12646 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

(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. E9–6584 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–1036] 

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. 

Alabama: St. Clair ... Town of Moody (08– 

04–4404P).

January 9, 2009; January 16, 

2009; The Birmingham News.

The Honorable Joe Lee, Mayor, Town of 

Moody, 670 Park Avenue, Moody, AL 

35004.

May 18, 2009 ................. 010187 

Arizona: 

Maricopa ........... Unincorporated 

areas of Maricopa 

County (08–09– 

1420P).

December 25, 2008; January 1, 

2009; Arizona Business Gazette.

The Honorable Andrew W. Kunasek, 

Chairman, Maricopa County, Board of 

Supervisors301 West Jefferson, 10th 

Floor, Phoenix, AZ 85003.

May 4, 2009 ................... 040037 

Pinal ................. City of Apache Junction (08–09– 

1318P).

January 12, 2009; January 19, 

2009; Apache Junction News.

The Honorable Douglas Coleman, Mayor, 

City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, 

AZ 85219.

May 19, 2009 ................. 040120 

California: Monterey City of Salinas (08– 

09–1361P).

January 12, 2009; January 19, 

2009; The Salinas Californian.

The Honorable Dennis Donohue, Mayor, 

City of Salinas, 200 Lincoln Avenue, 

Salinas, CA 93901.

May 19, 2009 ................. 060202 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 12647 

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. 

Colorado: Jefferson Unincorporated 

areas of Jefferson 

County (08–08– 

0667P).

January 7, 2009; January 14, 

2009; High Timber Times.

The Honorable Kathy Hartman, Chairman, Jefferson County, Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419–5550.

May 14, 2009 ................. 080087 

Florida: 

Lake .................. Town of Lady Lake 

(08–04–5093P).

January 12, 2009; January 19, 

2009; The Villages Daily Sun.

The Honorable Jim Richards, Mayor, 

Town of Lady Lake, 409 Fennell Boulevard, Lady Lake, FL 32159.

January 30, 2009 ........... 120613 

Miami-Dade ...... City of Coral Gables 

(09–04–0251P).

January 12, 2009; January 20, 

2009; Miami Daily Business 

Review.

The Honorable Don Slesnick, II, Mayor, 

City of Coral Gables, 405 Biltmore 

Way, Second Floor, Coral Gables, FL 

33134.

December 31, 2008 ........ 120639 

Georgia: Barrow ...... Unincorporated 

areas of Barrow 

County (08–04– 

5850P).

January 7, 2009; January 14, 

2009; The Barrow County 

News.

Mr. Douglas H. Garrison, Chairman, Barrow County, Board of Commissioners, 

233 East Broad Street, Winder, GA 

30680.

May 14, 2009 ................. 130497 

Illinois: 

DuPage ............ Unincorporated 

areas of DuPage 

County (08–05– 

0519P).

March 7, 2008; March 14, 

2008; Daily Herald.

The Honorable Robert J. Schillerstorm, 

Chairman, DuPage County Board, 505 

North County Farm Road, Wheaton, IL 

60187.

July 14, 2008 .................. 170197 

DuPage ............ City of Elmhurst (08– 

05–0519P).

March 7, 2008; March 14, 

2008; Daily Herald.

The Honorable Thomas D. Marcucci, 

Mayor, City of Elmhurst, 209 North 

York Street, Elmhurst, IL 60126.

July 14, 2008 .................. 170205 

Kansas: 

Pottawatomie.

Unincorporated 

areas of 

Pottawatomie 

County (08–07– 

1722P).

January 8, 2009; January 15, 

2009; The Wamego Times.

The Honorable Corwin Seamans, Chairman, Pottawatomie County Commissioners, 207 North First Street, Westmoreland, KS 66549.

May 15, 2009 ................. 200621 

Missouri: St. Charles Unincorporated 

areas of St. 

Charles County 

(09–07–0032P).

January 12, 2009; January 19, 

2009; St. Charles County 

Business Record.

The Honorable Steve Ehlmann, County 

Executive, St. Charles County, Administration Building, 201 North Second 

Street, St. Charles, MO 63301.

May 19, 2009 ................. 290315 

New Jersey: 

Somerset .......... Borough of Bound 

Brook (09–02– 

0051P).

January 9, 2009; January 16, 

2009; Courier News.

The Honorable Carey Pilato, Mayor, Borough of Bound Brook, 230 Hamilton 

Street, Bound Brook, NJ 08805.

December 24, 2008 ........ 340430 

Somerset .......... Township of Bridgewater (09–02– 

0051P).

January 9, 2009; January 16, 

2009; Courier News.

The Honorable Patricia Flannery, Mayor, 

Township of Bridgewater, P.O. Box 

6300, Bridgewater, NJ 08807.

December 24, 2008 ........ 340432 

North Carolina: 

Onslow.

City of Jacksonville 

(08–04–3999P).

December 23, 2008; December 

30, 2008; The Daily News.

The Honorable Sammy Phillips, Mayor, 

City of Jacksonville, P.O. Box 128, 

Jacksonville, NC 28541.

January 14, 2009 ........... 370178 

Oklahoma: 

Oklahoma ......... Town of Arcadia 

(08–06–2651P).

January 7, 2009; January 14, 

2009; The Oklahoman.

The Honorable Marilyn Murrell, Mayor, 

Town of Arcadia, P.O. Box 268, Arcadia, OK 73004.

