[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Rules and Regulations]
[Pages 7955-7956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3428]



[[Page 7955]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1077]


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 Assistant Administrator 
for Mitigation 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.

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 to either 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 the 
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:

    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 notice      Chief executive           Effective date of        Community
                                                                    was published       officer of  community          modification              No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
California: Shasta..................  City of Shasta Lake (09- July 20, 2009; July     Ms. Carol Martin, City  July 10, 2009...............       060758
                                       09-0170P)                27, 2009, Record        Manager, City of
                                                                Searchlight.            Shasta Lake, P.O. Box
                                                                                        777, Shasta Lake, CA
                                                                                        96019.
Colorado: El Paso...................  City of Colorado         July 8, 2009; July 15,  The Honorable Lionel    June 30, 2009...............       080060
                                       Springs (09-08-0556P)    2009; El Paso County    Rivera, Mayor, City
                                                                Advertiser and News.    of Colorado Springs,
                                                                                        30 South Nevada
                                                                                        Avenue, Colorado
                                                                                        Springs, CO 80903.
Maryland: Montgomery................  Unincorporated areas of  July 30, 2009; August   The Honorable Isiah     July 24, 2009...............       240049
                                       Montgomery County (09-   6, 2009; Montgomery     Leggett, Montgomery
                                       03-0599P)                County Sentinel.        County Executive,
                                                                                        Executive Office
                                                                                        Building, 101 Monroe
                                                                                        Street, 2nd Floor,
                                                                                        Rockville, MD 20850.
Ohio: Lorain........................  City of Avon (08-05-     January 12, 2009;       The Honorable James A.  December 31, 2008...........       390348
                                       2056P)                   January 19, 2009;       Smith, Mayor, City of
                                                                Morning Journal.        Avon, 36080 Chester
                                                                                        Road, Avon, OH 44011.
Oklahoma: Comanche..................  City of Lawton (08-06-   July 20, 2009; July     The Honorable John      July 15, 2009...............       400049
                                       1958P)                   27, 2009; Lawton        Purcell, Mayor, City
                                                                Constitution.           of Lawton, 3006
                                                                                        Northeast Muse
                                                                                        Circle, Lawton, OK
                                                                                        72507.

[[Page 7956]]

 
Texas:
    Fort Bend.......................  Unincorporated areas of  July 23, 2009; July     The Honorable Robert    July 17, 2009...............       480228
                                       Fort Bend County (09-    30, 2009; Fort Bend     E. Hebert, PhD, Fort
                                       06-1930P)                Sun.                    Bend County Judge,
                                                                                        301 Jackson Street,
                                                                                        Richmond, TX 77469.
    Fort Bend.......................  Fort Bend County L.I.D.  July 23, 2009; July     The Honorable Epifanio  July 17, 2009...............       481594
                                       <greek-i>7 (09-06-       30, 2009; Fort Bend     Salazar, Chairman,
                                       1930P)                   Sun.                    Board of Directors,
                                                                                        Fort Bend County
                                                                                        L.I.D. <greek-i>7,
                                                                                        1300 Post Oak
                                                                                        Boulevard, Suite
                                                                                        1400, Houston, TX
                                                                                        77027.
    Fort Bend.......................  City of Sugarland (09-   July 23, 2009; July     The Honorable James A.  July 17, 2009...............       480234
                                       06-1930P)                30, 2009; Fort Bend     Thompson, Mayor, City
                                                                Sun.                    of Sugar Land, P.O.
                                                                                        Box 110, Sugar Land,
                                                                                        TX 77487.
    Travis..........................  City of Pflugerville     July 30, 2009; August   The Honorable Jeff      December 4, 2009............       481028
                                       (09-06-0609P)            6, 2009; Austin         Coleman, Mayor, City
                                                                American Statesman.     of Pflugerville, P.O.
                                                                                        Box 589,
                                                                                        Pflugerville, TX
                                                                                        78691.
    Travis..........................  Unincorporated areas of  July 30, 2009; August   The Honorable Samuel    December 4, 2009............       481026
                                       Travis County (09-06-    6, 2009; Austin         T. Biscoe, Travis
                                       0609P)                   American Statesman.     County Judge, 314
                                                                                        West 11th Street,
                                                                                        Suite 520, Austin, TX
                                                                                        78701.
    Webb............................  City of Laredo (08-06-   July 10, 2009; July     The Honorable Raul G.   November 16, 2009...........       480651
                                       2270P)                   17, 2009; Laredo        Salinas, Mayor, City
                                                                Morning Times.          of Laredo, 1110
                                                                                        Houston Street,
                                                                                        Laredo, TX 78040.
    Webb............................  City of Laredo (08-06-   July 9, 2009; July 16,  The Honorable Raul G.   November 10, 2009...........       480651
                                       2721P)                   2009; Laredo Morning    Salinas, Mayor, City
                                                                Times.                  of Laredo, 1110
                                                                                        Houston Street,
                                                                                        Laredo, TX 78040.
    Webb............................  Unincorporated areas of  August 4, 2009; August  The Honorable Danny     July 28, 2009...............       481059
                                       Webb County (09-06-      11, 2009; Laredo        Valdez, Webb County
                                       1293P)                   Morning Times.          Judge, 1000 Houston
                                                                                        Street, 3rd Floor,
                                                                                        Laredo, TX 78040.
Wisconsin:
    Dane............................  Unincorporated areas of  July 24, 2009; July     The Honorable Kathleen  July 15, 2009...............       550077
                                       Dane County (09-05-      31, 2009; Wisconsin     M. Falk, Dane County
                                       0486P)                   State Journal.          Executive, City
                                                                                        County Building, Room
                                                                                        118, 210 Martin
                                                                                        Luther King Jr.
                                                                                        Boulevard, Madison,
                                                                                        WI 53703.
    Dane............................  Village of De Forest     July 24, 2009; July     The Honorable Jeff      July 15, 2009...............       550082
                                       (09-05-0486P)            31, 2009; Wisconsin     Miller, Village
                                                                State Journal.          President, Village of
                                                                                        De Forest, 306 De
                                                                                        Forest Street, De
                                                                                        Forest, WI 53532.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2010-3428 Filed 2-22-10; 8:45 am]
BILLING CODE 9110-12-P