2010-15229. 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 Marana (09-09-0233P)	April 29, 2010; May 6, 2010; The Daily Territorial	The Honorable Ed Honea, Mayor, Town of Marana, 11555 West Civic Center Drive, Marana, AZ 85653	September 3, 2010	040118
Pima	Unincorporated areas of Pima County (09-09-0233P)	April 29, 2010; May 6, 2010; The Daily Territorial	The Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, AZ 85701	September 3, 2010	040073
Pima	Unincorporated areas of Pima County (09-09-2406P)	May 7, 2010; May 14, 2010; The Daily Territorial	The Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, AZ 85701	September 13, 2010	040073
California: Amador	City of Ione (09-09-0177P)	May 7, 2010; May 14, 2010; Amador Leader-Dispatch	The Honorable Skip Schaufel, Mayor, City of Ione, 1 East Main Street, Ione, CA 95640	September 13, 2010	060016
Colorado: Adams and Jefferson	City of Westminster (10-08-0363P)	May 6, 2010; May 13, 2010; Westminster Window	The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031	September 10, 2010	080008
Connecticut: Hartford	Town of Windsor Locks (09-01-0574P)	November 13, 2009; November 20, 2009; Hartford Courant	The Honorable Steven N. Wawruck, Jr., First Selectman, Town of Windsor Locks, 50 Church Street, Windsor Locks, CT 06096	November 4, 2009	090042
Florida:
Lake	Unincorporated areas of Lake County (09-04-7272P)	May 6, 2010; May 13, 2010; Daily Commercial	The Honorable Jennifer Hill, Commissioner, District 1, P.O. Box 7800, Tavares, FL 32778	September 10, 2010	120421
Monroe	Unincorporated areas of Monroe County (10-04-1955P)	April 30, 2010; May 7, 2010; Key West Citizen	The Honorable Mario Digennaro, Commissioner, District 4, 9400 Overseas Highway, Suite 210, Marathon, FL 33050	April 28, 2010	125129
Monroe	Unincorporated areas of Monroe County (10-04-2350P)	April 30, 2010; May 7, 2010; Key West Citizen	The Honorable Mario Digennaro, Commissioner, District 4, 9400 Overseas Highway, Suite 210, Marathon, FL 33050	April 26, 2010	125129
St. Johns	Unincorporated areas of St. Johns County (09-04-2501P)	April 26, 2010; May 3, 2010; St. Augustine Record	Mr. Michael Wanchick, St. Johns County Administrator, 500 San Sebastian View, St. Augustine, FL 32084	August 31, 2010	125147
Volusia	City of DeLand (09-04-0784P)	November 9, 2009; November 16, 2009; The Beacon	The Honorable Robert F. Apgar, Mayor, City of DeLand, 120 South Florida Avenue, DeLand, FL 32720	March 16, 2010	120307
Volusia	Unincorporated areas of Volusia County (09-04-0784P)	November 9, 2009; November 16, 2009; The Beacon	The Honorable Frank Bruno, Chair, Volusia County Council, 123 West Indiana Avenue, DeLand, FL 32720	March 16, 2010	125155
Georgia: Gwinnett	City of Buford (09-04-5712P)	March 11, 2010; March 18, 2010; Gwinnett Daily Post	The Honorable Phillip Beard, Chairman, City of Buford Board of Commissioners, 2300 Buford Highway, Buford, GA 30518	March 29, 2010	130323
Massachusetts:
Barnstable	Town of Falmouth (09-01-1270P)	November 6, 2009; November 13, 2009; The Enterprise	Mr. Robert L. Whritenour, Jr., Manager, Town of Falmouth, 59 Town Hall Square, Falmouth, MA 02540	October 30, 2009	255211
Barnstable	Town of Falmouth (10-01-0479P)	January 8, 2010; January 15, 2010; The Enterprise	Mr. Robert L. Whritenour, Jr., Manager, Town of Falmouth, 59 Town Hall Square, Falmouth, MA 02540	December 31, 2009	255211
Missouri:
St. Louis	City of Chesterfield (09-07-1764P)	May 3, 2010; May 10, 2010; The Countian	The Honorable John Nations, Mayor, City of Chesterfield, 690 Chesterfield Parkway West, Chesterfield, MO 63017	September 7, 2010	290896
St. Louis	City of Clarkson Valley (09-07-1764P)	May 3, 2010; May 10, 2010; The Countian	The Honorable Scott Douglass, Mayor, City of Clarkson Valley, P.O. Box 987, Chesterfield, MO 63006	September 7, 2010	290340
St. Louis	City of Wildwood (09-07-1764P)	May 3, 2010; May 10, 2010; The Countian	The Honorable Tim Woerther, Mayor, City of Wildwood, 183 Plaza Drive, Wildwood, MO 63040	September 7, 2010	290922
Nevada: Douglas	Unincorporated areas of Douglas County (09-09-2705P)	April 30, 2010; May 7, 2010; The Record-Courier	The Honorable Michael A. Olson, Chairman, Douglas County Board of Commissioners, 3605 Silverado Drive, Carson City, NV 89705	September 7, 2010	320008
Ohio:
Warren	City of Mason (08-05-5005P)	March 11, 2010; March 18, 2010; The Western Star	The Honorable Charlene Pelfrey, Mayor, City of Mason, 6000 Mason-Montgomery Road, Mason, OH 45040	July 16, 2010	390559
Warren	Unincorporated areas of Warren County (08-05-5005P)	March 11, 2010; March 18, 2010; The Western Star	The Honorable David G. Young, President, Warren County Board of Commissioners, 406 Justice Drive, 1st Floor, Lebanon, OH 45036	July 16, 2010	390757
Oklahoma: Oklahoma	City of Del City (09-06-1014P)	May 6, 2010; May 13, 2010; The Oklahoman	The Honorable Brian Linley, Mayor, City of Del City, P.O. Box 15177, Del City, OK 73155	September 10, 2010	400233
Texas:
Tarrant	City of Benbrook (09-06-1461P)	February 9, 2010; February 16, 2010; Star-Telegram	The Honorable Jerry Dittrich, Mayor, City of Benbrook, P.O. Box 26569, Benbrook, TX 76126	June 16, 2010	480586
Tarrant	City of Benbrook (09-06-3139P)	April 9, 2010; April 16, 2010; Star-Telegram	Mr. Andy Wayman, City Manager, City of Benbrook, 911 Winscott Road, Benbrook, TX 76126	April 1, 2010	480586
Tarrant	City of Blue Mound (09-06-1669P)	January 29, 2010; February 5, 2010; Star-Telegram	The Honorable Alan Hooks, Mayor, City of Blue Mound, 301 South Blue Mound Road, Blue Mound, TX 76131	June 7, 2010	480587
Tarrant	City of Colleyville (09-06-2624P)	November 18, 2009; November 25, 2009; Colleyville Courier	The Honorable David Kelly, Mayor, City of Colleyville, 100 Main Street, Colleyville, TX 76034	November 5, 2009	480590
Tarrant	City of Fort Worth (09-06-1461P)	February 9, 2010; February 16, 2010; Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	June 16, 2010	480596
Tarrant	City of Fort Worth (09-06-1669P)	January 29, 2010; February 5, 2010; Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	June 7, 2010	480596
Tarrant	City of Grapevine (09-06-2624P)	November 18, 2009; November 25, 2009; Grapevine Courier	The Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099	November 5, 2009	480598
Tarrant	City of Keller (10-06-0163P)	April 9, 2010; April 16, 2010; Star-Telegram	The Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244	May 1, 2010	480602

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

Dated: June 11, 2010.

Sandra K. Knight,

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