December 23, 2008 ........ 400551 

Tulsa ................. City of Broken Arrow 

(08–06–2075P).

January 9, 2009; January 16, 

2009; Tulsa Daily Commerce 

& Legal News.

The Honorable Wade McCaleb, Mayor, 

City of Broken Arrow, P.O. Box 610, 

Broken Arrow, OK 74013.

December 24, 2008 ........ 400236 

Pennsylvania: Allegheny.Municipality of Monroeville (09–03– 

0036P).

January 12, 2009; January 19, 

2009; Pittsburgh Post Gazette.

The Honorable Gregory Rosenko, Mayor, 

Municipality of Monroeville, 2700 Monroeville Boulevard, Monroeville, PA 

15146.

December 31, 2008 ........ 420054 

Puerto Rico: Puerto 

Rico.

Commonwealth of 

Puerto Rico (08– 

02–1455P).

January 9, 2009; January 16, 

2009; Puerto Rico Daily Sun.

The Honorable Anibal Acevedo-Vila, Governor, Commonwealth of Puerto Rico, 

P.O. Box 82, La Fortaleza, San Juan, 

PR 00901.

May 18, 2009 ................. 720000 

Tennessee: Rutherford.City of Murfreesboro 

(08–04–3762P).

January 11, 2009; January 18, 

2009; The Murfreesboro Post.

The Honorable Tommy Bragg, Mayor, 

City of Murfreesboro, 111 West Vine 

Street, Murfreesboro, TN 37130.

May 18, 2009 ................. 470168 

Texas: 

Bexar ................ City of San Antonio 

(08–06–0269P).

January 12, 2009; January 19, 

2009; San Antonio Express 

News.

The Honorable Phil Hardberger, Mayor, 

City of San Antonio, P.O. Box 839966, 

San Antonio, TX 78283.

May 19, 2009 ................. 480045 

Caldwell ............ Unincorporated 

areas of Caldwell 

County (07–06– 

2617P).

October 9, 2008; October 16, 

2008; Lockhart Post Register.

The Honorable H.T. Wright, Caldwell 

County Judge, 110 South Main Street, 

Lockhart, TX 78644.

February 20, 2009 .......... 480094 

Caldwell ............ Town of Martindale 

(07–06–2617P).

October 9, 2008; October 16, 

2008; Lockhart Post Register.

The Honorable Patricia Peterson, Mayor, 

Town of Martindale, P.O. Box 365, 

Martindale, TX 78655.

February 20, 2009 .......... 481587 

Dallas ............... City of Garland (08– 

06–0905P).

January 5, 2009; January 12, 

2009; Dallas Morning News.

The Honorable Ronald E. Jones, Mayor, 

City of Garland, P.O. Box 469002, Garland, TX 75046–9002.

May 12, 2009 ................. 485471 

Fort Bend ......... Fort Bend County 

M.U.D. #23 (08– 

06–2237P).

January 9, 2009; January 16, 

2009; Fort Bend Herald.

The Honorable Ellen Hughes, Board 

President, Fort Bend County Municipal 

Utility District No. 23, 1715 Misty Fawn 

Lane, Fresno, TX 77545.

December 31, 2008 ........ 481590 


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12648 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. 

Guadalupe ........ Unincorporated 

areas of Guadalupe County (07– 

06–2617P).

October 16, 2008; October 23, 

2008; Seguin Gazette Enterprise.

The Honorable Mike Wiggins, Guadalupe 

County Judge, 307 West Court Street, 

Seguin, Texas 78155.

February 20, 2009 .......... 480266 

Harris ................ Unincorporated 

areas of Harris 

County (08–06– 

2044P).

January 9, 2009; January 16, 

2009; Houston Chronicle.

The Honorable Ed Emmett, Harris County 

Judge, 1001 Preston Street, Suite 911, 

Houston, TX 77002.

January 30, 2009 ........... 480287 

Hays ................. Unincorporated 

areas of Hays 

County (07–06– 

2617P).

October 16, 2008; October 23, 

2008; San Marcos Daily 

Record.

The Honorable Liz Sumter, Hays County 

Judge, 111 East San Antonio Street, 

Suite 300, San Marcos, TX 78666.

February 20, 2009 .......... 480321 

McLennan ......... Unincorporated 

areas of 

McLennan County 

(09–06–0208P).

January 9, 2009; January 16, 

2009; Waco Tribune-Herald.

The Honorable Jim Lewis, McLennan 

County Judge, P.O. Box 1728, Waco, 

TX 76701.

May 18, 2009 ................. 480456 

McLennan ......... City of Waco (09– 

06–0208P).

January 9, 2009; January 16, 

2009; Waco Tribune-Herald.

The Honorable Virginia Dupuy, Mayor, 

City of Waco, P.O. Box 2570, Waco, 

TX 76702.

May 18, 2009 ................. 480461 

Tarrant .............. Unincorporated 

areas of Tarrant 

County (08–06– 

1292P).

January 9, 2009; January 16, 

2009; Commercial Recorder.

The Honorable B. Glen Whitley, Tarrant 

County Judge, 100 East Weatherford 

Street, Fort Worth, TX 76196.

May 18, 2009 ................. 480582 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: February 6, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–6575 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 


sroberts on PROD1PC70 with RULES