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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:
CoconinoCity of Page (10-09-3257P)March 4, 2011; March 11, 2011; The Arizona Daily SunThe Honorable Lyle Dimbatt, Mayor, City of Page, P.O. Box 4301, Page, AZ 86040July 11, 2011040113
CoconinoUnincorporated areas of Coconino County (10-09-3257P)March 4, 2011; March 11, 2011; The Arizona Daily SunThe Honorable Mandy Metzger, Chairperson, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001July 11, 2011040019
California:
OrangeCity of Orange; (10-09-3115P)March 21, 2011; March 28, 2011; The Orange County RegisterThe Honorable Carolyn V. Cavecche, Mayor, City of Orange, 300 East Chapman Avenue, Orange, CA 92866April 15, 2011060228
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RiversideUnincorporated areas of Riverside County (10-09-2063P)March 18, 2011; March 25, 2011; The Press-EnterpriseThe Honorable Bob Buster, Chairperson, Riverside County Board of Supervisors, 4080 Lemon Street, Riverside, CA 92502July 25, 2011060245
San BenitoCity of Hollister (10-09-2357P)March 8, 2011; March 15, 2011; The Free LanceThe Honorable Victor Gomez, Mayor, City of Hollister, 375 5th Street, Hollister, CA 95023July 13, 2011060268
San BenitoUnincorporated areas of San Benito County (10-09-2357P)March 8, 2011; March 15, 2011; The Free LanceThe Honorable Anthony Botelho, Chairman, San Benito County Board of, Supervisors, 481 4th Street, 1st Floor, Hollister, CA 95023July 13, 2011060267
VenturaCity of Simi Valley (10-09-3242P)March 9, 2011; March 16, 2011; The Ventura County StarThe Honorable Bob Huber, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063July 14, 2011060421
Colorado:
ArapahoeCity of Littleton (11-08-0082P)March 18, 2011; March 25, 2011; The Denver PostThe Honorable Doug Clark, Mayor, City of Littleton, 2255 West Berry Avenue, Littleton, CO 80165April 14, 2011080017
ArapahoeTown of Columbine Valley (11-08-0082P)March 18, 2011; March 25, 2011; The Denver PostThe Honorable Gale Christy, Mayor, Town of Columbine Valley, 2 Middlefield Road, Columbine Valley, CO 80123April 14, 2011080014
ArapahoeUnincorporated areas of Arapahoe County (11-08-0082P)March 18, 2011; March 25, 2011; The Denver PostThe Honorable Rod Bockenfeld, Chairman, Arapahoe County, Board of Commissioners, 5334 South Prince Street, Littleton, CO 80166April 14, 2011080011
DouglasUnincorporated areas of Douglas County (11-08-0287P)March 10, 2011; March 17, 2011; The Douglas County News-PressThe Honorable Jill Repella, Chair, Douglas County, Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104February 28, 2011080049
Florida:
DuvalCity of Jacksonville (11-04-3277P)March 18, 2011; March 25, 2011; The Jacksonville Daily RecordThe Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, Suite 400, Jacksonville, FL 32202March 14, 2011120077
OrangeUnincorporated areas of Orange County (10-04-0673P)February 10, 2011; February 17, 2011; The Orlando WeeklyThe Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801June 17, 2011120179
OrangeUnincorporated areas of Orange County (10-04-7471P)February 10, 2011; February 17, 2011; The Orlando WeeklyThe Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801June 17, 2011120179
SarasotaUnincorporated areas of Sarasota County (11-04-1370P)March 16, 2011; March 23, 2011; The Sarasota Herald-TribuneThe Honorable Nora Patterson, Chairperson, Sarasota County Board of Commissioners, 1660 Ringling Boulevard, Sarasota, FL 34236July 21, 2011125144
WakullaUnincorporated areas of Wakulla County (10-04-8135P)March 31, 2011; April 7, 2011; The Wakulla NewsThe Honorable Tim Barden, Interim Wakulla County Administrator, P.O. Box 1263, Crawfordville, FL 32327March 25, 2011120315
Georgia:
