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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.
Alabama: MontgomeryCity of Montgomery (10-04-0501P)January 5, 2010, January 12, 2010, Montgomery AdvertiserThe Honorable Todd Strange, Mayor, City of Montgomery, 103 North Perry Street, Montgomery, AL 36104December 28, 2009010174
LarimerCity of Loveland (09-08-0734P)January 15, 2010, January 22, 2010, Daily Reporter-HeraldThe Honorable Cecil Gutierrez, Mayor, City of Loveland, 500 East 3rd Street, Suite 330, Loveland, CO 80537May 24, 2010080103
MontroseUnincorporated areas of Montrose County (09-08-0799P)December 3, 2009, December 10, 2009, Montrose Daily PressThe Honorable David White, Chairman, Montrose County Board of Commissioners, 161 South Townsend Avenue, Montrose, CO 81401April 9, 2010080124
SummitTown of Breckenridge (09-08-0933P)January 29, 2010, February 5, 2010, Summit County JournalThe Honorable John Warner, Mayor, Town of Breckenridge, 150 Ski Hill Road, Breckenridge, CO 80424June 7, 2010080172
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HillsboroughUnincorporated areas of Hillsborough County (09-04-6115P)January 14, 2010, January 21, 2010, The Tampa TribuneMs. Patricia G. Bean, County Administrator, Hillsborough, County, 601 East Kennedy Boulevard, 26th Floor, Tampa, FL 33602May 21, 2010120112
OrangeUnincorporated areas of Orange County (09-04-6043P)January 14, 2010, January 21, 2010, Orlando WeeklyThe Honorable Richard T. Crotty, Mayor, Orange County Board of, Commissioners, 4200 South John Young Parkway, Orlando, FL 32839May 21, 2010120179
PinellasCity of Gulfport (09-04-6868P)January 29, 2010, February 5, 2010, St. Petersburg TimesThe Honorable Mike Yakes, Mayor, City of Gulfport, 2401 53rd Street South, Gulfport, FL 33707January 20, 2010125108
PinellasUnincorporated areas of Pinellas County (09-04-6868P)January 29, 2010, February 5, 2010, St. Petersburg TimesThe Honorable Karen Williams Seel, Chairman, Pinellas County Board of Commissioners, 315 Court Street, Clearwater, FL 33756January 20, 2010125139
CobbCity of Marietta (09-04-6328P)January 8, 2010, January 15, 2010, Marietta Daily JournalThe Honorable William B. Dunaway, Mayor, City of Marietta, P.O. Box 609, Marietta, GA 30061February 2, 2010130226
CobbUnincorporated areas of Cobb County (09-04-6328P)January 8, 2010, January 15, 2010, Marietta Daily JournalThe Honorable Samuel S. Olens, Chariman, Cobb County Board of Commissioners, 100 Cherokee Street, Marietta, GA 30090February 2, 2010130052
ForsythCity of Cumming (09-04-5443P)December 30, 2009, January 6, 2010, Forsyth County NewsThe Honorable Henry Ford Gravitt, Mayor, City of Cumming, 100 Main Street, Cumming, GA 30040May 6, 2010130236
Kansas: JohnsonCity of Lenexa (09-07-1009P)January 20, 2010, January 27, 2010, The Johnson County SunThe Honorable Michael Boehm, Mayor, City of Lenexa, 12350 West 87th Street Parkway, Lenexa, KS 66215January 12, 2010200168
Kentucky: Louisville-Jefferson County Metropolitan GovernmentLouisville-Jefferson County Metropolitan Government (10-04-0314P)January 15, 2010, January 22, 2010, The Courier-JournalThe Honorable Jerry E. Abramson, Mayor, Louisville-Jefferson County Metropolitan Government, 527 West Jefferson Street, Louisville, KY 40202May 24, 2010210120
HindsCity of Jackson (09-04-5350P)January 15, 2010, January 22, 2010, The Clarion-LedgerThe Honorable Harvey Johnson, Mayor, City of Jackson, P.O. Box 17, Jackson, MS 39205December 31, 2009280072
JasperCity of Joplin (09-07-0562P)January 15, 2010, January 22, 2010, The Joplin GlobeThe Honorable Gary Shaw, Mayor, City of Joplin, 602 South Main Street, Joplin, MO 64801May 24, 2010290183
