2011-28562. 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 (email) [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:
Jefferson	Unincorporated areas of Jefferson County (11-04-4802P)	August 10, 2011; August 17, 2011; The Alabama Messenger	The Honorable David Carrington, President, Jefferson County Commission, 716 Richard Arrington Jr. Boulevard North, Suite 230, Birmingham, AL 35203	September 6, 2011	010217
Mobile	Unincorporated areas of Mobile County (11-04-0759P)	August 2, 2011; August 9, 2011; The Press-Register	The Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644	December 7, 2011	015008
Mobile	Unincorporated areas of Mobile County (11-04-0760P)	August 2, 2011; August 9, 2011; The Press-Register	The Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644	December 7, 2011	015008
Mobile	Unincorporated areas of Mobile County (11-04-0761P)	August 11, 2011; August 18, 2011; The Press-Register	The Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644	December 16, 2011	015008
Mobile	Unincorporated areas of Mobile County (11-04-0762P)	August 4, 2011; August 11, 2011; The Press-Register	The Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644	December 5, 2011	015008
Arizona: Yavapai	Town of Clarkdale (11-09-1419P)	August 3, 2011; August 10, 2011; The Verde Independent	The Honorable Doug Von Gausig, Mayor, Town of Clarkdale, 39 North 9th Street, Clarkdale, AZ 86324	December 8, 2011	040095
California:
Alameda	City of Fremont (11-09-0580P)	August 25, 2011; September 1, 2011; The Argus	The Honorable Bob Wasserman, Mayor, City of Fremont, 3300 Capitol Avenue, Fremont, CA 94538	August 16, 2011	065028
San Luis Obispo	City of Morro Bay (10-09-3119P)	August 16, 2011; August 23, 2011; The Tribune	The Honorable William Yates, Mayor, City of Morro Bay, 595 Harbor Street, Morro Bay, CA 93442	December 21, 2011	060307
Yuba	Unincorporated areas of Yuba County (11-09-0045P)	August 25, 2011; September 1, 2011; The Appeal-Democrat	The Honorable Roger Abe, Chairman, Yuba County Board of Supervisors, 915 8th Street, Suite 109, Marysville, CA 95901	December 30, 2011	060427
Colorado: Jefferson	City of Lakewood (11-08-0637P)	August 25, 2011; September 1, 2011; The Golden Transcript	The Honorable Bob Murphy, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, CO 80226	August 16, 2011	085075
Florida:
Charlotte	Unincorporated areas of Charlotte County (11-04-5839P)	August 5, 2011; August 12, 2011; The Charlotte Sun	The Honorable Bob Starr, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Port Charlotte, FL 33948	July 28, 2011	120061
Lake	Unincorporated areas of Lake County (11-04-4633P)	August 12, 2011; August 19, 2011; The Daily Commercial	The Honorable Jennifer Hill, Chair, Lake County Board of Commissioners, 315 West Main Street, Tavares, FL 32778	December 19, 2011	120421
St. Lucie	Unincorporated areas of, St. Lucie County (11-04-4362P)	August 5, 2011; August 12, 2011; The St. Lucie News-Tribune	The Honorable Chris Craft, Chairman, St. Lucie County Board of Commissioners, 2300 Virginia Avenue, Fort Pierce, FL 34982	July 28, 2011	120285
Sumter	Unincorporated areas of Sumter County (11-04-5885P)	August 4, 2011; August 11, 2011; The Sumter County Times	The Honorable Don Burgess, Chairman, Sumter County Board of Commissioners, 7375 Powell Road, Wildwood, FL 34785	July 28, 2011	120296
Maryland: Washington	Unincorporated areas of Washington County (10-03-2211P)	June 3, 2011; June 10, 2011; The Herald-Mail	The Honorable Terry L. Baker, President, Washington County Board of Commissioners, 100 West Washington Street, Room 226, Hagerstown, MD 21740	October 10, 2011	240070
New Jersey:
Middlesex	Township of North Brunswick (11-02-1340P)	August 24, 2011; August 31, 2011; The North and South Brunswick Sentinel	The Honorable Francis Womack III, Mayor, Township of North Brunswick, 710 Hermann Road, North Brunswick, NJ 08902	December 29, 2011	340271
Middlesex	Township of South Brunswick (11-02-1340P)	August 24, 2011; August 31, 2011; The North and South Sentinel	The Honorable Frank Gambatese, Mayor, Township of South Brunswick, 540 Ridge Road, Monmouth Junction, NJ 08852	December 29, 2011	340278
North Carolina:
Buncombe	Unincorporated areas of Buncombe County (11-04-2928P)	August 24, 2011; August 31, 2011; The Asheville Citizen-Times	Ms. Wanda Greene, Buncombe County Manager, 205 College Street, Suite 300, Asheville, NC 28801	August 15, 2011	370031
Forsyth	Town of Kernersville (11-04-0470P)	July 21, 2011; July 28, 2011; The Kernersville News and The Winston-Salem Journal	The Honorable Dawn H. Morgan, Mayor, Town of Kernersville, 134 East Mountain Street, Kernersville, NC 27284	November 25, 2011	370319
