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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.
CochiseUnincorporated areas of Cochise County (09-09-2171P)October 12, 2009; October 19, 2009; Sierra Vista HeraldThe Honorable Richard Searle, Vice Chairman, Cochise County Board of Supervisors, 1415 West Melody Lane, Building G, Bisbee, AZ 85603February 16, 2010040012
MaricopaCity of El Mirage (09-09-1385P)October 29, 2009; November 5, 2009; Arizona Business GazetteThe Honorable Fred Waterman, Mayor, City of El Mirage, P.O. Box 26, El Mirage, AZ 85335October 22, 2009040041
MaricopaUnincorporated areas of Maricopa County (09-09-1385P)October 29, 2009; November 5, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003October 22, 2009040037
MaricopaCity of Surprise (09-09-1385P)October 29, 2009; November 5, 2009; Arizona Business GazetteThe Honorable Lyn Truitt, Mayor, City of Surprise, 12425 West Bell Road, Surprise, AZ 85374October 22, 2009040053
YavapaiTown of Prescott Valley (09-09-1988P)November 2, 2009; November 9, 2009; Prescott Daily CourierThe Honorable Harvey Skoog, Town of Prescott Valley, 7501 East Civic Circle, Prescott Valley, AZ 86314March 9, 2010040121
AlamedaCity of Fremont (09-09-0112P)October 12, 2009; October 19, 2009; The ArgusThe Honorable Robert Wasserman, Mayor, City of Freemont, 3300 Capitol Avenue, Fremont, CA 94538February 16, 2010065028
San DiegoCity of Chula Vista (09-09-0757P)October 16, 2009; October 23, 2009; The Star NewsThe Honorable Cheryl Cox, Mayor, City of Chula Vista, 276 4th Avenue, Chula Vista, CA 91910November 2, 2009065021
San DiegoCity of San Marcos (08-09-1888P)October 16, 2009; October 23, 2009; North County TimesThe Honorable James Desmond, Mayor, City of San Marcos, One Civic Drive, San Marcos, CA 92069February 20, 2010060296
LarimerCity of Fort Collins (08-08-0893P)October 16, 2009; October 23, 2009; Fort Collins ColoradoanThe Honorable Darin Atteberry, Manager, City of Fort Collins, 300 LaPorte Avenue, Fort Collins, CO 80521February 22, 2010080102
LarimerUnincorporated areas of Larimer County (08-08-0893P)October 16, 2009; October 23, 2009; Fort Collins ColoradoanThe Honorable Frank Lancaster, Manager, Larimer County, P.O. Box 1190, Fort Collins, CO 80522February 22, 2010080101
MesaUnincorporated areas of Mesa County (09-08-0604P)October 16, 2009; October 23, 2009; Daily SentinelMr. Steven Acquafresca, Chairman, Mesa County Board of Commissioners, P.O. Box 20000, Grand Junction, CO 81502March 2, 2010080115
MiddlesexTown of Cromwell (09-01-0957P)July 13, 2009; July 20, 2009; Middletown PressThe Honorable John M. Flanders, First Selectman, Town of Cromwell, 41 West Street, Cromwell, CT 06416June 30, 2009090123
New HavenTown of Cheshire (09-01-1101P)October 15, 2009; October 22, 2009; Cheshire HeraldThe Honorable Matt Hall, Chairman, Cheshire Town Council, 84 South Main Street, Cheshire, CT 06410February 19, 2010090074
Florida: DuvalCity of Jacksonville (09-04-2297P)October 13, 2009; October 20, 2009; Jacksonville Daily RecordThe Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, 4th Floor, Jacksonville, FL 32202November 9, 200920077
Georgia: NewtonCity of Covington (09-04-4700P)October 9, 2009; October 16, 2009; The Covington NewsMs. Kim Carter, Mayor, City of Covington, 2194 Emory Street, Covington, GA 30014February 15, 2010130144
Hawaii: HawaiiUnincorporated areas of Hawaii County (09-09-1608P)October 12, 2009; October 19, 2009; Hawaii Tribune-HeraldThe Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720February 16, 2010155166
WillCity of Joliet (09-05-0265P)October 30, 2009; November 6, 2009; Herald NewsThe Honorable Arthur Schultz, Mayor, City of Joliet, 150 West Jefferson Street, Joliet, IL 60432October 21, 2009170702
WillUnincorporated areas of Will County (09-05-0265P)October 30, 2009; November 6, 2009; Herald NewsThe Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432October 21, 2009170695
Kentucky: FayetteLexington-Fayette Urban County Government (09-04-1695P)October 7, 2009; October 14, 2009; Lexington Herald-LeaderThe Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, 12th Floor, Lexington, KY 40507September 28, 2009210067
North Carolina: CumberlandUnincorporated Areas of, Cumberland County (09-04-3582P)October 7, 2009; October 14, 2009; Fayetteville ObserverMr. James E. Martin, County Manager, Cumberland County, 117 Dick Street, Room 512, Fayetteville, NC 28301February 11, 2010370076
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JohnsonCity of Burleson (09-06-0485P)October 7, 2009; October 14, 2009; Burleson StarThe Honorable Kenneth Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028February 11, 2010485459
TravisCity of Austin (09-06-0763P)October 27, 2009; November 3, 2009; Austin American StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767March 3, 2010480624
TravisCity of Austin (09-06-0764P)November 4, 2009; November 11, 2009; Austin American StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767March 11, 2010480624
Virginia: Prince WilliamUnincorporated areas of Prince William County (09-03-1773P)October 28, 2009; November 4, 2009; News & MessengerThe Honorable Corey Stewart, Chairman, Prince William County Board of Supervisors, One County Complex Court, Prince William, VA 22192March 4, 2010510119
KingCity of Redmond (08-10-0762P)October 30, 2009; November 6, 2009; Redmond ReporterThe Honorable John Marchione, Mayor, City of Redmond, P.O. Box 97010, Redmond, WA 98073March 8, 2010530087
SpokaneCity of Cheney (09-10-0216P)October 16, 2009; October 23, 2009; Spokesman ReviewThe Honorable Allan Gainer, Mayor, City of Cheney, 609 2nd Street, Cheney, WA 99004April 7, 2010530175
SpokaneUnincorporated areas of Spokane County (09-10-0216P)October 16, 2009; October 23, 2009; Spokesman ReviewThe Honorable Todd Mielke, Chairman, Spokane County Board of Commissioners, 1116 West Broadway Avenue, Spokane, WA 99260April 7, 2010530174

(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. 2010-8078 Filed 4-8-10; 8:45 am]