2011-20865. 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.
Alabama:
Baldwin	City of Gulf Shores (11-04-1670P)	June 10, 2011; June 17, 2011; The Islander	The Honorable Robert S. Craft Mayor, City of Gulf Shores P.O. Box 299 Gulf Shores, AL 36547	June 6, 2011	015005
Baldwin	City of Orange Beach (11-04-4328P)	June 22, 2011; June 29, 2011; The Islander	The Honorable Tony Kennon Mayor, City of Orange Beach 4099 Orange Beach Boulevard, Orange Beach, AL 36561	June 14, 2011	015011
Madison	City of Huntsville (10-04-7544P)	June 30, 2011; July 7, 2011; The Huntsville Times	The Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, P.O. Box 308, Huntsville, AL 35801	November 4, 2011	010153
Madison	City of Huntsville (10-04-7862P)	June 22, 2011; June 29, 2011; The Huntsville Times	The Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, P.O. Box 308, Huntsville, AL 35801	October 27, 2011	010153
Madison	City of Madison (10-04-7544P)	June 30, 2011; July 7, 2011; The Huntsville Times	The Honorable Paul Finley, Mayor, City of Madison, 100 Hughes Road, Madison, AL 35758	November 4, 2011	010308
California: Fresno	Unincorporated areas of Fresno County (10-09-3948P)	June 8, 2011; June 15, 2011; The Fresno Bee	The Honorable Phil Larson, Chairman, Fresno County Board of Supervisors, 2281 Tulare Street, Room 300, Fresno, CA 93721	October 13, 2011	065029
Florida:
Bay	City of Panama City (11-04-5514P)	June 16, 2011; June 23, 2011; The News Herald	The Honorable Gregory Brudnicki, Mayor, City of Panama City, 9 Harrison Avenue, Panama City, FL 32401	June 9, 2011	120012
Orange	Unincorporated areas of Orange County (11-04-2514P)	April 7, 2011; April 14, 2011; The Orlando Weekly	The Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801	August 12, 2011	120179
Sarasota	City of Sarasota (11-04-4005P)	June 16, 2011; June 23, 2011; The Sarasota Herald-Tribune	The Honorable Suzanne Atwell, Mayor, City of Sarasota, 1565 1st Street, Room 101, Sarasota, FL 34236	June 9, 2011	125150
Georgia: Muscogee	City of Columbus-Muscogee County (Consolidated Government) (11-04-4624P)	June 8, 2011; June 15, 2011; The Columbus Ledger-Enquirer	The Honorable Teresa Tomlinson, Mayor, City of Columbus-Muscogee County Consolidated Government, 100 10th Street, Columbus, GA 31901	May 31, 2011	135158
Illinois:
Will	Unincorporated areas of Will County (11-05-1594X)	June 23, 2011; June 30, 2011; The Mokena Messenger	Mr. Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432	October 28, 2011	170695
Will	Village of Mokena (11-05-1594X)	June 23, 2011; June 30, 2011; The Mokena Messenger	The Honorable Joseph W. Werner, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448	October 28, 2011	170705
Kansas:
Johnson	City of Lenexa (11-07-1137P)	June 1, 2011; June 8, 2011; The Shawnee Dispatch	The Honorable Michael Boehm, Mayor, City of Lenexa, P.O. Box 14888, Lenexa, KS 66285	October 6, 2011	200168
Johnson	City of Shawnee (11-07-1137P)	June 1, 2011; June 8, 2011; The Shawnee Dispatch	The Honorable Jeff Meyers, Mayor, City of Shawnee, 11110 Johnson Drive, Shawnee, KS 66203	October 6, 2011	200177
Kentucky: Fayette	Lexington-Fayette Urban County Government (11-04-0368P)	June 22, 2011; June 29, 2011; The Lexington Herald-Leader	The Honorable Jim Gray, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507	October 27, 2011	210067
Michigan:
Macomb	City of St. Clair Shores (11-05-5445P)	July 6, 2011; July 13, 2011; The St. Clair Shores Sentinel	The Honorable Robert A. Hison, Mayor, City of St. Clair Shores, 27600 Jefferson Circle Drive, St. Clair Shores, MI 48081	June 22, 2011	260127
Shiawassee	Charter Township of Owosso (11-05-0616P)	June 3, 2011; June 10, 2011; The Argus Press	Mr. Danny C. Miller, Supervisor, Owosso Charter Township, 2998 West M-2, P.O. Box 400, Owosso, MI 48867	October 11, 2011	260809
Shiawassee	City of Owosso (11-05-0616P)	June 3, 2011; June 10, 2011; The Argus Press	The Honorable Benjamin Frederick, Mayor, City of Owosso, 301 West Main Street, Owosso, MI 48867	October 11, 2011	260596
