Changes in Flood Elevation Determinations

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Federal Register: May 25, 2010 (Volume 75, Number 100)

Rules and Regulations

Page 29210-29211

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr25my10-11

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 65

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1118

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,

(202) 646-2820, or (e-mail) kevin.long@dhs.gov.

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. 0

Accordingly, 44 CFR part 65 is amended to read as follows:

Page 29211

PART 65--[AMENDED] 0 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.

Sec. 65.4 [Amended] 0 2. The tables published under the authority of Sec. 65.4 are amended as follows:

Date and name of

State and county

Location and case No.

newspaper where

Chief executive officer Effective date of modification Community notice was published

of community

No.

Arizona:

Maricopa...................... City of Surprise..... March 11, 2010;

The Honorable Lyn Truitt, February 25, 2010..............

040053

(09-09-2388P)........ March 18, 2010;

Mayor, City of Surprise,

Arizona Business

16000 North Civic Center

Gazette.

Plaza, Surprise, AZ 85374.

Maricopa...................... Unincorporated areas March 11, 2010;

The Honorable Andrew W.

February 25, 2010..............

040037 of Maricopa County.

March 18, 2010;

Kunasek, Chairman,

(09-09-2388P)........ Arizona Business

Maricopa County Board of

Gazette.

Supervisors, 301 West

Jefferson Street, 10th

Floor, Phoenix, AZ 85003.

Florida:

Alachua....................... Unincorporated areas March 16, 2010;

The Honorable Cynthia

February 26, 2010..............

120001 of Alachua County.

March 22, 2010; The Moore Chestnut,

(09-04-5275P)........ Gainesville Sun.

Chairman, Alachua County

Board of Commissioners,

P.O. Box 2877,

Gainesville, FL 32602.

Duvall........................ City of Jacksonville. March 5, 2010; March The Honorable John

July 9, 2010...................

120077

(10-04-1198P)........ 12, 2010;

Peyton, Mayor, City of

Jacksonville Daily

Jacksonville, 117 West

Record.

Duval Street,

Jacksonville, FL 32202.

Monroe........................ Unincorporated areas March 8, 2010; March The Honorable Sylvia

February 26, 2010..............

125129 of Monroe County.

15, 2010; Key West

Murphy, Mayor, Monroe

(09-04-8247P)........ Citizen.

County, 102050 Overseas

Highway, Suite 234, Key

Largo, FL 33037.

Seminole...................... City of Lake Mary.... March 5, 2010; March The Honorable David

February 24, 2010..............

120416

(10-04-0356P)........ 12, 2010; Orlando

Mealor, Mayor, City of

Sentinel.

Lake Mary, P.O. Box 958445, Lake Mary, FL 32795.

Idaho: Teton...................... Unincorporated areas February 18, 2010;

The Honorable Larry

June 25, 2010..................

160230 of Teton County.

February 25, 2010;

Young, Chairman, Teton

(09-10-0567P)........ Teton Valley News.

County Board of

Commissioners, 150

Courthouse Drive,

Driggs, ID 83422.

Kansas: Johnson................... City of Overland Park March 10, 2010;

The Honorable Carl

February 26, 2010..............

200174

(09-07-1561P)........ March 17, 2010; The Gerlach, Mayor, City of

Johnson County Sun. Overland Park, 8500

Santa Fe Drive, Overland

Park, KS 66212.

Kentucky: Lexington-Fayette Urban Lexington-Fayette

March 15, 2010;

The Honorable Jim

March 29, 2010.................

210067

County Government.

Urban County

March 22, 2010;

Newberry, Mayor,

Government.

Lexington Herald-

Lexington-Fayette Urban

(09-04-6917P)........ Leader.

County, Government, 200

East Main Street, 12th

Floor, Lexington, KY 40507.

North Carolina: Durham............ City of Durham....... February 24, 2010;

The Honorable William V. July 1, 2010...................

370086

(08-04-3771P)........ March 3, 2010; The

Bell, Mayor, City of

Herald Sun.

Durham, 101 City Hall

Plaza, Durham, NC 27701.

Texas:

Comal and Guadalupe........... City of Schertz...... March 11, 2010;

The Honorable Hal

July 16, 2010..................

480269

(09-06-2056P)........ March 18, 2010;

Baldwin, Mayor, City of

Northeast Herald.

Schertz, 1400 Schertz

Parkway, Schertz, TX 78154.

Comal and Guadalupe........... City of Selma........ March 11, 2010;

The Honorable Jim Parma, July 16, 2010..................

480046

(09-06-2056P)........ March 18, 2010;

Mayor, City of Selma,

Northeast Herald.

9375 Corporate Drive,

Selma, TX 78154.

Gregg......................... City of Longview..... March 5, 2010; March The Honorable Jay Dean,

July 12, 2010..................

480264

(09-06-1728P)........ 12, 2010; Longview

Mayor, City of Longview,

News-Journal.

P.O. Box 1952, Longview,

TX 75606.

Tarrant....................... City of Hurst........ December 18, 2008;

The Honorable Richard

April 26, 2010.................

480601

(09-06-2085P)........ December 25, 2009;

Ward, Mayor, City of

Star-Telegram.

Hurst, 1505 Precinct

Line Road, Hurst, TX 76054.

Virginia: Loudoun................. Unincorporated areas March 10, 2010;

The Honorable Scott K.

March 22, 2010.................

510090 of Loudoun County.

March 17, 2010;

York, Chairman, Loudoun

(09-03-1375P)........ Loudoun Times-

County, P.O. Box 7000,

Mirror.

Leesburg, VA 20177.

(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.

FR Doc. 2010-12484 Filed 5-24-10; 8:45 am

BILLING CODE 9110-12-P

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