2010-12478. 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.
Alabama:
Shelby	Town of Calera (09-04-0261P)	March 24, 2010; March 31, 2010; Shelby County Reporter	The Honorable George W. Roy, Mayor, Town of Calera, P.O. Box 177, Calera, AL 35040	July 29, 2010	010373
Shelby	Unincorporated areas of Shelby County (09-04-0261P)	March 24, 2010; March 31, 2010; Shelby County Reporter	The Honorable Lindsey Allison, Chairperson, Shelby County Commission, P.O. Box 467, Columbiana, AL 35051	July 29, 2010	010191
Arizona:
Maricopa	City of Glendale (09-09-2335P)	March 18, 2010; March 25, 2010; Arizona Business Gazette	The Honorable Elaine M. Scruggs, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, AZ 85301	July 23, 2010	040045
Maricopa	Unincorporated areas of Maricopa County (09-09-2335P)	March 18, 2010; March 25, 2010; Arizona Business Gazette	The Honorable Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, Phoenix, AZ 85003	July 23, 2010	040037
California:
Riverside	City of Perris (10-09-0106P)	March 31, 2010; April 7, 2010; The Perris Progress	The Honorable Daryl R. Busch, Mayor, City of Perris, 101 North D Street, Perris, CA 92570	July 29, 2010	060258
Riverside	City of Riverside (09-09-1506P)	March 10, 2010; March 17, 2010; The Press-Enterprise	The Honorable Ronald O. Loveridge, Mayor, City of Riverside, 3900 Main Street, Riverside, CA 92522	February 26, 2010	060260
Florida:
Miami-Dade	City of Sunny Isles Beach (09-04-8292P)	March 15, 2010; March 22, 2010; Miami Daily Business Review	The Honorable Norman S. Edelcup, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Suite 250, Sunny Isles Beach, FL 33160	February 26, 2010	120688
Osceola	City of St. Cloud (09-04-6066P)	March 25, 2010; April 1, 2010; Osceola News-Gazette	The Honorable Donna Hart, Mayor, City of St. Cloud, 1300 9th Street, St. Cloud, FL 34769	July 30, 2010	120191
Polk	Unincorporated areas of Polk County (09-04-8238P)	March 31, 2010; April 7, 2010; Polk County Democrat	The Honorable Bob English, Chairman, Polk County Board of County Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831	August 5, 2010	120261
Volusia	City of Deltona (09-04-1747P)	March 22, 2010; March 29, 2010; The Beacon	The Honorable Dennis Mulder, Mayor, City of Deltona, 2345 Providence Boulevard, Deltona, FL 32725	July 27, 2010	120677
Georgia:
Catoosa	City of Ringgold (09-04-6882P)	March 24, 2010; March 31, 2010; The Catoosa County News	The Honorable Joe Barger, Mayor, City of Ringgold, 150 Tennessee Street, Ringgold, GA 30736	July 29, 2010	130029
Catoosa	Unincorporated areas of Catoosa County (09-04-6882P)	March 24, 2010; March 31, 2010; The Catoosa County News	The Honorable Keith Greene, Chairman, Catoosa County Board of Commissioners, 800 Lafayette Street, Ringgold, GA 30736	July 29, 2010	130028
Clayton	City of Morrow (09-04-4735P)	February 12, 2010; Februrary 19, 2010; Clayton News Daily	The Honorable Jim Millirons, Mayor, City of Morrow, 1500 Morrow Road, Morrow, GA 30260	June 21, 2010	130045
Cobb	City of Smyrna (09-04-6852P)	March 12, 2010; March 19, 2010; Marietta Daily Journal	The Honorable A. Max Bacon, Mayor, City of Smyrna, 2800 King Street, Smyrna, GA 30080	February 26, 2010	130057
Cobb	Unincorporated areas of Cobb County (09-04-6852P)	March 12, 2010; March 19, 2010; Marietta Daily Journal	The Honorable Samuel S. Olens, Chairman, Cobb County Board of Commissioners, 100 Cherokee Street, Marietta, GA 30090	February 26, 2010	130052
Columbia	Unincorporated areas of Columbia County (09-04-4792P)	March 14, 2010; March 21, 2010; The Columbia County News-Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	July 19, 2010	130059
Fulton	City of Atlanta (09-04-6852P)	March 12, 2010; March 19, 2010; Fulton Daily Report	The Honorable Kasim Reed, Mayor, City of Atlanta, 55 Trinity Avenue, Atlanta, GA 30303	February 26, 2010	135160
Illinois:
Will	Village of Mokena (09-05-4682P)	March 25, 2010; April 1, 2010; Mokena Messenger	The Honorable Joseph W. Werner, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448	July 30, 2010	170705
Will	Village of Romeoville (09-05-4629P)	March 25, 2010; April 1, 2010; The Herald News	The Honorable John Noak, Mayor, Village of Romeoville, 13 Montrose Drive, Romeoville, IL 60446	July 30, 2010	170711
