2010-31509. 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: Cochise	City of Sierra Vista (10-09-2513P)	August 11, 2010, August 18, 2010, Sierra Vista Herald	The Honorable Bob Strain, Mayor, City of Sierra Vista, 1011 North Coronado Drive, Sierra Vista, AZ 85635	August 30, 2010	040017
Arizona: Maricopa	Town of Gilbert (10-09-0572P)	August 12, 2010, August 19, 2010, Arizona Business Gazette	The Honorable John Lewis, Mayor, Town of Gilbert, 50 East Civic Center Drive, Gilbert, AZ 85296	July 30, 2010	040044
Arizona: Maricopa	City of Goodyear (10-09-1335P)	August 5, 2010, August 12, 2010, Arizona Business Gazette	The Honorable James M. Cavanaugh, Mayor, City of Goodyear, P.O. Box 5100, Goodyear, AZ 85338	July 30, 2010	040046
Arizona: Pima	City of Tucson (10-09-1751P)	July 23, 2010, July 30, 2010, Arizona Daily Star	The Honorable Bob Walkup, Mayor, City of Tucson, City Hall, 255 West Alameda, Tucson, AZ 85701	July 13, 2010	040076
Arizona: Pinal	City of Casa Grande (10-09-1348P)	July 23, 2010, July 30, 2010, Casa Grande Dispatch	The Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85122	August 11, 2010	040080
Arizona: Pinal	Town of Mammoth (10-09-1056P)	July 31, 2010, August 7, 2010, Casa Grande Dispatch	The Honorable Craig Williams, Mayor, Town of Mammoth, P.O. Box 404, Mammoth, AZ 85618	December 6, 2010	040086
Arizona: Pinal	Unincorporated areas of Pinal County (10-09-1056P)	July 31, 2010, August 7, 2010, Casa Grande Dispatch	The Honorable Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, AZ 85132	December 6, 2010	040077
California: Sacramento	Unincorporated areas of Sacramento County (10-09-1947P)	August 11, 2010, August 18, 2010, The Sacramento Bee	The Honorable Roger Dickinson, Chairman, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814	December 16, 2010	060262
California: San Diego	City of Oceanside (10-09-1317P)	August 2, 2010, August 9, 2010, North County Times	The Honorable Jim Wood, Mayor, City of Oceanside, 300 North Coast Highway, Oceanside, CA 92054	July 26, 2010	060294
Colorado: Eagle	Unincorporated areas of Eagle County (10-08-0478P)	September 2, 2010, September 9, 2010, The Eagle Valley Enterprise	The Honorable Sara Fisher, Chairman, Eagle County Board of Commissioners, P.O. Box 850, Eagle, CO 81631	August 25, 2010	080051
Colorado: Summit	Unincorporated areas of Summit County (10-08-0513P)	August 6, 2010, August 13, 2010, Summit County Journal	The Honorable Bob French, Chairman, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, CO 80424	July 30, 2010	080290
Florida: Hillsborough	Unincorporated areas of Hillsborough County (10-04-4807P)	August 2, 2010, August 9, 2010, The Tampa Tribune	The Honorable Ken Hagan, Chairman, Hillsborough County Board of Commissioners, P.O. Box 1110, Tampa, FL 36601	July 22, 2010	120112
Florida: Lee	City of Cape Coral (10-04-0289P)	August 27, 2010, September 3, 2010, Fort Myers News-Press	The Honorable John Sullivan, Mayor, City of Cape Coral, P.O. Box 150027, Cape Coral, FL 33915	January 3, 2011	125095
Florida: Lee	Unincorporated areas of Lee County (10-04-0289P)	August 27, 2010, September 3, 2010, Fort Myers News-Press	Ms. Tammy Hall, Chair, Lee County Board of County, Commissioners, P.O. Box 398, Ft. Myers, FL 33902	January 3, 2011	125124
Florida: Polk	City of Lakeland (10-04-4064P)	August 11, 2010, August 18, 2010, The Ledger	The Honorable Gow Fields, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801	July 30, 2010	120267
