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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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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 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: MaricopaUnincorporated areas of Maricopa County (09-09-1387P)June 10, 2010, June 17, 2010, Arizona Business GazetteThe Honorable Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003October 15, 2010040037
Colorado: ArapahoeCity of Aurora (10-08-0421P)June 3, 2010, June 10, 2010, Aurora SentinelThe Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012October 8, 2010080002
Colorado: BoulderCity of Boulder (10-08-0267P)June 10, 2010, June 17, 2010, The Daily CameraThe Honorable Susan Osborne, Mayor, City of Boulder, P.O. Box 791, Boulder, CO 80306October 15, 2010080024
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Colorado: BoulderUnincorporated areas of Boulder County (10-08-0267P)June 10, 2010, June 17, 2010, The Daily CameraThe Honorable Cindy Domenico, Chair, Boulder County Board of Commissioners, P.O. Box 471, Boulder, CO 80306October 15, 2010080023
Florida: CharlotteUnincorporated areas of Charlotte County (10-04-1461P)May 28, 2010, June 4, 2010, Charlotte SunThe Honorable Bob Starr, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Port Charlotte, FL 33948October 4, 2010120061
Florida: CollierCity of Naples (10-04-3471P)June 4, 2010, June 11, 2010, Naples Daily NewsThe Honorable Bill Barnett, Mayor, City of Naples, 735 8th Street South, Naples, FL 34102May 21, 2010125130
Florida: SarasotaCity of Sarasota (10-04-3887P)June 4, 2010, June 11, 2010, Sarasota Herald-TribuneThe Honorable Kelly M. Kirschner, Mayor, City of Sarasota, 1565 1st Street, Sarasota, FL 34236May 26, 2010125150
Georgia: PolkCity of Cedartown (09-04-0250P)April 22, 2010, April 29, 2010, The Cedartown StandardThe Honorable Larry Odom, Chairman, City of Cedartown Board of Commissioners, 201 East Avenue, Cedartown, GA 30125August 27, 2010130153
Hawaii: HawaiiUnincorporated areas of Hawaii County (09-09-2120P)June 10, 2010, June 17, 2010, Hawaii Tribune-HeraldThe Honorable William P. Kenoi, Mayor, Hawaii County, 25 Aupuni Street, Hilo, HI 96720October 15, 2010155166
Kansas: JohnsonCity of Fairway (09-07-1447P)June 9, 2010, June 16, 2010, The Johnson County SunThe Honorable Jerry Wiley, Mayor, City of Fairway, 4210 Shawnee Mission Parkway, Suite 100, Fairway, KS 66205May 28, 2010205185
Louisiana: TangipahoaUnincorporated areas of Tangipahoa Parish (09-06-2518P)June 4, 2010, June 11, 2010, Hammond Daily StarThe Honorable Gordon Burgess, President, Tangipahoa Parish, 206 East Mulberry Street, Amite, LA 70422July 23, 2010220206
Missouri: St. LouisCity of Des Peres (09-07-0141P)June 10, 2010, June 17, 2010, The CountianThe Honorable Richard G. Lahr, Mayor, City of Des Peres, 12325 Manchester Road, Des Peres, MO 63131October 15, 2010290347
New Mexico: BernalilloUnincorporated areas of Bernalillo County (10-06-1078P)May 26, 2010, June 2, 2010, Albuquerque JournalThe Honorable Deanna A. Archuleta, Chair, Bernalillo County Board of Commissioners, One Civic Plaza Northwest, 10th Floor, Albuquerque, NM 87102September 30, 2010350001
New York: WestchesterVillage of Mamaroneck (10-02-0098P)April 26, 2010, May 3, 2010, The Journal NewsThe Honorable Norman S. Rosenblum, Mayor, Village of Mamaroneck, 123 Mamaroneck Avenue, Mamaroneck, NY 10543October 19, 2010360916
North Carolina: GuilfordCity of Greensboro (09-04-4869P)May 27, 2010, June 3, 2010, Greensboro News and RecordThe Honorable William H. Knight, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402October 1, 2010375351
North Carolina: OrangeTown of Carrboro (09-04-5619P)June 4, 2010, June 11, 2010, Chapel Hill HeraldThe Honorable Mark Chilton, Mayor, Town of Carrboro, 301 West Main Street, Carrboro, NC 27510October 12, 2010370275
Texas: CollinCity of Dallas (10-06-1626P)May 25, 2010, June 1, 2010, Dallas Morning NewsThe Honorable Tom Leppert, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201May 17, 2010480171
Texas: HarrisCity of Houston (09-06-3048P)May 25, 2010, June 1, 2010, The Houston ChronicleThe Honorable Annise D. Parker, Mayor, City of Houston, P.O. Box 1562, Houston, TX 77251September 29, 2010480296
Texas: JeffersonCity of Beaumont (09-06-2516P)June 10, 2010, June 17, 2010, Beaumont EnterpriseThe Honorable Becky Ames, Mayor, City of Beaumont, 801 Main Street, Suite 205, Beaumont, TX 77704October 15, 2010485457
Virginia: FrederickCity of Winchester (10-03-0692P)April 29, 2010, May 6, 2010, The Winchester StarThe Honorable Elizabeth Minor, Mayor, City of Winchester, 15 North Cameron Street, Winchester, VA 22601April 22, 2010510173
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(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. 2010-31516 Filed 12-15-10; 8:45 am]