[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Rules and Regulations]
[Pages 82272-82274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32899]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1162]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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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

[[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.

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:

    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:

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                                                             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.
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Arkansas: Benton..................  City of Bentonville    July 30, 2010;        The Honorable Bob          December 6, 2010...............       050012
                                     (09-06-3053P).         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 (10-06-  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 (10-03-0510P).  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
                                     06-2283P).             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,
                                     (10-06-1185P).         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
                                     (09-06-3455P).         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
                                     (10-06-1675P).         20, 2010; The Fort    Moncrief, Mayor, City of
                                                            Worth Star-Telegram.  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,
                                     06-0320P).             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
                                     (10-06-0427P).         Worth Star-Telegram.  Judge, 2 Main Street,
                                                                                  Cleburne, TX 76033.
    Johnson.......................  City of Mansfield (10- July 20, 2010; July   The Honorable David Cook,  November 24, 2010..............       480606
                                     06-0427P).             27, 2010; The Fort    Mayor, City of
                                                            Worth Star-Telegram.  Mansfield, 1200 East
                                                                                  Broad Street, Mansfield,
                                                                                  TX 76063.
    Brazoria......................  City of Manvel (10-06- 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
                                     06-1011P).             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
                                     06-3497P).             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
                                     06-3519P).             15, 2010; The Fort    Jeffries, Mayor, City of
                                                            Worth Star-Telegram.  Watauga, 7105 Whitley
                                                                                  Road, Watauga, TX 76148.
    Collin........................  City of Wylie (10-06-  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.
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[[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. 2010-32899 Filed 12-29-10; 8:45 am]
BILLING CODE 9110-12-P