
[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78615-78617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31516]


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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-1141]


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: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-4064, or (e-mail) luis.rodriguez1@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 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:

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                                                              Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer of    Effective date of       Community  No.
                                                            notice was published           community               modification
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Arizona: Maricopa.................  Unincorporated areas   June 10, 2010, June    The Honorable Don Stapley,  October 15, 2010.....  040037
                                     of Maricopa County.    17, 2010, Arizona      Chairman, Maricopa County
                                    (09-09-1387P)........   Business Gazette.      Board of Supervisors, 301
                                                                                   West Jefferson Street,
                                                                                   10th Floor, Phoenix, AZ
                                                                                   85003.
Colorado: Arapahoe................  City of Aurora.......  June 3, 2010, June     The Honorable Ed Tauer,     October 8, 2010......  080002
                                    (10-08-0421P)........   10, 2010, Aurora       Mayor, City of Aurora,
                                                            Sentinel.              15151 East Alameda
                                                                                   Parkway, Aurora, CO 80012.
Colorado: Boulder.................  City of Boulder......  June 10, 2010, June    The Honorable Susan         October 15, 2010.....  080024
                                    (10-08-0267P)........   17, 2010, The Daily    Osborne, Mayor, City of
                                                            Camera.                Boulder, P.O. Box 791,
                                                                                   Boulder, CO 80306.

[[Page 78616]]

