2011-20396. 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]

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.
Connecticut: Hartford	City of Hartford (10-01-1797P)	February 16, 2011; February 23, 2011; The Hartford Courant	The Honorable Pedro E. Segarra, Mayor, City of Hartford, 550 Main Street, 2nd Floor, Room 200, Hartford, CT 06103	June 23, 2011	095080
Illinois:
Adams	City of Quincy, (11-05-0757P)	February 7, 2011; February 14, 2011; The Quincy Herald-Whig	The Honorable John A. Spring, Mayor, City of Quincy, City Hall, 730 Maine Street, Quincy, IL 62301	June 15, 2011	170003
Adams	Unincorporated areas of Adams County, (11-05-0757P)	February 7, 2011; February 14, 2011; The Quincy Herald-Whig	The Honorable Mike Mclaughlin, Chairman, Adams County Board, Adams County Courthouse, 507 Vermont Street, Quincy, IL 62301	June 15, 2011	170001
Kansas: Rice	City of Sterling, (11-07-0838P)	April 14, 2011; April 21, 2011; The Sterling Kansas Bulletin	The Honorable Todd Rowland, Mayor, City of Sterling, 114 North Broadway, P.O. Box 287, Sterling, KS 67579	August 19, 2011	200297
Massachusetts: Essex	City of Salem, (10-01-0551P)	February 10, 2011; February 17, 2011; The Salem Evening News	The Honorable Kimberley Driscoll, Mayor, City of Salem, City Hall, 93 Washington Street, Salem, MA 01970	January 26, 2011	250102
Missouri:
Greene	City of Springfield, (10-07-2268P)	April 7, 2011; April 14, 2011; The Springfield News-Leader	The Honorable James O'Neal, Mayor, City of Springfield, P.O. Box 8368, 840 Boonville Avenue, Springfield, MO 65801	August 12, 2011	290149
Cass	City of Harrisonville, (10-07-2115P)	April 15, 2011; April 22, 2011; The Cass County Democrat, Missourian	The Honorable Kevin Wood, Mayor, City of Harrisonville, 300 East Pearl Street, P.O. Box 367, Harrisonville, MO 64701	August 22, 2011	290068
Nebraska: Lancaster	City of Lincoln, (11-07-1426P)	April 14, 2011; April 21, 2011; The Lincoln Journal Star	The Honorable Chris Beutler, Mayor, City of Lincoln, 555 South 10th Street, Suite 301, Lincoln, NE 68508	March 30, 2011	315273
North Carolina:
Union	Unincorporated areas of Union County, (11-04-1541P)	June 2, 2011; June 9, 2011; The Charlotte Observer and, The Enquirer-Journal	Ms. Cynthia Coto, Union County Manager, Union County Government Center, 500 North Main Street, Room 918, Monroe, NC 28112	October 7, 2011	370234
Union	Village of Marvin, (11-04-1541P)	June 2, 2011; June 9, 2011; The Charlotte Observer and, The Enquirer-Journal	The Honorable Nick Dispenziere, Mayor, Village of Marvin, 10004 New Town Road, Marvin, NC 28173	October 7, 2011	370514
Ohio:
Franklin	Unincorporated areas of Franklin County, (11-05-3271P)	May 16, 2011; May 23, 2011; The Daily Reporter	Ms. Marilyn Brown, President, Franklin County, 373 South High Street, 26th Floor, Columbus, OH 43215	May 2, 2011	390167
Franklin	City of Columbus, (11-05-3271P)	May 16, 2011; May 23, 2011; The Daily Reporter	The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Board Street, City Hall, 2nd Floor, Columbus, OH 43215	May 2, 2011	390170
Montgomery	City of Kettering, (10-05-4843P)	February 10, 2011; February 17, 2011; The Dayton Daily News	The Honorable Don Patterson, Mayor, City of Kettering, 3600 Shroyer Road, Kettering, OH 45429	June 17, 2011	390412
Butler	City of Monroe, (11-05-2538P)	March 10, 2011; March 17, 2011; The Middletown Journal	The Honorable Robert E. Routson, Mayor, City of Monroe, 233 South Main Street, P.O. Box 330, Monroe, OH 45050	March 1, 2011	390042
Warren	Unincorporated areas of Warren County, (11-05-2538P)	March 10, 2011; March 17, 2011; The Middletown Journal	Mr. David G. Young, Warren County Commissioner, 406 Justice Drive, 1st Floor, Lebanon, OH 45036	March 1, 2011	390757
Washington:
Pierce	City of Sumner, (10-10-0620P)	April 11, 2011; April 18, 2011; The News Tribune	The Honorable Dave Enslow, Mayor, City of Sumner, City Hall, 1104 Maple Street, Sumner, WA 98390	August 16, 2011	530147
King	Unincorporated areas of King County, (10-10-0977P)	May 5, 2011; May 12, 2011; The Seattle Times	Mr. Dow Constantine, King County Executive, 401 5th Avenue, Suite 800, Seattle, WA 98104	April 25, 2011	530071
King	City of Burien, (10-10-0977P)	May 5, 2011; May 12, 2011; The Seattle Times	The Honorable Joan McGilton, Mayor, City of Burien, 400 Southwest 152nd Street, Suite 300, Burien, WA 98166	April 25, 2011	530321
Wisconsin:
Dane	Unincorporated areas of Dane County, (10-05-5471P)	March 3, 2011; March 10, 2011; The News-Sickle-Arrow	Ms. Kathleen Falk, Dane County Executive, County Building, Room 421, 210 Martin Luther King Jr. Boulevard, Madison, WI 53703	July 8, 2011	550077
Dane	Village of Cross Plains, (10-05-5471P)	March 3, 2011; March 10, 2011; The News-Sickle-Arrow	Mr. Mike Schutz, President, Village of Cross Plains, 2417 Brewery Road, Cross Plains, WI 53528	July 8, 2011	550081
Brown	Village of Pulaski, (10-05-6098P)	February 24, 2011; March 3, 2011; The Greenbay Press Gazette	Mr. Keith Chambers, President, Village of Pulaski, 421 South Saint Augustine Street, Pulaski, WI 54162	July 5, 2011	550024
Brown	Unincorporated areas of Brown County, (10-05-6098P)	February 24, 2011; March 3, 2011; The Greenbay Press Gazette	The Honorable Guy Zima, Chairman, Brown County Board, 305 East Walnut Street, Green Bay, WI 54301	July 5, 2011	550020
Fond du Lac	Unincorporated areas of Fond du Lac County, (10-05-4703P)	May 16, 2011; May 23, 2011; The Reporter	Mr. Allen J. Buechel, Fond du Lac County Executive, 160 South Macy Street, Fond du Lac, WI 54935	September 20, 2011	550131
Fond du Lac	Village of Rosendale, (10-05-4703P)	May 16, 2011; May 23, 2011; The Reporter	Mr. James Westphal, President, Village of Rosendale, 221 North Grant Street, Rosendale, WI 54974	September 20, 2011	550141
Sauk	Village of Lake Delton, (10-05-6994P)	March 30, 2011; April 6, 2011; The Wisconsin Dells Event	Mr. John Webb, President, Village of Lake Delton, 50 Wisconsin Dells Parkway South, P.O. Box 87, Lake Delton, WI 53940	August 4, 2011	550394
Milwaukee	City of Greenfield, (11-05-1089P)	April 14, 2011; April 21, 2011; The Greenfield Now	The Honorable Michael J. Neitzke, Mayor, City of Greenfield, 7325 West Forest Home Avenue, Greenfield, WI 53220	March 31, 2011	550277

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

Dated: July 29, 2011.

Sandra K. Knight,

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