2010-8084. 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:

Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, 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: Gila	Town of Payson (09-09-0436P)	September 15, 2009; September 22, 2009; Payson Roundup	The Honorable Kenny Evans, Mayor, Town of Payson, 303 North Beeline Highway, Payson, AZ 85541	January 20, 2010	040107
California:
San Diego	City of Vista (09-09-0724P)	September 18, 2009; September 25, 2009; North County Times	The Honorable Morris B. Vance, Mayor, City of Vista, City Hall, 600 Eucalyptus Avenue, Vista, CA 92084	October 5, 2009	060297
Shasta	City of Anderson (09-09-1040P)	September 23, 2009; September 30, 2009; Anderson Valley Post	The Honorable Butch Schaefer, Mayor, City of Anderson, 1887 Howard Street, Anderson, CA 96007	January 28, 2009	060359
Ventura	City of Ojai (09-09-0524P)	September 10, 2009; September 17, 2009; Ventura County Star	The Honorable Joe DeVito, Mayor, City of Ojai, P.O. Box 1570, Ojai, CA 93024	January 15, 2009	060416
Ventura	Unincorporated areas of Ventura County (09-09-0524P)	September 10, 2009; September 17, 2009; Ventura County Star	The Honorable Linda F. Parks, Chairperson, Ventura County Board of Supervisors, County Government Center, 800 South Victoria Avenue, Ventura, CA 93009	January 15, 2009	060413
Colorado:
El Paso	City of Colorado Springs (09-08-0002P)	September 23, 2009; September 30, 2009; The Gazette	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901	January 28, 2009	080060
Jefferson	Unincorporated areas of Jefferson County (09-08-0257P)	September 30, 2009; October 7, 2009; High Timber Times	The Honorable J. Kevin McCasky, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419	October 5, 2009	080087
Delaware: New Castle	Unincorporated areas of New Castle County (09-03-0870P)	September 7, 2009; September 14, 2009; The News Journal	The Honorable Christopher Coons, New Castle County Executive, 87 Reads Way Corporate Commons, New Castle, DE 19720	August 21, 2009	105085
Florida:
Alachua	City of Gainesville (09-04-1384P)	October 2, 2009; October 9, 2009; The Gainesville Sun	The Honorable Pegeen Hanrahan, Mayor, City of Gainesville, P.O. Box 490, Station 19, Gainesville, FL 32601	September 24, 2009	125107
Osceola	City of Kissimmee (08-04-1601P)	August 6, 2009; August 13, 2009; Osceola News Gazette	The Honorable Jim Swan, Mayor, City of Kissimmee, 101 North Church Street, Kissimmee, FL 34741	August 24, 2009	120190
Osceola	Unincorporated areas of Osceola County (08-04-1601P)	August 6, 2009; August 13, 2009; Osceola News Gazette	The Honorable John “Q” Quinones, Chairman, Osceola County Board of Commissioners, One Courthouse Square, Suite 4700, Kissimmee, FL 34741	August 24, 2009	120189
Polk	Unincorporated areas of Polk County (09-04-5687P)	September 9, 2009; September 16, 2009; Polk County Democrat	The Honorable Sam Johnson, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831	August 31, 2009	120261
Georgia: DeKalb	City of Atlanta (08-04-5599P)	May 8, 2009; May 15, 2009; Atlanta Journal-Constitution	The Honorable Shirley Franklin, Mayor, City of Atlanta, 55 Trinity Avenue, Atlanta, GA 30303	May 28, 2009	135157
Illinois:
Kane	City of Batavia (09-05-2286P)	September 15, 2009; September 22, 2009; The Chronicle	The Honorable Jeffery D. Schielke, Mayor, City of Batavia, 100 North Island Avenue, Batavia, IL 60510	September 1, 2009	170321
Kane	Village of Hampshire (09-05-1214P)	August 28, 2009; September 4, 2009; Northwest Herald	The Honorable Jeffrey Magnussen, President, Village of Hampshire, P.O. Box 457, Hampshire, IL 60140	August 13, 2009	170327
Kane	Unincorporated areas of Kane County (09-05-2286P)	September 15, 2009; September 22, 2009; The Chronicle	The Honorable Karen McConnaughay, Chairman, Kane County Board, 719 South Batavia Avenue, Geneva, IL 60134	September 1, 2009	1708965
McHenry	Village of Johnsburg (09-05-2578P)	August 21, 2009; August 28, 2009; Northwest Herald	Mr. Edwin P. Hettermann, President, Village of Johnsburg, 1515 West Channel Beach Drive, McHenry, IL 60050	August 17, 2009	170486
Maine: Penobscot	Town of Hampden (09-01-0938P)	September 7, 2009; September 14, 2009; Bangor Daily News	The Honorable Matthew Arnett, Mayor, Town of Hampden, 106 Western Avenue, Hampden, ME 04444	August 21, 2009	230168
