2010-32903. 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.
Alabama: Houston	City of Dothan (10-04-5284P)	July 9, 2010; July 16, 2010; Dothan Eagle	The Honorable Mike Schmitz, Mayor, City of Dothan, P.O. Box 2128, Dothan, AL 36302	November 15, 2010	010104
Arizona:
Navajo	City of Show Low (09-09-2789P)	July 9, 2010; July 16, 2010; White Mountain Independent	The Honorable Rick Fernau, Mayor, City of Show Low, 550 North 9th Place, Show Low, AZ 85901	June 28, 2010	040069
Arizona:
Yavapai	Unincorporated areas of Yavapai County (10-09-2672P)	July 9, 2010; July 16, 2010; The Daily Courier	Mr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305	November 15, 2010	040093
California:
Merced	City of Merced (10-09-0548P)	July 9, 2010; July 16, 2010; Merced Sun-Star	The Honorable Bill Spriggs, Mayor, City of Merced, 678 West 18th Street, Merced, CA 95340	November 15, 2010	060191
Sacramento	City of Sacramento (10-09-0525P)	July 9, 2010; July 16, 2010; The Sacramento Bee	The Honorable Kevin Johnson, Mayor, City of Sacramento, 915 I Street, 5th Floor, Sacramento, CA 95814	November 15, 2010	060266
San Bernardino	City of Colton (09-09-2788P)	July 9, 2010; July 16, 2010; San Bernardino Bulletin	The Honorable Kelly J. Chastain, Mayor, City of Colton, 650 North La Cadena Drive, Colton, CA 92324	November 15, 2010	060273
San Bernardino	City of San Bernardino (09-09-2788P)	July 9, 2010; July 16, 2010; San Bernardino Bulletin	The Honorable Patrick J. Morris, Mayor, City of San Bernardino, 300 North D Street, San Bernardino, CA 92418	November 15, 2010	060281
Santa Barbara	Unincorporated areas of Santa Barbara County (10-09-1185P)	July 9, 2010; July 16, 2010; Santa Barbara News-Press	The Honorable Janet Wolf, Chair, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101	June 29, 2010	060331
Santa Clara	Unincorporated areas of Santa Clara County (09-09-2556P)	June 30, 2010; July 7, 2010; Santa Clara Weekly	The Honorable Ken Yeager, Chairperson, Santa Clara County Board of Supervisors, 70 West Hedding Street, 10th Floor, San Jose, CA 95110	June 23, 2010	060337
Ventura	City of Simi Valley (10-09-2783P)	July 9, 2010; July 16, 2010; The Ventura County Star	The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063	November 15, 2010	060421
Florida:
Miami-Dade	City of Sunny Isles Beach (10-04-4666P)	July 9, 2010; July 16, 2010; Miami Daily Business Review	The Honorable Norman S. Edlecup, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160	June 30, 2010	120688
Orange	City of Orlando (10-04-0789P)	May 20, 2010; May 27, 2010; Orlando Weekly	The Honorable Buddy Dyer, Mayor, City or Orlando, P.O. Box 4990, Orlando, FL 32802	September 24, 2010	120186
Polk	City of Winter Haven (10-04-1058P)	June 4, 2010; June 11, 2010; News Chief	The Honorable Jeff Potter, Mayor, City of Winter Haven, 451 3rd Street Northwest, Winter Haven, FL 33881	October 12, 2010	120271
Sumter	Unincorporated areas of Sumter County (10-04-1900P)	July 22, 2010; July 29, 2010; Sumter County Times	Mr. Doug Gilpin, Chairman, Sumter County Board of Commissioners, 910 North Main Street, Bushnell, FL 33513	November 26, 2010	120296
Nevada: Clark	City of Las Vegas (10-09-1223P)	July 1, 2010; July 8, 2010; Las Vegas Review-Journal	The Honorable Oscar B. Goodman, Mayor, City of Las Vegas, City Hall, 10th Floor, 400 Stewart Avenue, Las Vegas, NV 89101	June 22, 2010	325276
New York: Niagara	Town of Cambria (07-02-0919P)	October 18, 2007; October 25, 2007; The Niagara Gazette	The Honorable Wright H. Ellis, Cambria Town Board Supervisor, 4160 Upper Mountain Road, Sanborn, NY 14132	January 24, 2008	360499
North Carolina:
Catawba	City of Conover (10-04-2641P)	July 7, 2010; July 14, 2010; The Observer News-Enterprise	The Honorable Lee E. Moritz, Jr., Mayor, City of Conover, P.O. Box 549, Conover, NC 28613	July 30, 2010	370053
Catawba	City of Newton (10-04-2641P)	July 7, 2010; July 14, 2010; The Observer News-Enterprise	The Honorable Robert A. Mullinax, Mayor, City of Newton, 401 North Main Avenue, Newton, NC 28658	July 30, 2010	370057
Tennessee:
Knox	Unincorporated areas of Knox County (10-04-1555P)	July 9, 2010; July 16, 2010; Knoxville News-Sentinel	The Honorable Mike Ragsdale, Knox County Mayor, 400 Main Street, Suite 615, Knoxville, TN 37902	June 30, 2010	475433
Shelby	Town of Collierville (10-04-1188P)	June 24, 2010; July 1, 2010; The Collierville Herald	The Honorable Stan Joyner, Mayor, Town of Collierville, 500 Poplar View Parkway, Collierville, TN 38017	June 17, 2010	470263
Utah: Washington	City of Washington (10-08-0519P)	July 9, 2010; July 16, 2010; The Spectrum	The Honorable Kenneth Neilson, Mayor, City of Washington, 111 North 100 East, Washington, UT 84780	November 15, 2010	490182
Wisconsin: Dane	City of Madison (10-05-3876P)	July 9, 2010; July 16, 2010; Wisconsin State Journal	The Honorable Dave Cieslewicz, Mayor, City of Madison, 210 Martin Luther King, Jr. Boulevard, City-County Building, Room 403, Madison, WI 53703	July 30, 2010	550083

(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.