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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: MadisonUnincorporated areas of Madison County, (09-04-6850P)February 12, 2010; February 19, 2010; Madison County RecordThe Honorable Mike Gillespie, Chairman, Madison County Commission, Courthouse 700, 100 Northside Square, Huntsville, AL 35801June 21, 2010010151
Arkansas: CrawfordCity of Alma, (09-06-2913P)February 10, 2010; February 17, 2010; Alma JournalThe Honorable John R. Ballentine, Mayor, City of Alma, 804 Fayetteville Avenue, Alma, AR 72921January 28, 2010050236
ArapahoeCity of Englewood, (10-08-0001P)February 25, 2010; March 5, 2010; The Denver PostThe Honorable Jim Woodward, Mayor, City of Englewood, 1000 Englewood Parkway, Englewood, CO 80110February 18, 2010085074
ArapahoeCity of Sheridan, (10-08-0001P)February 25, 2010; March 5, 2010; The Denver PostThe Honorable Dallas Hall, Mayor, City of Sheridan, 4101 South Federal Boulevard, Sheridan, CO 80110February 18, 2010080018
EagleUnincorporated areas of Eagle County, (09-08-0907P)January 28, 2010; February 4, 2010; The Eagle Valley EnterpriseThe Honorable Peter Runyon, Chairman, Eagle County Board of Commissioners, P.O. Box 850, Eagle, CO 81631June 4, 2010080051
LarimerCity of Fort Collins, (09-08-0465P)February 8, 2010; February 15, 2010; Fort Collins ColoradoanThe Honorable Doug Hutchinson, Mayor, City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522February 24, 2010080102
LarimerUnincorporated areas of Larimer County, (09-08-0465P)February 8, 2010; February 15, 2010; Fort Collins ColoradoanThe Honorable Steve Johnson, Chair Pro Tem, Larimer County Board of Commissioners, P.O. Box 1190, Fort Collins, CO 80522February 24, 2010080101
CollierCity of Marco Island, (09-04-7821P)February 19, 2010; February 26, 2010; Naples Daily NewsMr. Stephen T. Thompson, City Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145February 9, 2010120426
LeeCity of Bonita Springs, (09-04-3113P)February 10, 2010; February 17, 2010; Fort Myers News-PressThe Honorable Ben L. Nelson, Jr., Mayor, City of Bonita Springs, 9101 Bonita Beach Road, Bonita Springs, FL 34135June 17, 2010120680
OrangeUnincorporated areas of Orange County, (09-04-6911P)January 28, 2010; February 4, 2010; Orlando WeeklyThe Honorable Richard T. Crotty, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801January 19, 2010120179
PolkUnincorporated areas of Polk County, (09-04-5686P)February 10, 2010; February 17, 2010; The Polk County DemocratThe Honorable Bob English, Chairman, Polk County Board of Commissioners, P.O. Box 9005, Drawer BC01, Bartow, FL 33831June 17, 2010120261
Georgia: DouglasUnincorporated areas of Douglas County, (09-04-6891P)February 5, 2010; February 12, 2010; Douglas County SentinelThe Honorable Tom Worthan, Chairman, Douglas County Board of Commissioners, 8700 Hospital Drive, Douglasville, GA 30134June 14, 2010130306
Kentucky: Lexington-Fayette Urban County GovernmentLexington-Fayette Urban County Government, (09-04-2657P)February 12, 2010; February 19, 2010; Lexington Herald-LeaderThe Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County, Government, 200 East Main Street, Lexington, KY 40507June 21, 2010210067
CassCity of Peculiar, (09-07-1059P)February 11, 2010; February 18, 2010; The JournalThe Honorable Ernie Jungmeyer, Mayor, City of Peculiar, 908 Kendall Road, Peculiar, MO 64078June 18, 2010290878
CassUnincorporated areas of Cass County, (09-07-1059P)February 11, 2010; February 18, 2010; The JournalThe Honorable Gary Mallory, Presiding Commissioner, Cass County Commission, 102 East Wall Street, Harrisonville, MO 64701June 18, 2010290783
