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Changes in Flood Elevation Determinations

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Federal Emergency Management Agency, DHS.


Interim rule.


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.


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 FEMA Assistant Administrator for Mitigation reconsider the changes. The modified BFEs may be changed during the 90-day period.


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.

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Kevin C. Long, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820.

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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.

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List of Subjects in 44 CFR Part 65

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1. The authority citation for part 65 continues to read as follows:

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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.

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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocation and case No.Date and name of newspaper where notice was published of sale of flood insurance in communityChief executive officer of communityEffective date of modificationCommunity No.
ArapahoeCity of Aurora (09-08-0620P)July 2, 2009; July 9, 2009; Aurora SentinelThe Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012June 23, 2009080002
ArapahoeCity of Sheridan (09-08-0267P)June 12, 2009; June 19, 2009; Englewood HeraldThe Honorable Mary Carter, Mayor, City of Sheridan, 4101 South Federal Boulevard, Sheridan, CO 80110October 19, 2009080018
DenverCity and County of Denver (09-08-0620P)July 2, 2009; July 9, 2009; Denver PostThe Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202June 23, 2009080046
MarionCity of Ocala (09-04-0503P)June 25, 2009; July 2, 2009; Star BannerThe Honorable Randy Ewers, Mayor, City of Ocala, P.O. Box 1270, Ocala, FL 34478June 12, 2009120330
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OrangeCity of Orlando (09-04-3112P)July 9, 2009; July 16, 2009; Orlando WeeklyThe Honorable Buddy Dyer, Mayor, City of Orlando, 400 South Orange Avenue, Orlando, FL 32802September 28, 2009120186
SumterUnincorporated areas of Sumter County (09-04-3548P)July 9, 2009; July 16, 2009; Sumter County TimesThe Honorable Richard Hoffman, Commissioner, District 1, Sumter County Board of Commissioners, 910 North Main Street, Bushnell, FL 33513June 30, 2009120296
DuPageVillage of Villa Park (08-05-4476P)July 10, 2009; July 17, 2009; Villa Park ArgusThe Honorable Joyce Stupegia, Village President, Village of Villa Park, 20 South Ardmore Avenue, Villa Park, IL 60181June 29, 2009170217
WillUnincorporated areas of Will County (09-05-3443P)July 6, 2009; July 13, 2009; The Herald NewsThe Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432November 10, 2009170695
ElkhartCity of Elkhart (09-05-0815P)July 3, 2009; July 10, 2009; The Elkhart TruthThe Honorable David Miller, Mayor, City of Elkhart, Municipal Building, 229 South 2nd Street, Elkhart, IN 46516November 9, 2009180057
ElkhartUnincorporated areas of Elkhart County (09-05-0815P)July 3, 2009; July 10, 2009; The Elkhart TruthThe Honorable Terry Rodino, President, Elkhart County Board of Commissioners, 117 North 2nd Street, Goshen, IN 46526November 9, 2009180056
Kansas: McPhersonCity of McPherson (09-07-0243P)July 7, 2009; July 14, 2009; McPherson SentinelThe Honorable Thomas A. Brown, Mayor, City of McPherson, P.O. Box 1008, McPherson, KS 67460June 26, 2009200217
AnokaCity of Blaine (08-05-4922P)March 27, 2009; April 3, 2009; Blaine-Spring Lake Park LifeThe Honorable Thomas Ryan, Mayor, City of Blaine, 12147 Radisson Road Northeast, Blaine, MN 55449July 27, 2009270007
AnokaCity of Coon Rapids (08-05-4922P)March 27, 2009; April 3, 2009; Coon Rapids HeraldThe Honorable Tim Howe, Mayor, City of Coon Rapids, 11155 Robinson Drive, Coon Rapids, MN 55433July 27, 2009270011
Mississippi: RankinCity of Richmond (09-04-2764P)July 8, 2009; July 15, 2009; Rankin County NewsThe Honorable Shirley Hall, Mayor, City of Richland, P.O. Box 180609, Richland, MS 39218July 30, 2009280299
Montana: CarbonCity of Red Lodge (09-08-0545P)June 11, 2009; June 18, 2009; Carbon County NewsThe Honorable Betsy Scanlin, Mayor, City of Red Lodge, P.O. Box 9, Red Lodge, MT 59068October 16, 2009300007
FranklinCity of Dublin (08-05-2843P)June 17, 2009; June 24, 2009; The Dublin NewsThe Honorable Mary Chinnici-Zuercher, Mayor, City of Dublin, 5200 Emerald Parkway, Dublin, OH 43017October 22, 2009390673
HancockUnincorporated areas of Hancock County (09-05-2984P)June 30, 2009; July 7, 2009; The CourierThe Honorable Edward D. Ingold, Hancock County Commissioner, 322 South Main Street, Findlay, OH 45840November 4, 2009390767
South Carolina: LancasterUnincorporated areas of Lancaster County (09-04-1036P)June 8, 2009; June 15, 2009; Rock Hill HeraldThe Honorable Steve Willis, County Administrator, Lancaster County, P.O. Box 1809, Lancaster, SC 29721October 13, 2009450120
BexarUnincorporated areas of Bexar County (08-06-2311P)July 6, 2009; July 13, 2009; Daily Commercial RecorderThe Honorable Nelson W. Wolff, Bexar County Judge, Bexar County Courthouse, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205July 30, 2009480035
CollinCity of Plano (08-06-2741P)July 3, 2009; July 10, 2009; Plano Star CourierThe Honorable Phil Dyer, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074November 9, 2009480140
TravisCity of Austin (08-06-3046P)May 12, 2009; May 19, 2009; Austin American StatesmanThe Honorable Will Wynn, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767April 30, 2009480624
WebbCity of Laredo (09-06-0689P)June 11, 2009; June 18, 2009; Laredo Morning TimesThe Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040October 16, 2009480651
Prince EdwardTown of Farmville (08-03-1396P)July 1, 2009; July 8, 2009; Farmville HeraldThe Honorable Sydnor C. Newman, Jr., Mayor, Town of Farmville, 116 North Main Street, Farmville, VA 23901October 3, 2009510118
Independent CityCity of Harrisonburg (09-03-0277P)June 26, 2009; July 3, 2009; Daily News-RecordThe Honorable Kai Degner, Mayor, City of Harrisonburg, 345 South Main Street, Harrisonburg, VA 22801November 2, 2009510076
Independent CityCity of Waynesboro (09-03-0235P)June 8, 2009; June 15, 2009; The News VirginianThe Honorable Timothy D. Williams, Mayor, City of Waynesboro, P.O. Box 1028, Waynesboro, VA 22980June 29, 2009515532
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Wisconsin: DaneUnincorporated areas of Dane County (08-05-5051P)June 26, 2009; July 3, 2009; Wisconsin State JournalThe Honorable Kathleen Falk, Dane County Executive, City County Building, Room 421, 210 Martin Luther King Jr. Boulevard, Madison, WI 53703November 2, 2009550077

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

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Deborah S. Ingram,

Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. E9-25858 Filed 10-26-09; 8:45 am]