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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 Start Printed Page 78608person 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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Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-4064, 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.
Arizona: CochiseCity of Sierra Vista (10-09-2513P)August 11, 2010, August 18, 2010, Sierra Vista HeraldThe Honorable Bob Strain, Mayor, City of Sierra Vista, 1011 North Coronado Drive, Sierra Vista, AZ 85635August 30, 2010040017
Arizona: MaricopaTown of Gilbert (10-09-0572P)August 12, 2010, August 19, 2010, Arizona Business GazetteThe Honorable John Lewis, Mayor, Town of Gilbert, 50 East Civic Center Drive, Gilbert, AZ 85296July 30, 2010040044
Arizona: MaricopaCity of Goodyear (10-09-1335P)August 5, 2010, August 12, 2010, Arizona Business GazetteThe Honorable James M. Cavanaugh, Mayor, City of Goodyear, P.O. Box 5100, Goodyear, AZ 85338July 30, 2010040046
Arizona: PimaCity of Tucson (10-09-1751P)July 23, 2010, July 30, 2010, Arizona Daily StarThe Honorable Bob Walkup, Mayor, City of Tucson, City Hall, 255 West Alameda, Tucson, AZ 85701July 13, 2010040076
Arizona: PinalCity of Casa Grande (10-09-1348P)July 23, 2010, July 30, 2010, Casa Grande DispatchThe Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85122August 11, 2010040080
Arizona: PinalTown of Mammoth (10-09-1056P)July 31, 2010, August 7, 2010, Casa Grande DispatchThe Honorable Craig Williams, Mayor, Town of Mammoth, P.O. Box 404, Mammoth, AZ 85618December 6, 2010040086
Arizona: PinalUnincorporated areas of Pinal County (10-09-1056P)July 31, 2010, August 7, 2010, Casa Grande DispatchThe Honorable Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, AZ 85132December 6, 2010040077
California: SacramentoUnincorporated areas of Sacramento County (10-09-1947P)August 11, 2010, August 18, 2010, The Sacramento BeeThe Honorable Roger Dickinson, Chairman, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814December 16, 2010060262
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California: San DiegoCity of Oceanside (10-09-1317P)August 2, 2010, August 9, 2010, North County TimesThe Honorable Jim Wood, Mayor, City of Oceanside, 300 North Coast Highway, Oceanside, CA 92054July 26, 2010060294
Colorado: EagleUnincorporated areas of Eagle County (10-08-0478P)September 2, 2010, September 9, 2010, The Eagle Valley EnterpriseThe Honorable Sara Fisher, Chairman, Eagle County Board of Commissioners, P.O. Box 850, Eagle, CO 81631August 25, 2010080051
Colorado: SummitUnincorporated areas of Summit County (10-08-0513P)August 6, 2010, August 13, 2010, Summit County JournalThe Honorable Bob French, Chairman, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, CO 80424July 30, 2010080290
Florida: HillsboroughUnincorporated areas of Hillsborough County (10-04-4807P)August 2, 2010, August 9, 2010, The Tampa TribuneThe Honorable Ken Hagan, Chairman, Hillsborough County Board of Commissioners, P.O. Box 1110, Tampa, FL 36601July 22, 2010120112
Florida: LeeCity of Cape Coral (10-04-0289P)August 27, 2010, September 3, 2010, Fort Myers News-PressThe Honorable John Sullivan, Mayor, City of Cape Coral, P.O. Box 150027, Cape Coral, FL 33915January 3, 2011125095
Florida: LeeUnincorporated areas of Lee County (10-04-0289P)August 27, 2010, September 3, 2010, Fort Myers News-PressMs. Tammy Hall, Chair, Lee County Board of County, Commissioners, P.O. Box 398, Ft. Myers, FL 33902January 3, 2011125124
Florida: PolkCity of Lakeland (10-04-4064P)August 11, 2010, August 18, 2010, The LedgerThe Honorable Gow Fields, Mayor, City of Lakeland, 228 South Massachusetts Avenue, Lakeland, FL 33801July 30, 2010120267