New Mexico: Dona AnaCity of Las Cruces, (09-06-0638P)February 5, 2010; February 12, 2010; Las Cruces Sun-NewsThe Honorable Ken Miyagishima, Mayor, City of Las Cruces, P.O. Box 20000, Las Cruces, NM 88004June 14, 2010355332
North Carolina:
CumberlandCity of Fayetteville, (09-04-2351P)February 5, 2010; February 12, 2010; Fayetteville ObserverThe Honorable Anthony G. Chavonne, Mayor, City of Fayetteville, 433 Hay Street, Fayetteville, NC 28301June 14, 2010370077
DurhamCity of Durham, (09-04-4161P)February 5, 2010; February 12, 2010; The Herald-SunThe Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701January 29, 2010370086
WakeTown of Cary, (09-04-4769P)February 24, 2010; March 3, 2010; The Cary News and The News & ObserverThe Honorable Harold Weinbrecht, Mayor, Town of Cary, P.O. Box 8005, Cary, NC 27512July 1, 2010370238
WakeTown of Morrisville, (09-04-4769P)February 24, 2010; March 3, 2010; The News & ObserverThe Honorable Jan Faulkner, Mayor, Town of Morrisville, 100 Town Hall Drive, Morrisville, NC 27560July 1, 2010370242
Oregon: LinnCity of Millersburg, (09-10-0354P)February 26, 2010; March 5, 2010; Democrat-HeraldThe Honorable Clayton Wood, Mayor, City of Millersburg, 4222 Northeast Old Salem Road, Albany, OR 97321July 2, 2010410284
Pennsylvania: ChesterTownship of West Whiteland, (09-03-1797P)January 29, 2010; February 5, 2010; Daily Local NewsThe Honorable Diane Snyder, Chairman, West Whiteland Township Board of Supervisors, 101 Commerce Drive, Exton, PA 19341January 21, 2010420295
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HamiltonCity of Chattanooga, (09-04-3516P)February 12, 2010; February 19, 2010; Chattanooga Times Free PressThe Honorable Ron Littlefield, Mayor, City of Chattanooga, 101 East 11th Street, Chattanooga, TN 37402January 29, 2010470072
MauryCity of Spring Hill, (09-04-2487P)January 29, 2010, February 5, 2010, The Daily HeraldThe Honorable Michael Dinwiddie, Mayor, City of Spring Hill, P.O. Box 789, Spring Hill, TN 37174February 19, 2010470278
DentonCity of Fort Worth, (09-06-2866P)December 14, 2009; December 21, 2009; Fort Worth Star-TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102April 20, 2010480596
TarrantCity of North Richland Hills, (09-06-0903P)December 14, 2009; December 21, 2009; Star-TelegramThe Honorable T. Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180December 30, 2009480607
Utah: WeberCity of Ogden, (09-08-0583P)February 12, 2010; February 19, 2010; Standard-ExaminerThe Honorable Matthew R. Godfrey, Mayor, City of Ogden, 2549 Washington Boulevard, Suite 910, Ogden, UT 84401June 21, 2010490189
KingCity of Snoqualmie, (08-10-0665P)February 5, 2010; February 12, 2010; The Seattle TimesThe Honorable Matt Larson, Mayor, City of Snoqualmie, P.O. Box 987, Snoqualmie, WA 98065February 26, 2010530090
KingUnincorporated areas of King County, (08-10-0665P)February 5, 2010; February 12, 2010; The Seattle TimesThe Honorable Dow Constantine, Chairman, King County Board of Commissioners, 516 3rd Avenue, Room 1200, Seattle, WA 98104February 26, 2010530071
Wisconsin: WaukeshaVillage of Elm Grove, (09-05-5085P)January 14, 2010; January 21, 2010; Waukesha FreemanThe Honorable Neil Palmer, President, Village of Elm Grove, 13600 Juneau Boulevard, Elm Grove, WI 53122February 5, 2010550578
Wyoming: NatronaCity of Casper, (08-08-0742P)February 11, 2010; February 18, 2010; Casper Star-TribuneThe Honorable Kenyne Schlager, Mayor, City of Casper, 200 North David Street, Casper, WY 82601June 18, 2010560037

(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. 2010-12485 Filed 5-24-10; 8:45 am]