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, Start Printed Page 18080and 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.
Arizona: GilaTown of Payson (09-09-0436P)September 15, 2009; September 22, 2009; Payson RoundupThe Honorable Kenny Evans, Mayor, Town of Payson, 303 North Beeline Highway, Payson, AZ 85541January 20, 2010040107
California:
San DiegoCity of Vista (09-09-0724P)September 18, 2009; September 25, 2009; North County TimesThe Honorable Morris B. Vance, Mayor, City of Vista, City Hall, 600 Eucalyptus Avenue, Vista, CA 92084October 5, 2009060297
ShastaCity of Anderson (09-09-1040P)September 23, 2009; September 30, 2009; Anderson Valley PostThe Honorable Butch Schaefer, Mayor, City of Anderson, 1887 Howard Street, Anderson, CA 96007January 28, 2009060359
VenturaCity of Ojai (09-09-0524P)September 10, 2009; September 17, 2009; Ventura County StarThe Honorable Joe DeVito, Mayor, City of Ojai, P.O. Box 1570, Ojai, CA 93024January 15, 2009060416
VenturaUnincorporated areas of Ventura County (09-09-0524P)September 10, 2009; September 17, 2009; Ventura County StarThe Honorable Linda F. Parks, Chairperson, Ventura County Board of Supervisors, County Government Center, 800 South Victoria Avenue, Ventura, CA 93009January 15, 2009060413
Colorado:
El PasoCity of Colorado Springs (09-08-0002P)September 23, 2009; September 30, 2009; The GazetteThe Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901January 28, 2009080060
JeffersonUnincorporated areas of Jefferson County (09-08-0257P)September 30, 2009; October 7, 2009; High Timber TimesThe Honorable J. Kevin McCasky, Chairman, Jefferson County Board of Commissioners, 100 Jefferson County Parkway, Golden, CO 80419October 5, 2009080087
Delaware: New CastleUnincorporated areas of New Castle County (09-03-0870P)September 7, 2009; September 14, 2009; The News JournalThe Honorable Christopher Coons, New Castle County Executive, 87 Reads Way Corporate Commons, New Castle, DE 19720August 21, 2009105085
Florida:
AlachuaCity of Gainesville (09-04-1384P)October 2, 2009; October 9, 2009; The Gainesville SunThe Honorable Pegeen Hanrahan, Mayor, City of Gainesville, P.O. Box 490, Station 19, Gainesville, FL 32601September 24, 2009125107
OsceolaCity of Kissimmee (08-04-1601P)August 6, 2009; August 13, 2009; Osceola News GazetteThe Honorable Jim Swan, Mayor, City of Kissimmee, 101 North Church Street, Kissimmee, FL 34741August 24, 2009120190
OsceolaUnincorporated areas of Osceola County (08-04-1601P)August 6, 2009; August 13, 2009; Osceola News GazetteThe Honorable John “Q” Quinones, Chairman, Osceola County Board of Commissioners, One Courthouse Square, Suite 4700, Kissimmee, FL 34741August 24, 2009120189
PolkUnincorporated areas of Polk County (09-04-5687P)September 9, 2009; September 16, 2009; Polk County DemocratThe Honorable Sam Johnson, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831August 31, 2009120261
Georgia: DeKalbCity of Atlanta (08-04-5599P)May 8, 2009; May 15, 2009; Atlanta Journal-ConstitutionThe Honorable Shirley Franklin, Mayor, City of Atlanta, 55 Trinity Avenue, Atlanta, GA 30303May 28, 2009135157
Start Printed Page 18081
Illinois:
KaneCity of Batavia (09-05-2286P)September 15, 2009; September 22, 2009; The ChronicleThe Honorable Jeffery D. Schielke, Mayor, City of Batavia, 100 North Island Avenue, Batavia, IL 60510September 1, 2009170321
KaneVillage of Hampshire (09-05-1214P)August 28, 2009; September 4, 2009; Northwest HeraldThe Honorable Jeffrey Magnussen, President, Village of Hampshire, P.O. Box 457, Hampshire, IL 60140August 13, 2009170327
KaneUnincorporated areas of Kane County (09-05-2286P)September 15, 2009; September 22, 2009; The ChronicleThe Honorable Karen McConnaughay, Chairman, Kane County Board, 719 South Batavia Avenue, Geneva, IL 60134September 1, 20091708965
McHenryVillage of Johnsburg (09-05-2578P)August 21, 2009; August 28, 2009; Northwest HeraldMr. Edwin P. Hettermann, President, Village of Johnsburg, 1515 West Channel Beach Drive, McHenry, IL 60050August 17, 2009170486
Maine: PenobscotTown of Hampden (09-01-0938P)September 7, 2009; September 14, 2009; Bangor Daily NewsThe Honorable Matthew Arnett, Mayor, Town of Hampden, 106 Western Avenue, Hampden, ME 04444August 21, 2009230168
