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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 Start Printed Page 43602newspaper 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.
Arkansas: WashingtonCity of Fayetteville (10-06-1619P)December 1, 2010; December 7, 2010; The Northwest Arkansas TimesThe Honorable Lioneld Jordan, Mayor, City of Fayetteville, 113 West Mountain Street, Fayetteville, AR 72701April 6, 2011050216
New Mexico:
BernalilloUnincorporated areas of Bernalillo County (10-06-1669P)May 5, 2011; May 12, 2011; The Albuquerque JournalThe Honorable Maggie Hart Stebbins, Chair, Bernalillo County Board of Commissioners, 1 Civic Plaza Northwest, Albuquerque, NM 87102March 23, 2011350001
RooseveltCity of Portales (11-06-1696P)May 6, 2011; May 13, 2011; The Portales News-TribuneThe Honorable Sharon King, Mayor, City of Portales, 100 West 1st Street, Portales, NM 88130April 29, 2011350054
RooseveltUnincorporated areas of Roosevelt County (11-06-1696P)May 6, 2011; May 13, 2011; The Portales News-TribuneMs. Charlene Hardin, Roosevelt County Manager, 109 West 1st Street, 4th Floor, Portales, NM 88130April 29, 2011350053
SandovalCity of Rio Rancho (10-06-2588P)January 26, 2011; February 2, 2011; The Rio Rancho ObserverThe Honorable Thomas E. Swisstack, Mayor, City of Rio Racho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144June 2, 2011350146
Oklahoma: OklahomaCity of Oklahoma City (11-06-0387P)May 3, 2011; May 10, 2011; The Journal RecordThe Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102September 7, 2011405378
Texas:
BrazosCity of College Station (10-06-1996P)November 24, 2010; December 1, 2010; The EagleThe Honorable Nancy Berry, Mayor, City of College Station, 1101 Texas Avenue, College Station, TX 77840March 30, 2011480083
ComalCity of New Braunfels (10-06-0915P)December 29, 2010; January 5, 2011; The New Braunfels Herald-ZeitungThe Honorable R. Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell Avenue, New Braunfels, TX 78130December 21, 2010485493
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Fort BendUnincorporated areas of Fort Bend County (11-06-1803P)April 13, 2011; April 20, 2011; The Fort Bend IndependentThe Honorable Robert Hebert, Fort Bend County Judge, 301 Jackson Street, Richmond, TX 77469March 30, 2011480228
TarrantCity of Fort Worth (11-06-1741P)April 5, 2011; April 12, 2011; The Commercial RecorderThe Honorable Mike J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102March 29, 2011480596
WichitaCity of Wichita Falls (10-06-2494P)January 25, 2011; February 1, 2011; The Times Record NewsThe Honorable Glenn Barham, Mayor, City of Wichita Falls, P.O. Box 1431, Wichita Falls, TX 76307June 1, 2011480662

(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. 2011-18348 Filed 7-20-11; 8:45 am]

BILLING CODE 9110-12-P