2011-18619. 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:

Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, 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.
Delaware:
New Castle	Town of Odessa (11-03-0744P)	March 31, 2011; April 7, 2011; The Middletown Transcript	The Honorable Kathy Harvey, Mayor, Town of Odessa, P.O. Box 111, Odessa, DE 19730	August 5, 2011	100066
New Castle	Unincorporated areas of New Castle County (10-03-1927P)	January 7, 2011; January 14, 2011; The News Journal	The Honorable Paul G. Clark, New Castle County Executive, 87 Reads Way, New Castle, DE 19720	May 16, 2011	105085
New Mexico: Santa Fe	City of Santa Fe (10-06-2026P)	March 3, 2011; March 10, 2011; The Santa Fe New Mexican	The Honorable David Coss, Mayor, City of Santa Fe, 200 Lincoln Avenue, Santa Fe, NM 87504	February 24, 2011	350070
Oklahoma:
Cleveland	City of Norman (10-06-1004P)	October 6, 2010; October 13, 2010; The Norman Transcript	The Honorable Cindy S. Rosenthal, Mayor, City of Norman, 201 West Gray Street, Norman, OK 73069	September 29, 2010	400046
Kay	City of Ponca City (10-06-2643P)	March 14, 2011; March 21, 2011; The Ponca City News	The Honorable Homer Nicholson, Mayor, City of Ponca City, 516 East Grand Avenue, Ponca City, OK 74601	July 19, 2011	400080
Oklahoma	City of Oklahoma City (10-06-1884P)	March 30, 2011; April 6, 2011; The Journal Record	The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102	July 28, 2011	405378
Osage and Tulsa	Town of Skiatook (10-06-0568P)	February 23, 2011; March 2, 2011; The Skiatook Journal	The Honorable Steve Kendrick, Mayor, Town of Skiatook, P.O. Box 399, Skiatook, OK 74070	June 30, 2011	400212
Tulsa	Unincorporated areas of Tulsa County (10-06-1294P)	March 23, 2011; March 30, 2011; The Tulsa World	The Honorable Fred Perry, Chairman, Tulsa County Board of Commissioners, 500 South Denver Avenue West, Tulsa, OK 74103	April 18, 2011	400462
Pennsylvania:
Cumberland	Township of Upper Allen (10-03-1016P)	November 15, 2010; November 22, 2010; The Patriot-News	The Honorable James G. Cochran, President, Township of Upper Allen Board of Commissioners, 100 Gettysburg Pike, Mechanicsburg, PA 17055	March 22, 2011	420372
McKean	Borough of Port Allegany (10-03-1879P)	March 24, 2011; March 31, 2011; The Reporter Argus	The Honorable Donald G. Carley, Mayor, Borough of Port Allegany, 45 West Maple Street, Port Allegany, PA 16743	April 18, 2011	420671
McKean	Township of Liberty (10-03-1879P)	March 24, 2011; March 31, 2011; The Reporter Argus	The Honorable Gary L. Turner, Chairman, Township of Liberty Board of Supervisors, 21514 Route 6, Port Allegany, PA 16743	April 18, 2011	420668
Texas:
Bexar	City of San Antonio (09-06-3178P)	April 6, 2011; April 13, 2011; The Hart Beat	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	March 30, 2011	480045
Bexar	City of San Antonio (10-06-1080P)	February 11, 2011; February 18, 2011; The San Antonio Express-News	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	February 4, 2011	480045
Bexar	City of San Antonio (10-06-3684P)	April 6, 2011; April 13, 2011; The San Antonio Express-News	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	August 11, 2011	480045
Bexar	City of Selma (09-06-3178P)	April 6, 2011; April 13, 2011; The Hart Beat	The Honorable Tom Daly, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154	March 30, 2011	480046
Collin	City of Frisco (11-06-1691P)	April 1, 2011; April 8, 2011; The Frisco Enterprise	The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034	March 25, 2011	480134
Collin	City of Royse City (10-06-1217P)	September 22, 2010; September 29, 2010; The Royse City Herald Banner	The Honorable Jerrell Baley, Mayor, City of Royse City, P.O. Box 638, Royse City, TX 75189	January 27, 2011	480548
Collin	Unincorporated areas of Collin County (10-06-1217P)	September 22, 2010; September 29, 2010; The Dallas Morning News	The Honorable Keith Self, Collin County Judge, 2300 Bloomdale Road, Suite 4192, McKinney, TX 75071	January 27, 2011	480130