Michigan: KentCity of Grand Rapids (09-05-1087P)July 1, 2009; July 8, 2009; Grand Rapids PressMr. Mark De Clercq, P.E., City Engineer, City of Grand Rapids, 300 Monroe Avenue, Northwest, Grand Rapids, MI 49503June 23, 2009260106
Nebraska:
HowardUnincorporated areas of Howard County (09-07-0907P)September 23, 2009; September 30, 2009; The Phonograph HeraldThe Honorable Bill Sack, Chairman, Howard County Board of Commissioners, 1057 Kimball Road, St. Paul, NE 68873January 28, 2010310446
HowardCity of St. Paul (09-07-0907P)September 23, 2009; September 30, 2009; The Phonograph HeraldThe Honorable Danny Nielsen, Mayor, City of St. Paul, 704 6th Street, St. Paul, NE 68873January 28, 2010310119
New Mexico:
Santa FeCity of Santa Fe (09-06-1398P)September 8, 2009; September 15, 2009; Santa Fe New MexicanThe Honorable David Coss, Mayor, City of Santa Fe, P.O. Box 909, Santa Fe, NM 87504January 13, 2010350070
Santa FeCity of Santa Fe (09-06-1729P)September 8, 2009; September 15, 2009; Santa Fe New MexicanThe Honorable David Coss, Mayor, City of Santa Fe, P.O. Box 909, Santa Fe, NM 87504January 13, 2010350070
Oklahoma: ClevelandCity of Oklahoma City (08-06-3106P)September 17, 2009; September 24, 2009; The OklahomanThe Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Street, 3rd Floor, Oklahoma City, OK 73102January 22, 2010405378
Oregon:
MarionUnincorporated areas of Marion County (09-10-0011P)August 14, 2009; August 21, 2009; Statesman JournalThe Honorable Patti Milne, Chairman, Marion County Board of Commissioners, P.O. Box 14500, Salem, OR 97309July 31, 2009410154
MarionCity of Salem (09-10-0011P)August 14, 2009; August 21, 2009; Statesman JournalThe Honorable Janet Taylor, Mayor, City of Salem, 555 Liberty Street Southeast, Room 220, Salem, OR 97301July 31, 2009410167
Pennsylvania:
AdamsCity of Latimore (09-03-1567P)September 10, 2009; September 17, 2009; Gettysburg TimesThe Honorable Dan Worley, Chairman, Latimore Township Board of Supervisors, 559 Old U.S. Route 15, York Springs, PA 17372January 15, 2010421162
AdamsCity of Reading (09-03-1567P)September 10, 2009; September 17, 2009; Gettysburg TimesThe Honorable Joseph Lemmon, Chairman, Township of Reading Board of Supervisors, 50 Church Road, East Berlin, PA 17316January 15, 2010420004
Tennessee:
KnoxUnincorporated areas of Knox County (09-04-2543P)September 4, 2009; September 11, 2009; Knoxville News SentinelThe Honorable Mike Ragsdale, Mayor, Knox County, 400 Main Street, Suite 615, Knoxville, TN 37902January 11, 2010475433
KnoxCity of Knoxville (09-04-2543P)September 4, 2009; September 11, 2009; Knoxville News SentinelThe Honorable Bill Haslam, Mayor, City of Knoxville, P.O. Box 1631, Knoxville, TN 37901January 11, 2010475434
KnoxCity of Knoxville (09-04-3474P)September 18, 2009; September 25, 2009; Knoxville News SentinelThe Honorable Bill Haslam, Mayor, City of Knoxville, P.O. Box 1631, Knoxville, TN 37901January 25, 2010475434
WilliamsonCity of Brentwood (08-04-5486P)September 10, 2009; September 17, 2009; The TennesseanThe Honorable Betsy Crossley, Mayor, City of Brentwood, 5211 Maryland Way, Brentwood, TN 37027August 27, 2009470205
Texas:
Brazoria and HarrisCity of Pearland (08-06-0819P)June 24, 2009; July 1, 2009; Pearland Reporter-NewsThe Honorable Tom Reid, Mayor, City of Pearland, 3519 Liberty Drive, Pearland, TX 77581October 29, 2009480077
DentonTown of Trophy Club (09-06-1124P)September 11, 2009; September 18, 2009; Denton Record-ChronicleThe Honorable Nick Sanders, Mayor, Town of Trophy Club, 100 Municipal Drive, Trophy Club, TX 76262January 18, 2010481606
WebbCity of Laredo (08-06-1006P)September 2, 2008; September 9, 2008; Laredo Morning TimesThe Honorable Raul G. Salinas, Mayor, City of Laredo, City Hall, 1110 Houston Street, Laredo, TX 78040January 9, 2009480651
Start Printed Page 18082
WilliamsonCity of Round Rock (09-06-0338P)September 10, 2009; September 17, 2009; Round Rock LeaderThe Honorable Alan McGraw, Mayor, City of Round Rock, 221 East Main Street, Round Rock, TX 78664January 15, 2010481048
WilliamsonUnincorporated areas of Williamson County (09-06-0529P)September 10, 2009; September 17, 2009; Round Rock LeaderThe Honorable Dan A. Gattis, Williamson County Judge, 710 Main Street, Suite 101, Georgetown, TX 78626January 15, 2010481079

(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. 2010-8084 Filed 4-8-10; 8:45 am]

BILLING CODE 9110-12-P