Federal Register: December 30, 2010 (Volume 75, Number 250)
DOCID: fr30de10-11 FR Doc 2010-32899
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 65
Docket ID: [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1162]
NOTICE: RULES
DOCID: fr30de10-11
DOCUMENT ACTION: Interim rule.
SUBJECT CATEGORY:
Changes in Flood Elevation Determinations
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 90day period.
DOCUMENT SUMMARY:
This interim rule lists communities where modification of the Base (1% annualchance) 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.
SUMMARY:
Changes in Flood Elevation Determinations
SUPPLEMENTAL 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 [[Page 82273]]
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.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65[AMENDED]
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]
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 newspaper where Chief executive officer Effective date of modification Community
No. notice was published of community No.
Arkansas: Benton.................. City of Bentonville July 30, 2010; The Honorable Bob December 6, 2010............... 050012
(09063053P). August 6, 2010; The McCaslin, Mayor, City of
Benton County Daily Bentonville, 117 West
Record. Central Avenue,
Bentonville, AR 72712.
Oklahoma: Tulsa................... City of Tulsa (1006 August 6, 2010; The Honorable Dewey July 30, 2010.................. 405381
2150P). August 13, 2010; Bartlett, Mayor, City of
The Tulsa World. Tulsa, 175 East 2nd
Street, Suite 690,
Tulsa, OK 74103.
Pennsylvania: Montgomery.......... Township of Upper July 23, 2010; July Mr. Ronald Wagenmann, July 16, 2010.................. 420957
Merion (10030510P). 30, 2010; The Times Upper Merion Township
Herald. Manager, 175 West Valley
Forge Road, King of
Prussia, PA 19406. Texas:
Potter and Randall............ City of Amarillo (10 August 20, 2010; The Honorable Debra August 13, 2010................ 480529 062283P). August 26, 2010; McCartt, Mayor, City of The Amarillo Globe Amarillo, P.O. Box 1971, News. Amarillo, TX 79105.
Brazoria...................... Unincorporated areas August 9, 2010; The Honorable Joe King, August 26, 2010................ 485458 of Brazoria County August 16, 2010; Brazoria County Judge, (10061185P). The Facts. 111 East Locust Street, Angleton, TX 77515.
Williamson.................... City of Cedar Park September 9, 2010; The Honorable Bob Lemon, January 14, 2011............... 481282 (09063455P). September 16, 2010; Mayor, City of Cedar The Hill Country Park, 600 North Bell News. Boulevard, Cedar Park, TX 78613.
Tarrant....................... City of Fort Worth July 13, 2010; July The Honorable Michael J. November 17, 2010.............. 480596 (10061675P). 20, 2010; The Fort Moncrief, Mayor, City of Worth StarTelegram. Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102.
Harris........................ Unincorporated areas September 7, 2010; The Honorable Ed Emmett, January 12, 2011............... 480287 of Harris County (10 September 14, 2010; Harris County Judge, 060320P). The Houston 1001 Preston Street, Chronicle. Suite 911, Houston, TX 77002.
Johnson....................... Unincorporated areas July 20, 2010; July The Honorable Roger November 24, 2010.............. 480879 of Johnson Countyn 27, 2010; The Fort Harmon, Johnson County (10060427P). Worth StarTelegram. Judge, 2 Main Street, Cleburne, TX 76033.
Johnson....................... City of Mansfield (10 July 20, 2010; July The Honorable David Cook, November 24, 2010.............. 480606 060427P). 27, 2010; The Fort Mayor, City of Worth StarTelegram. Mansfield, 1200 East Broad Street, Mansfield, TX 76063.
Brazoria...................... City of Manvel (1006 August 9, 2010; The Honorable Delores August 26, 2010................ 480076 1185P). August 16, 2010; Martin, Mayor, City of The Alvin Sun. Manvel, P.O. Box 187, Manvel, TX 77578.
Tarrant....................... City of North August 4, 2010; The Honorable Oscar July 28, 2010.................. 480607 Richland Hills (10 August 11, 2010; Trevino, Mayor, City of 061011P). The Fort Worth Star North Richland Hills, Telegram. 7301 Northeast Loop 820, North Richland Hills, TX 76180.
Comal......................... City of Schertz (09 August 23, 2010; The Honorable Harold D. August 13, 2010................ 480269 063497P). August 30, 2010; Baldwin, Mayor, City of The Daily Schertz, 1400 Schertz Commercial Recorder. Parkway, Schertz, TX 78154.
Tarrant....................... City of Watauga (09 June 8, 2010; June The Honorable Henry October 13, 2010............... 480613 063519P). 15, 2010; The Fort Jeffries, Mayor, City of Worth StarTelegram. Watauga, 7105 Whitley Road, Watauga, TX 76148.
Collin........................ City of Wylie (1006 August 25, 2010; The Honorable Eric Hogue, December 30, 2010.............. 480759
1838P). September 1, 2010; Mayor, City of Wylie,
The Wylie News. 2000 State Highway 78
North, Wylie, TX 75098. [[Page 82274]]
(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. 201032899 Filed 122910; 8:45 am]
BILLING CODE 911012P
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) 6464064, or (email) luis.rodriguez1@dhs.gov.