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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.
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MaricopaTown of Buckeye (09-09-0764P)November 19, 2009; November 26, 2009; Arizona Business GazetteThe Honorable Jackie A. Meck, Mayor, Town of Buckeye, 530 East Monroe Avenue, Buckeye, AZ 85326March 26, 2010040039
MaricopaUnincorporated areas of Maricopa County (09-09-0764P)November 19, 2009; November 26, 2009; Arizona Business GazetteThe Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003March 26, 2010040037
San DiegoUnincorporated areas of San Diego (09-09-1604P)November 20, 2009; November 27, 2009; San Diego TranscriptThe Honorable Dianne Jacob, Chairwoman, San Diego County Board of Supervisors, 1600 Pacific Highway, San Diego, CA 92101March 29, 2010060284
Santa ClaraCity of Santa Clara (09-09-0375P)October 21, 2009; October 28, 2009; Santa Clara WeeklyThe Honorable Patricia M. Mahan, Mayor, City of Santa Clara, 1500 Warburton Avenue, Santa Clara, CA 95050February 25, 2010060350
DouglasUnincorporated areas of Douglas County (09-08-0908P)November 12, 2009; November 19, 2009; Douglas County News-PressThe Honorable Melanie Worley, Chairman, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104March 19, 2010080049
GrandTown of Fraser (10-08-0009P)November 19, 2009; November 26, 2009; Middle Park TimesThe Honorable Fran Cook, Mayor, Town of Fraser, P.O. Box 370, Fraser, CO 80442March 26, 2010080073
GrandUnincorporated areas of Grand County (10-08-0009P)November 19, 2009; November 26, 2009; Middle Park TimesThe Honorable Gary Bumgarner, Chairman, Grand County Board of Commissioners, P.O. Box 264, Hot Sulphur Springs, CO 80451March 26, 2010080280
TellerUnincorporated areas of Teller County (09-08-0500P)November 4, 2009; November 11, 2009; Pikes Peak Courier ViewThe Honorable James Ignatius, Chairman, Teller County Board of Commissioners, P.O. Box 959, Cripple Creek, CO 80813March 11, 2010080173
TellerCity of Woodland Park (09-08-0500P)November 4, 2009; November 11, 2009; Pikes Peak Courier ViewThe Honorable Steve Randolph, Mayor, City of Woodland Park, 220 West South Avenue, Woodland Park, CO 80866March 11, 2010080175
WillVillage of Plainfield (08-05-4590P)November 30, 2009; December 7, 2009; Herald NewsThe Honorable Michael P. Collins, President, Village of Plainfield, 24401 West Lockport Street, Plainfield, IL 60544December 21, 2009170771
WillUnincorporated areas of Will County (08-05-4590P)November 30, 2009; December 7, 2009; Herald NewsThe Honorable Lawrence M. Walsh, Executive, Will County, 302 North Chicago Street, Joliet, IL 60432December 21, 2009170695
Louisiana: LivingstonUnincorporated areas of Livingston Parish (09-06-0692P)November 10, 2009; November 17, 2009; The AdvocateThe Honorable Mike Grimmer, President, Livingston Parish, P.O. Box 427, Livingston, LA 70754March 17, 2010220113
Minnesota: AnokaCity of Ramsey (09-05-4652P)November 20, 2009; November 27, 2009; Anoka County UnionThe Honorable Thomas G. Gamec, Mayor, City of Ramsey, 7550 Sunwood Drive Northwest, Ramsey, MN 55303December 14, 2009270681
Nevada: LyonUnincorporated areas of Lyon County (09-09-0238P)November 25, 2009; December 2, 2009; Dayton CourierThe Honorable Phyllis Hunewill, Chair, Lyon County Board of Commissioners, 30 Desert Creek Road, Wellington, NV 89444April 2, 2010320029
South Dakota:
LincolnUnincorporated areas of Lincoln County (09-08-0747P)November 5, 2009; November 12, 2009; Lennox IndependentThe Honorable Dale L. Long, Chairman, Lincoln County Board of Commissioners, 27115 475th Avenue, Harrisburg, SD 57032October 28, 2009460277
LincolnTown of Tea (09-08-0747P)November 5, 2009; November 12, 2009; Lennox IndependentThe Honorable John Lawler, Mayor, Town of Tea, 600 East 1st Street, Tea, SD 57064October 28, 2009460143
Tennessee: BradleyCity of Cleveland (09-04-1322P)November 30, 2009; December 7, 2009; Cleveland Daily BannerThe Honorable Tom Rowland, Mayor, City of Cleveland, P.O. Box 1519, Cleveland, TN 37311April 6, 2010470015
BellCity of Killeen (08-06-2994P)October 13, 2009; October 20, 2009; Killeen Daily HeraldThe Honorable Timothy L. Hancock, Mayor, City of Killeen, P.O. Box 1329, Killeen, TX 76540October 30, 2009480031
LubbockCity of Lubbock (08-06-2723P)November 16, 2009; November 23, 2009; Lubbock Avalanche-JournalThe Honorable Tom Martin, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457March 23, 2010480452
Virginia: ArlingtonUnincorporated areas of Arlington County (09-03-1117P)December 3, 2009; December 10, 2009; Sun-GazetteThe Honorable Barbara A. Favola, Chairperson, Arlington County Board, 2100 Clarendon Boulevard, Suite 813, Arlington, VA 22201April 9, 2010515500
Wisconsin: MilwaukeeVillage of Hales Corners (09-05-4413P)November 12, 2009; November 19, 2009; My Community NowThe Honorable Robert G. Ruesch, President, Village of Hales Corners, 5740 South 124th Street, Hales Corners, WI 53130March 19, 2010550524
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: April 27, 2010.

Sandra K. Knight,

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

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[FR Doc. 2010-10340 Filed 5-3-10; 8:45 am]