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Rule

Changes in Flood Elevation Determinations

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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.

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FOR FURTHER INFORMATION CONTACT:

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) kevin.long@dhs.gov.

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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 Start Printed Page 18075the 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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Accordingly,

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PART 65—[AMENDED]

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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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[Amended]
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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.
Alabama: TuscaloosaCity of Tuscaloosa (09-04-2835P)October 12, 2009; October 19, 2009; Tuscaloosa NewsThe Honorable Walter Maddox, Mayor, City of Tuscaloosa, P.O. Box 2089, Tuscaloosa, AL 35401February 16, 2010010203
Arizona: PinalUnincorporated areas of Pinal County (09-09-0732P)October 6, 2009; October 13, 2009; Casa Grande DispatchThe Honorable Lionel D. Ruiz, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, AZ 85232September 24, 2009040077
Arkansas: BentonCity of Rogers (08-06-2995P)October 6, 2009; October 13, 2009; Morning NewsThe Honorable Steven A. Womack, Mayor, City of Rogers, 301 West Chestnut Street, Rogers, AR 72756February 10, 2010050013
Colorado:
AdamsUnincorporated areas of Adams County (09-08-0729P)October 8, 2009; October 15, 2009; Northglenn-Thornton SentinelThe Honorable Larry W. Pace, Chairman, Adams County Board of Commissioners, 450 South 4th Avenue, Brighton, CO 80601February 12, 2010080001
AdamsCity of Commerce City (09-08-0729P)October 8, 2009; October 15, 2009; Northglenn-Thornton SentinelThe Honorable Paul Natale, Mayor, City of Commerce City, 7887 East 60th Avenue, Commerce City, CO 80022February 12, 2010080006
DenverCity and County of Denver (09-08-0512P)October 8, 2009; October 15, 2009; Denver PostThe Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202February 12, 2010080046
DenverCity and County of Denver (09-08-0729P)October 8, 2009; October 15, 2009; Denver PostThe Honorable John W. Hickenlooper, Mayor, City and County of Denver, 1437 Bannock Street, Suite 350, Denver, CO 80202February 12, 2010080046
Connecticut: New LondonTown of Colchester (09-01-1230P)October 9, 2009; October 16, 2009; Hartford CourantThe Honorable Linda Hodge, First Selectman, Town of Colchester, 127 Norwich Avenue, Colchester, CT 06415February 15, 2010090095
Georgia: CobbUnincorporated areas of Cobb County (09-04-1602P)October 9, 2009; October 16, 2009; Marietta Daily JournalThe Honorable Samuel S. Olens, Chairman, Cobb County Board of Commissioners, 100 Cherokee Street, Marietta, GA 30090February 15, 2010130052
Illinois: WillUnincorporated areas of Will County (09-05-3054P)October 7, 2009; October 14, 2009; Herald NewsThe Honorable Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432September 23, 2009170695
North Carolina:
CravenUnincorporated areas of Craven County (09-04-6122P)October 7, 2009; October 14, 2009; Sun JournalMr. Harold Blizzard, Craven County Manager, 406 Craven Street, New Bern, NC 28560February 11, 2010370072
DurhamCity of Durham (08-04-4999P)August 27, 2009; September 3, 2009; The Herald-SunThe Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701January 4, 2010370086
Tennessee:
WilliamsonCity of Brentwood (08-04-0312P)October 8, 2009; October 15, 2009; Williamson A.MThe Honorable Betsy Crossley, Mayor, City of Brentwood, 5211 Maryland Way, Brentwood, TN 37027September 22, 2009470205
WilliamsonCity of Franklin (08-04-0312P)October 8, 2009; October 15, 2009; Williamson A.MThe Honorable John Schroer, Mayor, City of Franklin, 109 3rd Avenue South, Franklin, TN 37064September 22, 2009470206
Texas:
BexarUnincorporated areas of Bexar County (09-06-0765P)October 9, 2009; October 16, 2009; Daily Commercial RecorderThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205February 15, 2010480035
BexarCity of San Antonio (09-06-0765P)October 9, 2009; October 16, 2009; Daily Commercial RecorderThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283February 15, 2010480045
BrazosCity of Bryan (09-06-1530P)October 8, 2009; October 15, 2009; Bryan-College Station EagleThe Honorable D. Mark Conlee, Mayor, City of Bryan, 300 South Texas Avenue, Bryan, TX 77803February 12, 2010480082
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DallasCity of Balch Springs (09-06-0149P)October 9, 2009; October 16, 2009; Daily Commercial RecordThe Honorable Carrie Gordon, PhD., Mayor, City of Balch Springs, 3117 Hickory Tree Road, Balch Springs, TX 75180February 15, 2010480166
HarrisUnincorporated areas of Harris County (09-06-0531P)October 12, 2009; October 19, 2009; Houston ChronicleThe Honorable Edward Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002February 16, 2010480287
TravisCity of Austin (09-06-1935P)October 12, 2009; October 19, 2009; Austin American StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767February 16, 2010480624
TravisCity of Austin (09-06-2006P)October 12, 2009; October 19, 2009; Austin American StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767September 30, 2009480624
Virginia: FairfaxUnincorporated areas of Fairfax County (09-03-0421P)October 12, 2009; October 19, 2009; Washington TimesThe Honorable Sharon Bulova, Chairman, Fairfax County Board of Supervisors, 12000 Government Center Parkway, Suite 530, Fairfax, VA 22035February 16, 2010515525

(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. 2010-8079 Filed 4-8-10; 8:45 am]

BILLING CODE 9110-12-P