2010-12485. 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: Madison	Unincorporated areas of Madison County, (09-04-6850P)	February 12, 2010; February 19, 2010; Madison County Record	The Honorable Mike Gillespie, Chairman, Madison County Commission, Courthouse 700, 100 Northside Square, Huntsville, AL 35801	June 21, 2010	010151
Arkansas: Crawford	City of Alma, (09-06-2913P)	February 10, 2010; February 17, 2010; Alma Journal	The Honorable John R. Ballentine, Mayor, City of Alma, 804 Fayetteville Avenue, Alma, AR 72921	January 28, 2010	050236
Colorado:
Arapahoe	City of Englewood, (10-08-0001P)	February 25, 2010; March 5, 2010; The Denver Post	The Honorable Jim Woodward, Mayor, City of Englewood, 1000 Englewood Parkway, Englewood, CO 80110	February 18, 2010	085074
Arapahoe	City of Sheridan, (10-08-0001P)	February 25, 2010; March 5, 2010; The Denver Post	The Honorable Dallas Hall, Mayor, City of Sheridan, 4101 South Federal Boulevard, Sheridan, CO 80110	February 18, 2010	080018
Eagle	Unincorporated areas of Eagle County, (09-08-0907P)	January 28, 2010; February 4, 2010; The Eagle Valley Enterprise	The Honorable Peter Runyon, Chairman, Eagle County Board of Commissioners, P.O. Box 850, Eagle, CO 81631	June 4, 2010	080051
Larimer	City of Fort Collins, (09-08-0465P)	February 8, 2010; February 15, 2010; Fort Collins Coloradoan	The Honorable Doug Hutchinson, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522	February 24, 2010	080102
Larimer	Unincorporated areas of Larimer County, (09-08-0465P)	February 8, 2010; February 15, 2010; Fort Collins Coloradoan	The Honorable Steve Johnson, Chair Pro Tem, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, CO 80522	February 24, 2010	080101
Florida:
Collier	City of Marco Island, (09-04-7821P)	February 19, 2010; February 26, 2010; Naples Daily News	Mr. Stephen T. Thompson, City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145	February 9, 2010	120426
Lee	City of Bonita Springs, (09-04-3113P)	February 10, 2010; February 17, 2010; Fort Myers News-Press	The Honorable Ben L. Nelson, Jr., Mayor, City of Bonita Springs, 9101 Bonita Beach Road, Bonita Springs, FL 34135	June 17, 2010	120680
Orange	Unincorporated areas of Orange County, (09-04-6911P)	January 28, 2010; February 4, 2010; Orlando Weekly	The Honorable Richard T. Crotty, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801	January 19, 2010	120179
Polk	Unincorporated areas of Polk County, (09-04-5686P)	February 10, 2010; February 17, 2010; The Polk County Democrat	The Honorable Bob English, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831	June 17, 2010	120261
Georgia: Douglas	Unincorporated areas of Douglas County, (09-04-6891P)	February 5, 2010; February 12, 2010; Douglas County Sentinel	The Honorable Tom Worthan, Chairman, Douglas County Board of Commissioners, 8700 Hospital Drive, Douglasville, GA 30134	June 14, 2010	130306
Kentucky: Lexington-Fayette Urban County Government	Lexington-Fayette Urban County Government, (09-04-2657P)	February 12, 2010; February 19, 2010; Lexington Herald-Leader	The Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County, Government, 200 East Main Street, Lexington, KY 40507	June 21, 2010	210067
Missouri:
Cass	City of Peculiar, (09-07-1059P)	February 11, 2010; February 18, 2010; The Journal	The Honorable Ernie Jungmeyer, Mayor, City of Peculiar, 908 Kendall Road, Peculiar, MO 64078	June 18, 2010	290878
Cass	Unincorporated areas of Cass County, (09-07-1059P)	February 11, 2010; February 18, 2010; The Journal	The Honorable Gary Mallory, Presiding Commissioner, Cass County Commission, 102 East Wall Street, Harrisonville, MO 64701	June 18, 2010	290783
