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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, Start Printed Page 43195and 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.
New Mexico:
Santa FeCity of Santa Fe (10-06-0575P)December 21, 2010; December 28, 2010; The Santa Fe New MexicanThe Honorable David Coss Mayor, City of Santa Fe, P.O. Box 909, 200 Lincoln Avenue, Santa Fe, NM 87504November 22, 2010350070
Santa FeUnincorporated areas of Santa Fe County (10-06-2504P)December 29, 2010; January 5, 2011; The Santa Fe New MexicanThe Honorable Harry B. Montoya, Chairman, Santa Fe County Board of Commissioners, 102 Grant Avenue, Santa Fe, NM 87501May 5, 2011350069
New York:
MonroeTown of Irondequoit (10-02-0839P)September 24, 2010; September 30, 2010; The Messenger-PostThe Honorable Mary J. D'Aurizio, Supervisor, Town of Irondequoit, 1280 Titus Avenue, Rochester, NY 14617March 17, 2011360422
RocklandTown of Orangetown (10-02-0398P)October 8, 2010; October 15, 2010; The Journal NewsThe Honorable Paul Whalen, Supervisor, Town of Orangetown, 26 Orangeburg Road, Orangeburg, NY 10962April 4, 2011360686
Oklahoma:
ClevelandCity of Moore (10-06-2515P)December 17, 2010; December 24, 2010; The Norman TranscriptThe Honorable Glenn Lewis, Mayor, City of Moore, 301 North Broadway Street, Moore, OK 73160April 25, 2011400044
ClevelandUnincorporated areas of Cleveland County (10-06-2515P)December 17, 2010; December 24, 2010; The Norman TranscriptMr. Rusty Sullivan, Cleveland County Commissioner, 201 South Jones Avenue, Norman, OK 73069April 25, 2011400475
OklahomaCity of Edmond (10-06-0168P)February 22, 2011; March 1, 2011; The Edmond SunThe Honorable Patrice Douglas, Mayor, City of Edmond, P.O. Box 2970, Edmond, OK 73083June 29, 2011400252
TulsaCity of Tulsa (10-06-2732P)December 7, 2010; December 14, 2010; The Tulsa WorldThe Honorable Dewey F. Bartlett, Mayor, City of Tulsa, 175 East 2nd Street, Suite 690, Tulsa, OK 74103April 13, 2011405381
Texas:
BellCity of Temple (10-06-1855P)May 4, 2011; May 11, 2011; The Temple Daily TelegramThe Honorable William A. Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501September 8, 2011480034
BexarUnincorporated areas of Bexar County (09-06-3226P)November 12, 2010; November 19, 2010; The San Antonio Express-NewsThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 1.20, San Antonio, TX 78205November 5, 2010480035
BexarUnincorporated areas of Bexar County (10-06-0377P)September 28, 2010; October 5, 2010; The San Antonio Express-NewsThe Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 1.20, San Antonio, TX 78205February 2, 2011480035
BrazosCity of College Station (10-06-2875P)May 9, 2011; May 16, 2011; The EagleThe Honorable Nancy Berry, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840September 13, 2011480083
BrazosCity of College Station (10-06-0657P)May 11, 2011; May 18, 2011; The EagleThe Honorable Nancy Berry, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840September 15, 2011480083
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BrazosUnincorporated areas of Brazos County (10-06-2875P)May 9, 2011; May 16, 2011; The EagleThe Honorable Duane Peters, Brazos County Judge, 200 South Texas Avenue, Suite 332, Bryan, TX 77803September 13, 2011481195
CherokeeCity of Jacksonville (10-06-2294P)December 17, 2010; December 24, 2010; The Jacksonville Daily ProgressThe Honorable Robert Haberle, D.C., Mayor, City of Jacksonville, P.O. Box 1390, Jacksonville, TX 75766November 29, 2010480123
CollinCity of Allen (10-06-0342P)September 30, 2010; October 7, 2010; The Allen AmericanThe Honorable Stephen Terrell, Mayor, City of Allen, 305 Century Parkway, Allen, TX 75013September 21, 2010480131
CollinCity of McKinney (10-06-3483P)May 12, 2011; May 19, 2011; The McKinney Courier-GazetteThe Honorable Brian Loughmiller, Mayor, City of McKinney, 222 North Tennessee Street, McKinney, TX 75069June 6, 2011480135
DallasCity of Richardson (10-06-3057P)March 15, 2011; March 22, 2011; The Dallas Morning NewsThe Honorable Gary Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, TX 75083April 6, 2011480184
El PasoCity of El Paso (10-06-2130P)February 1, 2011; February 8, 2011; The El Paso TimesThe Honorable John F. Cook, Mayor, City of El Paso, 2 Civic Center Plaza, El Paso, TX 79901June 8, 2011480214
El PasoCity of El Paso (10-06-3638P)May 20, 2011; May 27, 2011; The El Paso TimesThe Honorable John F. Cook, Mayor, City of El Paso, 2 Civic Center Plaza, El Paso, TX 79901May 13, 2011480214
HaysVillage of Wimberley (10-06-1474P)September 29, 2010; October 6, 2010; The Wimberley ViewThe Honorable Bob Flocke, Mayor, Village of Wimberley, P.O. Box 2027, Wimberley, TX 78676January 27, 2011481694
MontgomeryCity of Conroe (10-06-1318P)February 11, 2011; February 18, 2011; The Conroe CourierThe Honorable Webb K. Melder, Mayor, City of Conroe, P.O. Box 3066, 300 West Davis, Conroe, TX 77305June 20, 2011480484
MontgomeryCity of Montgomery (10-06-2378P)May 13, 2011; May 20, 2011; The Conroe CourierThe Honorable Travis M. Mabry, Mayor, City of Montgomery, 101 Old Plantersville Road, Montgomery, TX 77356September 19, 2011481483
MontgomeryUnincorporated areas of Montgomery County (10-06-2378P)May 13, 2011; May 20, 2011; The Conroe CourierThe Honorable Alan B. Sadler, Montgomery County Judge, 501 North Thompson, Suite 401, Conroe, TX 77301September 19, 2011480483
TarrantCity of Arlington (10-06-1764P)December 15, 2010; December 22, 2010; The Fort Worth Star-TelegramThe Honorable Robert Cluck, M.D., Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004April 21, 2011485454
TarrantCity of Mansfield (10-06-0859P)February 23, 2011; March 2, 2011; The Fort Worth Star-TelegramThe Honorable David Cook, Mayor, City of Mansfield, 1200 East Broad Street, Mansfield, TX 76063March 18, 2011480606
TarrantCity of Saginaw (10-06-0960P)January 12, 2011; January 19, 2011; The Fort Worth Star-TelegramThe Honorable Gary Brinkley, Mayor, City of Saginaw, 333 West McLeroy Boulevard, Saginaw, TX 76179May 19, 2011480610
TravisCity of Austin (10-06-1794P)January 19, 2011; January 26, 2011; The Austin American-StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767May 20, 2011480624
TravisUnincorporated areas of Travis County (10-06-1794P)January 19, 2011; January 26, 2011; The Austin American-StatesmanThe Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701May 20, 2011481026
WebbUnincorporated areas of Webb County (10-06-0114P)May 13, 2010; May 20, 2010; The Laredo Morning TimesThe Honorable Danny Valdez, Webb County Judge, 1000 Houston Street, 3rd Floor, Laredo, TX 78040September 17, 2010481059

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

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Dated: July 8, 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. 2011-18303 Filed 7-19-11; 8:45 am]

BILLING CODE 9110-12-P