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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 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, 44 CFR part 65 is amended to read as follows:

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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.
ValleyUnincorporated areas of Valley County (10-10-0010P)April 15, 2010; April 22, 2010; The Star-NewsThe Honorable Jerry Winkle, Valley County Commissioner, P.O. Box 1350, Cascade, ID 83611August 21, 2010160220
Indiana: HamiltonCity of Noblesville (10-05-3162P)April 15, 2010; April 22, 2010; Indianapolis StarThe Honorable John Ditslear, Mayor, City of Noblesville, 16 South 10th Street, Suite 150, Noblesville, IN 46060August 20, 2010180082
Green LakeVillage of Marquette (10-05-1858P)April 8, 2010; April 15, 2010; The Berlin Journal NewspaperMr. Howard Sell, District 6, County Board Supervisor, N3415 State Highway 73, Markesan, WI 53946March 29, 2010550170
WaukeshaUnincorporated areas of Waukesha County (10-05-0806P)April 29, 2010; May 6, 2010; Milwaukee Journal Sentinel and Lake County ReporterMr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 230, Waukesha, WI 53188September 3, 2010550476
JeffersonUnincorporated areas of Jefferson County (10-05-0806P)April 29, 2010; May 6, 2010; Daily Jefferson County UnionMs. Sharon L. Schmeling, County Board Chairperson, 320 South Main Street, Room 201, Jefferson, WI 53549September 3, 2010550191
WaukeshaUnincorporated areas of Waukesha County (10-05-0802P)April 29, 2010; May 6, 2010; Lake County Reporter and Milwaukee Journal SentinelMr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 320, Waukesha, WI 53188September 3, 2010550476
OaklandCity of Novi (10-05-0812P)May 6, 2010; May 13, 2010; Novi NewsThe Honorable David Landry, Mayor, City of Novi, 45175 West Ten Mile Road, Novi, MI 48375May 24, 2010260175
DaneVillage of Black Earth (10-05-1272P)May 20, 2010; May 27, 2010; News-Sickle-ArrowThe Honorable Patrick Troge, President, Village of Black Earth, 1525 Riverview Drive, Black Earth, WI 53515September 24, 2010550079
DaneUnincorporated areas of Dane County (10-05-1272P)May 20, 2010; May 27, 2010; The Wisconsin State JournalKathleen Falk, County Executive, 210 Martin Luther King Jr. Boulevard, Room 116, City-County Building, Madison, WI 53703September 24, 2010550077
BarnstableTown of Falmouth (09-01-1590P)May 21, 2010; May 28, 2010; Falmouth EnterpriseMr. Robert L. Whritenour, Jr., Town of Falmouth Manager, 59 Town Hall Square, Falmouth, MA 02540August 26, 2010255211
St. CroixCity of River Falls (10-05-1230P)May 27, 2010; June 3, 2010; River Falls JournalThe Honorable Don Richards, Mayor, City of River Falls, 106 North Wasson Lane, River Falls, WI 54022October 1, 2010550330
St. CroixUnincorporated areas of St. Croix County (10-05-1230P)May 27, 2010; June 3, 2010; River Falls JournalMr. Daryl Standafer, St. Croix County Chairman, 1101 Carmichael Road Hudson, WI 54016October 1, 2010555578
PolkCity of Des Moines (09-07-1717P)May 27, 2010; June 3, 2010; Des Moines RegisterThe Honorable Franklin Cownie, Mayor, City of Des Moines, 675 Harwood Drive, Des Moines, IA 50312October 1, 2010190227
AdaUnincorporated areas of Ada County (10-10-0170P)May 27, 2010; June 3, 2010; The Idaho StatesmanThe Honorable Fred Tilman, Ada County Commissioner, 200 West Front Street, Boise, ID 83702September 1, 2010160001
TippecanoeCity of Lafayette (10-05-3321P)May 27, 2010; June 3, 2010; Journal and CourierThe Honorable Tony Roswarski, Mayor, City of Lafayette, 20 North 6th Street, Lafayette, IN 47901May 18, 2010180253
LancasterCity of Lincoln (10-07-0761P)June 3, 2010; June 10, 2010; The Lincoln Journal-StarThe Honorable Chris Beutler, Mayor, City of Lincoln, 555 South 10th Street, Suite 301, Lincoln, NE 68508October 8, 2010315273
City of FairfaxCity of Fairfax (10-03-0412P)June 14, 2010; June 21, 2010; The Washington TimesThe Honorable Robert F. Lederer, Mayor, City of Fairfax, 10455 Armstrong Street, Fairfax, VA 22030October 19, 2010515524
WindhamTown of Wilmington (10-01-0925P)June 14, 2010; June 21, 2010; Brattleboro ReformerThe Honorable Thomas P. Consolino, Chair, Selectboard, P.O. Box 217 Wilmington, VT 05363June 2, 2010500142
WindhamTown of Wilmington (10-01-0925P)June 17, 2010; June 24, 2010; The Deerfield Valley NewsThe Honorable Thomas P. Consolino, Chair, Selectboard P.O. Box 217 Wilmington, VT 05363June 2, 2010500142
New Hampshire:
HillsboroughTown of Pelham (09-01-1526P)June 18, 2010; June 25, 2010; The Lowell SunThe Honorable Douglas Viger, Chairman, Board Selectman, 6 Village Green, Pelham, NH 03076July 6, 2010330100
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HillsboroughTown of Pelham (09-01-1526P)June 21, 2010; June 28, 2010; The Pelham-Windham NewsThe Honorable Douglas Viger, Chairman, Board Selectman, 6 Village Green, Pelham, NH 03076July 6, 2010330100
JohnsonCity of Overland Park (09-07-1710P)June 30, 2010; July 7, 2010; Sun PublicationsThe Honorable Carl Gerlach, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, KS 66212June 17, 2010200174
CumberlandTown of Harpswell (09-01-1532P)July 12, 2010; July 19, 2010; The Times-RecordThe Honorable James S. Henderson, Chairman, Board of Selectman, P.O. Box 39, Harpswell, ME 04079June 24, 2010230169
MacombTownship of Washington (10-05-4289P)July 7, 2010; July 14, 2010; The Romeo ObserverMr. Dan O'Leary, Board Supervisor, 57900 Van Dyke Road, Washington, MI 48094June 29, 2010260447
ColeCity of Jefferson City (10-07-0593P)July 8, 2010; July 15, 2010; News-TribuneThe Honorable John Landwehr, Mayor, City of Jefferson City, 320 East McCarty Street, Jefferson City, MO 65101December 24, 2010290108
Black HawkCity of Cedar Falls (10-07-0506P)July 8, 2010; July 15, 2010; The Waterloo CourierThe Honorable Jon Crews, Mayor, Cedar Falls, 220 Clay Street, Cedar Falls, IA 50613November 12, 2010190017
YorkTown of Holis (10-01-0538P)July 13, 2010; July 20, 2010; The Smart ShopperMr. Stuart B. Gannett, Sr., Chairman, Board of Selectman, 34 Town Farm Road, Hollis, ME 04042November 17, 2010230150

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

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Dated: December 22, 2010.

Edward Connor,

Acting Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2010-33103 Filed 12-30-10; 8:45 am]