 
Colorado: Boulder.................  Unincorporated areas   June 10, 2010, June    The Honorable Cindy         October 15, 2010.....  080023
                                     of Boulder County.     17, 2010, The Daily    Domenico, Chair, Boulder
                                    (10-08-0267P)........   Camera.                County Board of
                                                                                   Commissioners, P.O. Box
                                                                                   471, Boulder, CO 80306.
Florida: Charlotte................  Unincorporated areas   May 28, 2010, June 4,  The Honorable Bob Starr,    October 4, 2010......  120061
                                     of Charlotte County.   2010, Charlotte Sun.   Chairman, Charlotte
                                    (10-04-1461P)........                          County Board of
                                                                                   Commissioners, 18500
                                                                                   Murdock Circle, Port
                                                                                   Charlotte, FL 33948.
Florida: Collier..................  City of Naples.......  June 4, 2010, June     The Honorable Bill          May 21, 2010.........  125130
                                    (10-04-3471P)........   11, 2010, Naples       Barnett, Mayor, City of
                                                            Daily News.            Naples, 735 8th Street
                                                                                   South, Naples, FL 34102.
Florida: Sarasota.................  City of Sarasota.....  June 4, 2010, June     The Honorable Kelly M.      May 26, 2010.........  125150
                                    (10-04-3887P)........   11, 2010, Sarasota     Kirschner, Mayor, City of
                                                            Herald-Tribune.        Sarasota, 1565 1st
                                                                                   Street, Sarasota, FL
                                                                                   34236.
Georgia: Polk.....................  City of Cedartown....  April 22, 2010, April  The Honorable Larry Odom,   August 27, 2010......  130153
                                    (09-04-0250P)........   29, 2010, The          Chairman, City of
                                                            Cedartown Standard.    Cedartown Board of
                                                                                   Commissioners, 201 East
                                                                                   Avenue, Cedartown, GA
                                                                                   30125.
Hawaii: Hawaii....................  Unincorporated areas   June 10, 2010, June    The Honorable William P.    October 15, 2010.....  155166
                                     of Hawaii County.      17, 2010, Hawaii       Kenoi, Mayor, Hawaii
                                    (09-09-2120P)........   Tribune-Herald.        County, 25 Aupuni Street,
                                                                                   Hilo, HI 96720.
Kansas: Johnson...................  City of Fairway......  June 9, 2010, June     The Honorable Jerry Wiley,  May 28, 2010.........  205185
                                    (09-07-1447P)........   16, 2010, The          Mayor, City of Fairway,
                                                            Johnson County Sun.    4210 Shawnee Mission
                                                                                   Parkway, Suite 100,
                                                                                   Fairway, KS 66205.
Louisiana: Tangipahoa.............  Unincorporated areas   June 4, 2010, June     The Honorable Gordon        July 23, 2010........  220206
                                     of Tangipahoa Parish.  11, 2010, Hammond      Burgess, President,
                                    (09-06-2518P)........   Daily Star.            Tangipahoa Parish, 206
                                                                                   East Mulberry Street,
                                                                                   Amite, LA 70422.
Missouri: St. Louis...............  City of Des Peres....  June 10, 2010, June    The Honorable Richard G.    October 15, 2010.....  290347
                                    (09-07-0141P)........   17, 2010, The          Lahr, Mayor, City of Des
                                                            Countian.              Peres, 12325 Manchester
                                                                                   Road, Des Peres, MO 63131.
New Mexico: Bernalillo............  Unincorporated areas   May 26, 2010, June 2,  The Honorable Deanna A.     September 30, 2010...  350001
                                     of Bernalillo County.  2010, Albuquerque      Archuleta, Chair,
                                    (10-06-1078P)........   Journal.               Bernalillo County Board
                                                                                   of Commissioners, One
                                                                                   Civic Plaza Northwest,
                                                                                   10th Floor, Albuquerque,
                                                                                   NM 87102.
New York: Westchester.............  Village of Mamaroneck  April 26, 2010, May    The Honorable Norman S.     October 19, 2010.....  360916
                                    (10-02-0098P)........   3, 2010, The Journal   Rosenblum, Mayor, Village
                                                            News.                  of Mamaroneck, 123
                                                                                   Mamaroneck Avenue,
                                                                                   Mamaroneck, NY 10543.
North Carolina: Guilford..........  City of Greensboro...  May 27, 2010, June 3,  The Honorable William H.    October 1, 2010......  375351
                                    (09-04-4869P)........   2010, Greensboro       Knight, Mayor, City of
                                                            News and Record.       Greensboro, P.O. Box
                                                                                   3136, Greensboro, NC
                                                                                   27402.
North Carolina: Orange............  Town of Carrboro.....  June 4, 2010, June     The Honorable Mark          October 12, 2010.....  370275
                                    (09-04-5619P)........   11, 2010, Chapel       Chilton, Mayor, Town of
                                                            Hill Herald.           Carrboro, 301 West Main
                                                                                   Street, Carrboro, NC
                                                                                   27510.
Texas: Collin.....................  City of Dallas.......  May 25, 2010, June 1,  The Honorable Tom Leppert,  May 17, 2010.........  480171
                                    (10-06-1626P)........   2010, Dallas Morning   Mayor, City of Dallas,
                                                            News.                  1500 Marilla Street, Room
                                                                                   5EN, Dallas, TX 75201.
Texas: Harris.....................  City of Houston......  May 25, 2010, June 1,  The Honorable Annise D.     September 29, 2010...  480296
                                    (09-06-3048P)........   2010, The Houston      Parker, Mayor, City of
                                                            Chronicle.             Houston, P.O. Box 1562,
                                                                                   Houston, TX 77251.
Texas: Jefferson..................  City of Beaumont.....  June 10, 2010, June    The Honorable Becky Ames,   October 15, 2010.....  485457
                                    (09-06-2516P)........   17, 2010, Beaumont     Mayor, City of Beaumont,
                                                            Enterprise.            801 Main Street, Suite
                                                                                   205, Beaumont, TX 77704.
Virginia: Frederick...............  City of Winchester...  April 29, 2010, May    The Honorable Elizabeth     April 22, 2010.......  510173
                                    (10-03-0692P)........   6, 2010, The           Minor, Mayor, City of
                                                            Winchester Star.       Winchester, 15 North
                                                                                   Cameron Street,
                                                                                   Winchester, VA 22601.
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[[Page 78617]]

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

    Dated: December 3, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-31516 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-12-P


