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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.
Arizona:
PimaTown of Marana (09-09-0233P)April 29, 2010; May 6, 2010; The Daily TerritorialThe Honorable Ed Honea, Mayor, Town of Marana, 11555 West Civic Center Drive, Marana, AZ 85653September 3, 2010040118
PimaUnincorporated areas of Pima County (09-09-0233P)April 29, 2010; May 6, 2010; The Daily TerritorialThe Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, AZ 85701September 3, 2010040073
PimaUnincorporated areas of Pima County (09-09-2406P)May 7, 2010; May 14, 2010; The Daily TerritorialThe Honorable Richard Elias, Chairman, Pima County Board of Supervisors, 130 West Congress, 11th Floor, Tucson, AZ 85701September 13, 2010040073
California: AmadorCity of Ione (09-09-0177P)May 7, 2010; May 14, 2010; Amador Leader-DispatchThe Honorable Skip Schaufel, Mayor, City of Ione, 1 East Main Street, Ione, CA 95640September 13, 2010060016
Colorado: Adams and JeffersonCity of Westminster (10-08-0363P)May 6, 2010; May 13, 2010; Westminster WindowThe Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031September 10, 2010080008
Connecticut: HartfordTown of Windsor Locks (09-01-0574P)November 13, 2009; November 20, 2009; Hartford CourantThe Honorable Steven N. Wawruck, Jr., First Selectman, Town of Windsor Locks, 50 Church Street, Windsor Locks, CT 06096November 4, 2009090042
Florida:
LakeUnincorporated areas of Lake County (09-04-7272P)May 6, 2010; May 13, 2010; Daily CommercialThe Honorable Jennifer Hill, Commissioner, District 1, P.O. Box 7800, Tavares, FL 32778September 10, 2010120421
MonroeUnincorporated areas of Monroe County (10-04-1955P)April 30, 2010; May 7, 2010; Key West CitizenThe Honorable Mario Digennaro, Commissioner, District 4, 9400 Overseas Highway, Suite 210, Marathon, FL 33050April 28, 2010125129
MonroeUnincorporated areas of Monroe County (10-04-2350P)April 30, 2010; May 7, 2010; Key West CitizenThe Honorable Mario Digennaro, Commissioner, District 4, 9400 Overseas Highway, Suite 210, Marathon, FL 33050April 26, 2010125129
St. JohnsUnincorporated areas of St. Johns County (09-04-2501P)April 26, 2010; May 3, 2010; St. Augustine RecordMr. Michael Wanchick, St. Johns County Administrator, 500 San Sebastian View, St. Augustine, FL 32084August 31, 2010125147
VolusiaCity of DeLand (09-04-0784P)November 9, 2009; November 16, 2009; The BeaconThe Honorable Robert F. Apgar, Mayor, City of DeLand, 120 South Florida Avenue, DeLand, FL 32720March 16, 2010120307
VolusiaUnincorporated areas of Volusia County (09-04-0784P)November 9, 2009; November 16, 2009; The BeaconThe Honorable Frank Bruno, Chair, Volusia County Council, 123 West Indiana Avenue, DeLand, FL 32720March 16, 2010125155
Georgia: GwinnettCity of Buford (09-04-5712P)March 11, 2010; March 18, 2010; Gwinnett Daily PostThe Honorable Phillip Beard, Chairman, City of Buford Board of Commissioners, 2300 Buford Highway, Buford, GA 30518March 29, 2010130323
Massachusetts:
BarnstableTown of Falmouth (09-01-1270P)November 6, 2009; November 13, 2009; The EnterpriseMr. Robert L. Whritenour, Jr., Manager, Town of Falmouth, 59 Town Hall Square, Falmouth, MA 02540October 30, 2009255211
BarnstableTown of Falmouth (10-01-0479P)January 8, 2010; January 15, 2010; The EnterpriseMr. Robert L. Whritenour, Jr., Manager, Town of Falmouth, 59 Town Hall Square, Falmouth, MA 02540December 31, 2009255211
