Skip to Content

Rule

Changes in Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

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 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.

Start Further Info

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) kevin.long@dhs.gov.

End Further Info End Preamble Start Supplemental Information

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.

Start List of Subjects

List of Subjects in 44 CFR Part 65

End List of Subjects Start Amendment Part

Accordingly,

End Amendment Part Start Part

PART 65—[AMENDED]

End Part Start Amendment Part

1. The authority citation for part 65 continues to read as follows:

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

2. The tables published under the authority of § 65.4 are amended as follows:

End Amendment Part
State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
California:
Start Printed Page 18083
RiversideUnincorporated areas of Riverside County (08-09-0430P)August 7, 2009; August 14, 2009; The Press-EnterpriseThe Honorable Jeff Stone, Chairman, Riverside County Board of Supervisors, P.O. Box 1486, Riverside, CA 92502December 14, 2009060246
RiversideCity of Temecula (08-09-0430P)August 7, 2009; August 14, 2009; The Press-EnterpriseThe Honorable Maryann Edwards, Mayor, City of Temecula, P.O. Box 9033, Temecula, CA 92589December 14, 2009060742
Santa BarbaraUnincorporated areas of Santa Barbara County (09-09-0651P)August 12, 2009; August 19, 2009; Santa Barbara News-PressThe Honorable Joseph Centeno, Chairman, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101December 17, 2009060331
Santa BarbaraCity of Solvang (09-09-0651P)August 12, 2009; August 19, 2009; Santa Barbara News-PressThe Honorable David Smyser, Mayor, City of Solvang, P.O. Box 107, Solvang, CA 93464December 17, 2009060756
Colorado:
ArapahoeCity of Aurora (09-08-0733P)July 23, 2009; July 30, 2009; Aurora SentinelThe Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012July 17, 2009080002
BoulderUnincorporated areas of Boulder County (09-08-0486P)August 7, 2009; August 14, 2009; The Daily CameraThe Honorable Ben Pearlman, Chairman, Boulder County Board of Commissioners, Boulder County Courthouse, P.O. Box 471, Boulder, CO 80306December 14, 2009080023
Florida: LeonCity of Tallahassee (09-04-1668P)August 11, 2009; August 18, 2009; Tallahassee DemocratThe Honorable John Marks, Mayor, City of Tallahassee, 300 South Adams Street, Tallahassee, FL 32301December 16, 2009120144
Hawaii: HawaiiUnincorporated areas of Hawaii County (08-09-1858P)August 12, 2009; August 19, 2009; Hawaii Tribune-HeraldThe Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720December 17, 2009155166
Kansas: JohnsonCity of Mission (09-07-0751P)August 18, 2009; August 25, 2009; The Legal RecordThe Honorable Laura McConwell, Mayor, City of Mission, 6090 Woodson Road, Mission, KS 66202August 4, 2009200170
Mississippi:
DeSotoUnincorporated areas of DeSoto County (09-04-2542P)August 11, 2009; August 18, 2009; DeSoto Times-TribuneThe Honorable Tommy Lewis, President, DeSoto County Board of Supervisors, 365 Losher Street, Suite 310, Hernando, MS 38632December 16, 2009280050
DeSotoCity of Olive Branch (09-04-2542P)August 11, 2009; August 18, 2009; DeSoto Times-TribuneThe Honorable Samuel P. Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654December 16, 2009280286
Missouri:
PhelpsUnincorporated areas of Phelps County (09-07-0033P)August 11, 2009; August 18, 2009; Rolla Daily NewsThe Honorable Randy Verkamp, Presiding Commissioner, Phelps County Commission, 200 North Main Street, Rolla, MO 65401December 16, 2009290824
PhelpsCity of Rolla (09-07-0033P)August 11, 2009; August 18, 2009; Rolla Daily NewsThe Honorable William Jenks III, Mayor, City of Rolla, P.O. Box 979, Rolla, MO 65401December 16, 2009290285
