[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Rules and Regulations]
[Pages 81889-81890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32701]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1157]


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: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-4064, 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:

PART 65--[AMENDED]

0
1. The authority citation for part 65 continues to read as follows:


[[Page 81890]]


    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]

    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.
                                            No.          notice was published         of community
--------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware: Sussex.................  Unincorporated areas  June 16, 2010; June   Mr. Vance Phillips,        October 21, 2010..............          100029
                                    of Sussex County      23, 2010; Sussex      Council President,
                                    (10-03-0270P).        Countian.             Sussex County, P.O. Box
                                                                                589, Georgetown, DE
                                                                                19947.
New York: Oneida.................  City of Sherrill (10- June 10, 2010; June   The Honorable Joseph P.    December 3, 2010..............          360544
                                    02-0242P).            17, 2010; The         Shay, Mayor, City of
                                                          Oneida Daily          Sherrill, 377 Sherrill
                                                          Dispatch.             Road, Sherrill, NY 13461.
North Carolina: Richmond.........  Unincorporated areas  August 6, 2010;       Mr. Kenneth R. Robinette,  July 30, 2010.................          370348
                                    of Richmond County    August 13, 2010;      Chairman, Richmond
                                    (10-04-5289P).        Richmond County       County Board of
                                                          Daily Journal.        Commissioners, P.O. Box
                                                                                504, Rockingham, NC
                                                                                28380.
North Carolina: Granville........  Unincorporated areas  August 5, 2010;       Mr. Brian Alligood,        December 10, 2010.............          370325
                                    of Granville County   August 12, 2010;      Granville County
                                    (10-04-4713P).        The Oxford Public     Manager, P.O. Box 906,
                                                          Ledger and The        Oxford, NC 27565.
                                                          Butner-Creedmoor
                                                          News.
Texas: Denton....................  City of Lewisville    June 9, 2010; June    The Honorable Dean         June 28, 2010.................          480195
                                    (10-06-0364P).        16, 2010;             Ueckert, Mayor, City of
                                                          Lewisville Leader.    Lewisville, 151 West
                                                                                Church Street,
                                                                                Lewisville, TX 75029.
Texas: Williamson................  City of Georgetown    July 7, 2010; July    The Honorable George       November 11, 2010.............          480668
                                    (10-06-0373P).        14 2010; The          Garver, Mayor, City of
                                                          Williamson County     Georgetown, P.O. Box
                                                          Sun.                  409, Georgetown, TX
                                                                                78627.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: December 10, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-32701 Filed 12-28-10; 8:45 am]
BILLING CODE 9110-12-P