Florida: St. Johns	Unincorporated areas of St. Johns County (10-04-2018P)	July 26, 2010, August 2, 2010, St. Augustine Record	Mr. Michael Wanchick, County Administrator, St. Johns County, 500 San Sebastian View, St. Augustine, FL 32084	July 21, 2010	125147
Mississippi: Rankin	City of Flowood (10-04-5433P)	August 20, 2010, August 27, 2010, The Clarion-Ledger	The Honorable Gary Rhoads, Mayor, City of Flowood, P.O. Box 320069, Flowood, MS 39232	August 10, 2010	280289
Montana: Cascade	Unincorporated areas of Cascade County (10-08-0429P)	August 10, 2010, August 17, 2010, Great Falls Tribune	The Honorable Joe Briggs, Chairman, Cascade County Board of Commissioners, 325 2nd Avenue North, Great Falls, MT 59401	December 15, 2010	300008
North Carolina: Cumberland	Town of Hope Mills (10-04-0445P)	July 26, 2010, August 2, 2010, Fayetteville Observer	The Honorable Eddie Dees, Mayor, Town of Hope Mills, 5770 Rockfish Road, Hope Mills, NC 28348	November 30, 2010	370312
North Carolina: Cumberland	Unincorporated areas of Cumberland County (10-04-0445P)	July 26, 2010, August 2, 2010, Fayetteville Observer	Mr. James E. Martin, Manager, Cumberland County, 117 Dick Street, Room 512, Fayetteville, NC 28301	November 30, 2010	370076
North Carolina: Pitt	City of Greenville (10-04-3020P)	August 23, 2010, August 30, 2010, The Daily Reflector	The Honorable Patricia C. Dunn, Mayor, City of Greenville, P.O. Box 7207, Greenville, NC 27835	December 28, 2010	370191
North Carolina: Pitt	City of Greenville (10-04-3296P)	August 19, 2010, August 26, 2010, The Daily Reflector	The Honorable Patricia C. Dunn, Mayor, City of Greenville, P.O. Box 7207, Greenville, NC 27835	August 12, 2010	370191
North Carolina: Wake	Unincorporated areas of Wake County, (09-04-7036P)	July 29, 2010, August 5, 2010, The News & Observer	Mr. David Cooke, Manager, Wake County, P.O. Box 550, Greenville, NC 27602	December 3, 2010	370368
South Carolina: Chester	Unincorporated areas of Chester County (10-04-4509P)	August 20, 2010, August 27, 2010, News & Reporter	The Honorable R. Carlisle Roddey, Chairman, Chester County Council, P.O. Box 580, Chester, SC 29706	December 27, 2010	450047
South Carolina: Dorchester	City of North Charleston (10-04-1595P)	August 19, 2010, August 26, 2010, The Post and Courier	The Honorable R. Keith Summey, Mayor, City of North Charleston, 2500 City Hall Lane, North Charleston, SC 29406	September 10, 2010	450042
South Dakota: Lincoln	Unincorporated areas of Lincoln County (10-08-0327P)	August 19, 2010, August 26, 2010, Lennox Independent	The Honorable Jim Schmidt, Chairman, Lincoln County Board of Commissioners, 104 North Main Street, Canton, SD 57013	December 24, 2010	460277
Texas: Wichita	City of Wichita Falls (10-06-1225P)	August 20, 2010, August 27, 2010, Wichita Falls Times Record News	The Honorable Glenn Barham, Mayor, City of Wichita Falls, P.O. Box 1431, Wichita Falls, TX 76307	December 27, 2010	480662
Utah: Washington	City of LaVerkin (10-08-0578P)	August 20, 2010, August 27, 2010, The Spectrum	The Honorable Karl Wilson, Mayor, City of LaVerkin, 111 South Main Street, LaVerkin, UT 84745	August 11, 2010	490174
Utah: Washington	Town of Toquerville (10-08-0578P)	August 20, 2010, August 27, 2010, The Spectrum	The Honorable Darrin LeFevre, Mayor, Town of Toquerville, P.O. Box 27, Toquerville, UT 84774	August 11, 2010	490180

(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.