Montana: MineralUnincorporated areas of Mineral County (09-08-0372P)August 12, 2009; August 19, 2009; Mineral IndependentThe Honorable Clark Conrow, Chairman, Mineral County Board of Commissioners, 300 River Street, Superior, MT 59872November 30, 2009300159
Nevada:
WashoeCity of Reno (09-09-0999P)August 11, 2009; August 18, 2009; Reno Gazette-JournalThe Honorable Robert Cashell, Mayor, City of Reno, P.O. Box 1900, Reno, NV 89505December 16, 2009320020
WashoeUnincorporated areas of Washoe County (09-09-0999P)August 11, 2009; August 18, 2009; Reno Gazette-JournalThe Honorable Robert Larkin, Chair, Washoe County Board of Commissioners, P.O. Box 11130, Reno, NV 89520December 16, 2009320019
New Jersey: MonmouthTownship of Marlboro (09-02-0785P)August 13, 2009; August 20, 2009; Asbury Park PressThe Honorable Jonathan Hornik, Mayor, Township of Marlboro, 1979 Township Drive, Marlboro, NJ 07746December 18, 2009340310
New Mexico: BernalilloCity of Albuquerque (08-06-2955P)August 12, 2009; August 19, 2009; The Albuquerque JournalThe Honorable Martin J. Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103December 17, 2009350002
Oregon:
ClackamasUnincorporated areas of Clackamas County (09-10-0019P)August 11, 2009; August 18, 2009; The OregonianThe Honorable Lynn Peterson, Chair, Clackamas County Board of Commissioners, 2051 Kaen Road, Oregon City, OR 97045December 16, 2009415588
ClackamasCity of Wilsonville (09-10-0019P)August 11, 2009; August 18, 2009; The OregonianThe Honorable Tim Knapp, Mayor, City of Wilsonville, 11615 Southwest Jamaica, Wilsonville, OR 97070December 16, 2009410025
Pennsylvania:
DelawareBorough of Eddystone (08-03-1531P)August 13, 2009; August 20, 2009; Delaware County Daily TimesThe Honorable Ralph Orr, Mayor, Borough of Eddystone, 1300 East 12th Street, Eddystone, PA 19022December 18, 2009420413
DelawareTownship of Ridley (08-03-1531P)August 13, 2009; August 20, 2009; Delaware County Daily TimesThe Honorable Robert J. Willert, President, Township of Ridley Board of Commissioners, 100 East MacDade Boulevard, Folsom, PA 19033December 18, 2009420429
Start Printed Page 18084
DelawareBorough of Ridley Park (08-03-1531P)August 13, 2009; August 20, 2009; Delaware County Daily TimesThe Honorable Hank Eberle, Jr., Mayor, Borough of Ridley Park, 105 East Ward Street, Ridley Park, PA 19078December 18, 2009420430
Texas:
BexarCity of San Antonio (08-06-2074P)August 12, 2009; August 19, 2009; Daily Commercial RecorderThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283December 17, 2009480045
BexarCity of San Antonio (08-06-2153P)August 12, 2009; August 19, 2009; Daily Commercial RecorderThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283December 17, 2009480045
CollinCity of McKinney (09-06-1503P)August 14, 2009; August 21, 2009; McKinney Courier-GazetteThe Honorable Brian Loughmiller, Mayor, City of McKinney, P.O. Box 517, McKinney, TX 75070August 31, 2009480135
GillespieUnincorporated areas of Gillespie County (09-06-0312P)July 29, 2009; August 5, 2009; Fredericksburg Standard Radio PostThe Honorable Mark Stroeher, Gillespie County Judge, 101 West Main Street, Fredericksburg, TX 78624December 3, 2009480696
Utah: DavisCity of Centerville (09-08-0637P)August 13, 2009; August 20, 2009; Salt Lake TribuneThe Honorable Ronald G. Russell, Mayor, City of Centerville, 73 West Ricks Creek Way, Centerville, UT 84014July 31, 2009490040

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Start Signature

Dated: March 18, 2010.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Supplemental Information

[FR Doc. 2010-8083 Filed 4-8-10; 8:45 am]

BILLING CODE 9110-12-P