Changes in Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1201]

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:

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.

§ 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.

Delaware:

New Castle

Town of Odessa (11-03-0744P)

March 31, 2011; April 7, 2011;

The Middletown Transcript

The Honorable Kathy Harvey, Mayor, Town of Odessa, P.O. Box 111, Odessa, DE 19730

August 5, 2011

100066

New Castle

Unincorporated areas of New Castle County (10-03-1927P)

January 7, 2011; January 14, 2011;

The News Journal

The Honorable Paul G. Clark, New Castle County Executive, 87 Reads Way, New Castle, DE 19720

May 16, 2011

105085

New Mexico: Santa Fe

City of Santa Fe (10-06-2026P)

March 3, 2011; March 10, 2011;

The Santa Fe New Mexican

The Honorable David Coss, Mayor, City of Santa Fe, 200 Lincoln Avenue, Santa Fe, NM 87504

February 24, 2011

350070

Oklahoma:

Cleveland

City of Norman (10-06-1004P)

October 6, 2010; October 13, 2010;

The Norman Transcript

The Honorable Cindy S. Rosenthal, Mayor, City of Norman, 201 West Gray Street, Norman, OK 73069

September 29, 2010

400046

Kay

City of Ponca City (10-06-2643P)

March 14, 2011; March 21, 2011;

The Ponca City News

The Honorable Homer Nicholson, Mayor, City of Ponca City, 516 East Grand Avenue, Ponca City, OK 74601

July 19, 2011

400080

Oklahoma

City of Oklahoma City (10-06-1884P)

March 30, 2011; April 6, 2011;

The Journal Record

The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102

July 28, 2011

405378

Osage and Tulsa

Town of Skiatook (10-06-0568P)

February 23, 2011; March 2, 2011;

The Skiatook Journal

The Honorable Steve Kendrick, Mayor, Town of Skiatook, P.O. Box 399, Skiatook, OK 74070

June 30, 2011

400212

Tulsa

Unincorporated areas of Tulsa County (10-06-1294P)

March 23, 2011; March 30, 2011;

The Tulsa World

The Honorable Fred Perry, Chairman, Tulsa County Board of Commissioners, 500 South Denver Avenue West, Tulsa, OK 74103

April 18, 2011

400462

Pennsylvania:

Cumberland

Township of Upper Allen (10-03-1016P)

November 15, 2010; November 22, 2010;

The Patriot-News

The Honorable James G. Cochran, President, Township of Upper Allen Board of Commissioners, 100 Gettysburg Pike, Mechanicsburg, PA 17055

March 22, 2011

420372

McKean

Borough of Port Allegany (10-03-1879P)

March 24, 2011; March 31, 2011;

The Reporter Argus

The Honorable Donald G. Carley, Mayor, Borough of Port Allegany, 45 West Maple Street, Port Allegany, PA 16743

April 18, 2011

420671

McKean

Township of Liberty (10-03-1879P)

March 24, 2011; March 31, 2011;

The Reporter Argus

The Honorable Gary L. Turner, Chairman, Township of Liberty Board of Supervisors, 21514 Route 6, Port Allegany, PA 16743

April 18, 2011

420668

Texas:

Bexar

City of San Antonio (09-06-3178P)

April 6, 2011; April 13, 2011;

The Hart Beat

The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283

March 30, 2011

480045

Bexar

City of San Antonio (10-06-1080P)

February 11, 2011; February 18, 2011;

The San Antonio Express-News

The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283

February 4, 2011

480045

Bexar

City of San Antonio (10-06-3684P)

April 6, 2011; April 13, 2011;

The San Antonio Express-News

The Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283

August 11, 2011

480045

Bexar

City of Selma (09-06-3178P)

April 6, 2011; April 13, 2011;

The Hart Beat

The Honorable Tom Daly, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154

March 30, 2011

480046

Collin

City of Frisco (11-06-1691P)

April 1, 2011; April 8, 2011;

The Frisco Enterprise

The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034

March 25, 2011

480134

Collin

City of Royse City (10-06-1217P)

September 22, 2010; September 29, 2010;

The Royse City Herald Banner

The Honorable Jerrell Baley, Mayor, City of Royse City, P.O. Box 638, Royse City, TX 75189

January 27, 2011

480548

Collin

Unincorporated areas of Collin County (10-06-1217P)

September 22, 2010; September 29, 2010;

The Dallas Morning News

The Honorable Keith Self, Collin County Judge, 2300 Bloomdale Road, Suite 4192, McKinney, TX 75071