Nevada: Clark	City of Las Vegas (11-09-1593P)	June 23, 2011; June 30, 2011; The Las Vegas Review-Journal	The Honorable Oscar B. Goodman, Mayor, City of Las Vegas, 400 Stewart Avenue, Las Vegas, NV 89101	June 16, 2011	325276
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
Wake	Town of Holly Springs (09-04-6226P)	May 27, 2011; June 3, 2011; The News & Observer	The Honorable Richard G. “Dick” Sears, Mayor, Town of Holly Springs, 128 South Main Street, Holly Springs, NC 27540	October 3, 2011	370403
Wake	Unincorporated areas of Wake County (09-04-6226P)	May 27, 2011; June 3, 2011; The News & Observer	Mr. David Cooke, Wake County Manager, 337 South Salisbury Street, Suite 1100, Raleigh, NC 27602	October 3, 2011	370368
Ohio:
Clinton	Unincorporated areas of Clinton County (10-05-7060P)	June 2, 2011; June 9, 2011; The Wilmington News Journal	Mr. Randy Riley, Clinton County Commissioners Board Member, 46 South South Street, 2nd Floor, Courthouse, Wilmington, OH 45177	October 7, 2011	390764
Clinton	Village of Sabina (10-05-7060P)	June 2, 2011; June 9, 2011; The Wilmington News Journal	The Honorable Dean Carnahan, Mayor, Village of Sabina, 99 North Howard Street, Sabina, OH 45169	October 7, 2011	390627
Lake	Unincorporated areas of Lake County (10-05-5769P)	June 14, 2011; June 21, 2011; The News-Herald	Mr. Raymond E. Sines, President, Lake County Board of Commissioners, 105 Main Street, Painesville, OH 44077	July 1, 2011	390771
Oregon: Linn	City of Millersburg (11-10-0824P)	June 6, 2011; June 13, 2011; The Democrat Herald	The Honorable Clayton Wood, Mayor, City of Millersburg, 4222 Northeast Old Salem Road, Albany, OR 97321	October 12, 2011	410284
South Carolina:
Lexington	City of Columbia (11-04-3465P)	May 5, 2011; May 12, 2011; The Lexington County Chronicle	The Honorable Steve Benjamin, Mayor, City of Columbia, P.O. Box 147, 1737 Main Street, Columbia, SC 29201	June 13, 2011	450172
Lexington	Unincorporated areas of Lexington County (11-04-3465P)	May 5, 2011;May 12, 2011; The Lexington County Chronicle	The Honorable James E. Kinard, Jr., Chairman, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072	June 13, 2011	450129
Richland	Unincorporated areas of Richland County (11-04-1879P)	May 6, 2011; May 13, 2011; The Columbia Star	The Honorable Paul Livingston, Chairman, Richland County Council, P.O. Box 192, 2020 Hampton, Street, 2nd Floor, Columbia, SC 29202	September 12, 2011	450170
Texas:
Dallas	City of Dallas (11-06-3043P)	June 9, 2011; June 16, 2011; The Dallas Morning News	The Honorable Dwaine R. Caraway, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201	October 14, 2011	480171
Dallas	City of Coppell (11-06-0227P)	June 10, 2011; June 17, 2011; The Citizens' Advocate	The Honorable Doug Stover, Mayor, City of Coppell, 255 Parkway Boulevard, Coppell, TX 75019	October 17, 2011	480170
Utah:
Washington	City of St. George (11-08-0214P)	May 31, 2011; June 7, 2011; The Spectrum	The Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St., George, UT 84770	May 24, 2011	490177
Washington	Unincorporated areas of Washington County (11-08-0214P)	May 31, 2011; June 7, 2011; The Spectrum	The Honorable Dennis B. Drake, Chairman, Washington County, Board of Commissioners, 197 East Tabernacle Street, St. George, UT 84770	May 24, 2011	490224
Wisconsin:
Brown	Unincorporated areas of Brown County (11-05-4502P)	June 28, 2011; July 5, 2011; The Green Bay Press Gazette	The Honorable Guy Zima, Chairman, Brown County Board, 305 East Walnut Street, Green Bay, WI 54301	November 2, 2011	550020
Portage	City of Stevens Point (10-05-7569P)	July 15, 2011; July 22, 2011; The Portage County Gazette	The Honorable Andrew Halverson, Mayor, City of Stevens Point, 1515 Strongs Avenue Steven, Point, WI 54481	October 31, 2011	550342

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

Dated: August 5, 2011.

Sandra K. Knight,

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