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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 Deputy Federal Insurance and Mitigation Administrator 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, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2820, or (e-mail)

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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 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.

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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 publishedChief executive officer of communityEffective date of modificationCommunity No.
MaricopaTown of Buckeye (08-09-0929P)August 27, 2009; September 3, 2009; Arizona Business GazetteThe Honorable Jackie Meck, Mayor, City of Buckeye, 1101 East Ash Avenue, Buckeye, AZ 85326August 10, 2009040039
MaricopaCity of Goodyear (08-09-0929P)August 27, 2009; September 3, 2009; Arizona Business GazetteThe Honorable James M. Cavanaugh, Mayor, City of Goodyear, 190 North Litchfield Road, Goodyear, AZ 85338August 10, 2009040046
MaricopaUnincorporated areas of Maricopa County (08-09-0929P)August 27, 2009; September 3, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson, 10th Floor, Phoenix, AZ 85003August 10, 2009040037
AdamsCity of Northglenn (09-08-0457P)August 27, 2009; September 3, 2009; Northglenn Thornton SentinelThe Honorable Kathleen Novak, Mayor, City of Northglenn, 11701 Community Center Drive, Northglenn, CO 80233August 20, 2009080257
AdamsCity of Thornton (09-08-0457P)August 27, 2009; September 3, 2009; Northglenn Thornton SentinelThe Honorable Erik Hansen, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229August 20, 2009080007
ArapahoeUnincorporated areas of Arapahoe County (09-08-0001P)August 24, 2009; August 31, 2009; Denver PostThe Honorable Susan Beckman, Chair, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166December 29, 2009080011
Florida: LeeUnincorporated areas of Lee County (09-04-5099P)August 28, 2009; September 4, 2009; News PressThe Honorable Ray Judah, Chairman, Lee County Board of Commissioners, P.O. Box 398, Fort Myers, FL 33902January 4, 2009125124
North Carolina:
DurhamDurham County (Unincorporated Areas) (09-04-5688P)July 31, 2009; August 7, 2009; The Herald-SunMr. Michael M. Ruffin, Manager, Durham County, 200 East Main Street, 2nd Floor, Old Courthouse, Durham, NC 27701July 24, 2009370085
DurhamCity of Durham (09-04-5688P)July 31, 2009; August 7, 2009; The Herald-SunThe Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701July 24, 2009370086
UmatillaCity of Stanfield (09-10-0493P)August 28, 2009; September 4, 2009; East OregonianThe Honorable Thomas J. McCann, Mayor, City of Stanfield, P.O. Box 369, Stanfield, OR 97875August 17, 2009410213
UmatillaUnincorporated areas of Umatilla County (09-10-0493P)August 28, 2009; September 4, 2009; East OregonianThe Honorable Larry Givens, Chairman, Umatilla County Board of Commissioners, 216 Southeast 4th Street, Pendleton, OR 97801August 17, 2009410204
CollinUnincorporated areas of Collin County (08-06-2363P)August 20, 2009; August 27, 2009; Sachse News August 19, 2009; August 26, 2009; Wylie NewsThe Honorable Keith Self, Collin County Judge, 2300 Bloomdale Road, Suite 4192, McKinney, TX 75071November 25, 2009480130
CollinCity of Sachse (08-06-2363P)August 20, 2009; August 27, 2009; Sachse NewsThe Honorable Mike Felix, Mayor, City of Sachse, 5109 Peachtree Lane, Sachse, TX 75048November 25, 2009480186
CollinCity of Wylie (08-06-2363P)August 19, 2009; August 26, 2009; Wylie NewsThe Honorable Eric Hogue, Mayor, City of Wylie, 2000 State Highway 78 North, Wylie, TX 75098November 25, 2009480759
WebbUnincorporated areas of Webb County (08-06-3105P)August 7, 2009; August 14, 2009; Laredo Morning TimesThe Honorable Danny Valdez, Webb County Judge, 1000 Houston Street, 3rd Floor, Laredo, TX 78040December 14, 2009481059
WilliamsonCity of Cedar Park (08-06-2893P)August 13, 2009; August 20, 2009; Hill Country NewsThe Honorable Bob Lemon, Mayor, City of Cedar Park, City Hall, 600 North Bell Boulevard, Cedar Park, TX 78613December 18, 2009481282
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: March 18, 2010.

Edward L. Connor,

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

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[FR Doc. 2010-8041 Filed 4-8-10; 8:45 am]