Changes in Flood Elevation Determinations
Federal Register: April 9, 2010 (Volume 75, Number 68)
Rules and Regulations
Page 18088-18090
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr09ap10-20
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Docket ID FEMA-2010-000; Internal Agency Docket No. FEMA-B-1090
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.
Page 18089
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 (email) 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:
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.
Arkansas: Pulaski................. City of Little Rock
November 10, 2009;
The Honorable Mark
March 17, 2010.................
050181
(09-06-1629P).
November 17, 2009;
Stodola, Mayor, City of
Arkansas Democrat-
Little Rock, 500 West
Gazette.
Markham, Suite 203,
Little Rock, AR 72201.
California: Riverside............. City of Corona (09-09- November 10, 2009;
The Honorable Steve
March 17, 2010.................
060250 0491P).
November 17, 2009;
Nolan, Mayor, City of
Press-Enterprise.
Corona, 400 South
Vincentia Avenue,
Corona, CA 92882.
Colorado:
Weld.......................... Town of Erie (09-08- October 30, 2009;
The Honorable Andrew J.
March 6, 2010..................
080181 0608P).
November 6, 2009;
Moore, Mayor, Town of
Greeley Tribune.
Erie, 645 Holbrook
Street, Erie, CO 80516.
Weld.......................... Unincorporated areas October 30, 2009;
The Honorable Bill
March 6, 2010..................
080266 of Weld County (09-
November 6, 2009;
Garcia, Chairman, Weld 08-0608P).
Greeley Tribune.
County Board of
Commissioners, 915 10th
Street, Greeley, CO 80632.
Georgia:
Catoosa....................... Unincorporated areas November 11, 2009;
The Honorable Keith
March 18, 2010.................
130028 of Catoosa County
November 18, 2009;
Greene, Chairman,
(09-04-1746P).
Catoosa County News. Catoosa County Board of
Commissioners, 800
Lafayette Street,
Ringgold, GA 30736.
Harris........................ Unincorporated areas October 22, 2009;
The Honorable J. Harry
February 26, 2010..............
130338 of Harris County (09- October 29, 2009;
Lange, Chairman, Harris 04-6111P).
Harris County
County Board of
Journal.
Commissioners, P.O. Box 365, Hamilton, GA 31811.
Illinois: Will.................... Village of
November 5, 2009;
The Honorable Roger C.
March 12, 2010.................
170812
Bolingbrook (10-05-
November 12, 2009;
Claar, Mayor, Village of 0103P).
Bolingbrook Bugle.
Bolingbrook, 375 West
Briarcliff Road,
Bolingbrook, IL 60440.
Kentucky: Warren.................. City of Bowling Green November 10, 2009;
The Honorable Elaine
October 30, 2009...............
210219
(10-04-0070P).
November 17, 2009;
Walker, Mayor, City of
Daily News.
Bowling Green, P.O. Box 430, Bowling Green, KY 42101.
Maryland: Carroll................. City of Westminster
November 16, 2009;
The Honorable Kevin R.
March 23, 2010.................
240018
(09-03-0356P).
November 23, 2009;
Utz, Mayor, City of
Carroll County
Westminster, 1838
Times.
Emerald Hill Lane,
Westminster, MD 21157.
Michigan: Oakland................. City of Southfield
November 10, 2009;
The Honorable Brenda L.
March 17, 2010.................
260179
(10-05-0105P).
November 17, 2009;
Lawrence, Mayor, City of
Oakland Press.
Southfield, 26000
Evergreen Road,
Southfield, MI 48076.
Page 18090
Nebraska: Saunders................ City of Ashland (09- November 5, 2009;
The Honorable Paul
March 12, 2010.................
310196 07-2079P).
November 12, 2009;
Lienke, Mayor, City of
Ashland Gazette.
Ashland, 2304 Silver
Street, Ashland, NE 68003.
Pennsylvania:
Dauphin....................... Township of Lower
November 9, 2009;
The Honorable William
March 16, 2010.................
420384
Paxton (09-03-1723P). November 16, 2009;
Hawk, Chairman, Board of
Patriot News.
