E9-8368. Changes in Flood Elevation Determinations

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Interim rule.

SUMMARY:

This interim rule lists communities where modification of the Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because of new scientific or technical data. New flood insurance premium rates will be calculated from the modified BFEs for new buildings and their contents.

DATES:

These modified BFEs are currently in effect on the dates listed in the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect prior to this determination for the listed communities.

From the date of the second publication of these changes in a newspaper of local circulation, any person has ninety (90) days in which to request through the community that the Mitigation Assistant Administrator of FEMA reconsider the changes. The modified BFEs may be changed during the 90-day period.

ADDRESSES:

The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

William R. Blanton Jr., Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

SUPPLEMENTARY INFORMATION:

The modified BFEs are not listed for each community in this interim rule. However, the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection is provided.

Any request for reconsideration must be based on knowledge of changed conditions or new scientific or technical data.

The modifications are made pursuant to section 201 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently effective community number is shown and must be used for all new policies and renewals.

The modified BFEs are the basis for the floodplain management measures that the community is required to either adopt or to show evidence of being already in effect in order to qualify or to remain qualified for participation in the National Flood Insurance Program (NFIP).

These modified BFEs, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by the other Federal, State, or regional entities. The changes in BFEs are in accordance with 44 CFR 65.4.

National Environmental Policy Act. This interim rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Regulatory Classification. This interim rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism. This interim rule involves no policies that have federalism implications under Executive Order 13132, Federalism.

Executive Order 12988, Civil Justice Reform. This interim rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

• Flood insurance
• Floodplains
• Reporting and recordkeeping requirements

Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65 continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

§ 65.4

[Amended]

2. The tables published under the authority of § 65.4 are amended as follows:

State and county	Location and case No.	Date and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Arizona: Pinal	City of Casa Grande (08-09-1919P)	February 20, 2009; February 27, 2009; Casa Grande Dispatch	The Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85222	February 10, 2009	040080
California:
San Bernardino	Town of Apple Valley (08-09-1552P)	February 13, 2009; February 20, 2009; Apple Valley News	The Honorable Mark Shoup, Mayor, City of Apple Valley, 14955 Dale Evans Parkway, Apple Valley, CA 92307	June 19, 2009	060752
San Bernardino	City of Hesperia (08-09-1552P)	February 12, 2009; February 19, 2009; Hesperia Resorter	The Honorable Tad Honeycutt, Mayor, City of Hesperia, 9700 Seventh Avenue, Hesperia, CA 92345	June 19, 2009	060733
San Bernardino	Unincorporated areas of San Bernardino County (08-09-1552P)	February 13, 2009; February 20, 2009; San Bernardino Bulletin	The Honorable Paul Biane, Chairman, San Bernardino County Board of Supervisors, 385 North Arrowhead Avenue, Fifth Floor, San Bernardino, CA 92415-0110	June 19, 2009	060270
Georgia: Gwinnett	Unincorporated areas of Gwinnett County (08-04-6361P)	January 2, 2009; January 9, 2009; Gwinnett Daily Post	The Honorable Charles E. Bannister, Chairman, Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30045	May 11, 2009	130322
Indiana: Hamilton	City of Carmel (08-05-5476P)	February 26, 2009; March 5, 2009; Noblesville Ledger	The Honorable James Brainard, Mayor, City of Carmel, One Civic Square, Carmel, IN 46032	July 6, 2009	180081
Kentucky: Louisville-Jefferson	Louisville-Jefferson County Metropolitan Government (08-04-3793P)	November 14, 2008; November 21, 2008; The Courier Journal	The Honorable Jerry E. Abramson, Mayor, Louisville-Jefferson County Metropolitan Government, 527 West Jefferson Street, Louisville, KY 40202	March 23, 2009	210120
Nevada: Clark	Unincorporated areas of Clark County (09-09-0318)	February 20, 2009; February 27, 2009; Las Vegas Review Journal	The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106	June 29, 2009	320003
North Carolina: Edgecombe	Town of Tarboro (08-04-1283P)	February 3, 2009; February 10, 2009; The Daily Southerner	Mr. Samuel W. Noble, Jr., Manager, Town of Tarboro, P.O. Box 220, 500 Main Street, Tarboro, North Carolina 27886-0221	January 27, 2009	370094
Rhode Island: Newport	Town of Portsmouth (09-01-0279P)	February 20, 2009; February 27, 2009; Newport Daily News	The Honorable Dennis Canario, President, Portsmouth Town Council, 64 Birchwood Drive, Portsmouth, RI 02871	February 9, 2009	445405
Tennessee: Nashville and Davidson	Metropolitan Government of Nashville and Davidson County (08-04-5048P)	February 6, 2009; February 13, 2009; The Tennessean	The Honorable Karl Dean, Mayor, Metropolitan Government of Nashville and Davidson County, 100 Metro Courthouse, Nashville, TN 37201	June 16, 2009	470040
Texas:
Webb	City of Laredo (08-06-2454P)	February 6, 2009; February 13, 2009; Laredo Morning Times	The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040	June 15, 2009	480651
Webb	Unincorporated areas of Webb County (08-06-2740P)	February 6, 2009; February 13, 2009; Laredo Morning Times	The Honorable Danny Valdez, Webb County Judge, Webb County Courthouse, 1000 Houston Street, Third Floor, Laredo, TX 78040	June 15, 2009	481059
Utah:
Salt Lake	City of Riverton (08-08-0716P)	February 12, 2009; February 19, 2009; Salt Lake Tribune	The Honorable Bill Applegarth, Mayor, City of Riverton, 12765 South 1400 West, Riverton, UT 84065	June 19, 2009	490104
Salt Lake	City of South Jordan (08-08-0716P)	February 12, 2009; February 19, 2009; Salt Lake Tribune	The Honorable William Kent Money, Mayor, City of South Jordan, 1600 West Towne Center Drive, South Jordan, UT 84095	June 19, 2009	490107
Washington: Spokane	Unincorporated areas of Spokane County (08-10-0786P)	February 12, 2009; February 19, 2009; Spokesman Review	The Honorable Todd Mielke, Chairman, Spokane County Board of Commissioners, Spokane County Courthouse, Room 300, 1116 West Broadway Avenue, Spokane, WA 99260	January 30, 2009	530174
Wisconsin: Waukesha	Unincorporated areas of Waukesha County (08-05-4338P)	February 12, 2009; February 19, 2009; Waukesha Freeman	The Honorable James T. Dwyer, Chairman, Waukesha County Board of Supervisors, 515 West Moreland Boulevard, Waukesha, WI 53188	June 19, 2009	550476

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: March 25, 2009.

Michael K. Buckley,

Acting Assistant Administrator, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.