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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 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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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: St. ClairUnincorporated areas of St. Clair County (09-04-6331P)December 24, 2009; December 31, 2009; The St. Clair News-AegisMr. Stanley Batemon, Chairman, St. Clair County Commission, 165 5th Avenue, Suite 100, Ashville, AL 35953April 30, 2010010290
Arizona:
PimaTown of Marana (09-09-0980P)September 21, 2009; September 28, 2009; Daily TerritorialThe Honorable Ed Honea, Mayor, Town of Marana, 11555 West Civic Center Drive, Marana, AZ 85653January 26, 2010040118
PimaTown of Marana (08-09-1811P)October 9, 2009; October 16, 2009; Daily TerritorialThe Honorable Ed Honea, Mayor, Town of Marana, 11555 West Civic Center Drive, Marana, AZ 85653January 19, 2010040118
PimaTown of Oro Valley (08-09-1811P)October 9, 2009; October 16, 2009; Daily TerritorialThe Honorable Paul H. Loomis, Mayor, Town of Oro Valley, 11000 North La Canada Drive, Oro Valley, AZ 85737January 19, 2010040109
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PimaUnincorporated areas of Pima County (08-09-1811P)October 9, 2009; October 16, 2009; Daily TerritorialThe Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, AZ 85701January 19, 2010040073
YumaUnincorporated areas of Yuma County (09-09-1722P)December 21, 2009; December 28, 2009; Yuma SunThe Honorable Gregory S. Ferguson, Chairman, Yuma County Board of Supervisors, 198 South Main Street, Yuma, AZ 85364December 7, 2009040099
Arkansas:
BentonTown of Bethel Heights (09-06-1075P)January 6, 2010; January 13, 2010; Arkansas Democrat-GazetteThe Honorable Fred Jack, Mayor, Town of Bethel Heights, 530 Sunrise Drive, Bethel Heights, AR 72764May 13, 2010050386
BentonCity of Lowell (09-06-1075P)January 6, 2010; January 13, 2010; Arkansas Democrat-GazetteThe Honorable Perry Long, Mayor, City of Lowell, 216 North Lincoln Street, Lowell, AR 72745May 13, 2010050342
California: Santa ClaraCity of San Jose (10-09-0251P)January 5, 2010; January 12, 2010; San Jose Mercury NewsThe Honorable Chuck Reed, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, CA 95113December 29, 2009060349
Florida:
HillsboroughUnincorporated areas of Hillsborough County (09-04-6011P)January 4, 2010; January 11, 2010; Tampa TribuneThe Honorable Ken Hagan, Chairman, Hillsborough County Board of Commissioners, P.O. Box 1110, Tampa, FL 33601January 22, 2010120112
LakeUnincorporated areas of Lake County (09-04-4297P)January 4, 2010; January 11, 2010; Daily CommercialThe Honorable Welton G. Cadwell, Chairman, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 32778May 11, 2010120421
Illinois:
KaneCity of Elgin (09-05-2958P)December 29, 2009; January 5, 2010; Courier NewsThe Honorable Edward Schock, Mayor, City of Elgin, 150 Dexter Court, Elgin, IL 60120May 5, 2010170087
KaneVillage of Hampshire (09-05-2792P)December 22, 2009; December 29, 2009; Kane County ChronicleThe Honorable Jeffrey Magnussen, President, Village of Hampshire, P.O. Box 457, Hampshire, IL 60140April 28, 2010170327
KaneUnincorporated areas of Kane County (09-05-2792P)December 22, 2009; December 29, 2009; Kane County ChronicleThe Honorable Karen McConnaughay, Chairman, Kane County Board of Commissioners, 719 South Batavia Avenue, Geneva, IL 60134April 28, 2010170896
SedgwickCity of Park City (09-07-1605P)January 4, 2010; January 11, 2010; Wichita EagleThe Honorable Emil Bergquist, Mayor, City of Park City, 6110 North Hydraulic Street, Park City, KS 67219May 11, 2010200963
SedgwickUnincorporated areas of Sedgwick County (09-07-1605P)January 4, 2010; January 11, 2010; Wichita EagleThe Honorable Kelly Parks, Chairman, Sedgwick County Board of Commissioners, 525 North Main Street, Suite 320, Wichita, KS 67203May 11, 2010200321
Louisiana: CaddoCity of Shreveport (09-06-2855P)January 4, 2010; January 11, 2010; The TimesThe Honorable Cedric Glover, Mayor, City of Shreveport, 505 Travis Street, Shreveport, LA 71101May 11, 2010220036