January 27, 2011

480130

Dallas

City of Dallas (10-06-2771P)

March 28, 2011; April 4, 2011;

The Dallas Morning News

The Honorable Dwaine Caraway, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201

April 20, 2011

480171

Dallas

City of Garland (10-06-1854P)

March 31, 2011; April 7, 2011;

The Dallas Morning News

The Honorable Ronald E. Jones, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046

August 5, 2011

485471

Dallas

City of Richardson (10-06-3245P)

April 5, 2011; April 12, 2011;

The Dallas Morning News

The Honorable Gary Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, TX 75083

August 10, 2011

480184

Dallas

City of Rowlett (10-06-1854P)

March 31, 2011; April 7, 2011;

The Dallas Morning News

The Honorable John E. Harper, Mayor, City of Rowlett, 4000 Main Street, Rowlett, TX 75088

August 5, 2011

480185

Denton

City of Denton (11-06-0102P)

March 22, 2011; March 29, 2011;

The Denton Record-Chronicle

The Honorable Mark Burroughs, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201

July 27, 2011

480194

Denton

Unincorporated areas of Denton County (10-06-3227P)

March 9, 2011; March 16, 2011;

The Denton Record-Chronicle

The Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, 2nd Floor, Denton, TX 76201

July 14, 2011

480774

Fort Bend and Waller

City of Katy (10-06-2439P)

March 3, 2011; March 10, 2011;

The Katy Times

and

The Waller County News Citizen

The Honorable Don Elder, Jr., Mayor, City of Katy, 901 Avenue C, Katy, TX 77493

July 8, 2011

480301

Guadalupe

City of Cibolo (10-06-3676P)

April 7, 2011; April 14, 2011;

The Seguin Gazette

The Honorable Jennifer Hartman, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108

August 12, 2011

480267

Kaufman

City of Forney (10-06-1509P)

January 20, 2011; January 27, 2011;

The Forney Messenger

The Honorable Darren Rozell, Mayor, City of Forney, P.O. Box 826, Forney, TX 75126

July 4, 2011

480410

Tarrant

City of Fort Worth (10-06-1954P)

October 5, 2010; October 12, 2010;

The Fort Worth Star-Telegram

The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102

February 9, 2011

480596

Tarrant

City of North Richland Hills (10-06-1292P)

November 5, 2010; November 12, 2010;

The Fort Worth Star-Telegram

The Honorable Oscar Trevino, Mayor, City of North Richland Hills, P.O. Box 820609, Richland Hills, TX 76182

February 28, 2011

480607

Tarrant

City of North Richland Hills (10-06-1455P)

September 3, 2010; September 10, 2010;

The Fort Worth Star-Telegram

The Honorable Oscar Trevino, Mayor, City of North Richland Hills, P.O. Box 820609, Richland Hills, TX 76182

August 26, 2010

480607

Travis

City of Austin (10-06-1285P)

December 30, 2010; January 6, 2011;

The Austin American-Statesman

The Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767

December 23, 2010

480624

Travis

City of Austin (10-06-2352P)

April 6, 2011; April 13, 2011;

The Austin American-Statesman

The Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767

August 11, 2011

480624

Waller

Unincorporated areas of Waller County (10-06-2439P)

March 3, 2011; March 10, 2011;

The Katy Times

and

The Waller County News Citizen

The Honorable Glenn Beckendorff, Waller County Judge, 836 Austin Street, Suite 203, Hempstead, TX 77445

July 8, 2011

480640

Williamson

City of Cedar Park (10-06-2438P)

November 11, 2010; November 18, 2010;

The Hill Country News

The Honorable Bob Lemon, Mayor, City of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613

March 18, 2011

481282

Williamson

City of Leander (09-06-3213P)

January 27, 2011; February 3, 2011;

The Leander Ledger

The Honorable John Cowman, Mayor, City of Leander, P.O. Box 319, Leander, TX 78646

June 3, 2011

481536

Virginia: Frederick

Unincorporated areas of Frederick County (11-03-0191P)

December 28, 2010; January 4, 2011;

The Winchester Star

The Honorable Richard C. Shickle, Chairman, Frederick County Board of Supervisors, 292 Green Spring Road, Winchester, VA 22603

May 4, 2011

510063

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

Dated: July 8, 2011.

Sandra K. Knight,

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

[FR Doc. 2011-18619 Filed 7-22-11; 8:45 am]

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