2010-31512. 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 Phoenix (09-09-1059P)	May 7, 2010, May 14, 2010, Arizona Republic	The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003	April 30, 2010	040051
Arizona: Maricopa	City of Phoenix (10-09-0146P)	May 6, 2010, May 13, 2010, Arizona Republic	The Honorable Phil Gordon, Mayor, City of Phoenix, 200 West Washington Street, 11th Floor, Phoenix, AZ 85003	April 28, 2010	040051
Arizona: Yavapai	City of Prescott (09-09-0658P)	May 10, 2010, May 17, 2010, Prescott Daily Courier	The Honorable Marlin Kuykendall, Mayor, City of Prescott, 201 South Cortez Street, Prescott, AZ 86303	April 30, 2010	040098
Arizona: Yavapai	Unincorporated areas of Yavapai County (09-09-0658P)	May 10, 2010, May 17, 2010, Prescott Daily Courier	The Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305	April 30, 2010	040093
California: San Diego	City of Poway (10-09-1118P)	May 13, 2010, May 20, 2010, Poway News Chieftain	The Honorable Don Higginson, Mayor, City of Poway, 13325 Civic Center Drive, Poway, CA 92064	September 17, 2010	060702
California: Ventura	City of Simi Valley (09-09-2409P)	May 28, 2010, June 4, 2010, Ventura County Star	The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063	October 4, 2010	060421
Florida: Leon	City of Tallahassee (09-04-3114P)	May 11, 2010, May 18, 2010, Tallahassee Democrat	The Honorable John Marks, Mayor, City of Tallahassee, 300 South Adams Street, B-28, Tallahassee, FL 32301	September 15, 2010	120144
Florida: Orange	City of Ocee (10-04-4198P)	May 28, 2010, June 4, 2010, Orlando Sentinel	The Honorable S. Scott Vandergrift, Mayor, City of Ocoee, 150 North Lakeshore Drive, Ocoee, FL 34761	May 21, 2010	120185
Florida: Pinellas	City of Clearwater (10-04-4136P)	May 7, 2010, May 14, 2010, St. Petersburg Times	The Honorable Frank V. Hibbard, Mayor, City of Clearwater, P.O. Box 4748, Clearwater, FL 33758	April 28, 2010	125096
Georgia: Whitfield	City of Dalton (09-04-1965P)	March 26, 2010, April 2, 2010, The Daily Citizen	The Honorable David Pennington, Mayor, City of Dalton, P.O. Box 1205, Dalton, GA 30720	April 14, 2010	130194
Georgia: Whitfield	Unincorporated areas of Whitfield County (09-04-1965P)	March 26, 2010, April 2, 2010, The Daily Citizen	The Honorable Mike Babb, Chairman, Whitfield County, 1407 Burleyson Drive, Dalton, GA 30720	April 14, 2010	130193
Hawaii: Hawaii	Unincorporated areas of Hawaii County (09-09-1789P)	April 30, 2010, May 7, 2010, Hawaii Tribune-Herald	The Honorable William P. Kenoi, Mayor, County of Hawaii, 25 Aupuni Street, Hilo, HI 96720	September 7, 2010	155166
Idaho: Ada	Unincorporated areas of Ada County (07-10-0642P)	May 13, 2010, May 20, 2010, The Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, 3rd Floor, Boise, ID 83702	September 17, 2010	160001
Idaho: Teton	Unincorporated areas of Teton County (09-10-0227P)	May 13, 2010, May 20, 2010, Teton Valley News	The Honorable Larry Young, Chairman, Teton County Board of Commissioners, 150 Courthouse Drive, Room 109, Driggs, ID 83422	September 17, 2010	160230
Idaho: Teton	City of Victor (09-10-0365P)	May 13, 2010, May 20, 2010, Teton Valley News	The Honorable Scott Fitzgerald, Mayor, City of Victor, P.O. Box 122, Victor, ID 83455	September 17, 2010	060119
Iowa: Hamilton	City of Webster City (09-07-1058P)	April 30, 2010, May 7, 2010, The Daily Freeman-Journal	The Honorable Janet Adams, Mayor, City of Webster City, P.O. Box 217, Webster City, IA 50595	September 7, 2010	190137
Kansas: Sedgwick	City of Derby (09-07-1398P)	May 12, 2010, May 19, 2010, The Derby Informer	The Honorable Dion Avello, Mayor, City of Derby, 611 Mulberry Road, Derby, KS 67037	September 16, 2010	200323
Mississippi: Lee	City of Tupelo (09-04-4664P)	May 21, 2010, May 28, 2010, Northeast Mississippi Daily Journal	The Honorable Jack Reed, Jr., Mayor, City of Tupelo, P.O. Box 1485, Tupelo, MS 38802	September 27, 2010	280100
