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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.
Alabama:
BaldwinCity of Orange Beach, (11-04-0533P)May 6, 2011; May 13, 2011; The IslanderThe Honorable Tony Kennon, Mayor, City of Orange Beach, P.O. Box 458, Orange Beach, AL 36561April 29, 2011015011
ShelbyCity of Montevallo, (10-04-6506P)May 25, 2011; June 1, 2011; The Shelby County ReporterThe Honorable Ben McCrory, Mayor, City of Montevallo, 545 South Main Street, Montevallo, AL 35115September 29, 2011010349
Arizona:
MaricopaCity of El Mirage, (11-09-0216P)May 12, 2011; May 19, 2011; The Arizona Business GazetteThe Honorable Lana Mook, Mayor, City of El Mirage, 12145 Northwest Grande Avenue, El Mirage, AZ 85335September 16, 2011040041
MaricopaCity of Peoria, (11-09-0647P)June 2, 2011; June 9, 2011; The Arizona Business GazetteThe Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345October 7, 2011040050
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MaricopaUnincorporated areas of Maricopa County, (11-09-0216P)May 12, 2011; May 19, 2011; The Arizona Business GazetteThe Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003September 16, 2011040037
MaricopaUnincorporated areas of Maricopa County, (11-09-0647P)June 2, 2011; June 9, 2011; The Arizona Business GazetteThe Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003October 7, 2011040037
NavajoTown of Snowflake, (10-09-1783P)May 27, 2011; June 3, 2011; The White Mountain IndependentThe Honorable Kelly Willis, Mayor, Town of Snowflake, 81 West 1st Street South, Snowflake, AZ 85937October 3, 2011040070
PimaUnincorporated areas of Pima County, (11-09-0685P)May 31, 2011; June 7, 2011; The Daily TerritorialThe Honorable Ramón Valadez, Chairman, Pima County Board of Supervisors, 130 West Congress Street, 11th Floor, Tucson, AZ 85701October 5, 2011040073
California:
San DiegoCity of San Diego, (11-09-0120P)May 6, 2011; May 13, 2011; The San Diego Daily TranscriptThe Honorable Jerry Sanders, Mayor, City of San Diego, 202 C Street, 11th Floor, San Diego, CA 92101September 12, 2011060295
ShastaUnincorporated areas of Shasta County, (10-09-3227P)June 1, 2011; June 8, 2011; The Red Bluff Daily NewsThe Honorable Les Baugh, Chairman, Shasta County Board of Supervisors, 1450 Court Street, Suite 308B, Redding, CA 96001October 6, 2011060358
TehamaUnincorporated areas of Tehama County, (10-09-3227P)June 1, 2011; June 8, 2011; The Anderson Valley PostThe Honorable Greg Avilla, Chairman, Tehama County Board of Supervisors, P.O. Box 250, Red Bluff, CA 96080October 6, 2011065064
VenturaCity of Simi Valley, (11-09-2030P)May 6, 2011; May 13, 2011; The Ventura County StarThe Honorable Bob Huber, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063September 12, 2011060421
Colorado:
BoulderCity of Boulder, (10-08-0754P)May 3, 2011; May 10, 2011; The CameraThe Honorable Susan Osborne, Mayor, City of Boulder, City Council Office, 1777 Broadway Street, Boulder, CO 80302September 7, 2011080024
BoulderUnincorporated areas of Boulder County, (10-08-0754P)May 3, 2011; May 10, 2011; The CameraThe Honorable Ben Pearlman, Chairman, Boulder County Board of Commissioners, 1325 Pearl Street, 3rd Floor, Boulder, CO 80302September 7, 2011080023
Rio BlancoTown of Meeker, (11-08-0007P)April 28, 2011; May 5, 2011; The Rio Blanco Herald TimesThe Honorable Mandi Etheridge, Mayor, Town of Meeker, 345 Market Street, Meeker, CO 81641September 2, 2011080151
Rio BlancoUnincorporated areas of Rio Blanco County, (11-08-0007P)April 28, 2011; May 5, 2011; The Rio Blanco Herald TimesThe Honorable Kai Turner, Chairman, Rio Blanco County Board of Commissioners, P.O. Box I, Meeker, CO 81641September 2, 2011080288
