2010-12475. 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.
Alabama: St. Clair	Unincorporated areas of St. Clair County (09-04-6331P)	December 24, 2009; December 31, 2009; The St. Clair News-Aegis	Mr. Stanley Batemon, Chairman, St. Clair County Commission, 165 5th Avenue, Suite 100, Ashville, AL 35953	April 30, 2010	010290
Arizona:
Pima	Town of Marana (09-09-0980P)	September 21, 2009; September 28, 2009; Daily Territorial	The Honorable Ed Honea, Mayor, Town of Marana, 11555 West Civic Center Drive, Marana, AZ 85653	January 26, 2010	040118
Pima	Town of Marana (08-09-1811P)	October 9, 2009; October 16, 2009; Daily Territorial	The Honorable Ed Honea, Mayor, Town of Marana, 11555 West Civic Center Drive, Marana, AZ 85653	January 19, 2010	040118
Pima	Town of Oro Valley (08-09-1811P)	October 9, 2009; October 16, 2009; Daily Territorial	The Honorable Paul H. Loomis, Mayor, Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, AZ 85737	January 19, 2010	040109
Pima	Unincorporated areas of Pima County (08-09-1811P)	October 9, 2009; October 16, 2009; Daily Territorial	The Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, AZ 85701	January 19, 2010	040073
Yuma	Unincorporated areas of Yuma County (09-09-1722P)	December 21, 2009; December 28, 2009; Yuma Sun	The Honorable Gregory S. Ferguson, Chairman, Yuma County Board of Supervisors, 198 South Main Street, Yuma, AZ 85364	December 7, 2009	040099
Arkansas:
Benton	Town of Bethel Heights (09-06-1075P)	January 6, 2010; January 13, 2010; Arkansas Democrat-Gazette	The Honorable Fred Jack, Mayor, Town of Bethel Heights, 530 Sunrise Drive, Bethel Heights, AR 72764	May 13, 2010	050386
Benton	City of Lowell (09-06-1075P)	January 6, 2010; January 13, 2010; Arkansas Democrat-Gazette	The Honorable Perry Long, Mayor, City of Lowell, 216 North Lincoln Street, Lowell, AR 72745	May 13, 2010	050342
California: Santa Clara	City of San Jose (10-09-0251P)	January 5, 2010; January 12, 2010; San Jose Mercury News	The Honorable Chuck Reed, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, CA 95113	December 29, 2009	060349
Florida:
Hillsborough	Unincorporated areas of Hillsborough County (09-04-6011P)	January 4, 2010; January 11, 2010; Tampa Tribune	The Honorable Ken Hagan, Chairman, Hillsborough County Board of Commissioners, P.O. Box 1110, Tampa, FL 33601	January 22, 2010	120112
Lake	Unincorporated areas of Lake County (09-04-4297P)	January 4, 2010; January 11, 2010; Daily Commercial	The Honorable Welton G. Cadwell, Chairman, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 32778	May 11, 2010	120421
Illinois:
Kane	City of Elgin (09-05-2958P)	December 29, 2009; January 5, 2010; Courier News	The Honorable Edward Schock, Mayor, City of Elgin, 150 Dexter Court, Elgin, IL 60120	May 5, 2010	170087
Kane	Village of Hampshire (09-05-2792P)	December 22, 2009; December 29, 2009; Kane County Chronicle	The Honorable Jeffrey Magnussen, President, Village of Hampshire, P.O. Box 457, Hampshire, IL 60140	April 28, 2010	170327
Kane	Unincorporated areas of Kane County (09-05-2792P)	December 22, 2009; December 29, 2009; Kane County Chronicle	The Honorable Karen McConnaughay, Chairman, Kane County Board of Commissioners, 719 South Batavia Avenue, Geneva, IL 60134	April 28, 2010	170896
Sedgwick	City of Park City (09-07-1605P)	January 4, 2010; January 11, 2010; Wichita Eagle	The Honorable Emil Bergquist, Mayor, City of Park City, 6110 North Hydraulic Street, Park City, KS 67219	May 11, 2010	200963
Sedgwick	Unincorporated areas of Sedgwick County (09-07-1605P)	January 4, 2010; January 11, 2010; Wichita Eagle	The Honorable Kelly Parks, Chairman, Sedgwick County Board of Commissioners, 525 North Main Street, Suite 320, Wichita, KS 67203	May 11, 2010	200321
Louisiana: Caddo	City of Shreveport (09-06-2855P)	January 4, 2010; January 11, 2010; The Times	The Honorable Cedric Glover, Mayor, City of Shreveport, 505 Travis Street, Shreveport, LA 71101	May 11, 2010	220036