Missouri:
St. LouisCity of Chesterfield (09-07-1764P)May 3, 2010; May 10, 2010; The CountianThe Honorable John Nations, Mayor, City of Chesterfield, 690 Chesterfield Parkway West, Chesterfield, MO 63017September 7, 2010290896
St. LouisCity of Clarkson Valley (09-07-1764P)May 3, 2010; May 10, 2010; The CountianThe Honorable Scott Douglass, Mayor, City of Clarkson Valley, P.O. Box 987, Chesterfield, MO 63006September 7, 2010290340
St. LouisCity of Wildwood (09-07-1764P)May 3, 2010; May 10, 2010; The CountianThe Honorable Tim Woerther, Mayor, City of Wildwood, 183 Plaza Drive, Wildwood, MO 63040September 7, 2010290922
Nevada: DouglasUnincorporated areas of Douglas County (09-09-2705P)April 30, 2010; May 7, 2010; The Record-CourierThe Honorable Michael A. Olson, Chairman, Douglas County Board of Commissioners, 3605 Silverado Drive, Carson City, NV 89705September 7, 2010320008
Ohio:
WarrenCity of Mason (08-05-5005P)March 11, 2010; March 18, 2010; The Western StarThe Honorable Charlene Pelfrey, Mayor, City of Mason, 6000 Mason-Montgomery Road, Mason, OH 45040July 16, 2010390559
WarrenUnincorporated areas of Warren County (08-05-5005P)March 11, 2010; March 18, 2010; The Western StarThe Honorable David G. Young, President, Warren County Board of Commissioners, 406 Justice Drive, 1st Floor, Lebanon, OH 45036July 16, 2010390757
Oklahoma: OklahomaCity of Del City (09-06-1014P)May 6, 2010; May 13, 2010; The OklahomanThe Honorable Brian Linley, Mayor, City of Del City, P.O. Box 15177, Del City, OK 73155September 10, 2010400233
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Texas:
TarrantCity of Benbrook (09-06-1461P)February 9, 2010; February 16, 2010; Star-TelegramThe Honorable Jerry Dittrich, Mayor, City of Benbrook, P.O. Box 26569, Benbrook, TX 76126June 16, 2010480586
TarrantCity of Benbrook (09-06-3139P)April 9, 2010; April 16, 2010; Star-TelegramMr. Andy Wayman, City Manager, City of Benbrook, 911 Winscott Road, Benbrook, TX 76126April 1, 2010480586
TarrantCity of Blue Mound (09-06-1669P)January 29, 2010; February 5, 2010; Star-TelegramThe Honorable Alan Hooks, Mayor, City of Blue Mound, 301 South Blue Mound Road, Blue Mound, TX 76131June 7, 2010480587
TarrantCity of Colleyville (09-06-2624P)November 18, 2009; November 25, 2009; Colleyville CourierThe Honorable David Kelly, Mayor, City of Colleyville, 100 Main Street, Colleyville, TX 76034November 5, 2009480590
TarrantCity of Fort Worth (09-06-1461P)February 9, 2010; February 16, 2010; Star-TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102June 16, 2010480596
TarrantCity of Fort Worth (09-06-1669P)January 29, 2010; February 5, 2010; Star-TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102June 7, 2010480596
TarrantCity of Grapevine (09-06-2624P)November 18, 2009; November 25, 2009; Grapevine CourierThe Honorable William D. Tate, Mayor, City of Grapevine, P.O. Box 95104, Grapevine, TX 76099November 5, 2009480598
TarrantCity of Keller (10-06-0163P)April 9, 2010; April 16, 2010; Star-TelegramThe Honorable Pat McGrail, Mayor, City of Keller, P.O. Box 770, Keller, TX 76244May 1, 2010480602

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

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Dated: June 11, 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. 2010-15229 Filed 6-22-10; 8:45 am]

BILLING CODE 9110-12-P