Changes in Flood Elevation Determinations

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Federal RegisterAug 17, 2011
76 Fed. Reg. 50913 (Aug. 17, 2011)

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) luis.rodriguez1@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.

[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:
Baldwin City of Gulf Shores (11-04-1670P) June 10, 2011; June 17, 2011; The Islander The Honorable Robert S. Craft Mayor, City of Gulf Shores P.O. Box 299 Gulf Shores, AL 36547 June 6, 2011 015005
Baldwin City of Orange Beach (11-04-4328P) June 22, 2011; June 29, 2011; The Islander The Honorable Tony Kennon Mayor, City of Orange Beach 4099 Orange Beach Boulevard, Orange Beach, AL 36561 June 14, 2011 015011
Madison City of Huntsville (10-04-7544P) June 30, 2011; July 7, 2011; The Huntsville Times The Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, P.O. Box 308, Huntsville, AL 35801 November 4, 2011 010153
Madison City of Huntsville (10-04-7862P) June 22, 2011; June 29, 2011; The Huntsville Times The Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, P.O. Box 308, Huntsville, AL 35801 October 27, 2011 010153
Madison City of Madison (10-04-7544P) June 30, 2011; July 7, 2011; The Huntsville Times The Honorable Paul Finley, Mayor, City of Madison, 100 Hughes Road, Madison, AL 35758 November 4, 2011 010308
California: Fresno Unincorporated areas of Fresno County (10-09-3948P) June 8, 2011; June 15, 2011; The Fresno Bee The Honorable Phil Larson, Chairman, Fresno County Board of Supervisors, 2281 Tulare Street, Room 300, Fresno, CA 93721 October 13, 2011 065029
Florida:
Bay City of Panama City (11-04-5514P) June 16, 2011; June 23, 2011; The News Herald The Honorable Gregory Brudnicki, Mayor, City of Panama City, 9 Harrison Avenue, Panama City, FL 32401 June 9, 2011 120012
Orange Unincorporated areas of Orange County (11-04-2514P) April 7, 2011; April 14, 2011; The Orlando Weekly The Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801 August 12, 2011 120179
Sarasota City of Sarasota (11-04-4005P) June 16, 2011; June 23, 2011; The Sarasota Herald-Tribune The Honorable Suzanne Atwell, Mayor, City of Sarasota, 1565 1st Street, Room 101, Sarasota, FL 34236 June 9, 2011 125150
Georgia: Muscogee City of Columbus-Muscogee County (Consolidated Government) (11-04-4624P) June 8, 2011; June 15, 2011; The Columbus Ledger-Enquirer The Honorable Teresa Tomlinson, Mayor, City of Columbus-Muscogee County Consolidated Government, 100 10th Street, Columbus, GA 31901 May 31, 2011 135158
Illinois:
Will Unincorporated areas of Will County (11-05-1594X) June 23, 2011; June 30, 2011; The Mokena Messenger Mr. Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432 October 28, 2011 170695
Will Village of Mokena (11-05-1594X) June 23, 2011; June 30, 2011; The Mokena Messenger The Honorable Joseph W. Werner, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448 October 28, 2011 170705
Kansas:
Johnson City of Lenexa (11-07-1137P) June 1, 2011; June 8, 2011; The Shawnee Dispatch The Honorable Michael Boehm, Mayor, City of Lenexa, P.O. Box 14888, Lenexa, KS 66285 October 6, 2011 200168
Johnson City of Shawnee (11-07-1137P) June 1, 2011; June 8, 2011; The Shawnee Dispatch The Honorable Jeff Meyers, Mayor, City of Shawnee, 11110 Johnson Drive, Shawnee, KS 66203 October 6, 2011 200177
Kentucky: Fayette Lexington-Fayette Urban County Government (11-04-0368P) June 22, 2011; June 29, 2011; The Lexington Herald-Leader The Honorable Jim Gray, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507 October 27, 2011 210067
Michigan:
Macomb City of St. Clair Shores (11-05-5445P) July 6, 2011; July 13, 2011; The St. Clair Shores Sentinel The Honorable Robert A. Hison, Mayor, City of St. Clair Shores, 27600 Jefferson Circle Drive, St. Clair Shores, MI 48081 June 22, 2011 260127
Shiawassee Charter Township of Owosso (11-05-0616P) June 3, 2011; June 10, 2011; The Argus Press Mr. Danny C. Miller, Supervisor, Owosso Charter Township, 2998 West M-2, P.O. Box 400, Owosso, MI 48867 October 11, 2011 260809
Shiawassee City of Owosso (11-05-0616P) June 3, 2011; June 10, 2011; The Argus Press The Honorable Benjamin Frederick, Mayor, City of Owosso, 301 West Main Street, Owosso, MI 48867 October 11, 2011 260596