Rio BlancoUnincorporated areas of Rio Blanco County, (11-08-0049P)May 5, 2011; May 12, 2011; The Rio Blanco Herald TimesThe Honorable Kai Turner, Chairman, Rio Blanco County Board of Commissioners, P.O. Box I, Meeker, CO 81641September 9, 2011080288
Florida:
CharlotteUnincorporated areas of Charlotte County, (11-04-4544P)May 31, 2011; June 7, 2011; The Charlotte SunThe Honorable Bob Starr, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Port Charlotte, FL 33948May 25, 2011120061
Miami-DadeCity of Sweetwater, (11-04-3782P)June 1, 2011; June 8, 2011; The Miami Daily Business ReviewThe Honorable Manuel M. Maroño, Mayor, City of Sweetwater, 500 Southwest 109th Avenue, Sweetwater, FL 33174May 25, 2011120660
MonroeUnincorporated areas of Monroe County, (11-04-3523P)May 31, 2011; June 7, 2011; The Key West CitizenThe Honorable Heather Carruthers, Mayor, Monroe County, 530 Whitehead Street, Key West, FL 33040May 25, 2011125129
PascoUnincorporated areas of Pasco County, (10-04-8088P)May 6, 2011; May 13, 2011; The Tampa TribuneThe Honorable Ann Hildebrand, Chair, Pasco County Board of Commissioners, 7530 Little Road, New Port Richey, FL 34654April 29, 2011120230
St. LucieUnincorporated areas of St. Lucie County, (11-04-1456P)May 6, 2011; May 13, 2011; The St. Lucie News-TribuneThe Honorable Chris Craft, Chairman, St. Lucie County Board of Commissioners, 2300 Virginia Avenue, Ft. Pierce, FL 34982April 27, 2011120285
New York: OneidaCity of Sherrill, (10-02-0242P)June 11, 2010; June 17, 2010; The Oneida Daily DispatchMr. Robert A. Comis, Sherill City Manager, 377 Sherrill Road, Sherrill, NY 13461December 3, 2010360544
North Carolina:
AlamanceCity of Burlington, (10-04-4375P)May 6, 2011; May 13, 2011; The Times-NewsThe Honorable Ronnie K. Wall, Mayor, City of Burlington, P.O. Box 1358, Burlington, NC 27216September 12, 2011370002
AlamanceTown of Elon, (10-04-4375P)May 6, 2011; May 13, 2011; The Times-NewsThe Honorable Jerry R. Tolley, Mayor, Town of Elon, 104 South Williamson Avenue, Elon, NC 27244September 12, 2011370411
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BuncombeUnincorporated areas of Buncombe County, (10-04-2274P)May 13, 2011; May 20, 2011; The Asheville Citizen-TimesMs. Wanda Greene, Buncombe County Manager, 205 College Street, Suite 300, Asheville, NC 28801September 19, 2011370031
DavidsonUnincorporated areas of Davidson County, (10-04-3473P)May 6, 2011; May 13, 2011; The High Point EnterpriseMr. Robert Hyatt, Davidson County Manager, 913 Greensboro Street, Lexington, NC 27292September 12, 2011370307
GuilfordCity of High Point, (10-04-3473P)May 6, 2011; May 13, 2011; The High Point EnterpriseThe Honorable Rebecca R. Smothers, Mayor, City of High Point, P.O. Box 230, 211 South Hamilton Street, High Point, NC 27261September 12, 2011370113
MadisonUnincorporated areas of Madison County, (10-04-8485P)March 30, 2011; April 6, 2011; The News-Record & SentinelMr. Steve Garrison, Madison County Manager, P.O. Box 579, Marshall, NC 28753August 4, 2011370152
Texas: DentonCity of Lewisville, (10-06-3039P)May 26, 2011; June 2, 2011; The Denton Record-ChronicleThe Honorable Dean Ueckert, Mayor, City of Lewisville, 151 West Church Street, Lewisville, TX 75029June 20, 2011480195
Utah: Salt LakeCity of West Jordan, (11-08-0575P)April 29, 2011; May 6, 2011; The Salt Lake TribuneThe Honorable Melissa K. Johnson, Mayor, City of West Jordan, 8000 South Redwood Road, West Jordan, UT 84088April 25, 2011490108

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

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Dated: July 29, 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. 2011-20716 Filed 8-12-11; 8:45 am]

BILLING CODE 9110-12-P