2011-25157. 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.
Arizona:
Pima	City of Tucson (10-09-2016P)	July 22, 2011; July 29, 2011; The Arizona Daily Star	The Honorable Robert E. Walkup, Mayor, City of Tucson, 255 West Alameda Street, Tucson, AZ 85701	November 28, 2011	040076
Pinal	Unincorporated areas of Pinal County (11-09-0945P)	July 15, 2011; July 22, 2011; The Case Grande Dispatch	The Honorable Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box 827, 31 North Pinal Street, Building A, Florence, AZ 85132	November 21, 2011	040077
Arkansas: Benton	City of Bentonville (11-06-0823P)	July 7, 2011; July 14, 2011; The Benton County Daily Record	The Honorable Bob McCaslin, Mayor, City of Bentonville, 117 West Central Avenue, Bentonville, AR 72712	November 11, 2011	050012
California:
Sacramento	City of Sacramento (11-09-2263P)	July 16, 2011; July 23, 2011; The Sacramento Bee	The Honorable Kevin Johnson, Mayor, City of Sacramento, 915 I Street, 5th Floor, Mail Code 09100, Sacramento, CA 95814	November 21, 2011	060266
Sacramento	Unincorporated areas of Sacramento County (11-09-2263P)	July 16, 2011; July 23, 2011; The Sacramento Bee	The Honorable Roberta MacGlashan, Chair, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814	November 21, 2011	060262
Ventura	City of Camarillo (11-09-0883P)	July 27, 2011; August 3, 2011; The Ventura County Star	The Honorable Mike Morgan, Mayor, City of Camarillo, 601 Carmen Drive, Camarillo, CA 93010	July 19, 2011	065020
Ventura	Unincorporated areas of Ventura County (11-09-0883P)	July 27, 2011; August 3, 2011; The Ventura County Star	The Honorable Linda Parks, Chair, Ventura County Board of Supervisors, 800 South Victoria Avenue, Ventura, CA 93009	July 19, 2011	060413
Colorado:
Douglas	Unincorporated areas of Douglas County (11-08-0044P)	July 7, 2011; July 14, 2011; The Douglas County News-Press	The Honorable Jill Repella, Chair, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104	June 30, 2011	080049
Teller	City of Woodland Park (10-08-0932P)	July 13, 2011; July 20, 2011; The Pikes Peak Courier View	The Honorable Steve Randolph, Mayor, City of Woodland Park, P.O. Box 9007, 220 West South Avenue, Woodland Park, CO 80863	November 17, 2011	080175
Teller	Unincorporated areas of Teller County (10-08-0932P)	July 13, 2011; July 20, 2011; The Pikes Peak Courier View	The Honorable Jim Ignatius, Chairman, Teller County Board of Commissioners, P.O. Box 959, 112 North “A” Street, Cripple Creek, CO 80813	November 17, 2011	080173
Florida:
Escambia	Unincorporated areas of Escambia County (11-04-2176P)	June 16, 2011; June 23, 2011; The Pensacola News Journal	The Honorable Kevin White, Chairman, Escambia County Board of Commissioners, P.O. Box 1951, 221 Palafox Place, Suite 400, Pensacola, FL 32502	June 9, 2011	120080
Marion	City of Ocala (11-04-2943P)	July 21, 2011; July 28, 2011; The Star-Banner	The Honorable Randy Ewers, Mayor, City of Ocala, 151 Southeast Osceola Avenue, Ocala, FL 34471	November 25, 2011	120330
Volusia	Unincorporated areas of Volusia County (11-04-5578X)	August 1, 2011; August 8, 2011; The Beacon	Mr. James Dinneen, Volusia County Manager, 123 West Indiana Avenue, DeLand, FL 32720	December 6, 2011	125155
Hawaii: Honolulu	City of Honolulu and Unincorporated areas of Honolulu County (10-09-3709P)	July 15, 2011; July 22, 2011; The Honolulu Star-Advertiser	The Honorable Peter B. Carlisle, Mayor, City and County of Honolulu, 530 South King Street, Room 300, Honolulu, HI 96813	November 21, 2011	150001
Idaho: Teton	Unincorporated areas of Teton County (11-10-0678P)	August 11, 2011; August 18, 2011; The Teton Valley News	The Honorable Kathryn Rinaldi, Chair, Teton County Board of Commissioners, Teton County Courthouse, 150 Courthouse Drive Driggs, ID 83422	September 1, 2011	160230
Iowa: Linn	City of Marion (11-07-1284P)	August 11, 2011; August 18, 2011; The Marion Times	The Honorable Paul Rehn, Mayor, City of Marion, 2710 25th Avenue, Marion, IA 52302	December 16, 2011	190191
