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Rule

Changes in Flood Elevation Determinations

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AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Interim rule.

SUMMARY:

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.

DATES:

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.

ADDRESSES:

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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FOR FURTHER INFORMATION CONTACT:

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) luis.rodriguez1@dhs.gov.

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SUPPLEMENTARY INFORMATION:

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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PART 65—[AMENDED]

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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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[Amended]
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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: MaricopaCity of Peoria (10-09-1908P)October 21, 2010, October 28, 2010, Arizona Business GazetteThe Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345Oct. 15, 2010040050
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Arizona: MaricopaUnincorporated areas of Maricopa County (10-09-1908P)October 21, 2010, October 28, 2010, Arizona Business GazetteMr. Don Stapley, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003Oct. 15, 2010040037
Arizona: PinalCity of Casa Grande (10-09-1532P)November 12, 2010, November 19, 2010, Casa Grande DispatchThe Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85222Nov. 5, 2010040080
Arizona: PinalCity of Maricopa (10-09-2020P)November 4, 2010, November 11, 2010, Casa Grande DispatchThe Honorable Anthony Smith, Mayor, City of Maricopa, 45145 West Madison Avenue, Maricopa, AZ 85239Mar. 11, 2011040052
Arizona: PinalUnincorporated areas of Pinal County (10-09-2020P)November 4, 2010, November 11, 2010, Casa Grande DispatchMr. Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box 827, Florence, AZ 85132Mar. 11, 2011040077
Arizona: YavapaiUnincorporated areas of Yavapai County (10-09-0470P)November 10, 2010, November 17, 2010, The Daily CourierMr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 10 South 6th Street, Cottonwood, AZ 86326Mar. 17, 2011040093
Colorado: El PasoCity of Colorado Springs (10-08-0460P)October 27, 2010, November 3, 2010, El Paso County Advertiser and NewsThe Honorable Lionel Riviera, Mayor, City of Colorado Springs, P.O. Box 1575, Colorado Springs, CO 80901Nov. 17, 2010080060
Colorado: SummitUnincorporated areas of Summit County (10-08-0470P)November 5, 2010, November 12, 2010, Summit County JournalMr. Bob French, Chairman, Summit County Board of Commissioners, P.O. Box 68, Breckenridge, CO 80424Nov. 29, 2010080290
Colorado: WeldTown of Firestone (10-08-0823P)October 8, 2010, October 15, 2010, The Greeley TribuneThe Honorable Chad Auer, Mayor, Town of Firestone, P.O. Box 100, Firestone, CO 80520Feb. 14, 2011080241
Colorado: WeldTown of Frederick (10-08-0823P)October 8, 2010, October 15, 2010, The Greeley TribuneThe Honorable Eric Doering, Mayor, Town of Frederick, P.O. Box 435, Frederick, CO 80530Feb. 14, 2011080244
Colorado: WeldUnincorporated areas of Weld County (10-08-0823P)October 8, 2010, October 15, 2010, The Greeley TribuneMr. Douglas Rademacher, Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80632Feb. 14, 2011080266
Florida: CollierCity of Marco Island (10-04-7495P)November 5, 2010, November 12, 2010, Naples Daily NewsMr. James Riviere, Ph.D., Manager, City of Marco Island, 50 Bald Eagle Drive, Marco Island, FL 34145Oct. 27, 2010120426
Florida: LeonUnincorporated areas of Leon County (10-04-8400P)October 29, 2010, November 5, 2010, Tallahassee DemocratMr. Parwez Alam, Leon County Administrator, 301 South Monroe Street, Tallahassee, FL 32301Mar. 7, 2011120143
Florida: OkaloosaUnincorporated areas of Okaloosa County (10-04-8273P)November 16, 2010, November 23, 2010, Northwest Florida Daily NewsMr. Wayne R. Harris, Chairman, Okaloosa County Board of Commissioners, 1804 Lewis Turner Boulevard, Suite 100, Fort Walton Beach, FL 32547Nov. 8, 2010120173
