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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 Start Printed Page 44277Federal, 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.
Delaware:
New CastleTown of Odessa (11-03-0744P)March 31, 2011; April 7, 2011; The Middletown TranscriptThe Honorable Kathy Harvey, Mayor, Town of Odessa, P.O. Box 111, Odessa, DE 19730August 5, 2011100066
New CastleUnincorporated areas of New Castle County (10-03-1927P)January 7, 2011; January 14, 2011; The News JournalThe Honorable Paul G. Clark, New Castle County Executive, 87 Reads Way, New Castle, DE 19720May 16, 2011105085
New Mexico: Santa FeCity of Santa Fe (10-06-2026P)March 3, 2011; March 10, 2011; The Santa Fe New MexicanThe Honorable David Coss, Mayor, City of Santa Fe, 200 Lincoln Avenue, Santa Fe, NM 87504February 24, 2011350070
Oklahoma:
ClevelandCity of Norman (10-06-1004P)October 6, 2010; October 13, 2010; The Norman TranscriptThe Honorable Cindy S. Rosenthal, Mayor, City of Norman, 201 West Gray Street, Norman, OK 73069September 29, 2010400046
KayCity of Ponca City (10-06-2643P)March 14, 2011; March 21, 2011; The Ponca City NewsThe Honorable Homer Nicholson, Mayor, City of Ponca City, 516 East Grand Avenue, Ponca City, OK 74601July 19, 2011400080
OklahomaCity of Oklahoma City (10-06-1884P)March 30, 2011; April 6, 2011; The Journal RecordThe Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, 3rd Floor, Oklahoma City, OK 73102July 28, 2011405378
Osage and TulsaTown of Skiatook (10-06-0568P)February 23, 2011; March 2, 2011; The Skiatook JournalThe Honorable Steve Kendrick, Mayor, Town of Skiatook, P.O. Box 399, Skiatook, OK 74070June 30, 2011400212
TulsaUnincorporated areas of Tulsa County (10-06-1294P)March 23, 2011; March 30, 2011; The Tulsa WorldThe Honorable Fred Perry, Chairman, Tulsa County Board of Commissioners, 500 South Denver Avenue West, Tulsa, OK 74103April 18, 2011400462
Pennsylvania:
CumberlandTownship of Upper Allen (10-03-1016P)November 15, 2010; November 22, 2010; The Patriot-NewsThe Honorable James G. Cochran, President, Township of Upper Allen Board of Commissioners, 100 Gettysburg Pike, Mechanicsburg, PA 17055March 22, 2011420372
McKeanBorough of Port Allegany (10-03-1879P)March 24, 2011; March 31, 2011; The Reporter ArgusThe Honorable Donald G. Carley, Mayor, Borough of Port Allegany, 45 West Maple Street, Port Allegany, PA 16743April 18, 2011420671
McKeanTownship of Liberty (10-03-1879P)March 24, 2011; March 31, 2011; The Reporter ArgusThe Honorable Gary L. Turner, Chairman, Township of Liberty Board of Supervisors, 21514 Route 6, Port Allegany, PA 16743April 18, 2011420668
Texas:
BexarCity of San Antonio (09-06-3178P)April 6, 2011; April 13, 2011; The Hart BeatThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283March 30, 2011480045
BexarCity of San Antonio (10-06-1080P)February 11, 2011; February 18, 2011; The San Antonio Express-NewsThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283February 4, 2011480045
BexarCity of San Antonio (10-06-3684P)April 6, 2011; April 13, 2011; The San Antonio Express-NewsThe Honorable Julian Castro, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, TX 78283August 11, 2011480045
BexarCity of Selma (09-06-3178P)April 6, 2011; April 13, 2011; The Hart BeatThe Honorable Tom Daly, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154March 30, 2011480046
CollinCity of Frisco (11-06-1691P)April 1, 2011; April 8, 2011; The Frisco EnterpriseThe Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034March 25, 2011480134
CollinCity of Royse City (10-06-1217P)September 22, 2010; September 29, 2010; The Royse City Herald BannerThe Honorable Jerrell Baley, Mayor, City of Royse City, P.O. Box 638, Royse City, TX 75189January 27, 2011480548
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CollinUnincorporated areas of Collin County (10-06-1217P)September 22, 2010; September 29, 2010; The Dallas Morning NewsThe Honorable Keith Self, Collin County Judge, 2300 Bloomdale Road, Suite 4192, McKinney, TX 75071January 27, 2011480130