Michigan: Kent	City of Grand Rapids (09-05-1087P)	July 1, 2009; July 8, 2009; Grand Rapids Press	Mr. Mark De Clercq, P.E., City Engineer, City of Grand Rapids, 300 Monroe Avenue, Northwest, Grand Rapids, MI 49503	June 23, 2009	260106
Nebraska:
Howard	Unincorporated areas of Howard County (09-07-0907P)	September 23, 2009; September 30, 2009; The Phonograph Herald	The Honorable Bill Sack, Chairman, Howard County Board of Commissioners, 1057 Kimball Road, St. Paul, NE 68873	January 28, 2010	310446
Howard	City of St. Paul (09-07-0907P)	September 23, 2009; September 30, 2009; The Phonograph Herald	The Honorable Danny Nielsen, Mayor, City of St. Paul, 704 6th Street, St. Paul, NE 68873	January 28, 2010	310119
New Mexico:
Santa Fe	City of Santa Fe (09-06-1398P)	September 8, 2009; September 15, 2009; Santa Fe New Mexican	The Honorable David Coss, Mayor, City of Santa Fe, P.O. Box 909, Santa Fe, NM 87504	January 13, 2010	350070
Santa Fe	City of Santa Fe (09-06-1729P)	September 8, 2009; September 15, 2009; Santa Fe New Mexican	The Honorable David Coss, Mayor, City of Santa Fe, P.O. Box 909, Santa Fe, NM 87504	January 13, 2010	350070
Oklahoma: Cleveland	City of Oklahoma City (08-06-3106P)	September 17, 2009; September 24, 2009; The Oklahoman	The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Street, 3rd Floor, Oklahoma City, OK 73102	January 22, 2010	405378
Oregon:
Marion	Unincorporated areas of Marion County (09-10-0011P)	August 14, 2009; August 21, 2009; Statesman Journal	The Honorable Patti Milne, Chairman, Marion County Board of Commissioners, P.O. Box 14500, Salem, OR 97309	July 31, 2009	410154
Marion	City of Salem (09-10-0011P)	August 14, 2009; August 21, 2009; Statesman Journal	The Honorable Janet Taylor, Mayor, City of Salem, 555 Liberty Street Southeast, Room 220, Salem, OR 97301	July 31, 2009	410167
Pennsylvania:
Adams	City of Latimore (09-03-1567P)	September 10, 2009; September 17, 2009; Gettysburg Times	The Honorable Dan Worley, Chairman, Latimore Township Board of Supervisors, 559 Old U.S. Route 15, York Springs, PA 17372	January 15, 2010	421162
Adams	City of Reading (09-03-1567P)	September 10, 2009; September 17, 2009; Gettysburg Times	The Honorable Joseph Lemmon, Chairman, Township of Reading Board of Supervisors, 50 Church Road, East Berlin, PA 17316	January 15, 2010	420004
Tennessee:
Knox	Unincorporated areas of Knox County (09-04-2543P)	September 4, 2009; September 11, 2009; Knoxville News Sentinel	The Honorable Mike Ragsdale, Mayor, Knox County, 400 Main Street, Suite 615, Knoxville, TN 37902	January 11, 2010	475433
Knox	City of Knoxville (09-04-2543P)	September 4, 2009; September 11, 2009; Knoxville News Sentinel	The Honorable Bill Haslam, Mayor, City of Knoxville, P.O. Box 1631, Knoxville, TN 37901	January 11, 2010	475434
Knox	City of Knoxville (09-04-3474P)	September 18, 2009; September 25, 2009; Knoxville News Sentinel	The Honorable Bill Haslam, Mayor, City of Knoxville, P.O. Box 1631, Knoxville, TN 37901	January 25, 2010	475434
Williamson	City of Brentwood (08-04-5486P)	September 10, 2009; September 17, 2009; The Tennessean	The Honorable Betsy Crossley, Mayor, City of Brentwood, 5211 Maryland Way, Brentwood, TN 37027	August 27, 2009	470205
Texas:
Brazoria and Harris	City of Pearland (08-06-0819P)	June 24, 2009; July 1, 2009; Pearland Reporter-News	The Honorable Tom Reid, Mayor, City of Pearland, 3519 Liberty Drive, Pearland, TX 77581	October 29, 2009	480077
Denton	Town of Trophy Club (09-06-1124P)	September 11, 2009; September 18, 2009; Denton Record-Chronicle	The Honorable Nick Sanders, Mayor, Town of Trophy Club, 100 Municipal Drive, Trophy Club, TX 76262	January 18, 2010	481606
Webb	City of Laredo (08-06-1006P)	September 2, 2008; September 9, 2008; Laredo Morning Times	The Honorable Raul G. Salinas, Mayor, City of Laredo, City Hall, 1110 Houston Street, Laredo, TX 78040	January 9, 2009	480651
Williamson	City of Round Rock (09-06-0338P)	September 10, 2009; September 17, 2009; Round Rock Leader	The Honorable Alan McGraw, Mayor, City of Round Rock, 221 East Main Street, Round Rock, TX 78664	January 15, 2010	481048
Williamson	Unincorporated areas of Williamson County (09-06-0529P)	September 10, 2009; September 17, 2009; Round Rock Leader	The Honorable Dan A. Gattis, Williamson County Judge, 710 Main Street, Suite 101, Georgetown, TX 78626	January 15, 2010	481079

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

Dated: March 18, 2010.

Edward L. Connor,

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