2011-11306. 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:
Coconino	City of Page (10-09-3257P)	March 4, 2011; March 11, 2011; The Arizona Daily Sun	The Honorable Lyle Dimbatt, Mayor, City of Page, P.O. Box 4301, Page, AZ 86040	July 11, 2011	040113
Coconino	Unincorporated areas of Coconino County (10-09-3257P)	March 4, 2011; March 11, 2011; The Arizona Daily Sun	The Honorable Mandy Metzger, Chairperson, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001	July 11, 2011	040019
California:
Orange	City of Orange; (10-09-3115P)	March 21, 2011; March 28, 2011; The Orange County Register	The Honorable Carolyn V. Cavecche, Mayor, City of Orange, 300 East Chapman Avenue, Orange, CA 92866	April 15, 2011	060228
Riverside	Unincorporated areas of Riverside County (10-09-2063P)	March 18, 2011; March 25, 2011; The Press-Enterprise	The Honorable Bob Buster, Chairperson, Riverside County Board of Supervisors, 4080 Lemon Street, Riverside, CA 92502	July 25, 2011	060245
San Benito	City of Hollister (10-09-2357P)	March 8, 2011; March 15, 2011; The Free Lance	The Honorable Victor Gomez, Mayor, City of Hollister, 375 5th Street, Hollister, CA 95023	July 13, 2011	060268
San Benito	Unincorporated areas of San Benito County (10-09-2357P)	March 8, 2011; March 15, 2011; The Free Lance	The Honorable Anthony Botelho, Chairman, San Benito County Board of, Supervisors, 481 4th Street, 1st Floor, Hollister, CA 95023	July 13, 2011	060267
Ventura	City of Simi Valley (10-09-3242P)	March 9, 2011; March 16, 2011; The Ventura County Star	The Honorable Bob Huber, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063	July 14, 2011	060421
Colorado:
Arapahoe	City of Littleton (11-08-0082P)	March 18, 2011; March 25, 2011; The Denver Post	The Honorable Doug Clark, Mayor, City of Littleton, 2255 West Berry Avenue, Littleton, CO 80165	April 14, 2011	080017
Arapahoe	Town of Columbine Valley (11-08-0082P)	March 18, 2011; March 25, 2011; The Denver Post	The Honorable Gale Christy, Mayor, Town of Columbine Valley, 2 Middlefield Road, Columbine Valley, CO 80123	April 14, 2011	080014
Arapahoe	Unincorporated areas of Arapahoe County (11-08-0082P)	March 18, 2011; March 25, 2011; The Denver Post	The Honorable Rod Bockenfeld, Chairman, Arapahoe County, Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166	April 14, 2011	080011
Douglas	Unincorporated areas of Douglas County (11-08-0287P)	March 10, 2011; March 17, 2011; The Douglas County News-Press	The Honorable Jill Repella, Chair, Douglas County, Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104	February 28, 2011	080049
Florida:
Duval	City of Jacksonville (11-04-3277P)	March 18, 2011; March 25, 2011; The Jacksonville Daily Record	The Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, Suite 400, Jacksonville, FL 32202	March 14, 2011	120077
Orange	Unincorporated areas of Orange County (10-04-0673P)	February 10, 2011; February 17, 2011; The Orlando Weekly	The Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801	June 17, 2011	120179
Orange	Unincorporated areas of Orange County (10-04-7471P)	February 10, 2011; February 17, 2011; The Orlando Weekly	The Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801	June 17, 2011	120179
Sarasota	Unincorporated areas of Sarasota County (11-04-1370P)	March 16, 2011; March 23, 2011; The Sarasota Herald-Tribune	The Honorable Nora Patterson, Chairperson, Sarasota County Board of Commissioners, 1660 Ringling Boulevard, Sarasota, FL 34236	July 21, 2011	125144
Wakulla	Unincorporated areas of Wakulla County (10-04-8135P)	March 31, 2011; April 7, 2011; The Wakulla News	The Honorable Tim Barden, Interim Wakulla County Administrator, P.O. Box 1263, Crawfordville, FL 32327	March 25, 2011	120315
Georgia:
