[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)] [Rules and Regulations] [Pages 7955-7956] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-3428] [[Page 7955]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1077] 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 Assistant Administrator for Mitigation 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. 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 to either 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 the 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- Date and name of State and county Location and Case No. newspaper where notice Chief executive Effective date of Community was published officer of community modification No. -------------------------------------------------------------------------------------------------------------------------------------------------------- California: Shasta.................. City of Shasta Lake (09- July 20, 2009; July Ms. Carol Martin, City July 10, 2009............... 060758 09-0170P) 27, 2009, Record Manager, City of Searchlight. Shasta Lake, P.O. Box 777, Shasta Lake, CA 96019. Colorado: El Paso................... City of Colorado July 8, 2009; July 15, The Honorable Lionel June 30, 2009............... 080060 Springs (09-08-0556P) 2009; El Paso County Rivera, Mayor, City Advertiser and News. of Colorado Springs, 30 South Nevada Avenue, Colorado Springs, CO 80903. Maryland: Montgomery................ Unincorporated areas of July 30, 2009; August The Honorable Isiah July 24, 2009............... 240049 Montgomery County (09- 6, 2009; Montgomery Leggett, Montgomery 03-0599P) County Sentinel. County Executive, Executive Office Building, 101 Monroe Street, 2nd Floor, Rockville, MD 20850. Ohio: Lorain........................ City of Avon (08-05- January 12, 2009; The Honorable James A. December 31, 2008........... 390348 2056P) January 19, 2009; Smith, Mayor, City of Morning Journal. Avon, 36080 Chester Road, Avon, OH 44011. Oklahoma: Comanche.................. City of Lawton (08-06- July 20, 2009; July The Honorable John July 15, 2009............... 400049 1958P) 27, 2009; Lawton Purcell, Mayor, City Constitution. of Lawton, 3006 Northeast Muse Circle, Lawton, OK 72507. [[Page 7956]] Texas: Fort Bend....................... Unincorporated areas of July 23, 2009; July The Honorable Robert July 17, 2009............... 480228 Fort Bend County (09- 30, 2009; Fort Bend E. Hebert, PhD, Fort 06-1930P) Sun. Bend County Judge, 301 Jackson Street, Richmond, TX 77469. Fort Bend....................... Fort Bend County L.I.D. July 23, 2009; July The Honorable Epifanio July 17, 2009............... 4815947 (09-06- 30, 2009; Fort Bend Salazar, Chairman, 1930P) Sun. Board of Directors, Fort Bend County L.I.D. 7, 1300 Post Oak Boulevard, Suite 1400, Houston, TX 77027. Fort Bend....................... City of Sugarland (09- July 23, 2009; July The Honorable James A. July 17, 2009............... 480234 06-1930P) 30, 2009; Fort Bend Thompson, Mayor, City Sun. of Sugar Land, P.O. Box 110, Sugar Land, TX 77487. Travis.......................... City of Pflugerville July 30, 2009; August The Honorable Jeff December 4, 2009............ 481028 (09-06-0609P) 6, 2009; Austin Coleman, Mayor, City American Statesman. of Pflugerville, P.O. Box 589, Pflugerville, TX 78691. Travis.......................... Unincorporated areas of July 30, 2009; August The Honorable Samuel December 4, 2009............ 481026 Travis County (09-06- 6, 2009; Austin T. Biscoe, Travis 0609P) American Statesman. County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701. Webb............................ City of Laredo (08-06- July 10, 2009; July The Honorable Raul G. November 16, 2009........... 480651 2270P) 17, 2009; Laredo Salinas, Mayor, City Morning Times. of Laredo, 1110 Houston Street, Laredo, TX 78040. Webb............................ City of Laredo (08-06- July 9, 2009; July 16, The Honorable Raul G. November 10, 2009........... 480651 2721P) 2009; Laredo Morning Salinas, Mayor, City Times. of Laredo, 1110 Houston Street, Laredo, TX 78040. Webb............................ Unincorporated areas of August 4, 2009; August The Honorable Danny July 28, 2009............... 481059 Webb County (09-06- 11, 2009; Laredo Valdez, Webb County 1293P) Morning Times. Judge, 1000 Houston Street, 3rd Floor, Laredo, TX 78040. Wisconsin: Dane............................ Unincorporated areas of July 24, 2009; July The Honorable Kathleen July 15, 2009............... 550077 Dane County (09-05- 31, 2009; Wisconsin M. Falk, Dane County 0486P) State Journal. Executive, City County Building, Room 118, 210 Martin Luther King Jr. Boulevard, Madison, WI 53703. Dane............................ Village of De Forest July 24, 2009; July The Honorable Jeff July 15, 2009............... 550082 (09-05-0486P) 31, 2009; Wisconsin Miller, Village State Journal. President, Village of De Forest, 306 De Forest Street, De Forest, WI 53532. -------------------------------------------------------------------------------------------------------------------------------------------------------- (Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'') Sandra K. Knight, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2010-3428 Filed 2-22-10; 8:45 am] BILLING CODE 9110-12-P