2011-32596. 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.
Arizona: Maricopa	City of Chandler (11-09-2364P)	September 1, 2011; September 8, 2011; The Arizona Republic	The Honorable Jay Tibshraeny, Mayor, City of Chandler, 175 South Arizona Avenue, 5th Floor, Chandler, AZ 85225	September 18, 2011	040040
Kansas:
Johnson	City of Roeland Park (11-07-1190P)	October 4, 2011; October 11, 2011; The Legal Record	The Honorable Adrienne Foster, Mayor, City of Roeland Park, City Hall, 4600 West 51st Street, Roeland Park, KS 66205	February 8, 2012	200176
Johnson	City of Fairway (11-07-1190P)	October 4, 2011; October 11, 2011; The Legal Record	The Honorable Jerry Wiley, Mayor, City of Fairway, 4210 Shawnee Mission Parkway, Suite 100, Fairway, KS 66205	February 8, 2012	205185
Johnson	City of Mission (11-07-1190P)	October 4, 2011; October 11, 2011; The Legal Record	The Honorable Laura McConwell, Mayor, City of Mission, City Hall, 6090 Woodson Road, Mission, KS 66202	February 8, 2012	200170
Idaho: Bonneville	Unincorporated areas of Bonneville County (11-10-1238P)	August 30, 2011; September 6, 2011; The Post Register	Mr. Roger Christensen, Bonneville County Commissioner, 605 North Capital Avenue, Idaho Falls, ID 83402	August 17, 2011	160027
Indiana:
Marion	City of Beech Grove (11-05-6197P)	October 6, 2011; October 13, 2011; The Indianapolis Star	The Honorable Terry Dilk, Mayor, City of Beech Grove, 806 Main Street, Beech Grove, IN 46107	February 10, 2012	180158
Lake	City of Hammond (11-05-0942P)	September 9, 2011; September 16, 2011; The Northwest Indiana Times	The Honorable Thomas M. McDermott, Jr., Mayor, City of Hammond, 5925 Calumet Avenue, Hammond, IN 46320	August 26, 2011	180134
Lake	Town of Highland (11-05-0942P)	September 9, 2011; September 16, 2011; The Northwest Indiana Times	Mr. Brian Novak, President, Town of Highland, 3333 Ridge Road, Highland, IN 46322	August 26, 2011	185176
Lake	Town of Munster (11-05-0942P)	September 9, 2011; September 16, 2011; The Northwest Indiana Times	Mr. Thomas DeGiulio, Town of Munster Manager, 1005 Ridge Road, Munster, IN 46321	August 26, 2011	180139
Massachusetts: Plymouth	Town of Hingham (11-01-0786P)	September 22, 2011; September 29, 2011; The Hingham Journal	Mr. John A. Riley, Town of Hingham Board of Selectmen, Town Hall, 210 Central Street, Hingham, MA 02043	September 7, 2011	250268
Maine:
Cumberland	City of Portland (11-01-1058P)	October 11, 2011; October 18, 2011; The Portland Press Herald	The Honorable Nicholas Mavodones, Jr., Mayor, City of Portland, 389 Congress Street, Portland, ME 04101	September 27, 2011	230051
York	Town of Kittery (10-01-2103P)	September 27, 2011; October 4, 2011; The Portsmouth Herald	Mr. Jonathan Carter, Town of Kittery Manager, 200 Rogers Road Extension, Kittery, ME 03904	December 26, 2011	230171
New Mexico: Bernalillo	City of Albuquerque (11-06-0465P)	October 4, 2011; October 11, 2011; The Albuquerque Journal	The Honorable Richard J. Berry, Mayor, City of Albuquerque, 1 Civic Place, Albuquerque, NM 87102	September 27, 2011	350002
Ohio:
Franklin	Unincorporated areas of Franklin County (11-05-2052P)	September 7, 2011; September 14, 2011; The Daily Reporter	The Honorable Marilyn Brown, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215	January 12, 2012	390167
Franklin	City of Grove City (11-05-2052P)	September 7, 2011; September 14, 2011; The Daily Reporter	The Honorable Richard L. Stage, Mayor, City of Grove City, 4035 Broadway, Grove City, OH 43123	January 12, 2012	390173
Trumbull	Unincorporated areas of Trumbull County (11-05-6118P)	August 11, 2011; August 18, 2011; The Tribune Chronicle	The Honorable Daniel E. Polivka, President, Trumbull County Commissioners, 160 High Street Northwest, Warren, OH 44481	July 29, 2011	390535
Trumbull	Village of Lordstown (11-05-6118P)	August 11, 2011; August 18, 2011; The Tribune Chronicle	The Honorable Michael Chaffee, Mayor, Village of Lordstown, 1455 Salt Springs Road, Lordstown, OH 44481	July 29, 2011	390812
Pennsylvania:
Adams	Township of Franklin (11-03-0400P)	July 19, 2011; July 26, 2011; The Gettysburg Times	The Honorable Daniel Fetter, Chairman, Township of Franklin Board of Supervisors, 55 Scott School Road, Cashtown, PA 17310	November 23, 2011	421250
Chester	Town of Caln (11-03-0270P)	August 26, 2011; September 2, 2011; The Daily Local News	The Honorable William Chambers, President, Township of Caln, 253 Municipal Drive, Thorndale, PA 19372	January 3, 2012	422247
Delaware	Township of Haverford (11-03-1170P)	August 3, 2011; August 10, 2011; The Daily Times	The Honorable William F. Wechsler, President, Township of Haverford Board of Commissioners, 2325 Darby Road, Havertown, PA 19083	December 8, 2011	420417
