[Federal Register Volume 75, Number 100 (Tuesday, May 25, 2010)]
[Rules and Regulations]
[Pages 29210-29211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12484]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1118]


Changes in Flood Elevation Determinations

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.

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) [email protected].

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.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping 
requirements.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

[[Page 29211]]

PART 65--[AMENDED]

0
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]

0
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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arizona:
    Maricopa......................  City of Surprise.....  March 11, 2010;       The Honorable Lyn Truitt,  February 25, 2010..............       040053
                                    (09-09-2388P)........   March 18, 2010;       Mayor, City of Surprise,
                                                            Arizona Business      16000 North Civic Center
                                                            Gazette.              Plaza, Surprise, AZ
                                                                                  85374.
    Maricopa......................  Unincorporated areas   March 11, 2010;       The Honorable Andrew W.    February 25, 2010..............       040037
                                     of Maricopa County.    March 18, 2010;       Kunasek, Chairman,
                                    (09-09-2388P)........   Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                  Jefferson Street, 10th
                                                                                  Floor, Phoenix, AZ 85003.
Florida:
    Alachua.......................  Unincorporated areas   March 16, 2010;       The Honorable Cynthia      February 26, 2010..............       120001
                                     of Alachua County.     March 22, 2010; The   Moore Chestnut,
                                    (09-04-5275P)........   Gainesville Sun.      Chairman, Alachua County
                                                                                  Board of Commissioners,
                                                                                  P.O. Box 2877,
                                                                                  Gainesville, FL 32602.
    Duvall........................  City of Jacksonville.  March 5, 2010; March  The Honorable John         July 9, 2010...................       120077
                                    (10-04-1198P)........   12, 2010;             Peyton, Mayor, City of
                                                            Jacksonville Daily    Jacksonville, 117 West
                                                            Record.               Duval Street,
                                                                                  Jacksonville, FL 32202.
    Monroe........................  Unincorporated areas   March 8, 2010; March  The Honorable Sylvia       February 26, 2010..............       125129
                                     of Monroe County.      15, 2010; Key West    Murphy, Mayor, Monroe
                                    (09-04-8247P)........   Citizen.              County, 102050 Overseas
                                                                                  Highway, Suite 234, Key
                                                                                  Largo, FL 33037.
    Seminole......................  City of Lake Mary....  March 5, 2010; March  The Honorable David        February 24, 2010..............       120416
                                    (10-04-0356P)........   12, 2010; Orlando     Mealor, Mayor, City of
                                                            Sentinel.             Lake Mary, P.O. Box
                                                                                  958445, Lake Mary, FL
                                                                                  32795.
Idaho: Teton......................  Unincorporated areas   February 18, 2010;    The Honorable Larry        June 25, 2010..................       160230
                                     of Teton County.       February 25, 2010;    Young, Chairman, Teton
                                    (09-10-0567P)........   Teton Valley News.    County Board of
                                                                                  Commissioners, 150
                                                                                  Courthouse Drive,
                                                                                  Driggs, ID 83422.
Kansas: Johnson...................  City of Overland Park  March 10, 2010;       The Honorable Carl         February 26, 2010..............       200174
                                    (09-07-1561P)........   March 17, 2010; The   Gerlach, Mayor, City of
                                                            Johnson County Sun.   Overland Park, 8500
                                                                                  Santa Fe Drive, Overland
                                                                                  Park, KS 66212.
Kentucky: Lexington-Fayette Urban   Lexington-Fayette      March 15, 2010;       The Honorable Jim          March 29, 2010.................       210067
 County Government.                  Urban County           March 22, 2010;       Newberry, Mayor,
                                     Government.            Lexington Herald-     Lexington-Fayette Urban
                                    (09-04-6917P)........   Leader.               County, Government, 200
                                                                                  East Main Street, 12th
                                                                                  Floor, Lexington, KY
                                                                                  40507.
North Carolina: Durham............  City of Durham.......  February 24, 2010;    The Honorable William V.   July 1, 2010...................       370086
                                    (08-04-3771P)........   March 3, 2010; The    Bell, Mayor, City of
                                                            Herald Sun.           Durham, 101 City Hall
                                                                                  Plaza, Durham, NC 27701.
Texas:
    Comal and Guadalupe...........  City of Schertz......  March 11, 2010;       The Honorable Hal          July 16, 2010..................       480269
                                    (09-06-2056P)........   March 18, 2010;       Baldwin, Mayor, City of
                                                            Northeast Herald.     Schertz, 1400 Schertz
                                                                                  Parkway, Schertz, TX
                                                                                  78154.
    Comal and Guadalupe...........  City of Selma........  March 11, 2010;       The Honorable Jim Parma,   July 16, 2010..................       480046
                                    (09-06-2056P)........   March 18, 2010;       Mayor, City of Selma,
                                                            Northeast Herald.     9375 Corporate Drive,
                                                                                  Selma, TX 78154.
    Gregg.........................  City of Longview.....  March 5, 2010; March  The Honorable Jay Dean,    July 12, 2010..................       480264
                                    (09-06-1728P)........   12, 2010; Longview    Mayor, City of Longview,
                                                            News-Journal.         P.O. Box 1952, Longview,
                                                                                  TX 75606.
    Tarrant.......................  City of Hurst........  December 18, 2008;    The Honorable Richard      April 26, 2010.................       480601
                                    (09-06-2085P)........   December 25, 2009;    Ward, Mayor, City of
                                                            Star-Telegram.        Hurst, 1505 Precinct
                                                                                  Line Road, Hurst, TX
                                                                                  76054.
Virginia: Loudoun.................  Unincorporated areas   March 10, 2010;       The Honorable Scott K.     March 22, 2010.................       510090
                                     of Loudoun County.     March 17, 2010;       York, Chairman, Loudoun
                                    (09-03-1375P)........   Loudoun Times-        County, P.O. Box 7000,
                                                            Mirror.               Leesburg, VA 20177.
--------------------------------------------------------------------------------------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: April 30, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-12484 Filed 5-24-10; 8:45 am]
BILLING CODE 9110-12-P