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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.Start Printed Page 58410

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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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.
Arkansas: BentonCity of Bentonville (11-06-3300P)July 1, 2011; July 8, 2011; The Benton County Daily RecordThe Honorable Bob McCaslin, Mayor, City of Bentonville, 117 West Central Avenue, Bentonville, AR 72712November 7, 2011050012
New Mexico: Dona AnaCity of Las Cruces (11-06-1405P)June 23, 2011; June 30, 2011; The Las Cruces Sun-NewsThe Honorable Kenneth Daniel Gallegos Miyagishima, Mayor, City of Las Cruces, 700 North Main Street, Las Cruces, NM 88001June 16, 2011355332
New York:
BronxCity of New York (10-02-2163P)December 24, 2010; December 31, 2010; The ChiefThe Honorable Michael R. Bloomberg, Mayor, City of New York, City Hall, 260 Broadway, New York, NY 10007June 16, 2011360497
MonroeTown of Pittsford (11-02-0382P)December 2, 2010; December 9, 2010; The Brighton-Pittsford PostThe Honorable William A. Carpenter, Supervisor, Town of Pittsford, 11 South Main Street, Pittsford, NY 14534May 24, 2011360429
NiagaraTown of Wheatfield (10-02-1141P)October 29, 2010; November 5, 2010; The Niagara GazetteThe Honorable Robert B. Cliffe, Supervisor, Town of Wheatfield, 2800 Church Road, Wheatfield, NY 14120September 20, 2010360513
ChesterTownship of Caln (10-03-1911P)December 7, 2010; December 14, 2010; The Daily Local NewsMr. Gregory E. Prowant, AICP, Caln Township Manager, 253 Municipal Drive, Thorndale, PA 19372April 13, 2011422247
ChesterTownship of West Goshen (10-03-1283P)March 4, 2011; March 11, 2011; The Daily Local NewsThe Honorable Edward G. Meakim, Jr., Chairman, Township of West Goshen Board of Supervisors, 1025 Paoli Pike, West Chester, PA 19380February 25, 2011420293
DauphinTownship of West Hanover (10-03-2139P)April 7, 2011; April 14, 2011; The Patriot-NewsThe Honorable Adam Klein, Chairman, Township of West Hanover Board of Supervisors, 7171 Allentown Boulevard, Harrisburg, PA 17112August 12, 2011421600
CollinCity of Plano (10-06-0997P)June 23, 2011; June 30, 2011; The Plano Star CourierThe Honorable Phil Dyer, Mayor, City of Plano, 1520 Avenue K, Plano, TX 75074August 31, 2010480140
ComalCity of New Braunfels (11-06-0637P)May 31, 2011; June 7, 2011; The New Braunfels Herald-ZeitungThe Honorable Bruce Boyer, Mayor, City of New Braunfels, 424 South Castell Avenue, New Braunfels, TX 78130October 5, 2011485493
Dallas and TarrantCity of Grand Prairie (10-06-1790P)May 27, 2011; June 3, 2011; The Dallas Morning NewsThe Honorable Charles England, Mayor, City of Grand Prairie, P.O. Box 534045, 206 West Church Street, Grand Prairie, TX 75053October 3, 2011485472
DallasCity of Irving (10-06-0922P)June 1, 2011; June 8, 2011; The Dallas Morning NewsThe Honorable Herbert A. Gears, Mayor, City of Irving, 825 West Irving Boulevard, Irving, TX 75060October 6, 2011480180
JeffersonCity of Beaumont (10-06-1909P)June 30, 2011; July 7, 2011; The Beaumont EnterpriseThe Honorable Becky Ames, Mayor, City of Beaumont, P.O. Box 3827, Beaumont, TX 77704, 801 Main Street, Beaumont, TX 77701November 4, 2011485457
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NuecesCity of Corpus Christi (11-06-0948P)June 14, 2011; June 21, 2011; The Corpus Christi Caller-TimesThe Honorable Joe Adame, Mayor, City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401June 7, 2011485464
WiseCity of Bridgeport (11-06-3042P)June 9, 2011; June 16, 2011; The Bridgeport IndexThe Honorable Keith McComis, Mayor, City of Bridgeport, 900 Thompson Street, Bridgeport, TX 76426October 14, 2011480677
WiseUnincorporated areas of Wise County (11-06-3042P)June 9, 2011; June 16, 2011; The Wise County MessengerThe Honorable Bill McElhaney, Wise County Judge, P.O. Box 393, 101 North Trinity Street, Suite 101, Decatur, TX 76234October 14, 2011481051
FairfaxUnincorporated areas of Fairfax County (11-03-0675P)May 6, 2011; May 13, 2011; The Washington TimesThe Honorable Sharon Bulova, Chairman, Fairfax County Board of Supervisors, 12000 Government Center Parkway, Suite 530, Fairfax, VA 22035May 31, 2011515525
RichmondCity of Richmond (10-03-0790P)February 11, 2011; February 18, 2011; The Richmond Times-DispatchThe Honorable Dwight C. Jones, Mayor, City of Richmond, 900 East Broad Street, Suite 201, Richmond, VA 23219June 20, 2011510129

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

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Dated: September 9, 2011.

Sandra K. Knight,

Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2011-24275 Filed 9-20-11; 8:45 am]