2010-10340. 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:
Maricopa	Town of Buckeye (09-09-0764P)	November 19, 2009; November 26, 2009; Arizona Business Gazette	The Honorable Jackie A. Meck, Mayor, Town of Buckeye, 530 East Monroe Avenue, Buckeye, AZ 85326	March 26, 2010	040039
Maricopa	Unincorporated areas of Maricopa County (09-09-0764P)	November 19, 2009; November 26, 2009; Arizona Business Gazette	The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	March 26, 2010	040037
California:
San Diego	Unincorporated areas of San Diego (09-09-1604P)	November 20, 2009; November 27, 2009; San Diego Transcript	The Honorable Dianne Jacob, Chairwoman, San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101	March 29, 2010	060284
Santa Clara	City of Santa Clara (09-09-0375P)	October 21, 2009; October 28, 2009; Santa Clara Weekly	The Honorable Patricia M. Mahan, Mayor, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, CA 95050	February 25, 2010	060350
Colorado:
Douglas	Unincorporated areas of Douglas County (09-08-0908P)	November 12, 2009; November 19, 2009; Douglas County News-Press	The Honorable Melanie Worley, Chairman, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104	March 19, 2010	080049
Grand	Town of Fraser (10-08-0009P)	November 19, 2009; November 26, 2009; Middle Park Times	The Honorable Fran Cook, Mayor, Town of Fraser, P.O. Box 370, Fraser, CO 80442	March 26, 2010	080073
Grand	Unincorporated areas of Grand County (10-08-0009P)	November 19, 2009; November 26, 2009; Middle Park Times	The Honorable Gary Bumgarner, Chairman, Grand County Board of Commissioners, P.O. Box 264, Hot Sulphur Springs, CO 80451	March 26, 2010	080280
Teller	Unincorporated areas of Teller County (09-08-0500P)	November 4, 2009; November 11, 2009; Pikes Peak Courier View	The Honorable James Ignatius, Chairman, Teller County Board of Commissioners, P.O. Box 959, Cripple Creek, CO 80813	March 11, 2010	080173
Teller	City of Woodland Park (09-08-0500P)	November 4, 2009; November 11, 2009; Pikes Peak Courier View	The Honorable Steve Randolph, Mayor, City of Woodland Park, 220 West South Avenue, Woodland Park, CO 80866	March 11, 2010	080175
Illinois:
Will	Village of Plainfield (08-05-4590P)	November 30, 2009; December 7, 2009; Herald News	The Honorable Michael P. Collins, President, Village of Plainfield, 24401 West Lockport Street, Plainfield, IL 60544	December 21, 2009	170771
Will	Unincorporated areas of Will County (08-05-4590P)	November 30, 2009; December 7, 2009; Herald News	The Honorable Lawrence M. Walsh, Executive, Will County, 302 North Chicago Street, Joliet, IL 60432	December 21, 2009	170695
Louisiana: Livingston	Unincorporated areas of Livingston Parish (09-06-0692P)	November 10, 2009; November 17, 2009; The Advocate	The Honorable Mike Grimmer, President, Livingston Parish, P.O. Box 427, Livingston, LA 70754	March 17, 2010	220113
Minnesota: Anoka	City of Ramsey (09-05-4652P)	November 20, 2009; November 27, 2009; Anoka County Union	The Honorable Thomas G. Gamec, Mayor, City of Ramsey, 7550 Sunwood Drive Northwest, Ramsey, MN 55303	December 14, 2009	270681
Nevada: Lyon	Unincorporated areas of Lyon County (09-09-0238P)	November 25, 2009; December 2, 2009; Dayton Courier	The Honorable Phyllis Hunewill, Chair, Lyon County Board of Commissioners, 30 Desert Creek Road, Wellington, NV 89444	April 2, 2010	320029
South Dakota:
Lincoln	Unincorporated areas of Lincoln County (09-08-0747P)	November 5, 2009; November 12, 2009; Lennox Independent	The Honorable Dale L. Long, Chairman, Lincoln County Board of Commissioners, 27115 475th Avenue, Harrisburg, SD 57032	October 28, 2009	460277
Lincoln	Town of Tea (09-08-0747P)	November 5, 2009; November 12, 2009; Lennox Independent	The Honorable John Lawler, Mayor, Town of Tea, 600 East 1st Street, Tea, SD 57064	October 28, 2009	460143
Tennessee: Bradley	City of Cleveland (09-04-1322P)	November 30, 2009; December 7, 2009; Cleveland Daily Banner	The Honorable Tom Rowland, Mayor, City of Cleveland, P.O. Box 1519, Cleveland, TN 37311	April 6, 2010	470015
Texas:
Bell	City of Killeen (08-06-2994P)	October 13, 2009; October 20, 2009; Killeen Daily Herald	The Honorable Timothy L. Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540	October 30, 2009	480031
Lubbock	City of Lubbock (08-06-2723P)	November 16, 2009; November 23, 2009; Lubbock Avalanche-Journal	The Honorable Tom Martin, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457	March 23, 2010	480452
Virginia: Arlington	Unincorporated areas of Arlington County (09-03-1117P)	December 3, 2009; December 10, 2009; Sun-Gazette	The Honorable Barbara A. Favola, Chairperson, Arlington County Board, 2100 Clarendon Boulevard, Suite 813, Arlington, VA 22201	April 9, 2010	515500
Wisconsin: Milwaukee	Village of Hales Corners (09-05-4413P)	November 12, 2009; November 19, 2009; My Community Now	The Honorable Robert G. Ruesch, President, Village of Hales Corners, 5740 South 124th Street, Hales Corners, WI 53130	March 19, 2010	550524

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

Dated: April 27, 2010.

Sandra K. Knight,

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