2011-8853. 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.
Idaho:
Ada	Unincorporated areas of Ada County (10-10-0128P)	Oct. 25, 2010, Nov. 1, 2010, The Idaho Statesman	Mr. Fred Tilman, Chairman, Ada County Board of Commissioners, Ada County Courthouse, 200 West Front Street, 3rd Floor, Boise, ID 83702	March 1, 2011	160001
Ada	City of Meridian (10-10-0128P)	Oct. 25, 2010, Nov. 1, 2010, The Idaho Statesman	The Honorable Tammy de Weerd, Mayor, City of Meridian, 33 East Broadway Avenue, Suite 300, Meridian, ID 83642	March 1, 2011	160180
Illinois:
DuPage	Village of Woodridge (10-05-5743P)	Nov. 25, 2010, Dec 2, 2010, The Bugle Newspaper	The Honorable William F. Murphy, Mayor, Village of Woodridge, 5 Plaza Drive, Woodridge, IL 60517	November 12, 2010	170737
Will	Village of Bolingbrook (10-05-5743P)	Nov. 25, 2010, Dec. 2, 2010, The Bugle Newspaper	The Honorable Roger C. Claar, Mayor, Village of Bolingbrook, 375 West Briarcliff Road, Bolingbrook, IL 60440	November 12, 2010	170812
DuPage	Unincorporated areas of DuPage County (10-05-1256P)	Dec. 13, 2010, Dec. 20, 2010, The Daily Herald	Mr. Robert J. Schillerstrom, Chairman, DuPage County Board, Jack T. Knuepfer Administration Building, 421 North County Farm Road, Wheaton, IL 60187	April 19, 2011	170197
DuPage	City of Darien (10-05-1256P)	Dec. 13, 2010, Dec. 20, 2010, The Daily Herald	The Honorable Kathleen A. Weaver, Mayor, City of Darien, 1702 Plainfield Road, Darien, IL 60561	April 19, 2011	170750
Kansas: Johnson	City of Lenexa (10-07-0912P)	Nov. 30, 2010, Dec. 7, 2010, The Legal Record	The Honorable Michael Boehm, Mayor, City of Lenexa, 12350 West 87th Street Parkway, Lenexa, KS 66215	April 6, 2011	200168
Massachusetts:
Bristol	Town of Swansea (10-01-1791P)	Oct. 20, 2010, Oct. 27, 2010, The Spectator	Mr. M. Scott Ventura, Chairman, Board of Selectmen, Swansea Town Hall Annex, 68 Stevens Road, Swansea, MA 02777	October 4, 2010	255221
Bristol	Town of Easton (11-01-0022P)	Nov. 1, 2010, Nov. 8, 2010, The Enterprise News	Mr. David Colton, Town of Easton Administrator, 136 Elm Street, Easton, MA 02356	October 26, 2010	250053
Bristol	Town of Easton (11-01-0021P)	Nov. 15, 2010, Nov. 22, 2010, The Enterprise News	Mr. David Colton, Town of Easton Administrator, 136 Elm Street, Easton, MA 02356	November 2, 2010	250053
Michigan: Bay	Township of Frankenlust (09-05-6111P)	Oct. 7, 2010, Oct. 14, 2010, The Bay City Democrat & The Bay County Legal News	Mr. Ronald Campbell, Township of Frankenlust Supervisor, 2401 Delta Road, Bay City, MI 48706	February 11, 2011	260022
Minnesota:
Olmsted	City of Rochester (10-05-2736P)	Oct. 7, 2010, Oct. 14, 2010, The Rochester Post-Bulletin	The Honorable Ardell F. Brede, Mayor, City of Rochester, 201 4th Street Southeast, Room 281, Rochester, MN 55904	February 11, 2011	275246
Olmsted	Unincorporated areas of Olmsted County (10-05-2736P)	Oct. 7, 2010, Oct. 14, 2010, The Rochester Post-Bulletin	Mr. Richard G. Delvin, Olmsted County Administrator, 151 Southeast 4th Street, Rochester, MN 55904	February 11, 2011	270626
Anoka	City of Centerville (10-05-2774P)	Oct. 27, 2010, Nov. 10, 2010, The Citizen	The Honorable Mary Capra, Mayor, City of Centerville, 1880 Main Street, Centerville, MN 55038	March 10, 2011	270008
Missouri:
Phelps	City of Rolla (10-07-0319P)	Dec. 13, 2010, Dec. 20, 2010, The Rolla Daily News	The Honorable William S. Jenks, III, Mayor, City of Rolla, 901 North Elm Street, Rolla, MO 65401	April 19, 2011	290285
St. Charles	Unincorporated areas of St. Charles County (10-07-1774P)	December 15, 2010, Dec. 22, 2010, The Suburban Journals of St., Charles County	Mr. Steve Ehlmann, St. Charles County Executive, 100 North 3rd Street, St. Charles, MO 63301	December 1, 2010	290315
St. Charles	City of St. Peters (10-07-1774P)	Dec. 15, 2010, Dec. 22, 2010, The Suburban Journals of St. Charles County	The Honorable Len Pagano, Mayor, City of St. Peters, 1 St. Peters Centre Boulevard, St. Peters, MO 63376	December 1, 2010	290319
Ohio: Summit	City of Akron (10-05-5693P)	Nov. 29, 2010, Dec. 6, 2010, The Akron Legal News	The Honorable Donald L. Plusquellic, Mayor, City of Akron, 166 South High Street, Room 200, Akron, OH 44308	December 17, 2010	390523
Wisconsin:
Waukesha	City of New Berlin (10-05-2901P)	Oct. 21, 2010, Oct. 28, 2010, My Community Now— Southwest	The Honorable Jack F. Chiovatero, Mayor, City of Berlin, 3805 South Casper Drive, New Berlin, WI 53151	October 4, 2010	550487
Green	Unincorporated areas of Green County (10-05-1296P)	October 21, 2010, Oct. 28, 2010, The Post Messenger Recorder	Mr. Arthur Carter, Chairman, Green County Board, 1016 16th Avenue, Monroe, WI 53566	February 18, 2011	550157
Green	Village of New Glarus (10-05-1296P)	Oct. 21, 2010, Oct. 28, 2010, The Post Messenger Recorder	Mr. Jim Salter, President, Village of New Glarus Board, 319 2nd Street, P.O. Box 399, New Glarus, WI 53574	February 18, 2011	550164
Washington	Unincorporated areas of Washington County (10-05-2489P)	Nov. 9, 2010, Nov. 16, 2010, The West Bend Daily News	Mr. Herbert J. Tennies, Chairperson, Washington County, P.O. Box 1986, 432 East Washington Street, West Bend, WI 53095	March 16, 2010	550471

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

Dated: March 7, 2011.

Sandra K. Knight,

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