E9-9063. 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.
Alabama: Autauga	City of Prattville (07-04-6309P)	February 28, 2009; March 7, 2009; Prattville Progress	The Honorable Jim Byard, Jr., Mayor, City of Prattville, 101 West Main Street, Prattville, AL 36067	February 20, 2009	010002
Arizona:
Coconino	Unincorporated areas of Coconino County (08-09-1418P)	February 20, 2009; February 27, 2009; Arizona Daily Sun	The Honorable Deb Hill, Chairman, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001	June 29, 2009	040019
Maricopa	City of Avondale (08-09-0655P)	March 5, 2009; March 12, 2009; Arizona Business Gazette	The Honorable Marie Lopez, Mayor, City of Avondale, 11465 West Civic Center Drive, Suite 280, Avondale, AZ 85323	July 10, 2009	040038
Maricopa	Unincorporated areas of Maricopa County (08-09-0655P)	March 5, 2009; March 12, 2009; Arizona Business Gazette	The Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	July 10, 2009	040037
Maricopa	City of Peoria (08-09-1474P)	January 22, 2009; January 29, 2009; Arizona Business Gazette	The Honorable Bob Barrett, Mayor, City of Peoria, City of Peoria Municipal Complex, 8401 West Monroe Street, Peoria, AZ 85345	January 12, 2009	040050
Maricopa	City of Tolleson (08-09-0655P)	March 5, 2009; March 12, 2009; Arizona Business Gazette	The Honorable Adolfo F. Gámez, Mayor, City of Tolleson, 9555 West Van Buren Street, Tolleson, AZ 85353	July 10, 2009	040055
California: San Diego	City of National City (08-09-1802P)	March 3, 2009; March 10, 2009; San Diego Union Tribune	The Honorable Ron Morrison, Mayor, National City, 1243 National City Boulevard, National City, CA 91950	July 8, 2009	060293
Colorado: Jefferson	City of Golden (09-08-0184P)	March 5, 2009; March 12, 2009; Golden Transcript	The Honorable Jacob Smith, Mayor, City of Golden, 911 10th Street, Golden, CO 80401	February 27, 2009	080090
Florida: Seminole	Unincorporated areas of Seminole County (08-04-6702P)	March 6, 2009; March 13, 2009; Orlando Sentinel	The Honorable Bob Dallari, Chairman, Seminole County Board of Commissioners, 1101 East First Street, Sanford, FL 32771	February 25, 2009	120289
Georgia:
Columbia	Unincorporated areas of Columbia County (07-04-4253P)	March 1, 2009; March 8, 2009; Columbia County News Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	July 6, 2009	130059
Henry	Unincorporated areas of Henry County (08-04-5164P)	March 13, 2009; March 20, 2009; Daily Herald	The Honorable Elizabeth “BJ” Mathis, Chairperson, Board of Commissioners, Henry County, 140 Henry Parkway, McDonough, GA 30253	July 20, 2009	130468
Idaho:
Blaine	Unincorporated areas of Blaine County (09-10-0141P)	March 11, 2009; March 18, 2009; Idaho Mountain Express	The Honorable Tom Bowman, Chairman, Blaine County Board of Commissioners, 206 First Avenue South, Suite 300, Hailey, ID 83333	February 27, 2009	165167
Blaine	City of Hailey (09-10-0141P)	March 11, 2009; March 18, 2009; Idaho Mountain Express	The Honorable Rick Davis, Mayor, City of Hailey, 115 Main Street South, Suite H, Hailey, ID 83333	February 27, 2009	160022
Kentucky: Lexington-Fayette Urban County Government	Lexington-Fayette Urban County Government (08-04-5296P)	December 12, 2008; December 19, 2008; Lexington Herald Leader	The Honorable Jim Newberry, Mayor, Lexington-Fayette, Urban County Government, 200 East Main Street, 12th Floor, Lexington, KY 40507	November 28, 2008	210067
Louisiana:
East Baton Rouge	Unincorporated areas of East Baton Rouge Parish (08-06-2569P)	February 11, 2009; February 18, 2009; The Advocate	The Honorable Melvin Holden, Mayor, East Baton Rouge Parish, 222 Saint Louis Street, Third Floor, Baton Rouge, LA 70802	June 18, 2009	220058
East Baton Rouge	City of Zachary (08-06-2569P)	February 12, 2009; February 19, 2009; Zachary Plainsman	The Honorable Henry J. Martinez, Mayor, City of Zachary, 4700 Main Street, Zachary, LA 70791	June 18, 2009	220061
New Hampshire: Grafton	Town of Waterville Valley (08-01-0905P)	September 4, 2008; September 11, 2008; Record Enterprise	The Honorable Dave Jenkins, Chair, Board of Selectmen, Town of Waterville Valley, Town Office, P.O. Box 500, Waterville Valley, NH 03215	January 9, 2009	330077
North Carolina: Guilford	City of Greensboro (09-04-0087P)	March 6, 2009; March 13, 2009; Greensboro News & Record	The Honorable Yvonne J. Johnson, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402-3136	July 13, 2009	375351
South Carolina: Jasper	Unincorporated areas of Jasper County (08-04-5295P)	March 4, 2009; March 11, 2009; Jasper County Sun	The Honorable Dr. George Hood, Chairman, Jasper County Council, P.O. Box 1149, Ridgeland, SC 29936	July 9, 2009	450112
Texas:
Bexar	Unincorporated areas of Bexar County (09-06-0762P)	March 6, 2009; March 13, 2009; Daily Commercial Recorder	The Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205	July 13, 2009	480035
Denton	Town of Copper Canyon (09-06-0214P)	March 2, 2009; March 9, 2009; Denton Record Chronicle	The Honorable Sue Tejml, Mayor, Town of Copper Canyon, 400 Woodland Drive, Copper Canyon, TX 75077	February 25, 2009	481508
Virginia:
Fauquier	Unincorporated areas of Fauquier County (08-03-1792P)	March 5, 2009; March 12, 2009; Fauquier Times Democrat	The Honorable R. Holder Trumbo, Jr., Chairman, Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186	July 10, 2009	510055
Henrico	Unincorporated areas of Henrico County (09-03-0224P)	March 12, 2009; March 19, 2009; Richmond Times Dispatch	The Honorable David A. Kaechele, Chairman, Board of Supervisors, Henrico County, P.O. Box 90775, Henrico, VA 23273	July 17, 2009	510077
Wisconsin: Dane	City of Sun Prairie (08-05-1760P)	March 12, 2009; March 19, 2009; The Star	The Honorable Joe Chase, Mayor, City of Sun Prairie, 300 East Main Street, Sun Prairie, WI 53590	February 27, 2009	550573

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

Dated: April 10, 2009.

Michael K. Buckley,

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