Federal Register: December 30, 2010 (Volume 75, Number 250)
DOCID: fr30de10-13 FR Doc 2010-32903
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-1150]
NOTICE: RULES
DOCID: fr30de10-13
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
[[Page 82276]]
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: Houston.................. City of Dothan (1004 July 9, 2010; July The Honorable Mike November 15, 2010.............. 010104
5284P). 16, 2010; Dothan Schmitz, Mayor, City of
Eagle. Dothan, P.O. Box 2128,
Dothan, AL 36302. Arizona:
Navajo........................ City of Show Low (09 July 9, 2010; July The Honorable Rick June 28, 2010.................. 040069 092789P). 16, 2010; White Fernau, Mayor, City of Mountain Show Low, 550 North 9th Independent. Place, Show Low, AZ 85901. Arizona:
Yavapai....................... Unincorporated areas July 9, 2010; July Mr. Chip Davis, Chairman, November 15, 2010.............. 040093 of Yavapai County 16, 2010; The Daily Yavapai County Board of (10092672P). Courier. Supervisors, 1015 Fair Street, Prescott, AZ 86305. California:
Merced........................ City of Merced (1009 July 9, 2010; July The Honorable Bill November 15, 2010.............. 060191 0548P). 16, 2010; Merced Spriggs, Mayor, City of SunStar. Merced, 678 West 18th Street, Merced, CA 95340.
Sacramento.................... City of Sacramento July 9, 2010; July The Honorable Kevin November 15, 2010.............. 060266 (10090525P). 16, 2010; The Johnson, Mayor, City of Sacramento Bee. Sacramento, 915 I Street, 5th Floor, Sacramento, CA 95814.
San Bernardino................ City of Colton (0909 July 9, 2010; July The Honorable Kelly J. November 15, 2010.............. 060273 2788P). 16, 2010; San Chastain, Mayor, City of Bernardino Bulletin. Colton, 650 North La Cadena Drive, Colton, CA 92324.
San Bernardino................ City of San July 9, 2010; July The Honorable Patrick J. November 15, 2010.............. 060281 Bernardino (0909 16, 2010; San Morris, Mayor, City of 2788P). Bernardino Bulletin. San Bernardino, 300 North D Street, San Bernardino, CA 92418.
Santa Barbara................. Unincorporated areas July 9, 2010; July The Honorable Janet Wolf, June 29, 2010.................. 060331 of Santa Barbara 16, 2010; Santa Chair, Santa Barbara County (10091185P). Barbara NewsPress. County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101.
Santa Clara................... Unincorporated areas June 30, 2010; July The Honorable Ken Yeager, June 23, 2010.................. 060337 of Santa Clara 7, 2010; Santa Chairperson, Santa Clara County (09092556P). Clara Weekly. County Board of Supervisors, 70 West Hedding Street, 10th Floor, San Jose, CA 95110.
Ventura....................... City of Simi Valley July 9, 2010; July The Honorable Paul November 15, 2010.............. 060421 (10092783P). 16, 2010; The Miller, Mayor, City of Ventura County Star. Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063. Florida:
MiamiDade.................... City of Sunny Isles July 9, 2010; July The Honorable Norman S. June 30, 2010.................. 120688 Beach (10044666P). 16, 2010; Miami Edlecup, Mayor, City of Daily Business Sunny Isles Beach, 18070 Review. Collins Avenue, Sunny Isles Beach, FL 33160.
Orange........................ City of Orlando (10 May 20, 2010; May The Honorable Buddy Dyer, September 24, 2010............. 120186 040789P). 27, 2010; Orlando Mayor, City or Orlando, Weekly. P.O. Box 4990, Orlando, FL 32802.
Polk.......................... City of Winter Haven June 4, 2010; June The Honorable Jeff October 12, 2010............... 120271 (10041058P). 11, 2010; News Potter, Mayor, City of Chief. Winter Haven, 451 3rd Street Northwest, Winter Haven, FL 33881.
Sumter........................ Unincorporated areas July 22, 2010; July Mr. Doug Gilpin, November 26, 2010.............. 120296 of Sumter County (10 29, 2010; Sumter Chairman, Sumter County 041900P). County Times. Board of Commissioners, 910 North Main Street, Bushnell, FL 33513. Nevada: Clark..................... City of Las Vegas (10 July 1, 2010; July The Honorable Oscar B. June 22, 2010.................. 325276 091223P). 8, 2010; Las Vegas Goodman, Mayor, City of ReviewJournal. Las Vegas, City Hall, 10th Floor, 400 Stewart Avenue, Las Vegas, NV 89101. New York: Niagara................. Town of Cambria (07 October 18, 2007; The Honorable Wright H. January 24, 2008............... 360499 020919P). October 25, 2007; Ellis, Cambria Town The Niagara Gazette. Board Supervisor, 4160 Upper Mountain Road, Sanborn, NY 14132. North Carolina:
Catawba....................... City of Conover (10 July 7, 2010; July The Honorable Lee E. July 30, 2010.................. 370053 042641P). 14, 2010; The Moritz, Jr., Mayor, City Observer News of Conover, P.O. Box Enterprise. 549, Conover, NC 28613. [[Page 82277]]
Catawba....................... City of Newton (1004 July 7, 2010; July The Honorable Robert A. July 30, 2010.................. 370057 2641P). 14, 2010; The Mullinax, Mayor, City of Observer News Newton, 401 North Main Enterprise. Avenue, Newton, NC 28658. Tennessee:
Knox.......................... Unincorporated areas July 9, 2010; July The Honorable Mike June 30, 2010.................. 475433 of Knox County (10 16, 2010; Knoxville Ragsdale, Knox County 041555P). NewsSentinel. Mayor, 400 Main Street, Suite 615, Knoxville, TN 37902.
Shelby........................ Town of Collierville June 24, 2010; July The Honorable Stan June 17, 2010.................. 470263
(10041188P). 1, 2010; The Joyner, Mayor, Town of
Collierville Herald. Collierville, 500 Poplar
View Parkway,
Collierville, TN 38017.
Utah: Washington.................. City of Washington July 9, 2010; July The Honorable Kenneth November 15, 2010.............. 490182
(10080519P). 16, 2010; The Neilson, Mayor, City of
Spectrum. Washington, 111 North
100 East, Washington, UT
84780.
Wisconsin: Dane................... City of Madison (10 July 9, 2010; July The Honorable Dave July 30, 2010.................. 550083
053876P). 16, 2010; Wisconsin Cieslewicz, Mayor, City
State Journal. of Madison, 210 Martin
Luther King, Jr.
Boulevard, CityCounty
Building, Room 403,
Madison, WI 53703.
(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. 201032903 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.