2010-31505. 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 Tempe (10-09-2035P)	September 16, 2010, September 23, 2010, Arizona Business Gazette	The Honorable Hugh Hallman, Mayor, City of Tempe, 31 East 5th Street, Tempe, AZ 85281	January 21, 2011	040054
Arizona: Mojave	Fort Mojave Indian Reservation (10-09-1826P)	September 10, 2010, September 17, 2010, The Kingman Daily Miner	Mr. Timothy Williams, Chairman, Fort Mojave Indian Reservation, 500 Merriman Avenue, Needles, CA 92363	August 31, 2010	040133
Arizona: Pinal	Town of Florence (10-09-1057P)	September 24, 2010, October 1, 2010, Casa Grande Dispatch	The Honorable Vikki Kilvinger, Mayor, Town of Florence, 775 North Main Street, Florence, AZ 85232	January 31, 2011	040084
Arizona: Yavapai	Unincorporated areas of Yavapai County (10-09-0965P)	August 27, 2010, September 3, 2010, The Daily Courier	Mr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 10 South 6th Street, Cottonwood, AZ 86326	January 3, 2011	040093
California: Riverside	City of Riverside (10-09-0680P)	September 3, 2010, September 10, 2010, The Press-Enterprise	The Honorable Ronald O. Loveridge, Mayor, City of Riverside, 3900 Main Street, Riverside, CA 92522	August 27, 2010	060260
Colorado: Jefferson	Unincorporated areas of Jefferson County (10-08-0546P)	September 16, 2010, September 23, 2010, Westminster Window	Ms. Kathy Hartman, Chair, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419	January 21, 2011	080087
Colorado: Jefferson	City of Westminster (10-08-0546P)	September 16, 2010, September 23, 2010, Westminster Window	The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031	January 21, 2011	080008
Colorado: Pueblo	City of Pueblo (10-08-0862P)	September 3, 2010, September 10, 2010, The Pueblo Chieftain	Mr. Lawrence Atencio, President, Pueblo City Council, 1 City Hall Place, Pueblo, CO 81003	January 10, 2011	085077
Florida: Lake	City of Clermont (10-04-4299P)	September 3, 2010, September 10, 2010, Daily Commercial	The Honorable Harold Turville, Jr., Mayor, City of Clermont, 685 West Montrose Street, Clermont, FL 34711	January 10, 2011	120133
Florida: Lake	Unincorporated areas of Lake County (10-04-4299P)	September 3, 2010, September 10, 2010, Daily Commercial	Mr. Welton G. Caldwell, Chairman, Lake County Board of Commissioners, Lake County, P.O. Box 7800, Tavares, FL 32778	January 10, 2011	120421
Florida: Monroe	Unincorporated areas of Monroe County (10-04-5258P)	September 17, 2010, September 24, 2010, Key West Citizen	The Honorable Sylvia Murphy, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040	September 10, 2010	125129
Georgia: DeKalb	Unincorporated areas of DeKalb County (10-04-4217P)	September 9, 2010, September 16, 2010, The Champion Newspaper	Mr. W. Burrell Ellis, Jr., Chief Executive Officer, DeKalb County, 330 West Ponce De Leon Avenue, Decatur, GA 30030	October 4, 2010	130065
Hawaii: Maui	Unincorporated areas of Maui County (10-09-1230P)	September 10, 2010, September 17, 2010, The Maui News	The Honorable Charmaine Tavares, Mayor, Maui County, 200 South High Street, 9th Floor, Wailuku, HI 96793	January 18, 2011	150003
Kansas: Johnson	City of Leawood (10-07-2021P)	September 15, 2010, September 22, 2010, The Johnson County Sun	The Honorable Peggy J. Dunn, Mayor, City of Leawood, 4800 Town Center Drive, Leawood, KS 66211	January 20, 2011	200167
North Carolina: Chatham	Unincorporated areas of Chatham County (10-04-0659P)	September 9, 2010, September 16, 2010, The Chatham News	Mr. Charlie Horne, Manager, Chatham County, P.O. Box 1809, 12 East Street, Pittsboro, NC 27312	January 14, 2011	370299
North Carolina: Wake	Unincorporated areas of Wake County (09-04-2504P)	September 7, 2010, September 14, 2010, The News & Observer	Mr. David Cooke, Manager, Wake County, P.O. Box 550, Raleigh, NC 27602	January 12, 2011	370368
Utah: Weber	City of Ogden (10-08-0035P)	September 3, 2010, September 10, 2010, Standard Examiner	The Honorable Matthew R. Godfrey, Mayor, City of Ogden, 2549 Washington Boulevard, Suite 910, Ogden, UT 84401	January 10, 2011	490189

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

Dated: December 3, 2010.

Sandra K. Knight,

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