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Changes in Flood Elevation Determinations

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Federal Emergency Management Agency, DHS.


Interim rule.


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.


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.


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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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)

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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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1. The authority citation for part 65 continues to read as follows:

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Start Printed Page 50914 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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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.
BaldwinCity of Gulf Shores (11-04-1670P)June 10, 2011; June 17, 2011; The IslanderThe Honorable Robert S. Craft Mayor, City of Gulf Shores P.O. Box 299 Gulf Shores, AL 36547June 6, 2011015005
BaldwinCity of Orange Beach (11-04-4328P)June 22, 2011; June 29, 2011; The IslanderThe Honorable Tony Kennon Mayor, City of Orange Beach 4099 Orange Beach Boulevard, Orange Beach, AL 36561June 14, 2011015011
MadisonCity of Huntsville (10-04-7544P)June 30, 2011; July 7, 2011; The Huntsville TimesThe Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, P.O. Box 308, Huntsville, AL 35801November 4, 2011010153
MadisonCity of Huntsville (10-04-7862P)June 22, 2011; June 29, 2011; The Huntsville TimesThe Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, P.O. Box 308, Huntsville, AL 35801October 27, 2011010153
MadisonCity of Madison (10-04-7544P)June 30, 2011; July 7, 2011; The Huntsville TimesThe Honorable Paul Finley, Mayor, City of Madison, 100 Hughes Road, Madison, AL 35758November 4, 2011010308
California: FresnoUnincorporated areas of Fresno County (10-09-3948P)June 8, 2011; June 15, 2011; The Fresno BeeThe Honorable Phil Larson, Chairman, Fresno County Board of Supervisors, 2281 Tulare Street, Room 300, Fresno, CA 93721October 13, 2011065029
BayCity of Panama City (11-04-5514P)June 16, 2011; June 23, 2011; The News HeraldThe Honorable Gregory Brudnicki, Mayor, City of Panama City, 9 Harrison Avenue, Panama City, FL 32401June 9, 2011120012
OrangeUnincorporated areas of Orange County (11-04-2514P)April 7, 2011; April 14, 2011; The Orlando WeeklyThe Honorable Teresa Jacobs, Mayor, Orange County, 201 South Rosalind Avenue, 5th Floor, Orlando, FL 32801August 12, 2011120179
SarasotaCity of Sarasota (11-04-4005P)June 16, 2011; June 23, 2011; The Sarasota Herald-TribuneThe Honorable Suzanne Atwell, Mayor, City of Sarasota, 1565 1st Street, Room 101, Sarasota, FL 34236June 9, 2011125150
Georgia: MuscogeeCity of Columbus-Muscogee County (Consolidated Government) (11-04-4624P)June 8, 2011; June 15, 2011; The Columbus Ledger-EnquirerThe Honorable Teresa Tomlinson, Mayor, City of Columbus-Muscogee County Consolidated Government, 100 10th Street, Columbus, GA 31901May 31, 2011135158
WillUnincorporated areas of Will County (11-05-1594X)June 23, 2011; June 30, 2011; The Mokena MessengerMr. Lawrence M. Walsh, Will County Executive, 302 North Chicago Street, Joliet, IL 60432October 28, 2011170695
WillVillage of Mokena (11-05-1594X)June 23, 2011; June 30, 2011; The Mokena MessengerThe Honorable Joseph W. Werner, Mayor, Village of Mokena, 11004 Carpenter Street, Mokena, IL 60448October 28, 2011170705
JohnsonCity of Lenexa (11-07-1137P)June 1, 2011; June 8, 2011; The Shawnee DispatchThe Honorable Michael Boehm, Mayor, City of Lenexa, P.O. Box 14888, Lenexa, KS 66285October 6, 2011200168
JohnsonCity of Shawnee (11-07-1137P)June 1, 2011; June 8, 2011; The Shawnee DispatchThe Honorable Jeff Meyers, Mayor, City of Shawnee, 11110 Johnson Drive, Shawnee, KS 66203October 6, 2011200177
Kentucky: FayetteLexington-Fayette Urban County Government (11-04-0368P)June 22, 2011; June 29, 2011; The Lexington Herald-LeaderThe Honorable Jim Gray, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, KY 40507October 27, 2011210067
MacombCity of St. Clair Shores (11-05-5445P)July 6, 2011; July 13, 2011; The St. Clair Shores SentinelThe Honorable Robert A. Hison, Mayor, City of St. Clair Shores, 27600 Jefferson Circle Drive, St. Clair Shores, MI 48081June 22, 2011260127
ShiawasseeCharter Township of Owosso (11-05-0616P)June 3, 2011; June 10, 2011; The Argus PressMr. Danny C. Miller, Supervisor, Owosso Charter Township, 2998 West M-2, P.O. Box 400, Owosso, MI 48867October 11, 2011260809