Fulton	City of East Point (09-04-8416P)	March 7, 2011; March 14, 2011; The Daily Report	The Honorable Crandall O. Jones, City of East Point Manager, 2777 East Point Street, East Point, GA 30344	July 12, 2011	130087
Troup	City of LaGrange (10-04-5810P)	March 11, 2011; March 18, 2011; The LaGrange Daily News	The Honorable Jeff Lukken, Mayor, City of LaGrange, 200 Ridley Avenue, LaGrange, GA 30240	July 18, 2011	130177
Hawaii:
Honolulu	City and County of Honolulu (11-09-0171P)	March 25, 2011; April 1, 2011; The Honolulu Star-Advertiser	The Honorable Peter B. Carlisle, Mayor, City and County of Honolulu, 530 South King Street, Room 300, Honolulu, HI 96813	March 21, 2011	150001
Maui	Unincorporated areas of Maui County (10-09-3595P)	March 4, 2011; March 11, 2011; The Maui News	The Honorable Alan M. Arakawa, Mayor, Maui County, 250 South High Street, Wailuku, HI 96793	February 24, 2011	150003
Mississippi:
DeSoto	City of Olive Branch (10-04-5201P)	March 31, 2011; April 7, 2011; The DeSoto Times Tribune	The Honorable Sam Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	August 5, 2011	280286
North Carolina:
Ashe	Unincorporated areas of Ashe County (10-04-3410P)	February 18, 2011; February 25, 2011; The Jefferson Post	Mr. Dan McMillan, Ashe County Manager, 150 Government Circle, Suite 2500, Jefferson, NC 28640	June 27, 2011	370007
Buncombe	Town of Montreat (10-04-3559P)	March 10, 2011; March 17, 2011; The Black Mountain News	The Honorable Letta Jean Taylor, Mayor, Town of Montreat, P.O. Box 95, Montreat, NC 28757	July 15, 2011	370476
Columbus	City of Whiteville (10-04-6817P)	February 24, 2011; March 3, 2011; The News Reporter	The Honorable Terry Mann, Mayor, City of Whiteville, 317 South Madison Street, Whiteville, NC 28472	February 17, 2011	370071
Columbus	Unincorporated areas of Columbus County (10-04-6817P)	February 24, 2011; March 3, 2011; The News Reporter	The Honorable Giles Byrd, Chairman, Columbus County Board of, Commissioners, 111 Washington Street, Whiteville, NC 28472	February 17, 2011	370305
Rutherford	Village of Chimney Rock (10-04-3339P)	February 18, 2011; February 25, 2011; The Daily Courier	The Honorable Barbara Meliski, Mayor, Village of Chimney Rock, P.O. Box 300, Chimney Rock, NC 28720	February 11, 2011	370487
Wake	City of Raleigh (10-04-3939P)	February 15, 2011; February 22, 2011; The News & Observer	The Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, NC 27602	June 22, 2011	370243
Tennessee:
Franklin	City of Decherd (10-04-2240P)	March 4, 2011; March 11, 2011; The Herald-Chronicle	The Honorable Betty Don Henshaw, Mayor, City of Decherd, 1301 West Main Street, Decherd, TN 37324	February 24, 2011	470054
Franklin	City of Winchester (10-04-2240P)	March 4, 2011; March 11, 2011; The Herald-Chronicle	The Honorable Terry Harrell, Mayor, City of Winchester, 7 South High Street, Winchester, TN 37398	February 24, 2011	470056
Utah:
Washington	City of Washington (10-08-1023P)	March 11, 2011; March 18, 2011; The Spectrum	The Honorable Ken Neilson, Mayor, City of Washington, 111 North 100 East, Washington, UT 84780	February 28, 2011	490182
Wyoming:
Sweetwater	City of Rock Springs (10-08-0509P)	March 22, 2011; March 29, 2011; The Rocket-Miner	The Honorable Carl Demshar, Mayor, City of Rock Springs, 212 D Street, Rock Springs, WY 82901	July 27, 2011	560051
Sweetwater	Unincorporated areas of Sweetwater County (10-08-0509P)	March 22, 2011; March 29, 2011; The Rocket-Miner	The Honorable Debby Dellai Boese, Chairman, Sweetwater County, Board of Commissioners, 80 West Flaming Gorge Way, Suite 109, Green River, WY 82935	July 27, 2011	560087

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

Dated: April 28, 2011.

Sandra K. Knight,

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