Changes in Flood Elevation Determinations
Federal Register: May 25, 2010 (Volume 75, Number 100)
Rules and Regulations
Page 29199-29201
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr25my10-7
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1121
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:
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:
Page 29200
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.
Alabama: Madison.................. Unincorporated areas February 12, 2010;
The Honorable Mike
June 21, 2010..................
010151 of Madison County,
February 19, 2010;
Gillespie, Chairman,
(09-04-6850P).
Madison County
Madison County
Record.
Commission, Courthouse 700, 100 Northside
Square, Huntsville, AL 35801.
Arkansas: Crawford................ City of Alma, (09-06- February 10, 2010;
The Honorable John R.
January 28, 2010...............
050236 2913P).
February 17, 2010;
Ballentine, Mayor, City
Alma Journal.
of Alma, 804
Fayetteville Avenue,
Alma, AR 72921.
Colorado:
Arapahoe...................... City of Englewood,
February 25, 2010;
The Honorable Jim
February 18, 2010..............
085074
(10-08-0001P).
March 5, 2010; The
Woodward, Mayor, City of
Denver Post.
Englewood, 1000
Englewood Parkway,
Englewood, CO 80110.
Arapahoe...................... City of Sheridan, (10- February 25, 2010;
The Honorable Dallas
February 18, 2010..............
080018 08-0001P).
March 5, 2010; The
Hall, Mayor, City of
Denver Post.
Sheridan, 4101 South
Federal Boulevard,
Sheridan, CO 80110.
Eagle......................... Unincorporated areas January 28, 2010;
The Honorable Peter
June 4, 2010...................
080051 of Eagle County, (09- February 4, 2010;
Runyon, Chairman, Eagle 08-0907P).
The Eagle Valley
County Board of
Enterprise.
Commissioners, P.O. Box 850, Eagle, CO 81631.
Larimer....................... City of Fort Collins, February 8, 2010;
The Honorable Doug
February 24, 2010..............
080102
(09-08-0465P).
February 15, 2010;
Hutchinson, Mayor, City
Fort Collins
of Fort Collins, P.O.
Coloradoan.
Box 580, Fort Collins,
CO 80522.
Larimer....................... Unincorporated areas February 8, 2010;
The Honorable Steve
February 24, 2010..............
080101 of Larimer County,
February 15, 2010;
Johnson, Chair Pro Tem,
(09-08-0465P).
Fort Collins
Larimer County Board of
Coloradoan.
Commissioners, P.O. Box 1190, Fort Collins, CO 80522.
Florida:
Collier....................... City of Marco Island, February 19, 2010;
Mr. Stephen T. Thompson, February 9, 2010...............
120426
(09-04-7821P).
February 26, 2010;
City Manager, City of
Naples Daily News.
Marco Island, 50 Bald
Eagle Drive, Marco
Island, FL 34145.
Lee........................... City of Bonita
February 10, 2010;
The Honorable Ben L.
June 17, 2010..................
120680
Springs, (09-04-
February 17, 2010;
Nelson, Jr., Mayor, City 3113P).
Fort Myers News-
of Bonita Springs, 9101
Press.
Bonita Beach Road,
Bonita Springs, FL 34135.
Orange........................ Unincorporated areas January 28, 2010;
The Honorable Richard T. January 19, 2010...............
120179 of Orange County,
February 4, 2010;
Crotty, Mayor, Orange
(09-04-6911P).
Orlando Weekly.
County, 201 South
Rosalind Avenue, 5th
Floor, Orlando, FL 32801.
Polk.......................... Unincorporated areas February 10, 2010;
The Honorable Bob
June 17, 2010..................
120261 of Polk County, (09- February 17, 2010;
English, Chairman, Polk 04-5686P).
The Polk County
County Board of
Democrat.
Commissioners, P.O. Box 9005, Drawer BC01,
Bartow, FL 33831.
Georgia: Douglas.................. Unincorporated areas February 5, 2010;
The Honorable Tom
June 14, 2010..................
130306 of Douglas County,
February 12, 2010;
Worthan, Chairman,
(09-04-6891P).
Douglas County
Douglas County Board of
Sentinel.
Commissioners, 8700
Hospital Drive,
Douglasville, GA 30134.
Kentucky: Lexington-Fayette Urban Lexington-Fayette
February 12, 2010;
The Honorable Jim
June 21, 2010..................
210067
County Government.
Urban County
February 19, 2010;
Newberry, Mayor,
Government, (09-04-
Lexington Herald-
Lexington-Fayette Urban 2657P).
Leader.
County, Government, 200
East Main Street,
Lexington, KY 40507.
Missouri:
Cass.......................... City of Peculiar, (09- February 11, 2010;
The Honorable Ernie
June 18, 2010..................
290878 07-1059P).
February 18, 2010;
Jungmeyer, Mayor, City
The Journal.
of Peculiar, 908 Kendall
Road, Peculiar, MO 64078.
Cass.......................... Unincorporated areas February 11, 2010;
The Honorable Gary
June 18, 2010..................
290783 of Cass County, (09- February 18, 2010;
Mallory, Presiding 07-1059P).
The Journal.
Commissioner, Cass
County Commission, 102
East Wall Street,
Harrisonville, MO 64701.
