2011-838. 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 Deputy Federal Insurance and Mitigation Administrator 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:

Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone], or (e-mail) [e-mail].

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 either to 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. 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	City of Peoria (10-09-1908P)	October 21, 2010, October 28, 2010, Arizona Business Gazette	The Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345	Oct. 15, 2010	040050
Arizona: Maricopa	Unincorporated areas of Maricopa County (10-09-1908P)	October 21, 2010, October 28, 2010, Arizona Business Gazette	Mr. Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	Oct. 15, 2010	040037
Arizona: Pinal	City of Casa Grande (10-09-1532P)	November 12, 2010, November 19, 2010, Casa Grande Dispatch	The Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85222	Nov. 5, 2010	040080
Arizona: Pinal	City of Maricopa (10-09-2020P)	November 4, 2010, November 11, 2010, Casa Grande Dispatch	The Honorable Anthony Smith, Mayor, City of Maricopa, 45145 West Madison Avenue, Maricopa, AZ 85239	Mar. 11, 2011	040052
Arizona: Pinal	Unincorporated areas of Pinal County (10-09-2020P)	November 4, 2010, November 11, 2010, Casa Grande Dispatch	Mr. Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, AZ 85132	Mar. 11, 2011	040077
Arizona: Yavapai	Unincorporated areas of Yavapai County (10-09-0470P)	November 10, 2010, November 17, 2010, The Daily Courier	Mr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 10 South 6th Street, Cottonwood, AZ 86326	Mar. 17, 2011	040093
Colorado: El Paso	City of Colorado Springs (10-08-0460P)	October 27, 2010, November 3, 2010, El Paso County Advertiser and News	The Honorable Lionel Riviera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	Nov. 17, 2010	080060
Colorado: Summit	Unincorporated areas of Summit County (10-08-0470P)	November 5, 2010, November 12, 2010, Summit County Journal	Mr. Bob French, Chairman, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, CO 80424	Nov. 29, 2010	080290
Colorado: Weld	Town of Firestone (10-08-0823P)	October 8, 2010, October 15, 2010, The Greeley Tribune	The Honorable Chad Auer, Mayor, Town of Firestone, P.O. Box 100, Firestone, CO 80520	Feb. 14, 2011	080241
Colorado: Weld	Town of Frederick (10-08-0823P)	October 8, 2010, October 15, 2010, The Greeley Tribune	The Honorable Eric Doering, Mayor, Town of Frederick, P.O. Box 435, Frederick, CO 80530	Feb. 14, 2011	080244
Colorado: Weld	Unincorporated areas of Weld County (10-08-0823P)	October 8, 2010, October 15, 2010, The Greeley Tribune	Mr. Douglas Rademacher, Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80632	Feb. 14, 2011	080266
Florida: Collier	City of Marco Island (10-04-7495P)	November 5, 2010, November 12, 2010, Naples Daily News	Mr. James Riviere, Ph.D., Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145	Oct. 27, 2010	120426
Florida: Leon	Unincorporated areas of Leon County (10-04-8400P)	October 29, 2010, November 5, 2010, Tallahassee Democrat	Mr. Parwez Alam, Leon County Administrator, 301 South Monroe Street, Tallahassee, FL 32301	Mar. 7, 2011	120143
Florida: Okaloosa	Unincorporated areas of Okaloosa County (10-04-8273P)	November 16, 2010, November 23, 2010, Northwest Florida Daily News	Mr. Wayne R. Harris, Chairman, Okaloosa County Board of Commissioners, 1804 Lewis Turner Boulevard, Suite 100, Fort Walton Beach, FL 32547	Nov. 8, 2010	120173
Florida: Sarasota	City of Sarasota (10-04-6569P)	November 5, 2010, November 12, 2010, Sarasota Herald-Tribune	The Honorable Kelly M. Kirschner, Mayor, City of Sarasota, 1565 1st Street, Room 101, Sarasota, FL 34236	Oct. 28, 2010	125150
