Changes in Flood Elevation Determinations, 7955-7956 [2010-3428]

Download as PDF 7955 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations 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. Location and Case No. Date and name of newspaper where notice was published California: Shasta .......... City of Shasta Lake (09–09– 0170P) City of Colorado Springs (09– 08–0556P) Maryland: Montgomery Unincorporated areas of Montgomery County (09–03– 0599P) Ohio: Lorain .................. City of Avon (08–05–2056P) Oklahoma: Comanche .. City of Lawton (08–06–1958P) 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: ■ July 20, 2009; July 27, 2009, Record Searchlight. Colorado: El Paso ......... mstockstill on DSKH9S0YB1PROD with RULES State and county 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. VerDate Nov<24>2008 16:17 Feb 22, 2010 Jkt 220001 PO 00000 Chief executive officer of community Ms. Carol Martin, City Manager, City of Shasta Lake, P.O. Box 777, Shasta Lake, CA 96019. July 8, 2009; July 15, 2009; El The Honorable Lionel Rivera, Paso County Advertiser and Mayor, City of Colorado News. Springs, 30 South Nevada Avenue, Colorado Springs, CO 80903. July 30, 2009; August 6, 2009; The Honorable Isiah Leggett, Montgomery County Sentinel. Montgomery County Executive, Executive Office Building, 101 Monroe Street, 2nd Floor, Rockville, MD 20850. January 12, 2009; January 19, The Honorable James A. Smith, 2009; Morning Journal. Mayor, City of Avon, 36080 Chester Road, Avon, OH 44011. July 20, 2009; July 27, 2009; The Honorable John Purcell, Lawton Constitution. Mayor, City of Lawton, 3006 Northeast Muse Circle, Lawton, OK 72507. Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\23FER1.SGM 23FER1 Effective date of modification Community No. July 10, 2009 .......... 060758 June 30, 2009 ......... 080060 July 24, 2009 .......... 240049 December 31, 2008 390348 July 15, 2009 .......... 400049 7956 Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Rules and Regulations State and county Texas: Fort Bend ............... Date and name of newspaper where notice was published Location and Case No. Unincorporated areas of Fort Bend County (09–06–1930P) Fort Bend ............... Fort Bend County L.I.D. #7 (09–06–1930P) Fort Bend ............... City of Sugarland 1930P) Travis ..................... City of Pflugerville (09–06– 0609P) Travis ..................... Unincorporated areas of Travis County (09–06–0609P) Webb ...................... City of Laredo (08–06–2270P) Webb ...................... City of Laredo (08–06–2721P) Webb ...................... Unincorporated areas of Webb County (09–06–1293P) Wisconsin: Dane ...................... Dane ...................... (09–06– July 24, 2009; July 31, 2009; Wisconsin State Journal. Village of De Forest (09–05– 0486P) July 24, 2009; July 31, 2009; Wisconsin State Journal. 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 DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency mstockstill on DSKH9S0YB1PROD with RULES 44 CFR Part 65 [Docket ID FEMA–2010–0003; Internal Agency Docket No. FEMA–B–1073] Changes in Flood Elevation Determinations AGENCY: Federal Emergency Management Agency, DHS. ACTION: Interim rule. VerDate Nov<24>2008 The Honorable Robert E. Hebert, PhD, Fort Bend County Judge, 301 Jackson Street, Richmond, TX 77469. July 23, 2009; July 30, 2009; The Honorable Epifanio Salazar, Fort Bend Sun. Chairman, Board of Directors, Fort Bend County L.I.D. #7, 1300 Post Oak Boulevard, Suite 1400, Houston, TX 77027. July 23, 2009; July 30, 2009; The Honorable James A. ThompFort Bend Sun. son, Mayor, City of Sugar Land, P.O. Box 110, Sugar Land, TX 77487. July 30, 2009; August 6, 2009; The Honorable Jeff Coleman, Austin American Statesman. Mayor, City of Pflugerville, P.O. Box 589, Pflugerville, TX 78691. July 30, 2009; August 6, 2009; The Honorable Samuel T. Austin American Statesman. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701. July 10, 2009; July 17, 2009; The Honorable Raul G. Salinas, Laredo Morning Times. Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040. July 9, 2009; July 16, 2009; The Honorable Raul G. Salinas, Laredo Morning Times. Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040. August 4, 2009; August 11, The Honorable Danny Valdez, 2009; Laredo Morning Times. Webb County Judge, 1000 Houston Street, 3rd Floor, Laredo, TX 78040. July 23, 2009; July 30, 2009; Fort Bend Sun. Unincorporated areas of Dane County (09–05–0486P) (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) 16:17 Feb 22, 2010 Jkt 220001 Chief executive officer of community The Honorable Kathleen M. Falk, Dane County Executive, City County Building, Room 118, 210 Martin Luther King Jr. Boulevard, Madison, WI 53703. The Honorable Jeff Miller, Village President, Village of De Forest, 306 De Forest Street, De Forest, WI 53532. 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Effective date of modification Community No. July 17, 2009 .......... 480228 July 17, 2009 .......... 481594 July 17, 2009 .......... 480234 December 4, 2009 .. 481028 December 4, 2009 .. 481026 November 16, 2009 480651 November 10, 2009 480651 July 28, 2009 .......... 481059 July 15, 2009 .......... 550077 July 15, 2009 .......... 550082 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. 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\23FER1.SGM 23FER1

Agencies

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



[[Page 7955]]

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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-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
                                       7 (09-06-       30, 2009; Fort Bend     Salazar, Chairman,
                                       1930P)                   Sun.                    Board of Directors,
                                                                                        Fort Bend County
                                                                                        L.I.D. 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
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