2010-33103. 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.
Idaho:
Valley	Unincorporated areas of Valley County (10-10-0010P)	April 15, 2010; April 22, 2010; The Star-News	The Honorable Jerry Winkle, Valley County Commissioner, P.O. Box 1350, Cascade, ID 83611	August 21, 2010	160220
Indiana: Hamilton	City of Noblesville (10-05-3162P)	April 15, 2010; April 22, 2010; Indianapolis Star	The Honorable John Ditslear, Mayor, City of Noblesville, 16 South 10th Street, Suite 150, Noblesville, IN 46060	August 20, 2010	180082
Wisconsin:
Green Lake	Village of Marquette (10-05-1858P)	April 8, 2010; April 15, 2010; The Berlin Journal Newspaper	Mr. Howard Sell, District 6, County Board Supervisor, N3415 State Highway 73, Markesan, WI 53946	March 29, 2010	550170
Waukesha	Unincorporated areas of Waukesha County (10-05-0806P)	April 29, 2010; May 6, 2010; Milwaukee Journal Sentinel and Lake County Reporter	Mr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 230, Waukesha, WI 53188	September 3, 2010	550476
Jefferson	Unincorporated areas of Jefferson County (10-05-0806P)	April 29, 2010; May 6, 2010; Daily Jefferson County Union	Ms. Sharon L. Schmeling, County Board Chairperson, 320 South Main Street, Room 201, Jefferson, WI 53549	September 3, 2010	550191
Waukesha	Unincorporated areas of Waukesha County (10-05-0802P)	April 29, 2010; May 6, 2010; Lake County Reporter and Milwaukee Journal Sentinel	Mr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 320, Waukesha, WI 53188	September 3, 2010	550476
Michigan:
Oakland	City of Novi (10-05-0812P)	May 6, 2010; May 13, 2010; Novi News	The Honorable David Landry, Mayor, City of Novi, 45175 West Ten Mile Road, Novi, MI 48375	May 24, 2010	260175
Wisconsin:
Dane	Village of Black Earth (10-05-1272P)	May 20, 2010; May 27, 2010; News-Sickle-Arrow	The Honorable Patrick Troge, President, Village of Black Earth, 1525 Riverview Drive, Black Earth, WI 53515	September 24, 2010	550079
Dane	Unincorporated areas of Dane County (10-05-1272P)	May 20, 2010; May 27, 2010; The Wisconsin State Journal	Kathleen Falk, County Executive, 210 Martin Luther King Jr. Boulevard, Room 116, City-County Building, Madison, WI 53703	September 24, 2010	550077
Massachusetts:
Barnstable	Town of Falmouth (09-01-1590P)	May 21, 2010; May 28, 2010; Falmouth Enterprise	Mr. Robert L. Whritenour, Jr., Town of Falmouth Manager, 59 Town Hall Square, Falmouth, MA 02540	August 26, 2010	255211
Wisconsin:
St. Croix	City of River Falls (10-05-1230P)	May 27, 2010; June 3, 2010; River Falls Journal	The Honorable Don Richards, Mayor, City of River Falls, 106 North Wasson Lane, River Falls, WI 54022	October 1, 2010	550330
St. Croix	Unincorporated areas of St. Croix County (10-05-1230P)	May 27, 2010; June 3, 2010; River Falls Journal	Mr. Daryl Standafer, St. Croix County Chairman, 1101 Carmichael Road Hudson, WI 54016	October 1, 2010	555578
Iowa:
Polk	City of Des Moines (09-07-1717P)	May 27, 2010; June 3, 2010; Des Moines Register	The Honorable Franklin Cownie, Mayor, City of Des Moines, 675 Harwood Drive, Des Moines, IA 50312	October 1, 2010	190227
Idaho:
Ada	Unincorporated areas of Ada County (10-10-0170P)	May 27, 2010; June 3, 2010; The Idaho Statesman	The Honorable Fred Tilman, Ada County Commissioner, 200 West Front Street, Boise, ID 83702	September 1, 2010	160001
Indiana:
Tippecanoe	City of Lafayette (10-05-3321P)	May 27, 2010; June 3, 2010; Journal and Courier	The Honorable Tony Roswarski, Mayor, City of Lafayette, 20 North 6th Street, Lafayette, IN 47901	May 18, 2010	180253
Nebraska:
Lancaster	City of Lincoln (10-07-0761P)	June 3, 2010; June 10, 2010; The Lincoln Journal-Star	The Honorable Chris Beutler, Mayor, City of Lincoln, 555 South 10th Street, Suite 301, Lincoln, NE 68508	October 8, 2010	315273
Virginia:
City of Fairfax	City of Fairfax (10-03-0412P)	June 14, 2010; June 21, 2010; The Washington Times	The Honorable Robert F. Lederer, Mayor, City of Fairfax, 10455 Armstrong Street, Fairfax, VA 22030	October 19, 2010	515524
Vermont:
Windham	Town of Wilmington (10-01-0925P)	June 14, 2010; June 21, 2010; Brattleboro Reformer	The Honorable Thomas P. Consolino, Chair, Selectboard, P.O. Box 217 Wilmington, VT 05363	June 2, 2010	500142
Windham	Town of Wilmington (10-01-0925P)	June 17, 2010; June 24, 2010; The Deerfield Valley News	The Honorable Thomas P. Consolino, Chair, Selectboard P.O. Box 217 Wilmington, VT 05363	June 2, 2010	500142
New Hampshire:
Hillsborough	Town of Pelham (09-01-1526P)	June 18, 2010; June 25, 2010; The Lowell Sun	The Honorable Douglas Viger, Chairman, Board Selectman, 6 Village Green, Pelham, NH 03076	July 6, 2010	330100
Hillsborough	Town of Pelham (09-01-1526P)	June 21, 2010; June 28, 2010; The Pelham-Windham News	The Honorable Douglas Viger, Chairman, Board Selectman, 6 Village Green, Pelham, NH 03076	July 6, 2010	330100
Kansas:
Johnson	City of Overland Park (09-07-1710P)	June 30, 2010; July 7, 2010; Sun Publications	The Honorable Carl Gerlach, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, KS 66212	June 17, 2010	200174
Maine:
Cumberland	Town of Harpswell (09-01-1532P)	July 12, 2010; July 19, 2010; The Times-Record	The Honorable James S. Henderson, Chairman, Board of Selectman, P.O. Box 39, Harpswell, ME 04079	June 24, 2010	230169
Michigan:
Macomb	Township of Washington (10-05-4289P)	July 7, 2010; July 14, 2010; The Romeo Observer	Mr. Dan O'Leary, Board Supervisor, 57900 Van Dyke Road, Washington, MI 48094	June 29, 2010	260447
Missouri:
Cole	City of Jefferson City (10-07-0593P)	July 8, 2010; July 15, 2010; News-Tribune	The Honorable John Landwehr, Mayor, City of Jefferson City, 320 East McCarty Street, Jefferson City, MO 65101	December 24, 2010	290108
Iowa:
Black Hawk	City of Cedar Falls (10-07-0506P)	July 8, 2010; July 15, 2010; The Waterloo Courier	The Honorable Jon Crews, Mayor, Cedar Falls, 220 Clay Street, Cedar Falls, IA 50613	November 12, 2010	190017
Maine:
York	Town of Holis (10-01-0538P)	July 13, 2010; July 20, 2010; The Smart Shopper	Mr. Stuart B. Gannett, Sr., Chairman, Board of Selectman, 34 Town Farm Road, Hollis, ME 04042	November 17, 2010	230150

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

Dated: December 22, 2010.

Edward Connor,

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