Florida: SarasotaCity of Sarasota (10-04-6569P)November 5, 2010, November 12, 2010, Sarasota Herald-TribuneThe Honorable Kelly M. Kirschner, Mayor, City of Sarasota, 1565 1st Street, Room 101, Sarasota, FL 34236Oct. 28, 2010125150
Georgia: BryanCity of Richmond Hill (10-04-6327P)November 3, 2010, November 10, 2010, Bryan County NewsThe Honorable E. Harold Fowler, Mayor, City of Richmond Hill, P.O. Box 250, Richmond Hill, GA 31324Mar. 10, 2011130018
Georgia: ForsythUnincorporated areas of Forsyth County (10-04-6459P)October 27, 2010, November 3, 2010, Forsyth County NewsMr. Charlie Laughinghouse, Chairman, Forsyth County Board of Commissioners, 110 East Main Street, Suite 210, Cumming, GA 30040Nov. 17, 2010130312
Georgia: LamarCity of Barnesville (10-04-1925P)August 24, 2010, August 31, 2010, The Herald-GazetteThe Honorable Peter Banks, Mayor, City of Barnesville, 109 Forsyth Street, Barnesville, GA 30204Dec. 29, 2010130207
Georgia: TiftCity of Tifton (09-04-7386P)November 19, 2010, November 26, 2010, The Tifton GazetteMr. J. G. Cater, Jr., Chairman, Tift County Board of Commissioners, P.O. Box 229, Tifton, GA 31793Mar. 28, 2011130171
Georgia: TiftUnincorporated areas of Tift County (09-04-7386P)November 19, 2010, November 26, 2010, The Tifton GazetteMr. Grady Thompson, Chairman, Tift County Commission, 225 North Tift Avenue, Tifton, GA 31794Mar. 28, 2011130404
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Mississippi: DeSotoCity of Olive Branch (10-04-1806P)November 2, 2010, November 9, 2010, DeSoto Times-TribuneThe Honorable Sam Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654Mar. 9, 2011280286
Montana: YellowstoneUnincorporated areas of Yellowstone County (09-08-0713P)June 10, 2010, June 17, 2010, The Billings GazetteMr. Bill Kennedy, Chairperson, Yellowstone County Board of Commissioners, P.O Box 35000, Billings, MT 59107May 28, 2010300142
North Carolina: AlamanceUnincorporated areas of Alamance County (10-04-6308P)October 27, 2010, November 3, 2010, The Times-NewsMr. Craig F. Honeycutt, Alamance County Manager, 124 West Elm Street, Graham, NC 27253Mar. 3, 2011370001
North Carolina: DurhamCity of Durham (09-04-5502P)November 27, 2009, December 4, 2009, The Herald SunThe Honorable William V. Bell, Mayor, City of Durham, Office of the Mayor, 101 City Hall Plaza, Durham, North Carolina 27701Apr. 5, 2010370086
North Carolina: MecklenburgCity of Charlotte (10-04-7369P)October 29, 2010, November 5, 2010, The Charlotte ObserverThe Honorable Anthony Foxx, Mayor, City of Charlotte, 600 East 4th Street, Charlotte, NC 28202Mar. 7, 2011370159
North Carolina: UnionUnincorporated areas of Union County (10-04-7369P)October 29, 2010, November 5, 2010, The Enquirer-JournalMr. Jerry Simpson, Chairman, Union County Board of Commissioners, 500 North Main Street, Monroe, NC 28112Mar. 7, 2011370234
South Dakota: LawrenceCity of Spearfish (10-08-0269P)November 10, 2010, November 17, 2010, Black Hills PioneerThe Honorable Jerry Krambeck, Mayor, City of Spearfish, 625 North 5th Street, Spearfish, SD 57783Nov. 3, 2010460046
South Dakota: MinnehahaCity of Brandon (10-08-0604P)November 10, 2010, November 17, 2010, Argus LeaderThe Honorable Larry Beesley, Mayor, City of Brandon, 212 7th Avenue, Brandon, SD 57005Mar. 17, 2011460296
South Dakota: MinnehahaUnincorporated areas of Minnehaha County (10-08-0604P)November 10, 2010, November 17, 2010, Argus LeaderMs. Anne Hajek, Chair, Minnehaha County Board of Commissioners, 415 North Dakota Avenue, Sioux Falls, SD 57104Mar. 17, 2011460057
Utah: UtahCity of Spanish Fork (10-08-0282P)October 8, 2010, October 15, 2010, The Daily HeraldThe Honorable G. Wayne Anderson, Mayor, City of Spanish Fork, 40 South Main Street, Spanish Fork, UT 84660Feb. 14, 2011490241
Utah: UtahUnincorporated areas of Utah County (10-08-0282P)October 8, 2010, October 15, 2010, The Daily HeraldMr. Steve White, Chairman, Utah County Board of Commissioners, 100 East Center Street, Provo, UT 84606Feb. 14, 2011495517

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

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Dated: January 7, 2011.

Sandra K. Knight,

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

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[FR Doc. 2011-838 Filed 1-14-11; 8:45 am]

BILLING CODE 9110-12-P