Ohio:
Lucas	City of Toledo (09-05-5298P)	January 6, 2010; January 13, 2010; Toledo Blade	The Honorable Carleton S. Finkbeiner, Mayor, City of Toledo, 1 Government Center, 640 Jackson, Suite 2200, Toledo, OH 43604	December 29, 2009	395373
Miami	City of Troy (09-05-3442P)	December 14, 2009; December 21, 2009; Troy Daily News	The Honorable Michael Beamish, Mayor, City of Troy, 100 South Market Street, Troy, OH 45373	December 30, 2009	390402
Montgomery	City of Moraine (08-05-1380P)	December 9, 2009; December 16, 2009; Dayton Daily News	The Honorable Roger Mathney, Mayor, City of Moraine, 4200 Dryden Road, Moraine, OH 45439	April 15, 2010	390414
Montgomery	City of West Carrollton (08-05-1380P)	December 9, 2009; December 16, 2009; Dayton Daily News	The Honorable Jeffery W. Sanner, Mayor, City of West Carrollton, 300 East Central Avenue, West Carrollton, OH 45449	April 15, 2010	390419
Oklahoma:
Tulsa	City of Glenpool (09-06-0482P)	January 7, 2010; January 14, 2010; Tulsa Daily Commerce & Legal News	The Honorable Shayne Buchanan, Mayor, City of Glenpool, P.O. Box 70, Glenpool, OK 74033	December 30, 2009	400208
Tulsa	Unincorporated areas of Tulsa County (09-06-0482P)	January 7, 2010; January 14, 2010; Tulsa Daily Commerce & Legal News	The Honorable Karen Keith, Tulsa County Board of Commissioners, 500 South Denver Avenue, Tulsa, OK 74103	December 30, 2009	400462
Pennsylvania:
Chester	Borough of West Chester (09-03-1120P)	January 4, 2010; January 11, 2010; Daily Local News	The Honorable Dick B. Yoder, Mayor, Borough of West Chester, 401 East Gay Street, West Chester, PA 19380	December 24, 2009	420292
Northampton	City of Bethlehem (09-03-1764P)	December 31, 2009; January 7, 2010; Express-Times	The Honorable John B. Callahan, Mayor, City of Bethlehem, 10 East Church Street, Bethlehem, PA 18018	December 22, 2009	420718
Tennessee: Wilson	City of Lebanon (10-04-0682P)	January 8, 2010; January 15, 2010; Lebanon Democrat	The Honorable Philip Craighead, Mayor, City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087	May 17, 2010	470208
Texas:
Brazoria	City of Angleton (08-06-2457P)	June 8, 2009; June 15, 2009; The Facts	The Honorable J. Patrick Henry, Mayor, City of Angleton, 121 South Velasco Street, Angleton, TX 77515	October 13, 2009	480064
Collin	City of Frisco (09-06-2567P)	January 8, 2010; January 15, 2010; Frisco Enterprise	The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034	May 17, 2010	480134
Denton	City of Lewisville (09-06-0314P)	December 30, 2009; January 6, 2010; Lewisville Leader	The Honorable Dean Ueckert, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, TX 75029	May 6, 2010	480195
Lubbock	City of Lubbock (08-06-2706P)	January 4, 2010; January 11, 2010; Lubbock Avalanche-Journal	The Honorable Tom Martin, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457	May 11, 2010	480452
Travis	City of Austin (09-06-2275P)	January 8, 2010; January 15, 2010; Austin American Statesman	The Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	May 17, 2010	480624
Virginia: City of Newport News	City of Newport News (09-03-1019P)	December 24, 2009; December 31, 2009; Daily Press	The Honorable Joe S. Frank, Mayor, City of Newport News, 2400 Washington Avenue, Newport News, VA 23607	April 30, 2010	510103
Wyoming:
Campbell	Unincorporated areas of Campbell County (09-08-0286P)	January 4, 2010; January 11, 2010; The News-Record	The Honorable Dan Coolidge, Chairman, Campbell County Board of Commissioners, 901 Fairway Drive, Gillette, WY 82718	May 11, 2010	560081
Campbell	City of Gillette (09-08-0286P)	January 4, 2010; January 11, 2010; The News-Record	The Honorable Duane Evenson, Mayor, City of Gillette, 1411 West 4th Street, Gillette, WY 82716	May 11, 2010	560007

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

Dated: April 30, 2010.

Sandra K. Knight,

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