Montana: Missoula	Unincorporated areas of Missoula County (11-08-0184P)	July 28, 2011; August 4, 2011; The Missoula Independent	The Honorable Jean Curtiss, Chairman, Missoula County Board of Commissioners, 200 West Broadway, Missoula, MT 59802	December 2, 2011	300048
New York: Suffolk	Town of Brookhaven (11-02-0892X)	January 25, 2011; February 1, 2011; Newsday	The Honorable Mark Lesko, Supervisor, Town of Brookhaven, 1 Independence Hill, Farmingville, NY 11738	July 18, 2011	365334
North Carolina: Mecklenburg	City of Charlotte (11-04-1802P)	July 6, 2011; July 13, 2011; The Charlotte Observer	The Honorable Anthony R. Foxx, Mayor, City of Charlotte, 600 East 4th Street, Charlotte, NC 28202	November 10, 2011	370159
Ohio:
Lake	Unincorporated areas of Lake County (11-05-2150P)	August 11, 2011; August 18, 2011; The News-Herald	Mr. Raymond E. Sines, President, Lake County Board, 105 Main Street, Painesville, OH 44077	December 16, 2011	390771
Warren	City of Mason (11-05-2541P)	August 11, 2011; August 18, 2011; The Pulse Journal	The Honorable Don Prince, Mayor, City of Mason, 6000 Mason Montgomery Road, Mason, OH 45040	December 16, 2011	390559
Warren	Unincorporated areas of Warren County (11-05-2541P)	August 11, 2011; August 18, 2011; The Pulse Journal	Mr. David G. Young, Warren County Commissioner, 406 Justice Drive, Lebanon, OH 45036	December 16, 2011	390757
Oklahoma: Tulsa	City of Broken Arrow (10-06-0428P)	July 28, 2011; August 4, 2011; The Tulsa Daily Commerce & Legal News	The Honorable Mike Lester, Mayor, City of Broken Arrow, 220 South 1st Street, Broken Arrow, OK 74012	July 21, 2011	400236
Rhode Island: Washington	Town of North Kingstown (11-01-1012P)	August 11, 2011; August 18, 2011; The Standard Times	Mr. Michael Embury, Town of North Kingstown Manager, 80 Boston Neck Road, North Kingstown, RI 02852	July 26, 2011	445404
South Dakota: Fall River	City of Hot Springs (11-08-0656P)	July 5, 2011; July 12, 2011; The Hot Springs Star	The Honorable Don DeVries, Mayor, City of Hot Springs, 303 North River Street, Hot Springs, SD 57747	November 9, 2011	460027
Tennessee: Maury	City of Spring Hill (11-04-2516P)	July 28, 2011; August 4, 2011; The Daily Herald	The Honorable Michael Dinwiddie, Mayor, City of Spring Hill, P.O. Box 789, 199 Town Center, Parkway Spring Hill, TN 37174	August 22, 2011	470278
Texas:
Ellis	City of Midlothian (10-06-2706P)	May 4, 2011; May 11, 2011; The Midlothian Mirror	The Honorable Boyce Whatley, Mayor, City of Midlothian, 104 West Avenue East, Midlothian, TX 76065	May 31, 2011	480801
Ellis	Unincorporated areas of Ellis County (10-06-2706P)	May 4, 2011; May 11, 2011; The Waxahachie Daily Light	The Honorable Carol Bush, Ellis County Judge, 101 West Main Street, Waxahachie, TX 75165	May 31, 2011	480798
Rockwall	City of Rockwall (11-06-2878P)	July 15, 2011; July 22, 2011; The Rockwall County News	The Honorable David Sweet, Mayor, City of Rockwall, 385 South Goliad Street, Rockwall, TX 75087	November 21, 2011	480547
Tarrant	City of Arlington (11-06-1155P)	July 21, 2011; July 28, 2011; The Fort Worth Star-Telegram	The Honorable Dr. Robert Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004	November 25, 2011	485454
Tarrant	City of Fort Worth (10-06-2761P)	May 6, 2011; May 13, 2011; The Fort Worth Star-Telegram	The Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	September 12, 2011	480596
Tarrant	City of Saginaw (10-06-2761P)	May 6, 2011; May 13, 2011; The Fort Worth Star-Telegram	The Honorable Gary Brinkley, Mayor, City of Saginaw, 333 West McLeroy Boulevard, Saginaw, TX 76179	September 12, 2011	480610
Travis	City of Austin (11-06-3301P)	June 28, 2011; July 5, 2011; The Austin American-Statesman	The Honorable Lee Leffingwell, Mayor, City of Austin, 301 West 2nd Street, 2nd Floor Austin, Texas 78701	November 2, 2011	480624

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

Dated: September 13, 2011.

Sandra K. Knight,

Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.