Ohio:
LucasCity of Toledo (09-05-5298P)January 6, 2010; January 13, 2010; Toledo BladeThe Honorable Carleton S. Finkbeiner, Mayor, City of Toledo, 1 Government Center, 640 Jackson, Suite 2200, Toledo, OH 43604December 29, 2009395373
MiamiCity of Troy (09-05-3442P)December 14, 2009; December 21, 2009; Troy Daily NewsThe Honorable Michael Beamish, Mayor, City of Troy, 100 South Market Street, Troy, OH 45373December 30, 2009390402
MontgomeryCity of Moraine (08-05-1380P)December 9, 2009; December 16, 2009; Dayton Daily NewsThe Honorable Roger Mathney, Mayor, City of Moraine, 4200 Dryden Road, Moraine, OH 45439April 15, 2010390414
MontgomeryCity of West Carrollton (08-05-1380P)December 9, 2009; December 16, 2009; Dayton Daily NewsThe Honorable Jeffery W. Sanner, Mayor, City of West Carrollton, 300 East Central Avenue, West Carrollton, OH 45449April 15, 2010390419
Oklahoma:
TulsaCity of Glenpool (09-06-0482P)January 7, 2010; January 14, 2010; Tulsa Daily Commerce & Legal NewsThe Honorable Shayne Buchanan, Mayor, City of Glenpool, P.O. Box 70, Glenpool, OK 74033December 30, 2009400208
TulsaUnincorporated areas of Tulsa County (09-06-0482P)January 7, 2010; January 14, 2010; Tulsa Daily Commerce & Legal NewsThe Honorable Karen Keith, Tulsa County Board of Commissioners, 500 South Denver Avenue, Tulsa, OK 74103December 30, 2009400462
Pennsylvania:
ChesterBorough of West Chester (09-03-1120P)January 4, 2010; January 11, 2010; Daily Local NewsThe Honorable Dick B. Yoder, Mayor, Borough of West Chester, 401 East Gay Street, West Chester, PA 19380December 24, 2009420292
NorthamptonCity of Bethlehem (09-03-1764P)December 31, 2009; January 7, 2010; Express-TimesThe Honorable John B. Callahan, Mayor, City of Bethlehem, 10 East Church Street, Bethlehem, PA 18018December 22, 2009420718
Tennessee: WilsonCity of Lebanon (10-04-0682P)January 8, 2010; January 15, 2010; Lebanon DemocratThe Honorable Philip Craighead, Mayor, City of Lebanon, 200 North Castle Heights Avenue, Suite 100, Lebanon, TN 37087May 17, 2010470208
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Texas:
BrazoriaCity of Angleton (08-06-2457P)June 8, 2009; June 15, 2009; The FactsThe Honorable J. Patrick Henry, Mayor, City of Angleton, 121 South Velasco Street, Angleton, TX 77515October 13, 2009480064
CollinCity of Frisco (09-06-2567P)January 8, 2010; January 15, 2010; Frisco EnterpriseThe Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034May 17, 2010480134
DentonCity of Lewisville (09-06-0314P)December 30, 2009; January 6, 2010; Lewisville LeaderThe Honorable Dean Ueckert, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, TX 75029May 6, 2010480195
LubbockCity of Lubbock (08-06-2706P)January 4, 2010; January 11, 2010; Lubbock Avalanche-JournalThe Honorable Tom Martin, Mayor, City of Lubbock, P.O. Box 2000, Lubbock, TX 79457May 11, 2010480452
TravisCity of Austin (09-06-2275P)January 8, 2010; January 15, 2010; Austin American StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767May 17, 2010480624
Virginia: City of Newport NewsCity of Newport News (09-03-1019P)December 24, 2009; December 31, 2009; Daily PressThe Honorable Joe S. Frank, Mayor, City of Newport News, 2400 Washington Avenue, Newport News, VA 23607April 30, 2010510103
Wyoming:
CampbellUnincorporated areas of Campbell County (09-08-0286P)January 4, 2010; January 11, 2010; The News-RecordThe Honorable Dan Coolidge, Chairman, Campbell County Board of Commissioners, 901 Fairway Drive, Gillette, WY 82718May 11, 2010560081
CampbellCity of Gillette (09-08-0286P)January 4, 2010; January 11, 2010; The News-RecordThe Honorable Duane Evenson, Mayor, City of Gillette, 1411 West 4th Street, Gillette, WY 82716May 11, 2010560007

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: April 30, 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. 2010-12475 Filed 5-24-10; 8:45 am]

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