Rules and Regulations. Interim rule

Agency: Federal Emergency Management Agency, DHS
Action: Interim rule
Citation: FR Doc. 2011-9344 · Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1191 · 44 CFR 65

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.

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. Arizona: Maricopa Town of Cave Creek, (10-09-2786P) February 17, 2011; February 24, 2011; The Arizona Business Gazette The Honorable Vincent Francia, Mayor, Town of Cave Creek, 37622 Cave Creek Road, Cave Creek, AZ 85331 June 24, 2011 040129 California: Ventura City of Camarillo, (10-09-2501P) February 4, 2011; February 11, 2011; The Ventura County Star The Honorable Mike Morgan, Mayor, City of Camarillo, 601 Carmen Drive, Camarillo, CA 93010 June 13, 2011 065020 Ventura City of Moorpark, (10-09-2904P) February 4, 2011; February 11, 2011; The Ventura County Star The Honorable Janice S. Parvin, Mayor, City of Moorpark, 799 Moorpark Avenue, Moorpark, CA 93021 June 13, 2011 060712 Ventura Unincorporated areas of Ventura County, (10-09-2501P) February 4, 2011; February 11, 2011; The Ventura County Star Ms. Linda Parks, Chair, Ventura County Board of Supervisors, 800 South Victoria Avenue, Ventura, CA 93009 June 13, 2011 060413 Ventura Unincorporated areas of Ventura County, (10-09-2904P) February 4, 2011; February 11, 2011; The Ventura County Star Ms. Linda Parks, Chair, Ventura County Board of Supervisors, 800 South Victoria Avenue, Ventura, CA 93009 June 13, 2011 060413 Colorado: Adams City of Thornton, (10-08-0748P) February 17, 2011; February 24, 2011; The Northglenn-Thornton Sentinel The Honorable Mack Goodman, Mayor Pro Tempore, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229 June 24, 2011 080007 Adams Unincorporated areas of Adams County, (10-08-0748P) February 17, 2011; February 24, 2011; The Northglenn-Thornton Sentinel Mr. W. R. “Skip” Fischer, Chair, Adams County Board of Commissioners, 4430 South Adams County Parkway, Brighton, CO 80601 June 24, 2011 080001 Douglas Unincorporated areas of Douglas County, (11-08-0030P) February 10, 2011; Feburary 17, 2011; The Douglas County News-Press Ms. Jill Repella, Chair, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104 June 17, 2011 080049 El Paso City of Colorado Springs, (10-08-0471P) January 5, 2011; January 12, 2011; The El Paso County Advertiser and News The Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901 December 29, 2010 080060 Summit Town of Breckenridge, (10-08-0858P) February 25, 2011; March 4, 2011; The Summit County Journal The Honorable John Warner, Mayor, Town of Breckenridge, P.O. Box 168, Breckenridge, CO 80424 July 5, 2011 080172 Summit Unincorporated areas of Summit County, (10-08-0858P) February 25, 2011; March 4, 2011; The Summit County Journal * Ms. Karn Stiegelmeier, Chair, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, CO 80424 July 5, 2011 080290 Florida: Lee Unincorporated areas of Lee County, (10-04-7794P) November 3, 2010; November 10, 2010; The News-Press Mr. Frank Mann, Chair, Lee County Board of Commissioners, 2115 2nd Street Fort Myers, FL 33901 October 27, 2010 125124 Monroe City of Key West, (11-04-2484X) February 9, 2011; February 16 2011; The Key West Citizen The Honorable Craig Cates, Mayor, City of Key West, 525 Angela Street, Key West, FL 33040 January 31, 2011 120168 Monroe Unincorporated areas of Monroe County, (11-04-2484X) February 9, 2011; February 16 2011; The Key West Citizen The Honorable Heather Carruthers, Mayor, Monroe County, 1100 Simonton Street, Key West, FL 33040 January 31, 2011 125129 Orange City of Ocoee, (10-04-8380P) February 22, 2011; March 1, 2011; The Orlando Sentinel The Honorable S. Scott Vandergrift, Mayor, City of Ocoee, 150 North Lakeshore Drive, Ocoee, FL 34761 February 14, 2011 120185 Hawaii: Hawaii Unincorporated areas of Hawaii County, (10-09-3793P) January 3, 2011; January 10, 2011; The Hawaii Tribune-Herald The Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720 May 10, 2011 155166 North Carolina: Caldwell Unincorporated areas of Caldwell County, (10-04-7739P) January 20, 2011; January 27, 2011; The Lenoir News-Topic Mr. Ben Griffin, Chair, Caldwell County Board of Commissioners, P.O. Box 2200, 905 West Avenue, NW, Lenoir, NC 28645 May 27, 2011 370039 Dare Town of Kill Devil Hills, (10-04-3184P) November 9, 2010; November 16, 2010; The Coastland Times The Honorable Raymond Sturza, Mayor, Town of Kill Devil Hills, P.O. Box 1719, Kill Devil Hills, NC 27948 October 29, 2010 375353 Wake Town of Apex, (10-04-4743P) January 28, 2011; February 4, 2011; The News & Observer The Honorable Keith H. Weatherly, Mayor, Town of Apex, 73 Hunter Street, Apex, NC 27502 June 6, 2011 370467 Tennessee: Sullivan City of Kingsport, (10-04-7017P) February 14, 2011; February 21, 2011; The Kingsport Times-News The Honorable Dennis R. Phillips, Mayor, City of Kingsport, 225 West Center Street, Kingsport, TN 37660 June 21, 2011 470184 Utah: Washington City of St. George, (11-08-0105P) February 11, 2011; Feburary 18, 2011; The Spectrum The Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St. George, UT 84770 February 4, 2011 490177 Wyoming: Uinta Unincorporated areas of Uinta County, (10-08-0740P) December 17, 2010; December 24, 2010; The Uinta County Herald Mr. Mick Powers, Chair, Uinta County Board of Commissioners, 225 9th Street, Evanston, WY 82930 April 25, 2011 560053 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: April 8, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-9344 Filed 4-15-11; 8:45 am]