Nevada: Clark City of Las Vegas (11-09-1593P) June 23, 2011; June 30, 2011; The Las Vegas Review-Journal The Honorable Oscar B. Goodman, Mayor, City of Las Vegas, 400 Stewart Avenue, Las Vegas, NV 89101 June 16, 2011 325276
North Carolina:
Union Unincorporated areas of Union County (11-04-1541P) June 2, 2011; June 9, 2011; The Charlotte Observer and The Enquirer-Journal Ms. Cynthia Coto, Union County Manager, Union County Government Center, 500 North Main Street, Room 918, Monroe, NC 28112 October 7, 2011 370234
Union Village of Marvin (11-04-1541P) June 2, 2011; June 9, 2011; The Charlotte Observer and The Enquirer-Journal The Honorable Nick Dispenziere, Mayor, Village of Marvin, 10004 New Town Road, Marvin, NC 28173 October 7, 2011 370514
Wake Town of Holly Springs (09-04-6226P) May 27, 2011; June 3, 2011; The News & Observer The Honorable Richard G. “Dick” Sears, Mayor, Town of Holly Springs, 128 South Main Street, Holly Springs, NC 27540 October 3, 2011 370403
Wake Unincorporated areas of Wake County (09-04-6226P) May 27, 2011; June 3, 2011; The News & Observer Mr. David Cooke, Wake County Manager, 337 South Salisbury Street, Suite 1100, Raleigh, NC 27602 October 3, 2011 370368
Ohio:
Clinton Unincorporated areas of Clinton County (10-05-7060P) June 2, 2011; June 9, 2011; The Wilmington News Journal Mr. Randy Riley, Clinton County Commissioners Board Member, 46 South South Street, 2nd Floor, Courthouse, Wilmington, OH 45177 October 7, 2011 390764
Clinton Village of Sabina (10-05-7060P) June 2, 2011; June 9, 2011; The Wilmington News Journal The Honorable Dean Carnahan, Mayor, Village of Sabina, 99 North Howard Street, Sabina, OH 45169 October 7, 2011 390627
Lake Unincorporated areas of Lake County (10-05-5769P) June 14, 2011; June 21, 2011; The News-Herald Mr. Raymond E. Sines, President, Lake County Board of Commissioners, 105 Main Street, Painesville, OH 44077 July 1, 2011 390771
Oregon: Linn City of Millersburg (11-10-0824P) June 6, 2011; June 13, 2011; The Democrat Herald The Honorable Clayton Wood, Mayor, City of Millersburg, 4222 Northeast Old Salem Road, Albany, OR 97321 October 12, 2011 410284
South Carolina:
Lexington City of Columbia (11-04-3465P) May 5, 2011; May 12, 2011; The Lexington County Chronicle The Honorable Steve Benjamin, Mayor, City of Columbia, P.O. Box 147, 1737 Main Street, Columbia, SC 29201 June 13, 2011 450172
Lexington Unincorporated areas of Lexington County (11-04-3465P) May 5, 2011;May 12, 2011; The Lexington County Chronicle The Honorable James E. Kinard, Jr., Chairman, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072 June 13, 2011 450129
Richland Unincorporated areas of Richland County (11-04-1879P) May 6, 2011; May 13, 2011; The Columbia Star The Honorable Paul Livingston, Chairman, Richland County Council, P.O. Box 192, 2020 Hampton, Street, 2nd Floor, Columbia, SC 29202 September 12, 2011 450170
Texas:
Dallas City of Dallas (11-06-3043P) June 9, 2011; June 16, 2011; The Dallas Morning News The Honorable Dwaine R. Caraway, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201 October 14, 2011 480171
Dallas City of Coppell (11-06-0227P) June 10, 2011; June 17, 2011; The Citizens' Advocate The Honorable Doug Stover, Mayor, City of Coppell, 255 Parkway Boulevard, Coppell, TX 75019 October 17, 2011 480170
Utah:
Washington City of St. George (11-08-0214P) May 31, 2011; June 7, 2011; The Spectrum The Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St., George, UT 84770 May 24, 2011 490177
Washington Unincorporated areas of Washington County (11-08-0214P) May 31, 2011; June 7, 2011; The Spectrum The Honorable Dennis B. Drake, Chairman, Washington County, Board of Commissioners, 197 East Tabernacle Street, St. George, UT 84770 May 24, 2011 490224
Wisconsin:
Brown Unincorporated areas of Brown County (11-05-4502P) June 28, 2011; July 5, 2011; The Green Bay Press Gazette The Honorable Guy Zima, Chairman, Brown County Board, 305 East Walnut Street, Green Bay, WI 54301 November 2, 2011 550020
Portage City of Stevens Point (10-05-7569P) July 15, 2011; July 22, 2011; The Portage County Gazette The Honorable Andrew Halverson, Mayor, City of Stevens Point, 1515 Strongs Avenue Steven, Point, WI 54481 October 31, 2011 550342

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: August 5, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2011-20865 Filed 8-16-11; 8:45 am]

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