Dallas	City of Dallas (10-06-2771P)	March 28, 2011; April 4, 2011; The Dallas Morning News	The Honorable Dwaine Caraway, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201	April 20, 2011	480171
Dallas	City of Garland (10-06-1854P)	March 31, 2011; April 7, 2011; The Dallas Morning News	The Honorable Ronald E. Jones, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046	August 5, 2011	485471
Dallas	City of Richardson (10-06-3245P)	April 5, 2011; April 12, 2011; The Dallas Morning News	The Honorable Gary Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, TX 75083	August 10, 2011	480184
Dallas	City of Rowlett (10-06-1854P)	March 31, 2011; April 7, 2011; The Dallas Morning News	The Honorable John E. Harper, Mayor, City of Rowlett, 4000 Main Street, Rowlett, TX 75088	August 5, 2011	480185
Denton	City of Denton (11-06-0102P)	March 22, 2011; March 29, 2011; The Denton Record-Chronicle	The Honorable Mark Burroughs, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201	July 27, 2011	480194
Denton	Unincorporated areas of Denton County (10-06-3227P)	March 9, 2011; March 16, 2011; The Denton Record-Chronicle	The Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, 2nd Floor, Denton, TX 76201	July 14, 2011	480774
Fort Bend and Waller	City of Katy (10-06-2439P)	March 3, 2011; March 10, 2011; The Katy Times and The Waller County News Citizen	The Honorable Don Elder, Jr., Mayor, City of Katy, 901 Avenue C, Katy, TX 77493	July 8, 2011	480301
Guadalupe	City of Cibolo (10-06-3676P)	April 7, 2011; April 14, 2011; The Seguin Gazette	The Honorable Jennifer Hartman, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108	August 12, 2011	480267
Kaufman	City of Forney (10-06-1509P)	January 20, 2011; January 27, 2011; The Forney Messenger	The Honorable Darren Rozell, Mayor, City of Forney, P.O. Box 826, Forney, TX 75126	July 4, 2011	480410
Tarrant	City of Fort Worth (10-06-1954P)	October 5, 2010; October 12, 2010; The Fort Worth Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	February 9, 2011	480596
Tarrant	City of North Richland Hills (10-06-1292P)	November 5, 2010; November 12, 2010; The Fort Worth Star-Telegram	The Honorable Oscar Trevino, Mayor, City of North Richland Hills, P.O. Box 820609, Richland Hills, TX 76182	February 28, 2011	480607
Tarrant	City of North Richland Hills (10-06-1455P)	September 3, 2010; September 10, 2010; The Fort Worth Star-Telegram	The Honorable Oscar Trevino, Mayor, City of North Richland Hills, P.O. Box 820609, Richland Hills, TX 76182	August 26, 2010	480607
Travis	City of Austin (10-06-1285P)	December 30, 2010; January 6, 2011; The Austin American-Statesman	The Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	December 23, 2010	480624
Travis	City of Austin (10-06-2352P)	April 6, 2011; April 13, 2011; The Austin American-Statesman	The Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767	August 11, 2011	480624
Waller	Unincorporated areas of Waller County (10-06-2439P)	March 3, 2011; March 10, 2011; The Katy Times and The Waller County News Citizen	The Honorable Glenn Beckendorff, Waller County Judge, 836 Austin Street, Suite 203, Hempstead, TX 77445	July 8, 2011	480640
Williamson	City of Cedar Park (10-06-2438P)	November 11, 2010; November 18, 2010; The Hill Country News	The Honorable Bob Lemon, Mayor, City of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613	March 18, 2011	481282
Williamson	City of Leander (09-06-3213P)	January 27, 2011; February 3, 2011; The Leander Ledger	The Honorable John Cowman, Mayor, City of Leander, P.O. Box 319, Leander, TX 78646	June 3, 2011	481536
Virginia: Frederick	Unincorporated areas of Frederick County (11-03-0191P)	December 28, 2010; January 4, 2011; The Winchester Star	The Honorable Richard C. Shickle, Chairman, Frederick County Board of Supervisors, 292 Green Spring Road, Winchester, VA 22603	May 4, 2011	510063

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

Dated: July 8, 2011.

Sandra K. Knight,

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