E9-14278. 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:
Maricopa	Town of Gilbert (08-09-1488P)	April 23, 2009; April 30, 2009; Arizona Business Gazette	The Honorable Steven M. Berman, Mayor, Town of Gilbert, 50 East Civic Center Drive, Gilbert, AZ 85296	April 8, 2009	040044
Maricopa	Unincorporated areas of Maricopa County (08-09-1488P)	April 23, 2009; April 30, 2009; Arizona Business Gazette	The Honorable Andrew W. Kunasek, Chairman, Maricopa County, Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	April 8, 2009	040037
Maricopa	Town of Queen Creek (08-09-1488P)	April 23, 2009; April 30, 2009; Arizona Business Gazette	The Honorable Art Sanders, Mayor, Town of Queen Creek, 22350 South Ellsworth Road, Queen Creek, AZ 85242	April 8, 2009	040132
Navajo	Unincorporated areas of Navajo County (08-09-1857P)	April 22, 2009; April 29, 2009; The Tribune News	The Honorable J.R. Despain, Chairman, Navajo County, Board of Supervisors, P.O. Box 668, Holbrook, AZ 86025	August 27, 2009	040066
Florida: Polk	Unincorporated areas of Polk County (09-04-1385P)	April 8, 2009; April 15, 2009; The Polk County Democrat	The Honorable Sam Johnson, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831-9005	August 13, 2009	120261
Idaho: Blaine	Unincorporated areas of Blaine County (09-10-0307P)	April 22, 2009; April 29, 2009; Idaho Mountain Express	The Honorable Tom Bowman, Chairman, Blaine County Board of Commissioners, 206 First Street South, Suite 300, Hailey, ID 83333	April 14, 2009	165167
Iowa:
Crawford	City of Denison (08-07-1528P)	April 10, 2009; April 17, 2009; Denison Bulletin & Review	The Honorable Nathan Mahrt, Mayor, City of Denison, P.O. Box 668, Denison, IA 51442	August 17, 2009	190096
Polk	City of Ankeny (08-07-1252P)	April 22, 2009; April 29, 2009; Des Moines Register	The Honorable Steve Van Oort, Mayor, City of Ankeny, 410 West First Street, Ankeny, IA 50023	April 13, 2009	190226
Missouri: St. Louis	City of Richmond Heights (09-07-0908P)	April 30, 2009; May 7, 2009; The Countian	The Honorable James J. Beck, Mayor, City of Richmond Heights, 1330 South Big Bend Boulevard, Richmond Heights, MO 63117	September 8, 2009	290380
Montana:
Flathead	Unincorporated areas of Flathead County (08-08-0361P)	May 1, 2009; May 8, 2009; Daily Inter Lake	The Honorable Dale W. Lauman, Chairman, Flathead County Board of Commissioners, 800 South Main Street, Kalispell, MT 59901	April 21, 2009	800023
Stillwater	Unincorporated areas of Stillwater County (07-08-0854P)	July 17, 2008; July 24, 2008; Stillwater County News	The Honorable Dennis R. Hoyem, Chairman, Stillwater County Board of Commissioners, P.O. Box 970, Columbus, MT 59019	November 24, 2008	300078
North Carolina:
Orange	Town of Chapel Hill (09-04-1756P)	March 26, 2009; April 2, 2009; Chapel Hill Herald	The Honorable Kevin C. Foy, Mayor, Town of Chapel Hill, Mayor's Office, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514	July 31, 2009	370180
Wake	Wake County (Unincorporated Areas) (08-04-5834P)	March 13, 2009; March 20, 2009; The News & Observer	Mr. David C. Cooke, Manager, Wake County, P.O. Box 550, Suite 1100, Raleigh, NC 27602	July 17, 2009	370368
Wake	Town of Holly Springs (08-04-5834P)	March 13, 2009; March 20, 2009; The News & Observer	The Honorable Dick Sears, Mayor, Town of Holly Springs, P.O. Box 8, Holly Springs, NC 27540	July 17, 2009	370403
Texas:
Hunt	Unincorporated areas of Hunt County (08-06-1912P)	April 22, 2009; April 29, 2009; Herald Banner	The Honorable John Horn, Hunt County Judge, P.O. Box 1097, Greenville, TX 75403	April 10, 2009	480363
Tarrant	City of Arlington (09-06-0207P)	March 30, 2009; April 6, 2009; Star Telegram	The Honorable Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004	August 4, 2009	485454
Tarrant	City of Fort Worth (08-06-1200P)	April 7, 2009; April 14, 2009; Star Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	March 27, 2009	480596
Wisconsin: St. Croix	Village of Baldwin (09-05-1751P)	April 28, 2009; May 5, 2009; The Baldwin Bulletin	The Honorable Donald McGee, President, Village of Baldwin, P.O. Box 97, Baldwin, WI 54002	April 16, 2009	550380

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

Dated: June 9, 2009.

Edward L. Connor,

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