Changes in Flood Elevation Determinations

Federal Register: April 9, 2010 (Volume 75, Number 68)

Rules and Regulations

Page 18070-18072

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

DOCID:fr09ap10-11

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 65

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1081

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.

Page 18071

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:

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...................... Town of Buckeye (08- August 27, 2009;

The Honorable Jackie

August 10, 2009................

040039 09-0929P).

September 3, 2009;

Meck, Mayor, City of

Arizona Business

Buckeye, 1101 East Ash

Gazette.

Avenue, Buckeye, AZ 85326.

Maricopa...................... City of Goodyear (08- August 27, 2009;

The Honorable James M.

August 10, 2009................

040046 09-0929P).

September 3, 2009;

Cavanaugh, Mayor, City

Arizona Business

of Goodyear, 190 North

Gazette.

Litchfield Road,

Goodyear, AZ 85338.

Maricopa...................... Unincorporated areas August 27, 2009;

The Honorable Andrew W.

August 10, 2009................

040037 of Maricopa County

September 3, 2009;

Kunasek, Chairman,

(08-09-0929P).

Arizona Business

Maricopa County Board of

Gazette.

Supervisors, 301 West

Jefferson, 10th Floor,

Phoenix, AZ 85003.

Colorado:

Adams......................... City of Northglenn

August 27, 2009;

The Honorable Kathleen

August 20, 2009................

080257

(09-08-0457P).

September 3, 2009;

Novak, Mayor, City of

Northglenn Thornton Northglenn, 11701

Sentinel.

Community Center Drive,

Northglenn, CO 80233.

Adams......................... City of Thornton (09- August 27, 2009;

The Honorable Erik

August 20, 2009................

080007 08-0457P).

September 3, 2009;

Hansen, Mayor, City of

Northglenn Thornton Thornton, 9500 Civic

Sentinel.

Center Drive, Thornton,

CO 80229.

Arapahoe...................... Unincorporated areas August 24, 2009;

The Honorable Susan

December 29, 2009..............

080011 of Arapahoe County

August 31, 2009;

Beckman, Chair, Arapahoe

(09-08-0001P).

Denver Post.

County Board of

Commissioners, 5334

South Prince Street,

Littleton, CO 80166.

Florida: Lee...................... Unincorporated areas August 28, 2009;

The Honorable Ray Judah, January 4, 2009................

125124 of Lee County (09-04- September 4, 2009;

Chairman, Lee County 5099P).

News Press.

Board of Commissioners,

P.O. Box 398, Fort

Myers, FL 33902.

North Carolina:

Durham........................ Durham County

July 31, 2009;

Mr. Michael M. Ruffin,

July 24, 2009..................

370085

(Unincorporated

August 7, 2009; The Manager, Durham County,

Areas) (09-04-5688P). Herald-Sun.

200 East Main Street, 2nd Floor, Old

Courthouse, Durham, NC 27701.

Durham........................ City of Durham (09-04- July 31, 2009;

The Honorable William V. July 24, 2009..................

370086 5688P).

August 7, 2009; The Bell, Mayor, City of

Herald-Sun.

Durham, 101 City Hall

Plaza, Durham, NC 27701.

Oregon:

Umatilla...................... City of Stanfield (09- August 28, 2009;

The Honorable Thomas J.

August 17, 2009................

410213 10-0493P).

September 4, 2009;

McCann, Mayor, City of

East Oregonian.

Stanfield, P.O. Box 369,

Stanfield, OR 97875.

Umatilla...................... Unincorporated areas August 28, 2009;

The Honorable Larry

August 17, 2009................

410204 of Umatilla County

September 4, 2009;

Givens, Chairman,

(09-10-0493P).

East Oregonian.

Umatilla County Board of

Commissioners, 216

Southeast 4th Street,

Pendleton, OR 97801.

Texas:

Collin........................ Unincorporated areas August 20, 2009;

The Honorable Keith Self, November 25, 2009..............

480130 of Collin County (08- August 27, 2009;

Collin County Judge, 06-2363P).

Sachse News August 2300 Bloomdale Road, 19, 2009; August

Suite 4192, McKinney, TX 26, 2009; Wylie

75071.

News.

Collin........................ City of Sachse (08-06- August 20, 2009;

The Honorable Mike Felix, November 25, 2009..............

480186 2363P).

August 27, 2009;

Mayor, City of Sachse,

Sachse News.

5109 Peachtree Lane,

Sachse, TX 75048.

Collin........................ City of Wylie (08-06- August 19, 2009;

The Honorable Eric Hogue, November 25, 2009..............

480759 2363P).

August 26, 2009;

Mayor, City of Wylie,

Wylie News.

2000 State Highway 78

North, Wylie, TX 75098.

Webb.......................... Unincorporated areas August 7, 2009;

The Honorable Danny

December 14, 2009..............

481059 of Webb County (08-

August 14, 2009;

Valdez, Webb County 06-3105P).

Laredo Morning

Judge, 1000 Houston

Times.

Street, 3rd Floor,

Laredo, TX 78040.

Williamson.................... City of Cedar Park

August 13, 2009;

The Honorable Bob Lemon, December 18, 2009..............

481282

(08-06-2893P).

August 20, 2009;

Mayor, City of Cedar

Hill Country News.

Park, City Hall, 600

North Bell Boulevard,

Cedar Park, TX 78613.

Page 18072

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood

Insurance.'')

Dated: March 18, 2010.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Mitigation,

Department of Homeland Security, Federal Emergency Management Agency.

FR Doc. 2010-8041 Filed 4-8-10; 8:45 am

BILLING CODE 9110-12-P

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