
[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78613-78615]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31508]


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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-1165]


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 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:

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                                                              Date and name of
         State and county           Location and case No.     newspaper where      Chief executive  officer     Effective date of       Community  No.
                                                            notice was published         of community              modification
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Alabama: Calhoun..................  City of Oxford.......  October 22, 2010,      The Honorable Leon Smith,   February 28, 2011....  010023
                                    (10-04-2692P)........   October 29, 2010,      Mayor, City of Oxford,
                                                            The Anniston Star.     P.O. Box 3383, Oxford, AL
                                                                                   36203.
Alabama: Calhoun..................  Unincorporated areas   October 22, 2010,      Mr. Robert W. Downing,      February 28, 2011....  010013
                                     of Calhoun County.     October 29, 2010,      Calhoun County
                                    (10-04-2692P)........   The Anniston Star.     Commissioner, 1702 Noble
                                                                                   Street, Suite 103,
                                                                                   Anniston, AL 36201.
Arizona: Maricopa.................  Unincorporated areas   September 30, 2010,    Mr. Don Stapley, Chairman,  February 4, 2011.....  040037
                                     of Maricopa County.    October 7, 2010,       Maricopa County Board of
                                    (10-09-1720P)........   Arizona Business       Supervisors, 301 West
                                                            Gazette.               Jefferson Street,
                                                                                   Phoenix, AZ 85003.

[[Page 78614]]

