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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 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 Start Printed Page 82276impact 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: HoustonCity of Dothan (10-04-5284P)July 9, 2010; July 16, 2010; Dothan EagleThe Honorable Mike Schmitz, Mayor, City of Dothan, P.O. Box 2128, Dothan, AL 36302November 15, 2010010104
NavajoCity of Show Low (09-09-2789P)July 9, 2010; July 16, 2010; White Mountain IndependentThe Honorable Rick Fernau, Mayor, City of Show Low, 550 North 9th Place, Show Low, AZ 85901June 28, 2010040069
YavapaiUnincorporated areas of Yavapai County (10-09-2672P)July 9, 2010; July 16, 2010; The Daily CourierMr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305November 15, 2010040093
MercedCity of Merced (10-09-0548P)July 9, 2010; July 16, 2010; Merced Sun-StarThe Honorable Bill Spriggs, Mayor, City of Merced, 678 West 18th Street, Merced, CA 95340November 15, 2010060191
SacramentoCity of Sacramento (10-09-0525P)July 9, 2010; July 16, 2010; The Sacramento BeeThe Honorable Kevin Johnson, Mayor, City of Sacramento, 915 I Street, 5th Floor, Sacramento, CA 95814November 15, 2010060266
San BernardinoCity of Colton (09-09-2788P)July 9, 2010; July 16, 2010; San Bernardino BulletinThe Honorable Kelly J. Chastain, Mayor, City of Colton, 650 North La Cadena Drive, Colton, CA 92324November 15, 2010060273
San BernardinoCity of San Bernardino (09-09-2788P)July 9, 2010; July 16, 2010; San Bernardino BulletinThe Honorable Patrick J. Morris, Mayor, City of San Bernardino, 300 North D Street, San Bernardino, CA 92418November 15, 2010060281
Santa BarbaraUnincorporated areas of Santa Barbara County (10-09-1185P)July 9, 2010; July 16, 2010; Santa Barbara News-PressThe Honorable Janet Wolf, Chair, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101June 29, 2010060331
Santa ClaraUnincorporated areas of Santa Clara County (09-09-2556P)June 30, 2010; July 7, 2010; Santa Clara WeeklyThe Honorable Ken Yeager, Chairperson, Santa Clara County Board of Supervisors, 70 West Hedding Street, 10th Floor, San Jose, CA 95110June 23, 2010060337
VenturaCity of Simi Valley (10-09-2783P)July 9, 2010; July 16, 2010; The Ventura County StarThe Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063November 15, 2010060421
Miami-DadeCity of Sunny Isles Beach (10-04-4666P)July 9, 2010; July 16, 2010; Miami Daily Business ReviewThe Honorable Norman S. Edlecup, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160June 30, 2010120688
OrangeCity of Orlando (10-04-0789P)May 20, 2010; May 27, 2010; Orlando WeeklyThe Honorable Buddy Dyer, Mayor, City or Orlando, P.O. Box 4990, Orlando, FL 32802September 24, 2010120186
PolkCity of Winter Haven (10-04-1058P)June 4, 2010; June 11, 2010; News ChiefThe Honorable Jeff Potter, Mayor, City of Winter Haven, 451 3rd Street Northwest, Winter Haven, FL 33881October 12, 2010120271
SumterUnincorporated areas of Sumter County (10-04-1900P)July 22, 2010; July 29, 2010; Sumter County TimesMr. Doug Gilpin, Chairman, Sumter County Board of Commissioners, 910 North Main Street, Bushnell, FL 33513November 26, 2010120296
Nevada: ClarkCity of Las Vegas (10-09-1223P)July 1, 2010; July 8, 2010; Las Vegas Review-JournalThe Honorable Oscar B. Goodman, Mayor, City of Las Vegas, City Hall, 10th Floor, 400 Stewart Avenue, Las Vegas, NV 89101June 22, 2010325276
New York: NiagaraTown of Cambria (07-02-0919P)October 18, 2007; October 25, 2007; The Niagara GazetteThe Honorable Wright H. Ellis, Cambria Town Board Supervisor, 4160 Upper Mountain Road, Sanborn, NY 14132January 24, 2008360499
North Carolina:
CatawbaCity of Conover (10-04-2641P)July 7, 2010; July 14, 2010; The Observer News-EnterpriseThe Honorable Lee E. Moritz, Jr., Mayor, City of Conover, P.O. Box 549, Conover, NC 28613July 30, 2010370053
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CatawbaCity of Newton (10-04-2641P)July 7, 2010; July 14, 2010; The Observer News-EnterpriseThe Honorable Robert A. Mullinax, Mayor, City of Newton, 401 North Main Avenue, Newton, NC 28658July 30, 2010370057
KnoxUnincorporated areas of Knox County (10-04-1555P)July 9, 2010; July 16, 2010; Knoxville News-SentinelThe Honorable Mike Ragsdale, Knox County Mayor, 400 Main Street, Suite 615, Knoxville, TN 37902June 30, 2010475433
ShelbyTown of Collierville (10-04-1188P)June 24, 2010; July 1, 2010; The Collierville HeraldThe Honorable Stan Joyner, Mayor, Town of Collierville, 500 Poplar View Parkway, Collierville, TN 38017June 17, 2010470263
Utah: WashingtonCity of Washington (10-08-0519P)July 9, 2010; July 16, 2010; The SpectrumThe Honorable Kenneth Neilson, Mayor, City of Washington, 111 North 100 East, Washington, UT 84780November 15, 2010490182
Wisconsin: DaneCity of Madison (10-05-3876P)July 9, 2010; July 16, 2010; Wisconsin State JournalThe Honorable Dave Cieslewicz, Mayor, City of Madison, 210 Martin Luther King, Jr. Boulevard, City-County Building, Room 403, Madison, WI 53703July 30, 2010550083

(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. 2010-32903 Filed 12-29-10; 8:45 am]