Georgia: Bryan	City of Richmond Hill (10-04-6327P)	November 3, 2010, November 10, 2010, Bryan County News	The Honorable E. Harold Fowler, Mayor, City of Richmond Hill, P.O. Box 250, Richmond Hill, GA 31324	Mar. 10, 2011	130018
Georgia: Forsyth	Unincorporated areas of Forsyth County (10-04-6459P)	October 27, 2010, November 3, 2010, Forsyth County News	Mr. Charlie Laughinghouse, Chairman, Forsyth County Board of Commissioners, 110 East Main Street, Suite 210, Cumming, GA 30040	Nov. 17, 2010	130312
Georgia: Lamar	City of Barnesville (10-04-1925P)	August 24, 2010, August 31, 2010, The Herald-Gazette	The Honorable Peter Banks, Mayor, City of Barnesville, 109 Forsyth Street, Barnesville, GA 30204	Dec. 29, 2010	130207
Georgia: Tift	City of Tifton (09-04-7386P)	November 19, 2010, November 26, 2010, The Tifton Gazette	Mr. J. G. Cater, Jr., Chairman, Tift County Board of Commissioners, P.O. Box 229, Tifton, GA 31793	Mar. 28, 2011	130171
Georgia: Tift	Unincorporated areas of Tift County (09-04-7386P)	November 19, 2010, November 26, 2010, The Tifton Gazette	Mr. Grady Thompson, Chairman, Tift County Commission, 225 North Tift Avenue, Tifton, GA 31794	Mar. 28, 2011	130404
Mississippi: DeSoto	City of Olive Branch (10-04-1806P)	November 2, 2010, November 9, 2010, DeSoto Times-Tribune	The Honorable Sam Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	Mar. 9, 2011	280286
Montana: Yellowstone	Unincorporated areas of Yellowstone County (09-08-0713P)	June 10, 2010, June 17, 2010, The Billings Gazette	Mr. Bill Kennedy, Chairperson, Yellowstone County Board of Commissioners, P.O Box 35000, Billings, MT 59107	May 28, 2010	300142
North Carolina: Alamance	Unincorporated areas of Alamance County (10-04-6308P)	October 27, 2010, November 3, 2010, The Times-News	Mr. Craig F. Honeycutt, Alamance County Manager, 124 West Elm Street, Graham, NC 27253	Mar. 3, 2011	370001
North Carolina: Durham	City of Durham (09-04-5502P)	November 27, 2009, December 4, 2009, The Herald Sun	The Honorable William V. Bell, Mayor, City of Durham, Office of the Mayor, 101 City Hall Plaza, Durham, North Carolina 27701	Apr. 5, 2010	370086
North Carolina: Mecklenburg	City of Charlotte (10-04-7369P)	October 29, 2010, November 5, 2010, The Charlotte Observer	The Honorable Anthony Foxx, Mayor, City of Charlotte, 600 East 4th Street, Charlotte, NC 28202	Mar. 7, 2011	370159
North Carolina: Union	Unincorporated areas of Union County (10-04-7369P)	October 29, 2010, November 5, 2010, The Enquirer-Journal	Mr. Jerry Simpson, Chairman, Union County Board of Commissioners, 500 North Main Street, Monroe, NC 28112	Mar. 7, 2011	370234
South Dakota: Lawrence	City of Spearfish (10-08-0269P)	November 10, 2010, November 17, 2010, Black Hills Pioneer	The Honorable Jerry Krambeck, Mayor, City of Spearfish, 625 North 5th Street, Spearfish, SD 57783	Nov. 3, 2010	460046
South Dakota: Minnehaha	City of Brandon (10-08-0604P)	November 10, 2010, November 17, 2010, Argus Leader	The Honorable Larry Beesley, Mayor, City of Brandon, 212 7th Avenue, Brandon, SD 57005	Mar. 17, 2011	460296
South Dakota: Minnehaha	Unincorporated areas of Minnehaha County (10-08-0604P)	November 10, 2010, November 17, 2010, Argus Leader	Ms. Anne Hajek, Chair, Minnehaha County Board of Commissioners, 415 North Dakota Avenue, Sioux Falls, SD 57104	Mar. 17, 2011	460057
Utah: Utah	City of Spanish Fork (10-08-0282P)	October 8, 2010, October 15, 2010, The Daily Herald	The Honorable G. Wayne Anderson, Mayor, City of Spanish Fork, 40 South Main Street, Spanish Fork, UT 84660	Feb. 14, 2011	490241
Utah: Utah	Unincorporated areas of Utah County (10-08-0282P)	October 8, 2010, October 15, 2010, The Daily Herald	Mr. Steve White, Chairman, Utah County Board of Commissioners, 100 East Center Street, Provo, UT 84606	Feb. 14, 2011	495517

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

Dated: January 7, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.