Mississippi: Lee	Unincorporated areas of Lee County (09-04-4664P)	May 21, 2010, May 28, 2010, Northeast Mississippi Daily Journal	The Honorable Sean Thompson, President, Lee County, P.O. Box 1785, Tupelo, MS 38801	September 27, 2010	280227
Missouri: Jackson	City of Lee's Summit (09-07-1328P)	May 7, 2010, May 14, 2010, Lee's Summit Journal	The Honorable Karen R. Messerli, Mayor, City of Lee's Summit, 220 Southeast Green Street, Lee's Summit, MO 64063	September 13, 2010	290174
Nevada: City of Carson City	City of Carson City (08-09-1740P)	May 12, 2010, May 19, 2010, Nevada Appeal	The Honorable Robert L. Crowell, Mayor, City of Carson City, 201 North Carson Street, Suite 2, Carson City, NV 89701	April 30, 2010	320001
New Mexico: Dona Ana	City of Las Cruces (08-06-2997P)	May 7, 2010, May 14, 2010, Las Cruces Sun-News	The Honorable Ken Miyagishima, Mayor, City of Las Cruces, 200 North Church Street, Las Cruces, NM 88001	September 13, 2010	355332
North Carolina: Orange	Town of Chapel Hill (10-04-0448P)	April 16, 2010, April 23, 2010, Chapel Hill Herald	The Honorable Kevin Foy, Mayor, Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514	August 23, 2010	370180
South Carolina: Jasper	City of Hardeeville (09-04-5183P)	May 5, 2010, May 12, 2010, Jasper County Sun	The Honorable A. Brooks Willis, Mayor, City of Hardeeville, 205 East Main Street, Hardeeville, SC 29927	September 9, 2010	450113
South Carolina: Jasper	Unincorporated areas of Jasper County (09-04-5183P)	May 5, 2010, May 12, 2010, Jasper County Sun	The Honorable Dr. George Hood, Chairman, Jasper County Council, P.O. Box 1618, Ridgeland, SC 29936	September 9, 2010	450112
South Carolina: York	City of Rock Hill (09-04-3659P)	May 20, 2010, May 27, 2010, The Herald	The Honorable Doug Echols, Mayor, City of Rock Hill, P.O. Box 11706, Rock Hill, SC 29731	June 14, 2010	450196
South Carolina: York	Unincorporated areas of York County (09-04-3659P)	May 20, 2010, May 27, 2010, The Herald	The Honorable Houston “Buddy” Motz, Chairman, York County Board of Commissioners, 2047 Poinsett Drive, Rock Hill, SC 29732	June 14, 2010	450193
South Dakota: Pennington	Unincorporated areas of Pennington County (09-08-0639P)	May 13, 2010, May 20, 2010, Rapid City Journal	The Honorable Ethan Schmidt, Chairman, Pennington County Board of Commissioners, 315 Saint Joseph Street, Suite 156, Rapid City, SD 57701	June 2, 2010	460064
Texas: Bexar	City of San Antonio (09-06-3107P)	April 23, 2010, April 30, 2010, San Antonio Express-News	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	April 26, 2010	480045
Texas: Denton	Unincorporated areas of Denton County (10-06-1747P)	May 13, 2010, May 20, 2010, Denton Record-Chronicle	The Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, 2nd Floor, Denton, TX 76201	September 17, 2010	480774
Texas: Midland	City of Midland (08-06-2854P)	May 21, 2010, May 28, 2010, Midland Reporter-Telegram	The Honorable Wes Perry, Mayor, City of Midland, 300 North Loraine Street, Midland, TX 79701	September 27, 2010	480477
Texas: Midland	Unincorporated areas of Midland County (08-06-2854P)	May 21, 2010, May 28, 2010, Midland Reporter-Telegram	The Honorable Michael R. Bradford, Midland County Judge, 200 West Wall Street, Suite 104, Midland, TX 79701	September 27, 2010	481239
Wisconsin: Richland	City of Richland Center (09-05-1012P)	March 11, 2010, March 18, 2010, The Richland Observer	The Honorable Larry D. Fowler, Mayor, City of Richland Center, 450 South Main Street, Richland Center, WI 53581	July 9, 2010	555576
Wisconsin: Richland	Unincorporated areas of Richland County (09-05-1012P)	March 11, 2010, March 18, 2010, The Richland Observer	The Honorable Ann Greenheck, Chairman, Richland County Board, 31709 State Highway 130, Lone Rock, WI 53556	July 9, 2010	550356

(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.