Montgomery	Township of Lower Merion (10-03-0696P)	September 15, 2011; September 22, 2011; The Main Line Times	The Honorable Elizabeth S. Rogan, President, Township of Lower Merion Board of Commissioners, 75 East Lancaster Avenue, Ardmore, PA 19003	December 30, 2010	420701
Puerto Rico: Puerto Rico	Commonwealth of Puerto Rico (10-02-1774P)	August 9, 2011; August 16, 2011; El Nuevo Dia	The Honorable Luis G. Fortuño, Governor, Commonwealth of Puerto Rico, Calle Fortaleza #63, San Juan, PR 00901	August 2, 2011	720000
Texas:
Bell	City of Temple (10-06-3631P)	September 27, 2011; October 4, 2011; The Temple Daily Telegram	The Honorable William A. Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501	February 1, 2012	480034
Bexar	City of San Antonio (11-06-1217P)	September 27, 2011; October 4, 2011; The San Antonio Express-News	The Honorable Julián Castro, Mayor, City of San Antonio, 100 Military Plaza, San Antonio, TX 78205	September 20, 2011	480045
Bexar	City of San Antonio (11-06-1853P)	October 6, 2011; October 13, 2011; The San Antonio Express-News	The Honorable Julián Castro, Mayor, City of San Antonio, 100 Military Plaza, San Antonio, TX 78205	February 10, 2012	480045
Collin	City of McKinney (11-06-0938P)	October 5, 2011; October 12, 2011; The McKinney Courier-Gazette	The Honorable Brian Loughmiller, Mayor, City of McKinney, 222 North Tennessee Street, McKinney, TX 75069	February 9, 2012	480135
Collin	City of Richardson (11-06-2276P)	October 4, 2011; October 11, 2011; The Dallas Morning News	The Honorable Bob Townsend, Mayor, City of Richardson, 411 West Arapaho Road, Richardson, TX 75080	February 8, 2012	480184
Johnson and Tarrant	City of Burleson (11-06-2791P)	October 12, 2011; October 19, 2011; The Burleson Star	The Honorable Ken Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028	February 16, 2012	485459
Medina	City of Castroville (11-06-0606P)	October 6, 2011; October 13, 2011; The Castroville News Bulletin	The Honorable Robert Lee, Mayor, City of Castroville, 1209 Fiorella Street, Castroville, TX 78009	October 28, 2011	480932
Montgomery	City of Montgomery (10-06-1397P)	October 4, 2011; October 11, 2011; The Conroe Courier	The Honorable John Fox, Mayor, City of Montgomery, 101 Old Plantersville Road, Montgomery, TX 77356	October 27, 2011	481483
Tarrant	City of Arlington (10-06-3532P)	September 2, 2011; September 9, 2011; The Fort Worth Star-Telegram	The Honorable Dr. Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76010	January 9, 2012	485454
Tarrant	City of Arlington (10-06-3286P)	September 15, 2011; September 22, 2011; The Fort Worth Star-Telegram	The Honorable Dr. Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76010	January 20, 2012	485454
Tarrant	City of Dalworthington Gardens (10-06-3532P)	September 2, 2011; September 9, 2011; The Fort Worth Star-Telegram	The Honorable Michael R. Tedder, Mayor, City of Dalworthington Gardens, 2600 Roosevelt Drive, Dalworthington Gardens, TX 76016	January 9, 2012	481013
Tarrant	City of Fort Worth (11-06-2791P)	October 12, 2011; October 19, 2011; The Fort Worth Star-Telegram	The Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	February 16, 2012	480596
Tarrant	City of White Settlement (11-06-1375P)	September 28, 2011; October 5, 2011; The Grizzly Detail Newspaper	The Honorable Jerry R. Burns, Mayor, City of White Settlement, 214 Meadow Park Drive, White Settlement, TX 76108	September 21, 2011	480617
Virginia:
Fauquier	Unincorporated areas of Fauquier County (11-03-0275P)	July 27, 2011; August 3, 2011; The Fauquier Times-Democrat	The Honorable Raymond E. Graham, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186	December 1, 2011	510055
Loudoun	Unincorporated areas of Loudoun County (10-03-0387P)	October 27, 2010; November 3, 2010; The Loudoun Times-Mirror	The Honorable Scott K. York, Chairman at Large, Loudoun County Board of Supervisors, 1 Harrison Street Southeast, 5th Floor, Leesburg, VA 20177	October 19, 2010	510090
Prince William	Unincorporated areas of Prince William County (11-03-0494P)	September 14, 2011; September 21, 2011; The News & Messenger	The Honorable Corey A. Stewart, Chairman at Large, Prince William County Board of Supervisors, 1 County Complex Court, Prince William, VA 22192	January 19, 2012	510119
Wisconsin: Brown	Unincorporated areas of Brown County (11-05-2704P)	September 15, 2011; September 22, 2011; The Greenbay Press-Gazette	The Honorable Guy Zima, Chairman, Brown County Board, 305 East Walnut Street, Green Bay, WI 54301	January 20, 2012	550020

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

Dated: December 5, 2011.

Sandra K. Knight,

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