FultonCity of East Point (09-04-8416P)March 7, 2011; March 14, 2011; The Daily ReportThe Honorable Crandall O. Jones, City of East Point Manager, 2777 East Point Street, East Point, GA 30344July 12, 2011130087
TroupCity of LaGrange (10-04-5810P)March 11, 2011; March 18, 2011; The LaGrange Daily NewsThe Honorable Jeff Lukken, Mayor, City of LaGrange, 200 Ridley Avenue, LaGrange, GA 30240July 18, 2011130177
Hawaii:
HonoluluCity and County of Honolulu (11-09-0171P)March 25, 2011; April 1, 2011; The Honolulu Star-AdvertiserThe Honorable Peter B. Carlisle, Mayor, City and County of Honolulu, 530 South King Street, Room 300, Honolulu, HI 96813March 21, 2011150001
MauiUnincorporated areas of Maui County (10-09-3595P)March 4, 2011; March 11, 2011; The Maui NewsThe Honorable Alan M. Arakawa, Mayor, Maui County, 250 South High Street, Wailuku, HI 96793February 24, 2011150003
Mississippi:
DeSotoCity of Olive Branch (10-04-5201P)March 31, 2011; April 7, 2011; The DeSoto Times TribuneThe Honorable Sam Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654August 5, 2011280286
North Carolina:
AsheUnincorporated areas of Ashe County (10-04-3410P)February 18, 2011; February 25, 2011; The Jefferson PostMr. Dan McMillan, Ashe County Manager, 150 Government Circle, Suite 2500, Jefferson, NC 28640June 27, 2011370007
BuncombeTown of Montreat (10-04-3559P)March 10, 2011; March 17, 2011; The Black Mountain NewsThe Honorable Letta Jean Taylor, Mayor, Town of Montreat, P.O. Box 95, Montreat, NC 28757July 15, 2011370476
ColumbusCity of Whiteville (10-04-6817P)February 24, 2011; March 3, 2011; The News ReporterThe Honorable Terry Mann, Mayor, City of Whiteville, 317 South Madison Street, Whiteville, NC 28472February 17, 2011370071
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ColumbusUnincorporated areas of Columbus County (10-04-6817P)February 24, 2011; March 3, 2011; The News ReporterThe Honorable Giles Byrd, Chairman, Columbus County Board of, Commissioners, 111 Washington Street, Whiteville, NC 28472February 17, 2011370305
RutherfordVillage of Chimney Rock (10-04-3339P)February 18, 2011; February 25, 2011; The Daily CourierThe Honorable Barbara Meliski, Mayor, Village of Chimney Rock, P.O. Box 300, Chimney Rock, NC 28720February 11, 2011370487
WakeCity of Raleigh (10-04-3939P)February 15, 2011; February 22, 2011; The News & ObserverThe Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, NC 27602June 22, 2011370243
Tennessee:
FranklinCity of Decherd (10-04-2240P)March 4, 2011; March 11, 2011; The Herald-ChronicleThe Honorable Betty Don Henshaw, Mayor, City of Decherd, 1301 West Main Street, Decherd, TN 37324February 24, 2011470054
FranklinCity of Winchester (10-04-2240P)March 4, 2011; March 11, 2011; The Herald-ChronicleThe Honorable Terry Harrell, Mayor, City of Winchester, 7 South High Street, Winchester, TN 37398February 24, 2011470056
Utah:
WashingtonCity of Washington (10-08-1023P)March 11, 2011; March 18, 2011; The SpectrumThe Honorable Ken Neilson, Mayor, City of Washington, 111 North 100 East, Washington, UT 84780February 28, 2011490182
Wyoming:
SweetwaterCity of Rock Springs (10-08-0509P)March 22, 2011; March 29, 2011; The Rocket-MinerThe Honorable Carl Demshar, Mayor, City of Rock Springs, 212 D Street, Rock Springs, WY 82901July 27, 2011560051
SweetwaterUnincorporated areas of Sweetwater County (10-08-0509P)March 22, 2011; March 29, 2011; The Rocket-MinerThe Honorable Debby Dellai Boese, Chairman, Sweetwater County, Board of Commissioners, 80 West Flaming Gorge Way, Suite 109, Green River, WY 82935July 27, 2011560087

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

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Dated: April 28, 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. 2011-11306 Filed 5-9-11; 8:45 am]

BILLING CODE 9110-12-P