
[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Rules and Regulations]               
[Page 18074-18076]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap10-14]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1086]

 
Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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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

[[Page 18075]]

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:

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                                                             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.
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Alabama: Tuscaloosa...............  City of Tuscaloosa     October 12, 2009;     The Honorable Walter       February 16, 2010..............       010203
                                     (09-04-2835P).         October 19, 2009;     Maddox, Mayor, City of
                                                            Tuscaloosa News.      Tuscaloosa, P.O. Box
                                                                                  2089, Tuscaloosa, AL
                                                                                  35401.
Arizona: Pinal....................  Unincorporated areas   October 6, 2009;      The Honorable Lionel D.    September 24, 2009.............       040077
                                     of Pinal County (09-   October 13, 2009;     Ruiz, Chairman, Pinal
                                     09-0732P).             Casa Grande           County Board of
                                                            Dispatch.             Supervisors, P.O. Box
                                                                                  827, Florence, AZ 85232.
Arkansas: Benton..................  City of Rogers (08-06- October 6, 2009;      The Honorable Steven A.    February 10, 2010..............       050013
                                     2995P).                October 13, 2009;     Womack, Mayor, City of
                                                            Morning News.         Rogers, 301 West
                                                                                  Chestnut Street, Rogers,
                                                                                  AR 72756.
Colorado:
    Adams.........................  Unincorporated areas   October 8, 2009;      The Honorable Larry W.     February 12, 2010..............       080001
                                     of Adams County (09-   October 15, 2009;     Pace, Chairman, Adams
                                     08-0729P).             Northglenn-Thornton   County Board of
                                                            Sentinel.             Commissioners, 450 South
                                                                                  4th Avenue, Brighton, CO
                                                                                  80601.
    Adams.........................  City of Commerce City  October 8, 2009;      The Honorable Paul         February 12, 2010..............       080006
                                     (09-08-0729P).         October 15, 2009;     Natale, Mayor, City of
                                                            Northglenn-Thornton   Commerce City, 7887 East
                                                            Sentinel.             60th Avenue, Commerce
                                                                                  City, CO 80022.
    Denver........................  City and County of     October 8, 2009;      The Honorable John W.      February 12, 2010..............       080046
                                     Denver (09-08-0512P).  October 15, 2009;     Hickenlooper, Mayor,
                                                            Denver Post.          City and County of
                                                                                  Denver, 1437 Bannock
                                                                                  Street, Suite 350,
                                                                                  Denver, CO 80202.
    Denver........................  City and County of     October 8, 2009;      The Honorable John W.      February 12, 2010..............       080046
                                     Denver (09-08-0729P).  October 15, 2009;     Hickenlooper, Mayor,
                                                            Denver Post.          City and County of
                                                                                  Denver, 1437 Bannock
                                                                                  Street, Suite 350,
                                                                                  Denver, CO 80202.
Connecticut: New London...........  Town of Colchester     October 9, 2009;      The Honorable Linda        February 15, 2010..............       090095
                                     (09-01-1230P).         October 16, 2009;     Hodge, First Selectman,
                                                            Hartford Courant.     Town of Colchester, 127
                                                                                  Norwich Avenue,
                                                                                  Colchester, CT 06415.
Georgia: Cobb.....................  Unincorporated areas   October 9, 2009;      The Honorable Samuel S.    February 15, 2010..............       130052
                                     of Cobb County (09-    October 16, 2009;     Olens, Chairman, Cobb
                                     04-1602P).             Marietta Daily        County Board of
                                                            Journal.              Commissioners, 100
                                                                                  Cherokee Street,
                                                                                  Marietta, GA 30090.
Illinois: Will....................  Unincorporated areas   October 7, 2009;      The Honorable Lawrence M.  September 23, 2009.............       170695
                                     of Will County (09-    October 14, 2009;     Walsh, Will County
                                     05-3054P).             Herald News.          Executive, 302 North
                                                                                  Chicago Street, Joliet,
                                                                                  IL 60432.
North Carolina:
    Craven........................  Unincorporated areas   October 7, 2009;      Mr. Harold Blizzard,       February 11, 2010..............       370072
                                     of Craven County (09-  October 14, 2009;     Craven County Manager,
                                     04-6122P).             Sun Journal.          406 Craven Street, New
                                                                                  Bern, NC 28560.
    Durham........................  City of Durham (08-04- August 27, 2009;      The Honorable William V.   January 4, 2010................       370086
                                     4999P).                September 3, 2009;    Bell, Mayor, City of
                                                            The Herald-Sun.       Durham, 101 City Hall
                                                                                  Plaza, Durham, NC 27701.
Tennessee:
    Williamson....................  City of Brentwood (08- October 8, 2009;      The Honorable Betsy        September 22, 2009.............       470205
                                     04-0312P).             October 15, 2009;     Crossley, Mayor, City of
                                                            Williamson A.M.       Brentwood, 5211 Maryland
                                                                                  Way, Brentwood, TN 37027.
    Williamson....................  City of Franklin (08-  October 8, 2009;      The Honorable John         September 22, 2009.............       470206
                                     04-0312P).             October 15, 2009;     Schroer, Mayor, City of
                                                            Williamson A.M.       Franklin, 109 3rd Avenue
                                                                                  South, Franklin, TN
                                                                                  37064.
Texas:
    Bexar.........................  Unincorporated areas   October 9, 2009;      The Honorable Nelson W.    February 15, 2010..............       480035
                                     of Bexar County (09-   October 16, 2009;     Wolff, Bexar County
                                     06-0765P).             Daily Commercial      Judge, 100 Dolorosa
                                                            Recorder.             Street, Suite 120, San
                                                                                  Antonio, TX 78205.
    Bexar.........................  City of San Antonio    October 9, 2009;      The Honorable Julian       February 15, 2010..............       480045
                                     (09-06-0765P).         October 16, 2009;     Castro, Mayor, City of
                                                            Daily Commercial      San Antonio, P.O. Box
                                                            Recorder.             839966, San Antonio, TX
                                                                                  78283.
    Brazos........................  City of Bryan (09-06-  October 8, 2009;      The Honorable D. Mark      February 12, 2010..............       480082
                                     1530P).                October 15, 2009;     Conlee, Mayor, City of
                                                            Bryan-College         Bryan, 300 South Texas
                                                            Station Eagle.        Avenue, Bryan, TX 77803.

