Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12655 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 2, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6629 Filed 3–24–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1033] 

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, (202) 646–3151. 

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 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: Apache ... Town of Eager 

(08–09–0712P).

October 24, 2008; October 31, 2008; White 

Mountain Independent.

The Honorable Bill Greenwood, Town 

Manager, Town of Eager, P.O. Box 

1300, Eager, AZ 85925.

March 2, 2009 ...... 040103 

Arizona: Maricopa Town of Cave 

Creek (08–09– 

1202P).

December 18, 2008; December 25, 2008; Arizona Business Gazette.The Honorable Vincent Francia, 

Mayor, Town of Cave Creek, 5140 

East New River Road, Cave Creek, 

AZ 85331.

April 24, 2009 ...... 040129 

Arizona: Maricopa Unincorporated 

areas of Maricopa County 

(08–09–1202P).

December 18, 2008; December 25, 2008; Arizona Business Gazette.The Honorable Andrew W. Kunasek, 

Chairman, Maricopa County, Board 

of Supervisors, 301 West Jefferson 

Street, 10th Floor, Phoenix, AZ 

85003.

April 24, 2009 ...... 040037 


sroberts on PROD1PC70 with RULES
12656 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

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 City of Phoenix 

(08–09–1412P).

December 18, 2008; December 25, 2008; Arizona Business Gazette.The Honorable Phil Gordon, Mayor, 

City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, 

AZ 85003.

November 28, 

2008.

040051 

Colorado: Douglas Unincorporated 

areas of Douglas County (07– 

08–0979P).

December 4, 2008; December 11, 2008; Douglas County News-Press.The Honorable Melanie A. Worley, 

Chairperson, Douglas County, 

Board of County Commissioners, 

100 Third Street, Castle Rock, CO 

80104.

April 10, 2009 ...... 080049 

Colorado: El Paso Town of Palmer 

Lake (07–08– 

0979P).

December 3, 2008; December 10, 2008; The 

Tribune.

The Honorable John Cressman, 

Mayor, Town of Palmer Lake, P.O. 

Box 208, Palmer Lake, CO 80133.

April 10, 2009 ...... 080065 

Delaware: New 

Castle.

Unincorporated 

areas of New 

Castle County 

(08–03–1537P).

December 18, 2008; December 25, 2008; The 

News Journal.

The Honorable Christopher Coons, 

New Castle County Executive, 87 

Reads Way, New Castle, DE 

19720.

April 17, 2009 ...... 105085 

Florida: Duval ....... City of Jacksonville Beach (08– 

04–6323P).

December 26, 2008; January 2, 2009; The 

Beaches Leader.

The Honorable Fland Sharp, Mayor, 

City of Jacksonville Beach, 11 

North Third Street, Jacksonville 

Beach, FL 32250.

December 22, 

2008.

120078 

Georgia: Barrow ... Unincorporated 

areas of Barrow 

County (08–04– 

5370P).

December 10, 2008; December 17, 2008; The 

Barrow County News.

Mr. Douglas H. Garrison, Chairman, 

Barrow County, Board of Commissioners 233 East Broad Street, 

Winder, GA 30680.

April 16, 2009 ...... 130497 

Georgia: Hall ........ Unincorporated 

areas of Hall 

County (08–04– 

4322P).

December 11, 2008; December 18, 2008; 

Gainesville Times.

Mr. Tom Oliver, Chairman, Hall County, Board of Commissioners, P.O. 

Box 1435, Gainesville, GA 30503.

April 17, 2009 ...... 130466 

Georgia: Jackson Unincorporated 

areas of Jackson County (08– 

04–4322P).

December 10, 2008; December 17, 2008; The 

Jackson Herald.

Ms. Pat Bell, Chairperson, Jackson 

County Board of Commissioners, 

67 Athens Street, Jefferson, GA 

30549.

April 17, 2009 ...... 130345 

Georgia: Jackson Unincorporated 

areas of Jackson County (08– 

04–5370P).

December 10, 2008; December 17, 2008; The 

Jackson Herald.

Ms. Pat Bell, Chairman, Jackson 

County Board of Commissioners, 

67 Athens Street, Jefferson, GA 

30549.