ShiawasseeCity of Owosso (11-05-0616P)June 3, 2011; June 10, 2011; The Argus PressThe Honorable Benjamin Frederick, Mayor, City of Owosso, 301 West Main Street, Owosso, MI 48867October 11, 2011260596
Nevada: ClarkCity of Las Vegas (11-09-1593P)June 23, 2011; June 30, 2011; The Las Vegas Review-JournalThe Honorable Oscar B. Goodman, Mayor, City of Las Vegas, 400 Stewart Avenue, Las Vegas, NV 89101June 16, 2011325276
North Carolina:
UnionUnincorporated areas of Union County (11-04-1541P)June 2, 2011; June 9, 2011; The Charlotte Observer and The Enquirer-JournalMs. Cynthia Coto, Union County Manager, Union County Government Center, 500 North Main Street, Room 918, Monroe, NC 28112October 7, 2011370234
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UnionVillage of Marvin (11-04-1541P)June 2, 2011; June 9, 2011; The Charlotte Observer and The Enquirer-JournalThe Honorable Nick Dispenziere, Mayor, Village of Marvin, 10004 New Town Road, Marvin, NC 28173October 7, 2011370514
WakeTown of Holly Springs (09-04-6226P)May 27, 2011; June 3, 2011; The News & ObserverThe Honorable Richard G. “Dick” Sears, Mayor, Town of Holly Springs, 128 South Main Street, Holly Springs, NC 27540October 3, 2011370403
WakeUnincorporated areas of Wake County (09-04-6226P)May 27, 2011; June 3, 2011; The News & ObserverMr. David Cooke, Wake County Manager, 337 South Salisbury Street, Suite 1100, Raleigh, NC 27602October 3, 2011370368
ClintonUnincorporated areas of Clinton County (10-05-7060P)June 2, 2011; June 9, 2011; The Wilmington News JournalMr. Randy Riley, Clinton County Commissioners Board Member, 46 South South Street, 2nd Floor, Courthouse, Wilmington, OH 45177October 7, 2011390764
ClintonVillage of Sabina (10-05-7060P)June 2, 2011; June 9, 2011; The Wilmington News JournalThe Honorable Dean Carnahan, Mayor, Village of Sabina, 99 North Howard Street, Sabina, OH 45169October 7, 2011390627
LakeUnincorporated areas of Lake County (10-05-5769P)June 14, 2011; June 21, 2011; The News-HeraldMr. Raymond E. Sines, President, Lake County Board of Commissioners, 105 Main Street, Painesville, OH 44077July 1, 2011390771
Oregon: LinnCity of Millersburg (11-10-0824P)June 6, 2011; June 13, 2011; The Democrat HeraldThe Honorable Clayton Wood, Mayor, City of Millersburg, 4222 Northeast Old Salem Road, Albany, OR 97321October 12, 2011410284
South Carolina:
LexingtonCity of Columbia (11-04-3465P)May 5, 2011; May 12, 2011; The Lexington County ChronicleThe Honorable Steve Benjamin, Mayor, City of Columbia, P.O. Box 147, 1737 Main Street, Columbia, SC 29201June 13, 2011450172
LexingtonUnincorporated areas of Lexington County (11-04-3465P)May 5, 2011;May 12, 2011; The Lexington County ChronicleThe Honorable James E. Kinard, Jr., Chairman, Lexington County Council, 212 South Lake Drive, Lexington, SC 29072June 13, 2011450129
RichlandUnincorporated areas of Richland County (11-04-1879P)May 6, 2011; May 13, 2011; The Columbia StarThe Honorable Paul Livingston, Chairman, Richland County Council, P.O. Box 192, 2020 Hampton, Street, 2nd Floor, Columbia, SC 29202September 12, 2011450170
DallasCity of Dallas (11-06-3043P)June 9, 2011; June 16, 2011; The Dallas Morning NewsThe Honorable Dwaine R. Caraway, Mayor, City of Dallas, 1500 Marilla Street, Room 5EN, Dallas, TX 75201October 14, 2011480171
DallasCity of Coppell (11-06-0227P)June 10, 2011; June 17, 2011; The Citizens' AdvocateThe Honorable Doug Stover, Mayor, City of Coppell, 255 Parkway Boulevard, Coppell, TX 75019October 17, 2011480170
WashingtonCity of St. George (11-08-0214P)May 31, 2011; June 7, 2011; The SpectrumThe Honorable Daniel D. McArthur, Mayor, City of St. George, 175 East 200 North, St., George, UT 84770May 24, 2011490177
WashingtonUnincorporated areas of Washington County (11-08-0214P)May 31, 2011; June 7, 2011; The SpectrumThe Honorable Dennis B. Drake, Chairman, Washington County, Board of Commissioners, 197 East Tabernacle Street, St. George, UT 84770May 24, 2011490224
BrownUnincorporated areas of Brown County (11-05-4502P)June 28, 2011; July 5, 2011; The Green Bay Press GazetteThe Honorable Guy Zima, Chairman, Brown County Board, 305 East Walnut Street, Green Bay, WI 54301November 2, 2011550020
PortageCity of Stevens Point (10-05-7569P)July 15, 2011; July 22, 2011; The Portage County GazetteThe Honorable Andrew Halverson, Mayor, City of Stevens Point, 1515 Strongs Avenue Steven, Point, WI 54481October 31, 2011550342

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

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Dated: August 5, 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. 2011-20865 Filed 8-16-11; 8:45 am]