NewtonUnincorporated areas of Newton County (09-07-0562P)January 15, 2010, January 22, 2010, The Joplin GlobeThe Honorable Jerry Carter, Presiding Commissioner, Newton County Commission, 101 South Wood Street, Neosho, MO 64850May 24, 2010290820
New Mexico:
BernalilloCity of Rio Rancho (09-06-1628P)January 15, 2010, January 22, 2010, The Albuquerque JournalThe Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144May 24, 2010350146
BernalilloUnincorporated areas of Bernalillo County (09-06-1628P)January 15, 2010, January 22, 2010, The Albuquerque JournalThe Honorable Alan B. Armijo, Chairman, Bernalillo County Board, of Commissioners, 1 Civic Plaza Northwest, Albuquerque, NM 87102May 24, 2010350001
North Carolina:
ForsythCity of Winston-Salem (09-04-7422P)January 5, 2010, January 12, 2010, Winston-Salem JournalThe Honorable Allen Joines, Mayor, City of Winston-Salem, P.O. Box 2511, Winston-Salem, NC 27102May 12, 2010375360
McDowellUnincorporated areas of McDowell County (09-04-1274P)January 22, 2010, January 29, 2010, The McDowell NewsMr. Charles Abernathy, County Manager, McDowell County, 60 East Court Street, Marion, NC 28752June 1, 2010370148
WakeCity of Raleigh (09-04-4425P)January 20, 2010, January 27, 2010, The News & ObserverThe Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, Raleigh, NC 27602May 27, 2010370243
ClackamasCity of Lake Oswego (09-10-0738P)January 7, 2010, January 14, 2010, Lake Oswego ReviewThe Honorable Jack Hoffman, Mayor, City of Lake Oswego, P.O. Box 369, Lake Oswego, OR 97034May 14, 2010410018
MarionCity of Salem (09-10-0105P)December 24, 2009, December 31, 2009, Statesman JournalThe Honorable Janet Taylor, Mayor, City of Salem, 555 Liberty Street Southeast, Salem, OR 97301April 30, 2010410167
South Carolina: LexingtonUnincorporated areas of Lexington County (10-04-0151P)January 14, 2010, January 21, 2010, The Lexington County ChronicleThe Honorable Debra B. Summers, Chair, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072May 21, 2010450129
Tennessee: WashingtonCity of Johnson City (09-04-5738P)January 14, 2010, January 21, 2010, Johnson City PressMr. M. Denis Peterson, City Manager, City of Johnson City, 601 East Main Street, Johnson City, TN 37601May 21, 2010475432
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BexarCity of San Antonio (08-06-1091P)January 15, 2010, January 22, 2010, San Antonio Express-NewsThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283May 24, 2010480045
DentonCity of Lewisville (09-06-2230P)January 13, 2010, January 20, 2010, Lewisville LeaderThe Honorable Dean Ueckert, Mayor, City of Lewisville, P.O. Box 299002, Lewisville, TX 75029May 20, 2010480195
HarrisCity of Houston (09-06-2519P)January 14, 2010, January 21, 2010, Houston ChronicleThe Honorable Annise D. Parker, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251December 31, 2009480296
HarrisUnincorporated areas of Harris County (09-06-2519P)January 14, 2010, January 21, 2010, Houston ChronicleThe Honorable Edward J. Emmett, Harris County Judge, 1001 Preston Street, Suite 911, Houston, TX 77002December 31, 2009480287
TravisCity of Pflugerville (09-06-2902P)January 14, 2010, January 21, 2010, Pflugerville PflagThe Honorable Jeff Coleman, Mayor, City of Pflugerville, P.O. Box 589, Pflugerville, TX 78691December 31, 2009481028
Virginia: City of LynchburgCity of Lynchburg (09-03-1318P)January 15, 2010, January 22, 2010, News & AdvanceThe Honorable Joan F. Foster, Mayor, City of Lynchburg, 900 Church Street, Lynchburg, VA 24504December 31, 2009510093

(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. 2010-12479 Filed 5-24-10; 8:45 am]