Will	Unincorporated areas of Will County (09-05-4629P)	March 25, 2010; April 1, 2010; The Herald News	The Honorable Lawrence M. Walsh, Chairman, Will County Board of Supervisors, 302 North Chicago Street, Joliet, IL 60432	July 30, 2010	170695
Mississippi:
Rankin	City of Brandon (09-04-6879P)	March 31, 2010; April 7, 2010; Rankin County News	The Honorable Tim Coulter, Mayor, City of Brandon, P.O. Box 1539, Brandon, MS 39043	March 25, 2010	280143
Rankin	Unincorporated areas of Rankin County (09-04-6879P)	March 31, 2010; April 7, 2010; Rankin County News	The Honorable Jay Bishop, Chair, Rankin County Board of Supervisors, 211 East Government Street, Suite A, Brandon, MS 39042	March 25, 2010	280142
North Carolina:
Dare	Town of Kill Devil Hills (09-04-6827P)	November 10, 2009; November 17, 2009; The Coastland Times	The Honorable Raymond Sturza, Mayor, Town of Kill Devil Hills, P.O. Box 1719, Kill Devil Hills, NC 27948	October 30, 2009	375353
Durham	City of Durham (09-04-5502P)	November 20, 2009; November 27, 2009; The Herald Sun	The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701	April 5, 2010	370086
Forsyth	City of Winston-Salem (09-04-7422P)	January 5, 2010; January 12, 2010; Winston-Salem Journal	The Honorable Allen Joines, Mayor, City of Winston-Salem, P.O. Box 2511, Winston-Salem, NC 27102	May 12, 2010	375360
Guilford	City of Greensboro (09-04-6072P)	November 30, 2009; December 7, 2009; Greensboro News & Record	The Honorable Yvonne J. Johnson, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402	April 6, 2010	375351
McDowell	Unincorporated areas of McDowell County (09-04-1274P)	January 22, 2010; January 29, 2010; The McDowell News	Mr. Charles Abernathy, County Manager, McDowell County, 60 East Court Street, Marion, NC 28752	June 1, 2010	370148
Orange	Town of Carrboro (09-04-7185P)	November 20, 2009; November 27, 2009; Chapel Hill Herald	The Honorable Mark Chilton, Mayor, Town of Carrboro, 301 West Main Street, Carrboro, NC 27510	March 29, 2010	370275
Orange	Town of Chapel Hill (08-04-4997P)	December 9, 2009; December 16, 2009; Chapel Hill Herald	The Honorable Kevin Foy, Mayor, Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514	April 15, 2010	370180
Wake	City of Raleigh (09-04-4425P)	January 20, 2010; January 27, 2010; The News & Observer	The Honorable Charles Meeker, Mayor, City of Raleigh, 222 West Hargett Street, Raleigh, NC 27602	May 27, 2010	370243
Wake	Unincorporated areas of Wake County (08-04-4911P)	November 30, 2009; December 7, 2009; The News & Observer	Mr. David C. Cooke, Wake County Manager, 337 South Salisbury Street, Suite 1100, Raleigh, NC 27602	April 6, 2010	370368
Ohio:
Franklin	City of Columbus (09-05-4021P)	March 12, 2010; March 19, 2010; The Columbus Dispatch	The Honorable Michael B. Coleman, Mayor, City of Columbus, 90 West Broad Street, Columbus, OH 43215	July 19, 2010	390170
Franklin	City of Whitehall (09-05-4021P)	March 12, 2010; March 19, 2010; The Columbus Dispatch	The Honorable John A. Wolfe, Mayor, City of Whitehall, 360 South Yearling Road, Whitehall, OH 43213	July 19, 2010	390180
Warren	City of Monroe (09-05-1088P)	March 5, 2010; March 12, 2010; The Middletown Journal	The Honorable Robert Routson, Mayor, City of Monroe, P.O. Box 330, Monroe, OH 45050	July 9, 2010	390042
Tennessee: Madison	Unincorporated areas of Madison County (09-04-3077P)	March 10, 2010; March 17, 2010; Jackson Sun	The Honorable Jimmy Harris, Mayor, Madison County, 100 East Main Street, Suite 302, Jackson, TN 38301	July 15, 2010	470112
Texas:
Bexar	City of San Antonio (09-06-2985P)	April 2, 2010; April 9, 2010; San Antonio Express-News	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	August 9, 2010	480045
Bexar	City of San Antonio (08-06-2113P)	March 31, 2010; April 7, 2010; Daily Commercial Recorder	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	April 22, 2010	480045
Bexar	City of San Antonio (09-06-2177P)	March 19, 2010; March 26, 2010; Daily Commercial Recorder	The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283	April 7, 2010	480045
Utah: Weber	City of Ogden (09-08-0418P)	March 19, 2010; March 26, 2010; Ogden Standard-Examiner	The Honorable Matthew R. Godfrey, Mayor, City of Ogden, 2549 Washington Boulevard, Suite 910, Ogden, UT 84401	July 26, 2010	490189

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

Dated: April 30, 2010.

Sandra K. Knight,

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