 
Arizona: Yavapai..................  City of Prescott.....  October 8, 2010,       The Honorable Marlin        February 14, 2011....  040098
                                    (10-09-0220P)........   October 15, 2010,      Kuykendall, Mayor, City
                                                            The Daily Courier.     of Prescott, 201 South
                                                                                   Cortez Street, Prescott,
                                                                                   AZ 86303.
Arizona: Yavapai..................  Unincorporated areas   October 8, 2010,       Mr. Chip Davis, Chairman,   February 14, 2011....  040093
                                     of Yavapai County.     October 15, 2010,      Yavapai County Board of
                                    (10-09-0220P)........   The Daily Courier.     Supervisors, 10 South 6th
                                                                                   Street, Cottonwood, AZ
                                                                                   86326.
California: Placer................  City of Rocklin......  October 7, 2010,       The Honorable Scott Yuill,  February 11, 2011....  060242
                                    09-09-2897P).........   October 14, 2010,      Mayor, City of Rocklin,
                                                            The Placer Herald.     3970 Rocklin Road,
                                                                                   Rocklin, CA 95677.
California: San Diego.............  Unincorporated areas   October 22, 2010,      Ms. Pam Slater-Price,       November 18, 2010....  060284
                                     of San Diego County.   October 29, 2010,      Chairwoman, San Diego
                                    (10-09-2166P)........   San Diego Transcript.  County Board of
                                                                                   Supervisors, 1600 Pacific
                                                                                   Highway, Room 335, San
                                                                                   Diego, CA 92101.
California: Santa Clara...........  City of Milpitas.....  October 12, 2010,      The Honorable Robert        September 30, 2010...  060344
                                    (10-09-1254P)........   October 19, 2010,      Livengood, Mayor, City of
                                                            San Jose Mercury       Milpitas, 455 East
                                                            News.                  Calaveras Boulevard,
                                                                                   Milpitas, CA 95035.
California: Shasta................  City of Anderson.....  October 13, 2010,      The Honorable Norma         September 30, 2010...  060359
                                    (10-09-1399P)........   October 20, 2010,      Comnick, Mayor, City of
                                                            Anderson Valley Post.  Anderson, 1887 Howard
                                                                                   Street, Anderson, CA
                                                                                   96007.
California: Shasta................  Unincorporated areas   October 13, 2010,      Mr. David A. Kehoe,         September 30, 2010...  060358
                                     of Shasta County.      October 20, 2010,      Chairman, Shasta County
                                    (10-09-1399P)........   Anderson Valley Post.  Board of Supervisors,
                                                                                   1450 Court Street, Suite
                                                                                   308B, Redding, CA 96001.
Colorado: Arapahoe................  City of Aurora.......  September 9, 2010,     The Honorable Ed Tauer,     January 14, 2011.....  080002
                                    (10-08-0276P)........   September 16, 2010,    Mayor, City of Aurora,
                                                            Aurora Sentinel.       15151 East Alameda
                                                                                   Parkway, Aurora, CO 80012.
Colorado: Douglas.................  Town of Parker.......  October 7, 2010,       The Honorable David         October 29, 2010.....  080310
                                    (10-08-0768P)........   October 14, 2010,      Casiano, Mayor, Town of
                                                            Douglas County News-   Parker, 20120 East
                                                            Press.                 Mainstreet, Parker, CO
                                                                                   80138.
Colorado: Douglas.................  Unincorporated areas   October 7, 2010,       Mr. Jack Hilbert,           October 29, 2010.....  080049
                                     of Douglas County.     October 14, 2010,      Chairman, Douglas County
                                    (10-08-0768P)........   Douglas County News-   Board of Commissioners,
                                                            Press.                 100 3rd Street, Castle
                                                                                   Rock, CO 80104.
Florida: Charlotte................  Unincorporated areas   October 22, 2010,      Mr. Bob Starr, Chairman,    October 15, 2010.....  120061
                                     of Charlotte County.   October 29, 2010,      Charlotte County Board of
                                    (10-04-4920P)........   Charlotte Sun.         Commissioners, 18500
                                                                                   Murdock Circle, Port
                                                                                   Charlotte, FL 33948.
Florida: Miami-Dade...............  City of Miami........  October 12, 2010,      The Honorable Tom[aacute]s  September 30, 2010...  120650
                                    (10-08-5593P)........   October 19, 2010,      P. Regalado, Mayor, City
                                                            Miami Daily Business   of Miami, 3500 Pan
                                                            Review.                American Drive, Miami, FL
                                                                                   33133.
Florida: Orange...................  City of Orlando......  August 12, 2010,       The Honorable Buddy Dyer,   December 17, 2010....  120186
                                    (10-04-0788P)........   August 19, 2010,       Mayor, City of Orlando,
                                                            Orlando Weekly.        P.O. Box 4990, Orlando,
                                                                                   FL 32802.
Georgia: Barrow...................  Unincorporated areas   October 20, 2010,      Mr. Daniel Yearwood, Jr.,   February 24, 2011....  130497
                                     of Barrow County.      October 27, 2010,      Chairman, Barrow County
                                    (10-04-4322P)........   The Barrow County      Board of Commissioners,
                                                            News.                  233 East Broad Street,
                                                                                   Winder, GA 30680.
Kentucky: Hopkins.................  City of Madisonville.  September 10, 2010,    The Honorable William Cox,  January 17, 2011.....  210115
                                    (10-04-3232P)........   September 17, 2010,    Jr., Mayor, City of
                                                            The Messenger.         Madisonville, 67 North
                                                                                   Main Street,
                                                                                   Madisonville, KY 42431.
Kentucky: Hopkins.................  Unincorporated areas   September 10, 2010,    The Honorable Donald E.     January 17, 2011.....  210112
                                     of Hopkins County.     September 17, 2010,    Carroll, Hopkins County
                                    (10-04-3232P)........   The Messenger.         Judge, 56 North Main
                                                                                   Street, Madisonville, KY
                                                                                   42431.
South Carolina: Dorchester........  Unincorporated areas   October 8, 2010,       Mr. Jamie Feltner,          February 14, 2011....  450068
                                     of Dorchester County.  October 15, 2010,      Chairman, Dorchester
                                    (10-04-6791P)........   The Post and Courier.  County Council, 500 North
                                                                                   Main Street, Suite 2,
                                                                                   Summerville, SC 29483.
South Dakota: Minnehaha...........  City of Hartford.....  October 8, 2010,       The Honorable Paul Zimmer,  February 14, 2011....  460180
                                    (10-08-0469P)........   October 15, 2010,      Mayor, City of Hartford,
                                                            Argus Leader.          125 North Main Avenue,
                                                                                   Hartford, SD 57033.
South Dakota: Minnehaha...........  Unincorporated areas   October 8, 2010,       Ms. Anne Hajek, Chair,      February 14, 2011....  460057
                                     of Minnehaha County.   October 15, 2010,      Minnehaha County Board of
                                    (10-08-0469P)........   Argus Leader.          Commissioners, P.O. Box
                                                                                   1779, Sioux Falls, SD
                                                                                   57101.
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[[Page 78615]]

(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. 2010-31508 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-12-P


