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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.

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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 (email)

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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.
Arkansas: PulaskiCity of Little Rock (09-06-1629P)November 10, 2009; November 17, 2009; Arkansas Democrat-GazetteThe Honorable Mark Stodola, Mayor, City of Little Rock, 500 West Markham, Suite 203, Little Rock, AR 72201March 17, 2010050181
California: RiversideCity of Corona (09-09-0491P)November 10, 2009; November 17, 2009; Press-EnterpriseThe Honorable Steve Nolan, Mayor, City of Corona, 400 South Vincentia Avenue, Corona, CA 92882March 17, 2010060250
WeldTown of Erie (09-08-0608P)October 30, 2009; November 6, 2009; Greeley TribuneThe Honorable Andrew J. Moore, Mayor, Town of Erie, 645 Holbrook Street, Erie, CO 80516March 6, 2010080181
WeldUnincorporated areas of Weld County (09-08-0608P)October 30, 2009; November 6, 2009; Greeley TribuneThe Honorable Bill Garcia, Chairman, Weld County Board of Commissioners, 915 10th Street, Greeley, CO 80632March 6, 2010080266
CatoosaUnincorporated areas of Catoosa County (09-04-1746P)November 11, 2009; November 18, 2009; Catoosa County NewsThe Honorable Keith Greene, Chairman, Catoosa County Board of Commissioners, 800 Lafayette Street, Ringgold, GA 30736March 18, 2010130028
HarrisUnincorporated areas of Harris County (09-04-6111P)October 22, 2009; October 29, 2009; Harris County JournalThe Honorable J. Harry Lange, Chairman, Harris County Board of Commissioners, P.O. Box 365, Hamilton, GA 31811February 26, 2010130338
Illinois: WillVillage of Bolingbrook (10-05-0103P)November 5, 2009; November 12, 2009; Bolingbrook BugleThe Honorable Roger C. Claar, Mayor, Village of Bolingbrook, 375 West Briarcliff Road, Bolingbrook, IL 60440March 12, 2010170812
Kentucky: WarrenCity of Bowling Green (10-04-0070P)November 10, 2009; November 17, 2009; Daily NewsThe Honorable Elaine Walker, Mayor, City of Bowling Green, P.O. Box 430, Bowling Green, KY 42101October 30, 2009210219
Maryland: CarrollCity of Westminster (09-03-0356P)November 16, 2009; November 23, 2009; Carroll County TimesThe Honorable Kevin R. Utz, Mayor, City of Westminster, 1838 Emerald Hill Lane, Westminster, MD 21157March 23, 2010240018
Michigan: OaklandCity of Southfield (10-05-0105P)November 10, 2009; November 17, 2009; Oakland PressThe Honorable Brenda L. Lawrence, Mayor, City of Southfield, 26000 Evergreen Road, Southfield, MI 48076March 17, 2010260179
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Nebraska: SaundersCity of Ashland (09-07-2079P)November 5, 2009; November 12, 2009; Ashland GazetteThe Honorable Paul Lienke, Mayor, City of Ashland, 2304 Silver Street, Ashland, NE 68003March 12, 2010310196
DauphinTownship of Lower Paxton (09-03-1723P)November 9, 2009; November 16, 2009; Patriot NewsThe Honorable William Hawk, Chairman, Board of Supervisors, Lower Paxton Township, 425 Prince Street, Harrisburg, PA 17109March 16, 2010420384
RutherfordCity of Murfreesboro (09-04-0707P)October 28, 2009; November 4, 2009; Daily News JournalThe Honorable Thomas Bragg, Mayor, City of Murfreesboro, 111 West Vine Street, Murfreesboro, TN 37130March 4, 2010470168
RutherfordUnincorporated areas of Rutherford County (09-04-0707P)October 28, 2009; November 4, 2009; Daily News JournalThe Honorable Ernest G. Burgess, Mayor, Rutherford County, 20 North Public Square, Room 101, Murfreesboro, TN 37130March 4, 2010470165
BexarCity of San Antonio (09-06-0484P)November 6, 2009; November 13, 2009; Daily Commercial RecorderThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283November 23, 2009480045
BexarCity of San Antonio (09-06-1554P)November 5, 2009; November 12, 2009; Daily Commercial RecorderThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283March 12, 2010480045
CollinCity of Allen (09-06-0276P)November 12, 2009; November 19, 2009; Allen AmericanThe Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013March 19, 2010480131
CollinCity of Plano (09-06-0276P)November 12, 2009; November 19, 2009; Plano Star CourierThe Honorable Phil Dyer, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074March 19, 2010480140
DallasCity of Garland (09-06-0866P)November 6, 2009; November 13, 2009; Dallas Morning NewsThe Honorable Ronald E. Jones, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046March 13, 2010485471
DallasCity of Glenn Heights (09-06-2323P)July 10, 2009; July 17, 2009; Focus Daily NewsThe Honorable Clark Choate, Mayor, City of Glenn Heights, 1938 South Hampton Road, Glenn Heights, TX 75154November 16, 2009481265
City of HamptonCity of Hampton (09-03-0030P)November 9, 2009; November 16, 2009; Daily PressThe Honorable Molly Joseph Ward, Mayor, City of Hampton, 22 Lincoln Street, 8th Floor, Hampton, VA 23669March 16, 2009515527
City of Newport NewsCity of Newport News (09-03-0030P)November 9, 2009; November 16, 2009; Daily PressThe Honorable Joe S. Frank, Mayor, City of Newport News, 2400 Washington Avenue, Newport News, VA 23607March 16, 2009510103
YorkUnincorporated areas of York County (09-03-0030P)November 9, 2009; November 16, 2009; Daily PressThe Honorable Walter Zaremba, Chairman, York County Board of Supervisors, 224 Ballard Street, Yorktown, VA 23690March 16, 2009510182
NatronaCity of Casper (09-08-0351P)November 12, 2009; November 19, 2009; Casper Star-TribuneThe Honorable Kenyne Schlager, Mayor, City of Casper, 200 North David Street, Casper, WY 82601October 30, 2009560037
NatronaUnincorporated areas of Natrona County (09-08-0351P)November 12, 2009; November 19, 2009; Casper Star-TribuneThe Honorable Robert Hendry, Chairman, Natrona County Board of Commissioners, 200 North Center Street, Room 115 Casper, WY 82601October 30, 2009560036

(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. 2010-8042 Filed 4-8-10; 8:45 am]