2010-12477. 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.
Arizona:
Pima	Town of Oro Valley (08-09-1800P)	December 11, 2009, December 18, 2009, Daily Territorial	The Honorable Paul H. Loomis, Mayor, Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, AZ 85737	April 19, 2010	040109
Pima	City of Tucson (09-09-0492P)	December 9, 2009, December 16, 2009, Arizona Daily Star	The Honorable Bob Walkup, Mayor, City of Tucson, P.O. Box 27210, Tucson, AZ 85726	April 15, 2010	040076
Arkansas:
St. Francis	City of Forrest City (09-06-1699P)	December 9, 2009, December 16, 2009, Forrest City Times-Herald	The Honorable Gordon McCoy, Mayor, City of Forrest City, 224 North Rosser Street, Forrest City, AR 72335	April 15, 2010	050187
St. Francis	Unincorporated areas of St. Francis County (09-06-1699P)	December 9, 2009, December 16, 2009, Forrest City Times-Herald	The Honorable Gary Hughes, Judge, St. Francis County, 313 South Izard Street, Forrest City, AR 72335	April 15, 2010	050184
California: Contra Costa	City of Concord (09-09-1576P)	December 4, 2009, December 11, 2009, Contra Costa Times	The Honorable Laura M. Hoffmeister, Mayor, City of Concord, 1950 Parkside Drive, MS/01, Concord, CA 94519	April 12, 2010	065022
Colorado: El Paso	City of Colorado Springs (09-08-0730P)	December 23, 2009, December 30, 2009, The Gazette	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	April 29, 2010	080060
Florida: Sarasota	City of Sarasota (09-04-6869P)	December 9, 2009, December 16, 2009, Sarasota Herald-Tribune	The Honorable Richard Clapp, Mayor, City of Sarasota, 1565 1st Street, Room 101, Sarasota, FL 34236	April 15, 2010	125150
Idaho:
Canyon	Unincorporated areas of Canyon County (09-10-0166P)	December 3, 2009, December 10, 2009, Idaho Press-Tribune	The Honorable Kathryn Alder, Chairperson, Canyon County Board of Commissioners, 1115 Albany Street, Caldwell, ID 83605	December 29, 2009	160208
Canyon	City of Nampa (09-10-0166P)	December 3, 2009, December 10, 2009, Idaho Press-Tribune	The Honorable Tom Dale, Mayor, City of Nampa, 411 3rd Street South, Nampa, ID 83651	December 29, 2009	160038
Ohio:
Lucas	Unincorporated areas of Lucas County (09-05-4565P)	December 2, 2009, December 9, 2009, Toledo Blade	The Honorable Pete Gerken, Chairman, Lucas County Board of Commissioners, 1 Government Center, Suite 800, Toledo, OH 43604	November 20, 2009	390359
Lucas	City of Toledo (09-05-4565P)	December 2, 2009, December 9, 2009, Toledo Blade	The Honorable Carleton S. Finkbeiner, Mayor, City of Toledo, 1 Government Center, 640 Jackson Street, Suite 2200, Toledo, OH 43604	November 20, 2009	395373
South Carolina: York	Unincorporated areas of York County (09-04-4239P)	December 3, 2009, December 10, 2009, The Herald	The Honorable Houston O. “Buddy” Motz, Chairman, York County Council, 2047 Poinsett Drive, Rock Hill, SC 29732	November 20, 2009	450193
Texas:
Dallas	Unincorporated areas of Dallas County (09-06-2480P)	December 4, 2009, December 11, 2009, Dallas Morning News	The Honorable Jim Foster, Dallas County Judge, 411 Elm Street, Suite 210, Dallas, TX 75202	December 21, 2009	480165
Dallas	City of Wilmer (09-06-2480P)	December 4, 2009, December 11, 2009, Dallas Morning News	The Honorable Jeffery Steele, Mayor, City of Wilmer, 128 North Dallas Avenue, Wilmer, TX 75172	December 21, 2009	480190
Fort Bend	City of Sugar Land (10-06-0050P)	November 26, 2009, December 3, 2009, Fort Bend Sun	The Honorable James A. Thompson, Mayor, City of Sugar Land, P.O. Box 110, Sugar Land, TX 77487	April 2, 2010	480234
Fort Bend	First Colony L.I.D. (10-06-0050P)	November 26, 2009, December 3, 2009, Fort Bend Sun	Mr. Gary Knapp, Board president, First Colony L.I.D., c/o Allen Boone Humphries Robinson, LLP, 3200 Southwest Freeway, Suite 2600, Houston, TX 77027	April 2, 2010	481583
Fort Bend	Unincorporated areas of Fort Bend County (10-06-0050P)	November 26, 2009, December 3, 2009, Fort Bend Sun	The Honorable Robert E. Hebert, PhD, Fort Bend County Judge, 301 Jackson Street, Richmond, TX 77469	April 2, 2010	480228
Fort Bend	Unincorporated areas of Fort Bend County (09-06-0987P)	December 3, 2009, December 10, 2009, Fort Bend Sun	The Honorable Robert E. Hebert, Ph.D., Fort Bend County Judge, 301 Jackson Street, Richmond, TX 77469	April 9, 2010	480228
Fort Bend	City of Missouri City, (09-06-0987P)	December 3, 2009, December 10, 2009, Fort Bend Sun	The Honorable Allen Owen, Mayor, City of Missouri City, 1522 Texas Parkway, Missouri, TX 77489	April 9, 2009	480304
Harris	City of Pasadena (09-06-2867P)	December 2, 2009, December 9, 2009, Pasadena Citizen	The Honorable John Isbell, Mayor, City of Pasadena, 1211 Southmore Avenue, Pasadena, TX 77502	November 30, 2009	480307
Utah: Washington	City of St. George (09-08-0868P)	December 4, 2009, December 11, 2009, The Spectrum	The Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St. George, UT 84770	April 12, 2010	490177

(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.