Federal Register: December 30, 2010 (Volume 75, Number 250)
DOCID: fr30de10-12 FR Doc 2010-32902
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-1146]
NOTICE: RULES
DOCID: fr30de10-12
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 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 No. newspaper where Chief executive officer Effective date of modification Community
notice was published of community No.
Alabama: Cullman.................. City of Cullman (10 June 1, 2010; June The Honorable Max A. October 6, 2010................ 010209
040559P). 8, 2010; The Towson, Mayor, City of
Cullman Times. Cullman, 204 2nd Avenue,
Cullman, AL 35055. Colorado:
Gunnison...................... City of Gunnison (09 June 10, 2010; June The Honorable Stu October 15, 2010............... 080080 080466P). 17, 2010; The Ferguson, Mayor, City of Gunnison Country Gunnison, 201 West Times. Virginia Avenue, Gunnison, CO 81230.
Gunnison...................... Unincorporated areas June 10, 2010; June The Honorable Paula October 15, 2010............... 080078 of Gunnison County 17, 2010; The Swenson, Chairperson, (09080466P). Gunnison Country Gunnison County Board of Times. Commissioners, 200 East Virginia Avenue, Suite 104, Gunnison, CO 81230.
Weld.......................... Town of Miliken (09 June 18, 2010; June The Honorable L. Jane October 25, 2010............... 080187 080927P). 25, 2010; The Lichtfuss, Mayor, Town Tribune. of Milliken, P.O. Box 290, Milliken, Colorado 80543. [[Page 82275]]
Weld.......................... Unincorporated areas June 18, 2010; June The Honorable Douglas October 25, 2010............... 080266 of Weld County (09 25, 2010; The Rademacher, Chairman, 080927P). Tribune. Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80632. Florida: Bay...................... City of Panama City June 25, 2010; July The Honorable Gayle November 2, 2010............... 120013 (10042741P). 2, 2010; The News Oberst, Mayor, City of Herald. Panama City Beach, 110 South Arnold Road, Panama City Beach, FL 32413. Nevada:
Clark......................... Unincorporated areas June 10, 2010; June The Honorable Rory Reid, June 28, 2010.................. 320003 of Clark County (09 17, 2010; Las Vegas Chair, Clark County 092398P). ReviewJournal. Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106.
Clark......................... Unincorporated areas June 10, 2010; June The Honorable Rory Reid, October 15, 2010............... 320003 of Clark County (09 17, 2010; Las Vegas Chair, Clark County 093102P). ReviewJournal. Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106.
Clark......................... Unincorporated areas June 24, 2010; July The Honorable Rory Reid, June 16, 2010.................. 320003
of Clark County (10 1, 2010; Las Vegas Chair, Clark County
091718P). ReviewJournal. Board of Commissioners,
500 South Grand Central
Parkway, Las Vegas, NV
89106. North Carolina:
Currituck......................... Unincorporated areas May 21, 2010; May Mr. Daniel F Scanlon II, May 11, 2010................... 370078
of Currituck County 28, 2010; The Daily Currituck County
(09045228P). Advance. Manager, 153 Courthouse
Road, Currituck, NC
27929. South Carolina:
Richland.......................... Unincorporated areas May 28, 2010; June The Honorable Paul October 4, 2010................ 450170
of Richland County 4, 2010; The Livingston, Richland
(09042521P). Columbia Star. County Council Chairman,
2020 Hampton Street, 2nd
Floor, Columbia, SC
29202.
(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. 201032902 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.