
[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78606-78607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31505]


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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-1160]


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 of    Effective date of       Community No.
                                                            notice was published           community               modification
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Arizona: Maricopa.................  City of Tempe........  September 16, 2010,    The Honorable Hugh          January 21, 2011.....  040054
                                    (10-09-2035P)........   September 23, 2010,    Hallman, Mayor, City of
                                                            Arizona Business       Tempe, 31 East 5th
                                                            Gazette.               Street, Tempe, AZ 85281.
Arizona: Mojave...................  Fort Mojave Indian     September 10, 2010,    Mr. Timothy Williams,       August 31, 2010......  040133
                                     Reservation.           September 17, 2010,    Chairman, Fort Mojave
                                    (10-09-1826P)........   The Kingman Daily      Indian Reservation, 500
                                                            Miner.                 Merriman Avenue, Needles,
                                                                                   CA 92363.
Arizona: Pinal....................  Town of Florence.....  September 24, 2010,    The Honorable Vikki         January 31, 2011.....  040084
                                    (10-09-1057P)........   October 1, 2010,       Kilvinger, Mayor, Town of
                                                            Casa Grande Dispatch.  Florence, 775 North Main
                                                                                   Street, Florence, AZ
                                                                                   85232.
Arizona: Yavapai..................  Unincorporated areas   August 27, 2010,       Mr. Chip Davis, Chairman,   January 3, 2011......  040093
                                     of Yavapai County.     September 3, 2010,     Yavapai County Board of
                                    (10-09-0965P)........   The Daily Courier.     Supervisors, 10 South 6th
                                                                                   Street, Cottonwood, AZ
                                                                                   86326.

[[Page 78607]]

 
California: Riverside.............  City of Riverside....  September 3, 2010,     The Honorable Ronald O.     August 27, 2010......  060260
                                    (10-09-0680P)........   September 10, 2010,    Loveridge, Mayor, City of
                                                            The Press-Enterprise.  Riverside, 3900 Main
                                                                                   Street, Riverside, CA
                                                                                   92522.
Colorado: Jefferson...............  Unincorporated areas   September 16, 2010,    Ms. Kathy Hartman, Chair,   January 21, 2011.....  080087
                                     of Jefferson County.   September 23, 2010,    Jefferson County Board of
                                    (10-08-0546P)........   Westminster Window.    Commissioners, 100
                                                                                   Jefferson County Parkway,
                                                                                   Golden, CO 80419.
Colorado: Jefferson...............  City of Westminster..  September 16, 2010,    The Honorable Nancy         January 21, 2011.....  080008
                                    (10-08-0546P)........   September 23, 2010,    McNally, Mayor, City of
                                                            Westminster Window.    Westminster, 4800 West
                                                                                   92nd Avenue, Westminster,
                                                                                   CO 80031.
Colorado: Pueblo..................  City of Pueblo.......  September 3, 2010,     Mr. Lawrence Atencio,       January 10, 2011.....  085077
                                    (10-08-0862P)........   September 10, 2010,    President, Pueblo City
                                                            The Pueblo Chieftain.  Council, 1 City Hall
                                                                                   Place, Pueblo, CO 81003.
Florida: Lake.....................  City of Clermont.....  September 3, 2010,     The Honorable Harold        January 10, 2011.....  120133
                                    (10-04-4299P)........   September 10, 2010,    Turville, Jr., Mayor,
                                                            Daily Commercial.      City of Clermont, 685
                                                                                   West Montrose Street,
                                                                                   Clermont, FL 34711.
Florida: Lake.....................  Unincorporated areas   September 3, 2010,     Mr. Welton G. Caldwell,     January 10, 2011.....  120421
                                     of Lake County.        September 10, 2010,    Chairman, Lake County
                                    (10-04-4299P)........   Daily Commercial.      Board of Commissioners,
                                                                                   Lake County, P.O. Box
                                                                                   7800, Tavares, FL 32778.
Florida: Monroe...................  Unincorporated areas   September 17, 2010,    The Honorable Sylvia        September 10, 2010...  125129
                                     of Monroe County.      September 24, 2010,    Murphy, Mayor, Monroe
                                    (10-04-5258P)........   Key West Citizen.      County, 1100 Simonton
                                                                                   Street, Key West, FL
                                                                                   33040.
Georgia: DeKalb...................  Unincorporated areas   September 9, 2010,     Mr. W. Burrell Ellis, Jr.,  October 4, 2010......  130065
                                     of DeKalb County.      September 16, 2010,    Chief Executive Officer,
                                    (10-04-4217P)........   The Champion           DeKalb County, 330 West
                                                            Newspaper.             Ponce De Leon Avenue,
                                                                                   Decatur, GA 30030.
Hawaii: Maui......................  Unincorporated areas   September 10, 2010,    The Honorable Charmaine     January 18, 2011.....  150003
                                     of Maui County.        September 17, 2010,    Tavares, Mayor, Maui
                                    (10-09-1230P)........   The Maui News.         County, 200 South High
                                                                                   Street, 9th Floor,
                                                                                   Wailuku, HI 96793.
Kansas: Johnson...................  City of Leawood......  September 15, 2010,    The Honorable Peggy J.      January 20, 2011.....  200167
                                    (10-07-2021P)........   September 22, 2010,    Dunn, Mayor, City of
                                                            The Johnson County     Leawood, 4800 Town Center
                                                            Sun.                   Drive, Leawood, KS 66211.
North Carolina: Chatham...........  Unincorporated areas   September 9, 2010,     Mr. Charlie Horne,          January 14, 2011.....  370299
                                     of Chatham County.     September 16, 2010,    Manager, Chatham County,
                                    (10-04-0659P)........   The Chatham News.      P.O. Box 1809, 12 East
                                                                                   Street, Pittsboro, NC
                                                                                   27312.
North Carolina: Wake..............  Unincorporated areas   September 7, 2010,     Mr. David Cooke, Manager,   January 12, 2011.....  370368
                                     of Wake County.        September 14, 2010,    Wake County, P.O. Box
                                    (09-04-2504P)........   The News & Observer.   550, Raleigh, NC 27602.
Utah: Weber.......................  City of Ogden........  September 3, 2010,     The Honorable Matthew R.    January 10, 2011.....  490189
                                    (10-08-0035P)........   September 10, 2010,    Godfrey, Mayor, City of
                                                            Standard Examiner.     Ogden, 2549 Washington
                                                                                   Boulevard, Suite 910,
                                                                                   Ogden, UT 84401.
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(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. 2010-31505 Filed 12-15-10; 8:45 am]
BILLING CODE 9110-12-P


