18152 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Dated: April 9, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–9070 Filed 4–20–09; 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–1046] 

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 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 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18153 

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. 

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. Ga ́mez, 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: LexingtonFayette 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 

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18154 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

(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. 

[FR Doc. E9–9063 Filed 4–20–09; 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. 

Alabama: Tuscaloosa (FEMA 

Docket No: B– 

1019).

Unincorporated 

areas of Tuscaloosa County (08– 

04–3997P).

October 15, 2008; October 22, 

2008; The Northport Gazette.

The Honorable W. Hardy McCollum, Tuscaloosa County Probate Judge, 714 

Greensboro Avenue, Tuscaloosa, AL 

35401.

February 19, 2009 .......... 010201 

Arizona: 

Maricopa 

(FEMA Docket No: B– 

1019).

City of El Mirage 

(08–09–1516P).

October 16, 2008; October 23, 

2008; Arizona Business Gazette.

The Honorable Fred Waterman, Mayor, 

City of El Mirage, P.O. Box 26, El Mirage, AZ 85335.

February 20, 2009 .......... 040041 

Maricopa 

(FEMA Docket No: B– 

1019).

Unincorporated 

areas of Maricopa 

County (08–09– 

1516P).

October 16, 2008; October 23, 

2008; Arizona Business Gazette.

The Honorable Andrew W. Kunasek, 

Chairman, Maricopa County Board of 

Supervisors, 301 West Jefferson Street, 

10th Floor, Phoenix, AZ 85003.

February 20, 2009 .......... 040037 

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