Florida: St. JohnsUnincorporated areas of St. Johns County (10-04-2018P)July 26, 2010, August 2, 2010, St. Augustine RecordMr. Michael Wanchick, County Administrator, St. Johns County, 500 San Sebastian View, St. Augustine, FL 32084July 21, 2010125147
Mississippi: RankinCity of Flowood (10-04-5433P)August 20, 2010, August 27, 2010, The Clarion-LedgerThe Honorable Gary Rhoads, Mayor, City of Flowood, P.O. Box 320069, Flowood, MS 39232August 10, 2010280289
Montana: CascadeUnincorporated areas of Cascade County (10-08-0429P)August 10, 2010, August 17, 2010, Great Falls TribuneThe Honorable Joe Briggs, Chairman, Cascade County Board of Commissioners, 325 2nd Avenue North, Great Falls, MT 59401December 15, 2010300008
North Carolina: CumberlandTown of Hope Mills (10-04-0445P)July 26, 2010, August 2, 2010, Fayetteville ObserverThe Honorable Eddie Dees, Mayor, Town of Hope Mills, 5770 Rockfish Road, Hope Mills, NC 28348November 30, 2010370312
North Carolina: CumberlandUnincorporated areas of Cumberland County (10-04-0445P)July 26, 2010, August 2, 2010, Fayetteville ObserverMr. James E. Martin, Manager, Cumberland County, 117 Dick Street, Room 512, Fayetteville, NC 28301November 30, 2010370076
North Carolina: PittCity of Greenville (10-04-3020P)August 23, 2010, August 30, 2010, The Daily ReflectorThe Honorable Patricia C. Dunn, Mayor, City of Greenville, P.O. Box 7207, Greenville, NC 27835December 28, 2010370191
North Carolina: PittCity of Greenville (10-04-3296P)August 19, 2010, August 26, 2010, The Daily ReflectorThe Honorable Patricia C. Dunn, Mayor, City of Greenville, P.O. Box 7207, Greenville, NC 27835August 12, 2010370191
North Carolina: WakeUnincorporated areas of Wake County, (09-04-7036P)July 29, 2010, August 5, 2010, The News & ObserverMr. David Cooke, Manager, Wake County, P.O. Box 550, Greenville, NC 27602December 3, 2010370368
South Carolina: ChesterUnincorporated areas of Chester County (10-04-4509P)August 20, 2010, August 27, 2010, News & ReporterThe Honorable R. Carlisle Roddey, Chairman, Chester County Council, P.O. Box 580, Chester, SC 29706December 27, 2010450047
South Carolina: DorchesterCity of North Charleston (10-04-1595P)August 19, 2010, August 26, 2010, The Post and CourierThe Honorable R. Keith Summey, Mayor, City of North Charleston, 2500 City Hall Lane, North Charleston, SC 29406September 10, 2010450042
South Dakota: LincolnUnincorporated areas of Lincoln County (10-08-0327P)August 19, 2010, August 26, 2010, Lennox IndependentThe Honorable Jim Schmidt, Chairman, Lincoln County Board of Commissioners, 104 North Main Street, Canton, SD 57013December 24, 2010460277
Texas: WichitaCity of Wichita Falls (10-06-1225P)August 20, 2010, August 27, 2010, Wichita Falls Times Record NewsThe Honorable Glenn Barham, Mayor, City of Wichita Falls, P.O. Box 1431, Wichita Falls, TX 76307December 27, 2010480662
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Utah: WashingtonCity of LaVerkin (10-08-0578P)August 20, 2010, August 27, 2010, The SpectrumThe Honorable Karl Wilson, Mayor, City of LaVerkin, 111 South Main Street, LaVerkin, UT 84745August 11, 2010490174
Utah: WashingtonTown of Toquerville (10-08-0578P)August 20, 2010, August 27, 2010, The SpectrumThe Honorable Darrin LeFevre, Mayor, Town of Toquerville, P.O. Box 27, Toquerville, UT 84774August 11, 2010490180

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

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Dated: December 3, 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. 2010-31509 Filed 12-15-10; 8:45 am]