2010-8083. 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:

Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, 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.
California:
Riverside	Unincorporated areas of Riverside County (08-09-0430P)	August 7, 2009; August 14, 2009; The Press-Enterprise	The Honorable Jeff Stone, Chairman, Riverside County Board of Supervisors, P.O. Box 1486, Riverside, CA 92502	December 14, 2009	060246
Riverside	City of Temecula (08-09-0430P)	August 7, 2009; August 14, 2009; The Press-Enterprise	The Honorable Maryann Edwards, Mayor, City of Temecula, P.O. Box 9033, Temecula, CA 92589	December 14, 2009	060742
Santa Barbara	Unincorporated areas of Santa Barbara County (09-09-0651P)	August 12, 2009; August 19, 2009; Santa Barbara News-Press	The Honorable Joseph Centeno, Chairman, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101	December 17, 2009	060331
Santa Barbara	City of Solvang (09-09-0651P)	August 12, 2009; August 19, 2009; Santa Barbara News-Press	The Honorable David Smyser, Mayor, City of Solvang, P.O. Box 107, Solvang, CA 93464	December 17, 2009	060756
Colorado:
Arapahoe	City of Aurora (09-08-0733P)	July 23, 2009; July 30, 2009; Aurora Sentinel	The Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012	July 17, 2009	080002
Boulder	Unincorporated areas of Boulder County (09-08-0486P)	August 7, 2009; August 14, 2009; The Daily Camera	The Honorable Ben Pearlman, Chairman, Boulder County Board of Commissioners, Boulder County Courthouse, P.O. Box 471, Boulder, CO 80306	December 14, 2009	080023
Florida: Leon	City of Tallahassee (09-04-1668P)	August 11, 2009; August 18, 2009; Tallahassee Democrat	The Honorable John Marks, Mayor, City of Tallahassee, 300 South Adams Street, Tallahassee, FL 32301	December 16, 2009	120144
Hawaii: Hawaii	Unincorporated areas of Hawaii County (08-09-1858P)	August 12, 2009; August 19, 2009; Hawaii Tribune-Herald	The Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720	December 17, 2009	155166
Kansas: Johnson	City of Mission (09-07-0751P)	August 18, 2009; August 25, 2009; The Legal Record	The Honorable Laura McConwell, Mayor, City of Mission, 6090 Woodson Road, Mission, KS 66202	August 4, 2009	200170
Mississippi:
DeSoto	Unincorporated areas of DeSoto County (09-04-2542P)	August 11, 2009; August 18, 2009; DeSoto Times-Tribune	The Honorable Tommy Lewis, President, DeSoto County Board of Supervisors, 365 Losher Street, Suite 310, Hernando, MS 38632	December 16, 2009	280050
DeSoto	City of Olive Branch (09-04-2542P)	August 11, 2009; August 18, 2009; DeSoto Times-Tribune	The Honorable Samuel P. Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	December 16, 2009	280286
Missouri:
Phelps	Unincorporated areas of Phelps County (09-07-0033P)	August 11, 2009; August 18, 2009; Rolla Daily News	The Honorable Randy Verkamp, Presiding Commissioner, Phelps County Commission, 200 North Main Street, Rolla, MO 65401	December 16, 2009	290824
Phelps	City of Rolla (09-07-0033P)	August 11, 2009; August 18, 2009; Rolla Daily News	The Honorable William Jenks III, Mayor, City of Rolla, P.O. Box 979, Rolla, MO 65401	December 16, 2009	290285
Montana: Mineral	Unincorporated areas of Mineral County (09-08-0372P)	August 12, 2009; August 19, 2009; Mineral Independent	The Honorable Clark Conrow, Chairman, Mineral County Board of Commissioners, 300 River Street, Superior, MT 59872	November 30, 2009	300159
Nevada:
Washoe	City of Reno (09-09-0999P)	August 11, 2009; August 18, 2009; Reno Gazette-Journal	The Honorable Robert Cashell, Mayor, City of Reno, P.O. Box 1900, Reno, NV 89505	December 16, 2009	320020
Washoe	Unincorporated areas of Washoe County (09-09-0999P)	August 11, 2009; August 18, 2009; Reno Gazette-Journal	The Honorable Robert Larkin, Chair, Washoe County Board of Commissioners, P.O. Box 11130, Reno, NV 89520	December 16, 2009	320019
New Jersey: Monmouth	Township of Marlboro (09-02-0785P)	August 13, 2009; August 20, 2009; Asbury Park Press	The Honorable Jonathan Hornik, Mayor, Township of Marlboro, 1979 Township Drive, Marlboro, NJ 07746	December 18, 2009	340310
New Mexico: Bernalillo	City of Albuquerque (08-06-2955P)	August 12, 2009; August 19, 2009; The Albuquerque Journal	The Honorable Martin J. Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	December 17, 2009	350002
Oregon:
Clackamas	Unincorporated areas of Clackamas County (09-10-0019P)	August 11, 2009; August 18, 2009; The Oregonian	The Honorable Lynn Peterson, Chair, Clackamas County Board of Commissioners, 2051 Kaen Road, Oregon City, OR 97045	December 16, 2009	415588
Clackamas	City of Wilsonville (09-10-0019P)	August 11, 2009; August 18, 2009; The Oregonian	The Honorable Tim Knapp, Mayor, City of Wilsonville, 11615 Southwest Jamaica, Wilsonville, OR 97070	December 16, 2009	410025
Pennsylvania:
Delaware	Borough of Eddystone (08-03-1531P)	August 13, 2009; August 20, 2009; Delaware County Daily Times	The Honorable Ralph Orr, Mayor, Borough of Eddystone, 1300 East 12th Street, Eddystone, PA 19022	December 18, 2009	420413
Delaware	Township of Ridley (08-03-1531P)	August 13, 2009; August 20, 2009; Delaware County Daily Times	The Honorable Robert J. Willert, President, Township of Ridley Board of Commissioners, 100 East MacDade Boulevard, Folsom, PA 19033	December 18, 2009	420429
Delaware	Borough of Ridley Park (08-03-1531P)	August 13, 2009; August 20, 2009; Delaware County Daily Times	The Honorable Hank Eberle, Jr., Mayor, Borough of Ridley Park, 105 East Ward Street, Ridley Park, PA 19078	December 18, 2009	420430
Texas:
Bexar	City of San Antonio (08-06-2074P)	August 12, 2009; August 19, 2009; Daily Commercial Recorder	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	December 17, 2009	480045
Bexar	City of San Antonio (08-06-2153P)	August 12, 2009; August 19, 2009; Daily Commercial Recorder	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	December 17, 2009	480045
Collin	City of McKinney (09-06-1503P)	August 14, 2009; August 21, 2009; McKinney Courier-Gazette	The Honorable Brian Loughmiller, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070	August 31, 2009	480135
Gillespie	Unincorporated areas of Gillespie County (09-06-0312P)	July 29, 2009; August 5, 2009; Fredericksburg Standard Radio Post	The Honorable Mark Stroeher, Gillespie County Judge, 101 West Main Street, Fredericksburg, TX 78624	December 3, 2009	480696
Utah: Davis	City of Centerville (09-08-0637P)	August 13, 2009; August 20, 2009; Salt Lake Tribune	The Honorable Ronald G. Russell, Mayor, City of Centerville, 73 West Ricks Creek Way, Centerville, UT 84014	July 31, 2009	490040

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

Dated: March 18, 2010.

Edward L. Connor,

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