Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29195 

* * * * * 

Approved: May 17, 2010. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

[FR Doc. 2010–12526 Filed 5–24–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1102] 

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) 

kevin.long@dhs.gov. 

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. 

■ 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. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: St. Clair ... Unincorporated 

areas of St. Clair 

County (09–04– 

6331P).

December 24, 2009; December 

31, 2009; The St. Clair 

News-Aegis.

Mr. Stanley Batemon, Chairman, St. Clair 

County Commission, 165 5th Avenue, 

Suite 100, Ashville, AL 35953.

April 30, 2010 ................. 010290 

Arizona:.

Pima ................. Town of Marana 

(09–09–0980P).

September 21, 2009; September 28, 2009; Daily Territorial.

The Honorable Ed Honea, Mayor, Town 

of Marana, 11555 West Civic Center 

Drive, Marana, AZ 85653.

January 26, 2010 ........... 040118 

Pima ................. Town of Marana 

(08–09–1811P).

October 9, 2009; October 16, 

2009; Daily Territorial.

The Honorable Ed Honea, Mayor, Town 

of Marana, 11555 West Civic Center 

Drive, Marana, AZ 85653.

January 19, 2010 ........... 040118 

Pima ................. Town of Oro Valley 

(08–09–1811P).

October 9, 2009; October 16, 

2009; Daily Territorial.

The Honorable Paul H. Loomis, Mayor, 

Town of Oro Valley, 11000 North La 

Canada Drive, Oro Valley, AZ 85737.

January 19, 2010 ........... 040109 


cprice-sewell on DSK8KYBLC1PROD with RULES
29196 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Pima ................. Unincorporated 

areas of Pima 

County (08–09– 

1811P).

October 9, 2009; October 16, 

2009; Daily Territorial.

The Honorable Richard Elias, Chairman, 

Pima County Board of Supervisors, 130 

West Congress Street, 11th Floor, Tucson, AZ 85701.

January 19, 2010 ........... 040073 

Yuma ................ Unincorporated 

areas of Yuma 

County (09–09– 

1722P).

December 21, 2009; December 

28, 2009; Yuma Sun.

The Honorable Gregory S. Ferguson, 

Chairman, Yuma County Board of Supervisors, 198 South Main Street, 

Yuma, AZ 85364.

December 7, 2009 .......... 040099 

Arkansas: 

Benton .............. Town of Bethel 

Heights (09–06– 

1075P).

January 6, 2010; January 13, 

2010; Arkansas DemocratGazette.

The Honorable Fred Jack, Mayor, Town 

of Bethel Heights, 530 Sunrise Drive, 

Bethel Heights, AR 72764.

May 13, 2010 ................. 050386 

Benton .............. City of Lowell (09– 

06–1075P).

January 6, 2010; January 13, 

2010; Arkansas DemocratGazette.

The Honorable Perry Long, Mayor, City of 

Lowell, 216 North Lincoln Street, Lowell, AR 72745.

May 13, 2010 ................. 050342 

California: Santa 

Clara.

City of San Jose 

(10–09–0251P).

January 5, 2010; January 12, 

2010; San Jose Mercury 

News.

The Honorable Chuck Reed, Mayor, City 

of San Jose, 200 East Santa Clara 

Street, San Jose, CA 95113.

December 29, 2009 ........ 060349 

Florida: 

Hillsborough ..... Unincorporated 

areas of 

Hillsborough 

County (09–04– 

6011P).

January 4, 2010; January 11, 

2010; Tampa Tribune.

The Honorable Ken Hagan, Chairman, 

Hillsborough County Board of Commissioners, P.O. Box 1110, Tampa, FL 

33601.

January 22, 2010 ........... 120112 

Lake .................. Unincorporated 

areas of Lake 

County (09–04– 

4297P).

January 4, 2010; January 11, 

2010; Daily Commercial.

The Honorable Welton G. Cadwell, Chairman, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 

32778.

May 11, 2010 ................. 120421 

Illinois: 

Kane ................. City of Elgin (09–05– 

2958P).

December 29, 2009; January 5, 

2010; Courier News.

The Honorable Edward Schock, Mayor, 

City of Elgin, 150 Dexter Court, Elgin, 

IL 60120.

May 5, 2010 ................... 170087 

Kane ................. Village of Hampshire 

(09–05–2792P).

December 22, 2009; December 

29, 2009; Kane County 

Chronicle.

The Honorable Jeffrey Magnussen, President, Village of Hampshire, P.O. Box 

457, Hampshire, IL 60140.

April 28, 2010 ................. 170327 

Kane ................. Unincorporated 

areas of Kane 

County (09–05– 

2792P).

December 22, 2009; December 

29, 2009; Kane County 

Chronicle.

The Honorable Karen McConnaughay, 

Chairman, Kane County Board of Commissioners, 719 South Batavia Avenue, 

Geneva, IL 60134.

April 28, 2010 ................. 170896 

Sedgwick .......... City of Park City 

(09–07–1605P).

January 4, 2010; January 11, 

2010; Wichita Eagle.

The Honorable Emil Bergquist, Mayor, 

City of Park City, 6110 North Hydraulic 

Street, Park City, KS 67219.

May 11, 2010 ................. 200963 

Sedgwick .......... Unincorporated 

areas of Sedgwick 

County (09–07– 

1605P).

January 4, 2010; January 11, 

2010; Wichita Eagle.

The Honorable Kelly Parks, Chairman, 

Sedgwick County Board of Commissioners, 525 North Main Street, Suite 

320, Wichita, KS 67203.

May 11, 2010 ................. 200321 

Louisiana: Caddo .... City of Shreveport 

(09–06–2855P).

January 4, 2010; January 11, 

2010; The Times.