Supervisors, Lower
Paxton Township, 425
Prince Street,
Harrisburg, PA 17109.
Tennessee:
Rutherford.................... City of Murfreesboro October 28, 2009;
The Honorable Thomas
March 4, 2010..................
470168
(09-04-0707P).
November 4, 2009;
Bragg, Mayor, City of
Daily News Journal. Murfreesboro, 111 West
Vine Street,
Murfreesboro, TN 37130.
Rutherford.................... Unincorporated areas October 28, 2009;
The Honorable Ernest G.
March 4, 2010..................
470165 of Rutherford County November 4, 2009;
Burgess, Mayor,
(09-04-0707P).
Daily News Journal. Rutherford County, 20
North Public Square,
Room 101, Murfreesboro,
TN 37130.
Texas:
Bexar......................... City of San Antonio
November 6, 2009;
The Honorable Julian
November 23, 2009..............
480045
(09-06-0484P).
November 13, 2009;
Castro, Mayor, City of
Daily Commercial
San Antonio, P.O. Box
Recorder.
839966, San Antonio, TX 78283.
Bexar......................... City of San Antonio
November 5, 2009;
The Honorable Julian
March 12, 2010.................
480045
(09-06-1554P).
November 12, 2009;
Castro, Mayor, City of
Daily Commercial
San Antonio, P.O. Box
Recorder.
839966, San Antonio, TX 78283.
Collin........................ City of Allen (09-06- November 12, 2009;
The Honorable Stephen
March 19, 2010.................
480131 0276P).
November 19, 2009;
Terrell, Mayor, City of
Allen American.
Allen, 305 Century
Parkway, Allen, TX 75013.
Collin........................ City of Plano (09-06- November 12, 2009;
The Honorable Phil Dyer, March 19, 2010.................
480140 0276P).
November 19, 2009;
Mayor, City of Plano,
Plano Star Courier. 1520 Avenue K, Plano, TX 75074.
Dallas........................ City of Garland (09- November 6, 2009;
The Honorable Ronald E.
March 13, 2010.................
485471 06-0866P).
November 13, 2009;
Jones, Mayor, City of
Dallas Morning News. Garland, P.O. Box 469002, Garland, TX 75046.
Dallas........................ City of Glenn Heights July 10, 2009; July The Honorable Clark
November 16, 2009..............
481265
(09-06-2323P).
17, 2009; Focus
Choate, Mayor, City of
Daily News.
Glenn Heights, 1938
South Hampton Road,
Glenn Heights, TX 75154.
Virginia:
City of Hampton............... City of Hampton (09- November 9, 2009;
The Honorable Molly
March 16, 2009.................
515527 03-0030P).
November 16, 2009;
Joseph Ward, Mayor, City
Daily Press.
of Hampton, 22 Lincoln
Street, 8th Floor,
Hampton, VA 23669.
City of Newport News.......... City of Newport News November 9, 2009;
The Honorable Joe S.
March 16, 2009.................
510103
(09-03-0030P).
November 16, 2009;
Frank, Mayor, City of
Daily Press.
Newport News, 2400
Washington Avenue,
Newport News, VA 23607.
York.......................... Unincorporated areas November 9, 2009;
The Honorable Walter
March 16, 2009.................
510182 of York County (09-
November 16, 2009;
Zaremba, Chairman, York 03-0030P).
Daily Press.
County Board of
Supervisors, 224 Ballard
Street, Yorktown, VA 23690.
Wyoming:
Natrona....................... City of Casper (09-08- November 12, 2009;
The Honorable Kenyne
October 30, 2009...............
560037 0351P).
November 19, 2009;
Schlager, Mayor, City of
Casper Star-Tribune. Casper, 200 North David
Street, Casper, WY 82601.
Natrona....................... Unincorporated areas November 12, 2009;
The Honorable Robert
October 30, 2009...............
560036 of Natrona County
November 19, 2009;
Hendry, Chairman,
(09-08-0351P).
Casper Star-Tribune. Natrona County Board of
Commissioners, 200 North
Center Street, Room 115
Casper, WY 82601.
(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. 2010-8042 Filed 4-8-10; 8:45 am
BILLING CODE 9110-12-P