[[Page 18076]]


    Dallas........................  City of Balch Springs  October 9, 2009;      The Honorable Carrie       February 15, 2010..............       480166
                                     (09-06-0149P).         October 16, 2009;     Gordon, PhD., Mayor,
                                                            Daily Commercial      City of Balch Springs,
                                                            Record.               3117 Hickory Tree Road,
                                                                                  Balch Springs, TX 75180.
    Harris........................  Unincorporated areas   October 12, 2009;     The Honorable Edward       February 16, 2010..............       480287
                                     of Harris County (09-  October 19, 2009;     Emmett, Harris County
                                     06-0531P).             Houston Chronicle.    Judge, 1001 Preston
                                                                                  Street, Suite 911,
                                                                                  Houston, TX 77002.
    Travis........................  City of Austin (09-06- October 12, 2009;     The Honorable Lee          February 16, 2010..............       480624
                                     1935P).                October 19, 2009;     Leffingwell, Mayor, City
                                                            Austin American       of Austin, P.O. Box
                                                            Statesman.            1088, Austin, TX 78767.
    Travis........................  City of Austin (09-06- October 12, 2009;     The Honorable Lee          September 30, 2009.............       480624
                                     2006P).                October 19, 2009;     Leffingwell, Mayor, City
                                                            Austin American       of Austin, P.O. Box
                                                            Statesman.            1088, Austin, TX 78767.
Virginia: Fairfax.................  Unincorporated areas   October 12, 2009;     The Honorable Sharon       February 16, 2010..............       515525
                                     of Fairfax County      October 19, 2009;     Bulova, Chairman,
                                     (09-03-0421P).         Washington Times.     Fairfax County Board of
                                                                                  Supervisors, 12000
                                                                                  Government Center
                                                                                  Parkway, Suite 530,
                                                                                  Fairfax, VA 22035.
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(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. 2010-8079 Filed 4-8-10; 8:45 am]
BILLING CODE 9110-12-P