New Mexico: Dona Ana	City of Las Cruces, (09-06-0638P)	February 5, 2010; February 12, 2010; Las Cruces Sun-News	The Honorable Ken Miyagishima, Mayor, City of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004	June 14, 2010	355332
North Carolina:
Cumberland	City of Fayetteville, (09-04-2351P)	February 5, 2010; February 12, 2010; Fayetteville Observer	The Honorable Anthony G. Chavonne, Mayor, City of Fayetteville, 433 Hay Street, Fayetteville, NC 28301	June 14, 2010	370077
Durham	City of Durham, (09-04-4161P)	February 5, 2010; February 12, 2010; The Herald-Sun	The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701	January 29, 2010	370086
Wake	Town of Cary, (09-04-4769P)	February 24, 2010; March 3, 2010; The Cary News and The News & Observer	The Honorable Harold Weinbrecht, Mayor, Town of Cary, P.O. Box 8005, Cary, NC 27512	July 1, 2010	370238
Wake	Town of Morrisville, (09-04-4769P)	February 24, 2010; March 3, 2010; The News & Observer	The Honorable Jan Faulkner, Mayor, Town of Morrisville, 100 Town Hall Drive, Morrisville, NC 27560	July 1, 2010	370242
Oregon: Linn	City of Millersburg, (09-10-0354P)	February 26, 2010; March 5, 2010; Democrat-Herald	The Honorable Clayton Wood, Mayor, City of Millersburg, 4222 Northeast Old Salem Road, Albany, OR 97321	July 2, 2010	410284
Pennsylvania: Chester	Township of West Whiteland, (09-03-1797P)	January 29, 2010; February 5, 2010; Daily Local News	The Honorable Diane Snyder, Chairman, West Whiteland Township Board of Supervisors, 101 Commerce Drive, Exton, PA 19341	January 21, 2010	420295
Tennessee:
Hamilton	City of Chattanooga, (09-04-3516P)	February 12, 2010; February 19, 2010; Chattanooga Times Free Press	The Honorable Ron Littlefield, Mayor, City of Chattanooga, 101 East 11th Street, Chattanooga, TN 37402	January 29, 2010	470072
Maury	City of Spring Hill, (09-04-2487P)	January 29, 2010, February 5, 2010, The Daily Herald	The Honorable Michael Dinwiddie, Mayor, City of Spring Hill, P.O. Box 789, Spring Hill, TN 37174	February 19, 2010	470278
Texas:
Denton	City of Fort Worth, (09-06-2866P)	December 14, 2009; December 21, 2009; Fort Worth Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	April 20, 2010	480596
Tarrant	City of North Richland Hills, (09-06-0903P)	December 14, 2009; December 21, 2009; Star-Telegram	The Honorable T. Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180	December 30, 2009	480607
Utah: Weber	City of Ogden, (09-08-0583P)	February 12, 2010; February 19, 2010; Standard-Examiner	The Honorable Matthew R. Godfrey, Mayor, City of Ogden, 2549 Washington Boulevard, Suite 910, Ogden, UT 84401	June 21, 2010	490189
Washington:
King	City of Snoqualmie, (08-10-0665P)	February 5, 2010; February 12, 2010; The Seattle Times	The Honorable Matt Larson, Mayor, City of Snoqualmie, P.O. Box 987, Snoqualmie, WA 98065	February 26, 2010	530090
King	Unincorporated areas of King County, (08-10-0665P)	February 5, 2010; February 12, 2010; The Seattle Times	The Honorable Dow Constantine, Chairman, King County Board of Commissioners, 516 3rd Avenue, Room 1200, Seattle, WA 98104	February 26, 2010	530071
Wisconsin: Waukesha	Village of Elm Grove, (09-05-5085P)	January 14, 2010; January 21, 2010; Waukesha Freeman	The Honorable Neil Palmer, President, Village of Elm Grove, 13600 Juneau Boulevard, Elm Grove, WI 53122	February 5, 2010	550578
Wyoming: Natrona	City of Casper, (08-08-0742P)	February 11, 2010; February 18, 2010; Casper Star-Tribune	The Honorable Kenyne Schlager, Mayor, City of Casper, 200 North David Street, Casper, WY 82601	June 18, 2010	560037

(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.