New Mexico: Dona Ana.............. City of Las Cruces,
February 5, 2010;
The Honorable Ken
June 14, 2010..................
355332
(09-06-0638P).
February 12, 2010;
Miyagishima, Mayor, City
Las Cruces Sun-News. of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004.
North Carolina:
Cumberland.................... City of Fayetteville, February 5, 2010;
The Honorable Anthony G. June 14, 2010..................
370077
(09-04-2351P).
February 12, 2010;
Chavonne, Mayor, City of
Fayetteville
Fayetteville, 433 Hay
Observer.
Street, Fayetteville, NC 28301.
Durham........................ City of Durham, (09- February 5, 2010;
The Honorable William V. January 29, 2010...............
370086 04-4161P).
February 12, 2010;
Bell, Mayor, City of
The Herald-Sun.
Durham, 101 City Hall
Plaza, Durham, NC 27701.
Wake.......................... Town of Cary, (09-04- February 24, 2010;
The Honorable Harold
July 1, 2010...................
370238 4769P).
March 3, 2010; The
Weinbrecht, Mayor, Town
Cary News and The
of Cary, P.O. Box 8005,
News & Observer.
Cary, NC 27512.
Wake.......................... Town of Morrisville, February 24, 2010;
The Honorable Jan
July 1, 2010...................
370242
(09-04-4769P).
March 3, 2010; The
Faulkner, Mayor, Town of
News & Observer.
Morrisville, 100 Town
Hall Drive, Morrisville,
NC 27560.
Oregon: Linn...................... City of Millersburg, February 26, 2010;
The Honorable Clayton
July 2, 2010...................
410284
(09-10-0354P).
March 5, 2010;
Wood, Mayor, City of
Democrat-Herald.
Millersburg, 4222
Northeast Old Salem
Road, Albany, OR 97321.
Pennsylvania: Chester............. Township of West
January 29, 2010;
The Honorable Diane
January 21, 2010...............
420295
Whiteland, (09-03-
February 5, 2010;
Snyder, Chairman, West 1797P).
Daily Local News.
Whiteland Township Board of Supervisors, 101
Commerce Drive, Exton,
PA 19341.
Tennessee:
Page 29201
Hamilton...................... City of Chattanooga, February 12, 2010;
The Honorable Ron
January 29, 2010...............
470072
(09-04-3516P).
February 19, 2010;
Littlefield, Mayor, City
Chattanooga Times
of Chattanooga, 101 East
Free Press.
11th Street,
Chattanooga, TN 37402.
Maury......................... City of Spring Hill, January 29, 2010,
The Honorable Michael
February 19, 2010..............
470278
(09-04-2487P).
February 5, 2010,
Dinwiddie, Mayor, City
The Daily Herald.
of Spring Hill, P.O. Box 789, Spring Hill, TN 37174.
Texas:
Denton........................ City of Fort Worth,
December 14, 2009;
The Honorable Michael J. April 20, 2010.................
480596
(09-06-2866P).
December 21, 2009;
Moncrief, Mayor, City of
Fort Worth Star-
Fort Worth, 1000
Telegram.
Throckmorton Street,
Fort Worth, TX 76102.
Tarrant....................... City of North
December 14, 2009;
The Honorable T. Oscar
December 30, 2009..............
480607
Richland Hills, (09- December 21, 2009;
Trevino, Jr., P.E., 06-0903P).
Star-Telegram.
Mayor, City of North
Richland Hills, 7301
Northeast Loop 820,
North Richland Hills, TX 76180.
Utah: Weber....................... City of Ogden, (09-08- February 12, 2010;
The Honorable Matthew R. June 21, 2010..................
490189 0583P).
February 19, 2010;
Godfrey, Mayor, City of
Standard-Examiner.
Ogden, 2549 Washington
Boulevard, Suite 910,
Ogden, UT 84401.
Washington:
King.......................... City of Snoqualmie,
February 5, 2010;
The Honorable Matt
February 26, 2010..............
530090
(08-10-0665P).
February 12, 2010;
Larson, Mayor, City of
The Seattle Times.
Snoqualmie, P.O. Box 987, Snoqualmie, WA 98065.
King.......................... Unincorporated areas February 5, 2010;
The Honorable Dow
February 26, 2010..............
530071 of King County, (08- February 12, 2010;
Constantine, Chairman, 10-0665P).
The Seattle Times.
King County Board of
Commissioners, 516 3rd
Avenue, Room 1200,
Seattle, WA 98104.
Wisconsin: Waukesha............... Village of Elm Grove, January 14, 2010;
The Honorable Neil
February 5, 2010...............
550578
(09-05-5085P).
January 21, 2010;
Palmer, President,
Waukesha Freeman.
Village of Elm Grove, 13600 Juneau Boulevard,
Elm Grove, WI 53122.
Wyoming: Natrona.................. City of Casper, (08- February 11, 2010;
The Honorable Kenyne
June 18, 2010..................
560037 08-0742P).
February 18, 2010;
Schlager, Mayor, City of
Casper Star-Tribune. Casper, 200 North David
Street, Casper, WY 82601.
(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. 2010-12485 Filed 5-24-10; 8:45 am
BILLING CODE 9110-12-P