April 16, 2009 ...... 130345 

Idaho: Ada ........... Unincorporated 

areas of Ada 

County (08–10– 

0528P).

December 22, 2008; December 29, 2008; Idaho 

Statesman.

The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, 

Boise, ID 83702.

April 28, 2009 ...... 160001 

Idaho: Ada ........... City of Eagle (08– 

10–0528P).

December 22, 2008; December 29, 2008; Idaho 

Statesman.

The Honorable Phil Brandy, Mayor, 

City of Eagle, P.O. Box 1520, 

Eagle, ID 83616.

April 28, 2009 ...... 160003 

Ohio: Licking ........ City of Newark 

(08–05–4680P).

December 8, 2008; December 15, 2008; The 

Newark Advocate.

The Honorable Bob Diebold, Mayor, 

City of Newark, 40 West Main 

Street, Newark, OH 43055.

April 14, 2009 ...... 390335 

Pennsylvania: 

Chester.

Township of Birmingham (08– 

03–1499P).

December 30, 2008; January 6, 2009; The Daily 

Local News.

The Honorable John L. Conklin, 

Chairman, Birmingham Township 

Board of Supervisors, 1040 West 

Street Road, West Chester, PA 

19382–8012.

May 6, 2009 ......... 421474 

Texas: Collin ........ Unincorporated 

areas of Collin 

County (08–06– 

1493P).

December 5, 2008; December 12, 2008; 

McKinney Courier-Gazette.

The Honorable Keith Self, Collin 

County Judge, 210 South McDonald Street, Suite 626, McKinney, 

TX 75069.

April 13, 2009 ...... 480130 

Texas: Collin ........ City of Lowry 

Crossing (08– 

06–1493P).

December 5, 2008; December 12, 2008; 

McKinney Courier-Gazette.

The Honorable Gary Piatt, Mayor, 

City of Lowry Crossings, 1405 

South Bridge Farmer Rd, McKinney, TX 75069.

April 13, 2009 ...... 481631 

Texas: Collin ........ City of McKinney 

(08–06–1493P).

December 5, 2008; December 12, 2008; 

McKinney Courier-Gazette.

The Honorable Bill Whitfield, Mayor, 

City of McKinney, 222 North Tennessee, McKinney, TX 75069.

April 13, 2009 ...... 480135 

Texas: Collin ........ City of McKinney 

(08–06–1994P).

December 8, 2008; December 15, 2008; 

McKinney Courier-Gazette.

The Honorable Bill Whitfield, Mayor, 

City of McKinney, 222 North Tennessee, McKinney, TX 75069.

April 14, 2009 ...... 480135 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12657 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: January 22, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6672 Filed 3–24–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

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, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Mitigation Division 

Director of FEMA resolved any appeals 

resulting from this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified 

BFEs determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 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 other 

Federal, State, or regional entities. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and are also 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in these 

buildings. The changes in BFEs are in 

accordance with 44 CFR 65.4. 

National Environmental Policy Act. 

This final 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 final 

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 final rule involves no policies that 

have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This final 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 

(FEMA Docket 

No.: B–1019).

City of Phoenix (06– 

09-B582P).

December 27, 2007; January 3, 

2008; Arizona Business Gazette.

The Honorable Phil Gordon, Mayor, City 

of Phoenix, 200 West Washington 

Street, 11th Floor, Phoenix, AZ 85003– 

1611.

April 3, 2008 ................... 040051 

California: 

Fresno (FEMA 

Docket No.: 

B–1015).

Unincorporated 

areas of Fresno 

County (07–09– 

1791P).

August 26, 2008; September 2, 

2008; The Fresno Bee.

The Honorable Henry Perea, Chairman, 

Fresno County, Board of Supervisors 

2281 Tulare Street, Room 300 Fresno, 

CA 93721.

June 16, 2008 ................ 065029 

San Diego 

(FEMA Docket No.: B– 

1001).

City of Escondido 

(07–09–1345P).

July 24, 2008; July 31, 2008; 

San Diego Transcript.

The Honorable Lori Holt Pfeiler Mayor, 

City of Escondido 201 North Broadway 

Escondido, CA 92025.

November 28, 2008 ........ 060290 

Colorado: 


sroberts on PROD1PC70 with RULES