Changes in Flood Elevation Determinations
Federal Register: April 9, 2010 (Volume 75, Number 68)
Rules and Regulations
Page 18090-18091
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr09ap10-21
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 65
Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1116
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 18091
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 BFE changes 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.
New York: Suffolk................. Town of Southampton
March 4, 2010; March The Honorable Anna Throne- August 19, 2010................
365342
(09-02-1473P).
11, 2010;
Holst, Southampton Town
Southampton Press.
Board Supervisor, 116
Hampton Road,
Southampton, NY 11968.
Pennsylvania: York................ Township of Dover (09- March 5, 2010; March Mr. Curtis Kann,
February 26, 2010..............
420920 03-1919P).
12, 2010; York
Chairperson, Township of
Daily Record.
Dover Board of
Supervisors, 2480 West
Canal Road, Dover, PA 17315.
Texas:
Collin........................ City of Allen (09-06- November 6, 2009;
The Honorable Stephen
October 28, 2009...............
480131 3028P).
November 13, 2009;
Terrell, Mayor, City of
McKinney Courier-
Allen, 305 Century
Gazette.
Parkway, Allen, TX 75013.
Collin........................ City of McKinney (09- November 6, 2009;
The Honorable Brian
October 28, 2009...............
480135 06-3028P).
November 13, 2009;
Loughmiller, Mayor, City
McKinney Courier-
of McKinney, 222 North
Gazette.
Tennessee Street, P.O.
Box 517, McKinney, TX 75069.
Travis........................ City of Austin (09-06- March 10, 2010;
The Honorable Lee
July 15, 2010..................
480624 3398P).
March 17, 2010;
Leffingwell, Mayor, City
Austin American-
of Austin, P.O. Box
Statesman.
1088, Austin, TX 78767.
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: March 24, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2010-8047 Filed 4-8-10; 8:45 am
BILLING CODE 9110-12-P