The Honorable Cedric Glover, Mayor, City 

of Shreveport, 505 Travis Street, 

Shreveport, LA 71101.

May 11, 2010 ................. 220036 

Ohio: 

Lucas ................ City of Toledo (09– 

05–5298P).

January 6, 2010; January 13, 

2010; Toledo Blade.

The Honorable Carleton S. Finkbeiner, 

Mayor, City of Toledo, 1 Government 

Center, 640 Jackson, Suite 2200, Toledo, OH 43604.

December 29, 2009 ........ 395373 

Miami ................ City of Troy (09–05– 

3442P).

December 14, 2009; December 

21, 2009; Troy Daily News.

The Honorable Michael Beamish, Mayor, 

City of Troy, 100 South Market Street, 

Troy, OH 45373.

December 30, 2009 ........ 390402 

Montgomery ..... City of Moraine (08– 

05–1380P).

December 9, 2009; December 

16, 2009; Dayton Daily News.

The Honorable Roger Mathney, Mayor, 

City of Moraine, 4200 Dryden Road, 

Moraine, OH 45439.

April 15, 2010 ................. 390414 

Montgomery ..... City of West 

Carrollton (08–05– 

1380P).

December 9, 2009; December 

16, 2009; Dayton Daily News.

The Honorable Jeffery W. Sanner, Mayor, 

City of West Carrollton, 300 East Central Avenue, West Carrollton, OH 45449.

April 15, 2010 ................. 390419 

Oklahoma: 

Tulsa ................. City of Glenpool 

(09–06–0482P).

January 7, 2010; January 14, 

2010; Tulsa Daily Commerce 

& Legal News.

The Honorable Shayne Buchanan, Mayor, 

City of Glenpool, P.O. Box 70, 

Glenpool, OK 74033.

December 30, 2009 ........ 400208 

Tulsa ................. Unincorporated 

areas of Tulsa 

County (09–06– 

0482P).

January 7, 2010; January 14, 

2010; Tulsa Daily Commerce 

& Legal News.

The Honorable Karen Keith, Tulsa County 

Board of Commissioners, 500 South 

Denver Avenue, Tulsa, OK 74103.

December 30, 2009 ........ 400462 

Pennsylvania: 

Chester ............. Borough of West 

Chester (09–03– 

1120P).

January 4, 2010; January 11, 

2010; Daily Local News.

The Honorable Dick B. Yoder, Mayor, 

Borough of West Chester, 401 East 

Gay Street, West Chester, PA 19380.

December 24, 2009 ........ 420292 

Northampton ..... City of Bethlehem 

(09–03–1764P).

December 31, 2009; January 7, 

2010; Express-Times.

The Honorable John B. Callahan, Mayor, 

City of Bethlehem, 10 East Church 

Street, Bethlehem, PA 18018.

December 22, 2009 ........ 420718 

Tennessee: Wilson .. City of Lebanon (10– 

04–0682P).

January 8, 2010; January 15, 

2010; Lebanon Democrat.

The Honorable Philip Craighead, Mayor, 

City of Lebanon, 200 North Castle 

Heights Avenue, Suite 100, Lebanon, 

TN 37087.

May 17, 2010 ................. 470208 


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Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29197 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Texas: 

Brazoria ............ City of Angleton (08– 

06–2457P).

June 8, 2009; June 15, 2009; 

The Facts.

The Honorable J. Patrick Henry, Mayor, 

City of Angleton, 121 South Velasco 

Street, Angleton, TX 77515.

October 13, 2009 ........... 480064 

Collin ................ City of Frisco (09– 

06–2567P).

January 8, 2010; January 15, 

2010; Frisco Enterprise.

The Honorable Maher Maso, Mayor, City 

of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034.

May 17, 2010 ................. 480134 

Denton .............. City of Lewisville 

(09–06–0314P).

December 30, 2009; January 6, 

2010; Lewisville Leader.

The Honorable Dean Ueckert, Mayor, City 

of Lewisville, P.O. Box 299002, 

Lewisville, TX 75029.

May 6, 2010 ................... 480195 

Lubbock ............ City of Lubbock (08– 

06–2706P).

January 4, 2010; January 11, 

2010; Lubbock AvalancheJournal.

The Honorable Tom Martin, Mayor, City 

of Lubbock, P.O. Box 2000, Lubbock, 

TX 79457.

May 11, 2010 ................. 480452 

Travis ................ City of Austin (09– 

06–2275P).

January 8, 2010; January 15, 

2010; Austin American 

Statesman.

The Honorable Lee Leffingwell, Mayor, 

City of Austin, P.O. Box 1088, Austin, 

TX 78767.

May 17, 2010 ................. 480624 

Virginia: City of Newport News.City of Newport 

News (09–03– 

1019P).

December 24, 2009; December 

31, 2009; Daily Press.

The Honorable Joe S. Frank, Mayor, City 

of Newport News, 2400 Washington 

Avenue, Newport News, VA 23607.

April 30, 2010 ................. 510103 

Wyoming: 

Campbell .......... Unincorporated 

areas of Campbell 

County (09–08– 

0286P).

January 4, 2010; January 11, 

2010; The News-Record.

The Honorable Dan Coolidge, Chairman, 

Campbell County Board of Commissioners, 901 Fairway Drive, Gillette, WY 

82718.

May 11, 2010 ................. 560081 

Campbell .......... City of Gillette (09– 

08–0286P).

January 4, 2010; January 11, 

2010; The News-Record.

The Honorable Duane Evenson, Mayor, 

City of Gillette, 1411 West 4th Street, 

Gillette, WY 82716.

May 11, 2010 ................. 560007 

(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. 2010–12475 Filed 5–24–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–B–1099] 

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) 

kevin.long@dhs.gov. 

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. 


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