Forsyth	Unincorporated areas of Forsyth County (11-04-0470P)	July 21, 2011; July 28, 2011; The Kernersville News and The Winston-Salem Journal	Mr. J. Dudley Watts, Jr., Forsyth County Manager, 201 North Chestnut Street, Winston-Salem, NC 27101	November 25, 2011	375349
Oklahoma: Oklahoma	City of Oklahoma City (10-06-3231P)	August 4, 2011; August 11, 2011; The Journal Record	The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, Oklahoma City, OK 73102	August 29, 2011	405378
Pennsylvania: Delaware	Township of Haverford (11-03-0098P)	July 5, 2011; July 12, 2011; The Daily Times	The Honorable William F. Wechsler, President, Township of Haverford Board of Commissioners, 2325 Darby Road, Havertown, PA 19083	November 9, 2011	420417
South Carolina:
Charleston	Town of Mount Pleasant (11-04-5533P)	August 4, 2011; August 11, 2011; The Post and Courier	The Honorable Billy Swails, Mayor, Town of Mount Pleasant, 100 Ann Edwards Lane, Mount Pleasant, SC 29464	July 28, 2011	455417
Charleston	Unincorporated areas of Charleston County (11-04-5329P)	August 4, 2011; August 11, 2011; The Post and Courier	The Honorable Teddie E. Pryor, Sr., Chairman, Charleston County Council, 4045 Bridge View Drive, North Charleston, SC 29405	July 28, 2011	455413
Tennessee:
Greene	City of Tusculum (11-04-3995P)	June 30, 2011; July 7, 2011; The Greeneville Sun	The Honorable John Foster, Mayor, City of Tusculum, 145 Alexander Street, Greeneville, TN 37745	June 23, 2011	470329
Greene	Town of Greeneville (11-04-3995P)	June 30, 2011; July 7, 2011; The Greeneville Sun	The Honorable W. T. Daniels, Mayor, Town of Greeneville, 200 North College Street, Greeneville, TN 37745	June 23, 2011	470069
Texas:
Bexar	City of Selma (11-06-0764P)	August 11, 2011; August 18, 2011; The Daily Commercial Recorder	The Honorable Tom Daly, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154	December 16, 2011	480046
Dallas	City of Garland (11-06-2614P)	August 3, 2011; August 10, 2011; The Dallas Morning News	The Honorable Ronald E. Jones, Mayor, City of Garland, 200 North 5th Street, Garland, TX 75040	July 27, 2011	485471
Denton and Tarrant	City of Fort Worth (11-06-1407P)	June 28, 2011; July 5, 2011; The Fort Worth Star-Telegram	The Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	November 2, 2011	480596
Denton	City of Lewisville (11-06-3720P)	August 10, 2011; August 17, 2011; The Lewisville Leader	The Honorable Dean Ueckert, Mayor, City of Lewisville, 151 West Church Street, Lewisville, TX 75029	December 15, 2011	480195
El Paso	City of El Paso (11-06-2150P)	August 11, 2011; August 18, 2011; The El Paso Times	The Honorable John F. Cook, Mayor, City of El Paso, 2 Civic Center Plaza, 10th Floor, El Paso, TX 79901	August 4, 2011	480214
Gregg and Harrison	City of Longview (11-06-0244P)	August 3, 2011; August 10, 2011; The Longview News-Journal	The Honorable Jay Dean, Mayor, City of Longview, 300 West Cotton Street, Longview, TX 75601	August 25, 2011	480264
Tarrant	City of Euless (10-06-3064P)	March 4, 2011; March 11, 2011; The Fort Worth Star-Telegram	The Honorable Mary Lib Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, TX 76039	July 11, 2011	480593
Tarrant	City of Keller (10-06-0163P)	April 8, 2010, April 15, 2010, The Fort Worth Star-Telegram	The Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248	April 1, 2010	480602
Tarrant	City of Keller (11-06-0636P)	July 14, 2011; July 21, 2011; The Fort Worth Star-Telegram	The Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248	July 7, 2011	480602
Tarrant	City of Keller (11-06-2181P)	June 24, 2011; July 1, 2011; The Fort Worth Star-Telegram	The Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248	October 31, 2011	480602
Tarrant	City of North Richland Hills (11-06-0636P)	July 14, 2011; July 21, 2011; The Fort Worth Star-Telegram	The Honorable Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180	July 7, 2011	480607
Travis	Unincorporated areas of Travis County (11-06-0223P)	August 11, 2011; August 18, 2011; The Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701	August 4, 2011	481026
Williamson	City of Georgetown (11-06-2998P)	August 17, 2011; August 24, 2011; The Williamson County Sun	The Honorable George Garver, Mayor, City of Georgetown, 113 East 8th Street, Georgetown, TX 78626	December 22, 2011	480668
Williamson	Unincorporated areas of Williamson County (10-06-3690P)	July 27, 2011; August 3, 2011; The Williamson County Sun	The Honorable Dan A. Gattis, Williamson County Judge, 710 South Main Street, Suite 101, Georgetown, TX 78626	December 2, 2011	481079

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

Dated: October 17, 2011.

Sandra K. Knight,

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