DallasCity of Dallas (10-06-2771P)March 28, 2011; April 4, 2011; The Dallas Morning NewsThe Honorable Dwaine Caraway, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201April 20, 2011480171
DallasCity of Garland (10-06-1854P)March 31, 2011; April 7, 2011; The Dallas Morning NewsThe Honorable Ronald E. Jones, Mayor, City of Garland, P.O. Box 469002, Garland, TX 75046August 5, 2011485471
DallasCity of Richardson (10-06-3245P)April 5, 2011; April 12, 2011; The Dallas Morning NewsThe Honorable Gary Slagel, Mayor, City of Richardson, P.O. Box 830309, Richardson, TX 75083August 10, 2011480184
DallasCity of Rowlett (10-06-1854P)March 31, 2011; April 7, 2011; The Dallas Morning NewsThe Honorable John E. Harper, Mayor, City of Rowlett, 4000 Main Street, Rowlett, TX 75088August 5, 2011480185
DentonCity of Denton (11-06-0102P)March 22, 2011; March 29, 2011; The Denton Record-ChronicleThe Honorable Mark Burroughs, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201July 27, 2011480194
DentonUnincorporated areas of Denton County (10-06-3227P)March 9, 2011; March 16, 2011; The Denton Record-ChronicleThe Honorable Mary Horn, Denton County Judge, 110 West Hickory Street, 2nd Floor, Denton, TX 76201July 14, 2011480774
Fort Bend and WallerCity of Katy (10-06-2439P)March 3, 2011; March 10, 2011; The Katy Times and The Waller County News CitizenThe Honorable Don Elder, Jr., Mayor, City of Katy, 901 Avenue C, Katy, TX 77493July 8, 2011480301
GuadalupeCity of Cibolo (10-06-3676P)April 7, 2011; April 14, 2011; The Seguin GazetteThe Honorable Jennifer Hartman, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108August 12, 2011480267
KaufmanCity of Forney (10-06-1509P)January 20, 2011; January 27, 2011; The Forney MessengerThe Honorable Darren Rozell, Mayor, City of Forney, P.O. Box 826, Forney, TX 75126July 4, 2011480410
TarrantCity of Fort Worth (10-06-1954P)October 5, 2010; October 12, 2010; The Fort Worth Star-TelegramThe Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102February 9, 2011480596
TarrantCity of North Richland Hills (10-06-1292P)November 5, 2010; November 12, 2010; The Fort Worth Star-TelegramThe Honorable Oscar Trevino, Mayor, City of North Richland Hills, P.O. Box 820609, Richland Hills, TX 76182February 28, 2011480607
TarrantCity of North Richland Hills (10-06-1455P)September 3, 2010; September 10, 2010; The Fort Worth Star-TelegramThe Honorable Oscar Trevino, Mayor, City of North Richland Hills, P.O. Box 820609, Richland Hills, TX 76182August 26, 2010480607
TravisCity of Austin (10-06-1285P)December 30, 2010; January 6, 2011; The Austin American-StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767December 23, 2010480624
TravisCity of Austin (10-06-2352P)April 6, 2011; April 13, 2011; The Austin American-StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, P.O. Box 1088, Austin, TX 78767August 11, 2011480624
WallerUnincorporated areas of Waller County (10-06-2439P)March 3, 2011; March 10, 2011; The Katy Times and The Waller County News CitizenThe Honorable Glenn Beckendorff, Waller County Judge, 836 Austin Street, Suite 203, Hempstead, TX 77445July 8, 2011480640
WilliamsonCity of Cedar Park (10-06-2438P)November 11, 2010; November 18, 2010; The Hill Country NewsThe Honorable Bob Lemon, Mayor, City of Cedar Park, 600 North Bell Boulevard, Cedar Park, TX 78613March 18, 2011481282
WilliamsonCity of Leander (09-06-3213P)January 27, 2011; February 3, 2011; The Leander LedgerThe Honorable John Cowman, Mayor, City of Leander, P.O. Box 319, Leander, TX 78646June 3, 2011481536
Virginia: FrederickUnincorporated areas of Frederick County (11-03-0191P)December 28, 2010; January 4, 2011; The Winchester StarThe Honorable Richard C. Shickle, Chairman, Frederick County Board of Supervisors, 292 Green Spring Road, Winchester, VA 22603May 4, 2011510063
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(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. 2011-18619 Filed 7-22-11; 8:45 am]

BILLING CODE 9110-12-P