[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18074-18076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8079]
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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) [email protected].
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