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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.Start Printed Page 35673

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 (08-04-4212P)March 26, 2010; April 2, 2010; Madison County RecordThe Honorable Mike Gillespie, Chairman, Madison County Commission, 100 Northside Square, Huntsville, AL 35801August 2, 2010010151
Arizona: YavapaiUnincorporated areas of Yavapai County (09-09-0953P)April 14, 2010; April 21, 2010; Prescott Daily CourierThe Honorable Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305August 19, 2010040093
SonomaCity of Healdsburg (09-09-2125P)April 14, 2010; April 21, 2010; The Press DemocratThe Honorable Jim Wood, Mayor, City of Healdsburg, 401 Grove Street, Healdsburg, CA 95448August 19, 2010060378
SonomaUnincorporated areas of Sonoma County (09-09-2125P)April 14, 2010; April 21, 2010; The Press DemocratThe Honorable Valerie Brown, Chair, Sonoma County Board of Supervisors, 575 Administration Drive, Room 100A, Santa Rosa, CA 95403August 19, 2010060375
ArapahoeUnincorporated areas of Arapahoe County (10-08-0186P)April 9, 2010; April 16, 2010; The Denver PostThe Honorable Rod Bockenfeld, Chairman, Arapahoe County Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166August 16, 2010080011
El PasoCity of Colorado Springs (10-08-0386P)April 14, 2010; April 21, 2010; The GazetteThe Honorable Lionel Rivera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901August 19, 2010080060
Florida: LeeUnincorporated areas of Lee County (10-04-2746P)April 16, 2010; April 23, 2010; The News-PressThe Honorable Tammy Hall, Chairperson, Lee County Board of Commissioners, P.O. Box 398, Fort Myers, FL 33902March 31, 2010125124
Hawaii: HawaiiUnincorporated areas of Hawaii County (09-09-1398P)April 16, 2010; April 23, 2010; Hawaii Tribune-HeraldThe Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720August 23, 2010155166
St. ClairCity of O'Fallon (07-05-2498P)April 15, 2010; April 22, 2010; O'Fallon ProgressThe Honorable Gary L. Graham, Mayor, City of O'Fallon, 255 South Lincoln Avenue, O'Fallon, IL 62269August 19, 2010170633
St. ClairUnincorporated areas of St. Clair County (07-05-2498P)April 15, 2010; April 22, 2010; O'Fallon ProgressThe Honorable Mark Kern, Chairman, St. Clair County Board, 10 Public Square, 5th Floor, Belleville, IL 62220August 19, 2010170616
WashoeCity of Reno (09-09-3152P)April 6, 2010; April 13, 2010; Reno Gazette-JournalThe Honorable Robert Cashell, Mayor, City of Reno, P.O. Box 1900, Reno, NV 89505August 11, 2010320020
WashoeUnincorporated areas of Washoe County (09-09-3152P)April 6, 2010; April 13, 2010; Reno Gazette-JournalThe Honorable David Humke, Chairman, Washoe County Board of Commissioners, P.O. Box 11130, Reno, NV 89520August 11, 2010320019
New Mexico: SandovalCity of Rio Rancho (10-06-0995P)April 21, 2010; April 28, 2010; Rio Rancho ObserverThe Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144August 26, 2010350146
North Carolina:
IredellTown of Mooresville (09-04-7593P)April 2, 2010; April 9, 2010; The Charlotte Observer & Mooresville TribuneThe Honorable Bill Thunberg, Mayor, Town of Mooresville, P.O. Box 878, Mooresville, NC 28115August 9, 2010370314
RichmondUnincorporated areas of Richmond County (09-04-8322P)April 7, 2010; April 14, 2010; Richmond County Daily JournalMr. Kenneth R. Robinette, Chairman, Richmond County Board of Commissioners, P.O. Box 504, Rockingham, NC 28380August 12, 2010370348
StanlyUnincorporated areas of Stanly County (09-04-5837P)March 25, 2010; April 1, 2010; Stanly News & PressMr. Tony M. Dennis, Stanly County Chairman, 1000 North 1st Street, Suite 13-B, Albemarle, NC 28001July 30, 2010370361
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Oklahoma: TulsaCity of Sand Springs (10-06-0758P)April 14, 2010; April 21, 2010; Sand Springs LeaderThe Honorable Bob Walker, Mayor, City of Sand Springs, P.O. Box 338, Sand Springs, OK 74063March 31, 2010400211
LincolnUnincorporated areas of Lincoln County (08-04-4212P)March 24, 2010; March 31, 2010; The Elk Valley TimesThe Honorable Peggy G. Bevels, Mayor, Lincoln County, 112 Main Avenue South, Room 101, Fayetteville, TN 37334August 2, 2010470104
RutherfordCity of Murfreesboro (09-04-3567P)April 2, 2010; April 9, 2010; Daily News JournalThe Honorable Tommy Bragg, Mayor, City of Murfreesboro, 111 West Vine Street, Murfreesboro, TN 37133April 23, 2010470168
RutherfordUnincorporated areas of Rutherford County (09-04-3567P)April 2, 2010; April 9, 2010; Daily News JournalThe Honorable Ernest Burgess, Mayor, Rutherford County, County Courthouse Room 101, Murfreesboro, TN 37130April 23, 2010470165
KerrUnincorporated areas of Kerr County (09-06-3314P)April 20, 2010; April 27, 2010; Kerrville Daily TimesThe Honorable Pat Tinley, Kerr County Judge, 700 East Main Street, Kerrville, TX 78028August 25, 2010480419
MontgomeryUnincorporated areas of Montgomery County (09-06-2479P)April 14, 2010; April 21, 2010; The CourierThe Honorable Alan B. Sadler, Montgomery County Judge, 501 North Thompson Street, Suite 401, Conroe, TX 77301August 19, 2010480483
RockwallCity of Rockwall (10-06-0882X)January 14, 2010; January 21, 2010; Dallas Morning NewsThe Honorable William Cecil, Mayor, City of Rockwall, 385 South Goliad Street, Rockwall, Texas 75087January 20, 2010480547
TarrantCity of Keller (09-06-2005P)April 14, 2010; April 21, 2010; The Keller CitizenThe Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248August 19, 2010480602
WebbCity of Laredo (09-06-1964P)March 12, 2010; March 19, 2010; Laredo Morning TimesThe Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040February 26, 2010480651.

(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. 2010-15231 Filed 6-22-10; 8:45 am]