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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 Start Printed Page 60749where 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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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.
PimaCity of Tucson (10-09-2016P)July 22, 2011; July 29, 2011; The Arizona Daily StarThe Honorable Robert E. Walkup, Mayor, City of Tucson, 255 West Alameda Street, Tucson, AZ 85701November 28, 2011040076
PinalUnincorporated areas of Pinal County (11-09-0945P)July 15, 2011; July 22, 2011; The Case Grande DispatchThe Honorable Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box 827, 31 North Pinal Street, Building A, Florence, AZ 85132November 21, 2011040077
Arkansas: BentonCity of Bentonville (11-06-0823P)July 7, 2011; July 14, 2011; The Benton County Daily RecordThe Honorable Bob McCaslin, Mayor, City of Bentonville, 117 West Central Avenue, Bentonville, AR 72712November 11, 2011050012
SacramentoCity of Sacramento (11-09-2263P)July 16, 2011; July 23, 2011; The Sacramento BeeThe Honorable Kevin Johnson, Mayor, City of Sacramento, 915 I Street, 5th Floor, Mail Code 09100, Sacramento, CA 95814November 21, 2011060266
SacramentoUnincorporated areas of Sacramento County (11-09-2263P)July 16, 2011; July 23, 2011; The Sacramento BeeThe Honorable Roberta MacGlashan, Chair, Sacramento County Board of Supervisors, 700 H Street, Suite 2450, Sacramento, CA 95814November 21, 2011060262
VenturaCity of Camarillo (11-09-0883P)July 27, 2011; August 3, 2011; The Ventura County StarThe Honorable Mike Morgan, Mayor, City of Camarillo, 601 Carmen Drive, Camarillo, CA 93010July 19, 2011065020
VenturaUnincorporated areas of Ventura County (11-09-0883P)July 27, 2011; August 3, 2011; The Ventura County StarThe Honorable Linda Parks, Chair, Ventura County Board of Supervisors, 800 South Victoria Avenue, Ventura, CA 93009July 19, 2011060413
DouglasUnincorporated areas of Douglas County (11-08-0044P)July 7, 2011; July 14, 2011; The Douglas County News-PressThe Honorable Jill Repella, Chair, Douglas County Board of Commissioners, 100 3rd Street, Castle Rock, CO 80104June 30, 2011080049
TellerCity of Woodland Park (10-08-0932P)July 13, 2011; July 20, 2011; The Pikes Peak Courier ViewThe Honorable Steve Randolph, Mayor, City of Woodland Park, P.O. Box 9007, 220 West South Avenue, Woodland Park, CO 80863November 17, 2011080175
TellerUnincorporated areas of Teller County (10-08-0932P)July 13, 2011; July 20, 2011; The Pikes Peak Courier ViewThe Honorable Jim Ignatius, Chairman, Teller County Board of Commissioners, P.O. Box 959, 112 North “A” Street, Cripple Creek, CO 80813November 17, 2011080173
EscambiaUnincorporated areas of Escambia County (11-04-2176P)June 16, 2011; June 23, 2011; The Pensacola News JournalThe Honorable Kevin White, Chairman, Escambia County Board of Commissioners, P.O. Box 1951, 221 Palafox Place, Suite 400, Pensacola, FL 32502June 9, 2011120080
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MarionCity of Ocala (11-04-2943P)July 21, 2011; July 28, 2011; The Star-BannerThe Honorable Randy Ewers, Mayor, City of Ocala, 151 Southeast Osceola Avenue, Ocala, FL 34471November 25, 2011120330
VolusiaUnincorporated areas of Volusia County (11-04-5578X)August 1, 2011; August 8, 2011; The BeaconMr. James Dinneen, Volusia County Manager, 123 West Indiana Avenue, DeLand, FL 32720December 6, 2011125155
Hawaii: HonoluluCity of Honolulu and Unincorporated areas of Honolulu County (10-09-3709P)July 15, 2011; July 22, 2011; The Honolulu Star-AdvertiserThe Honorable Peter B. Carlisle, Mayor, City and County of Honolulu, 530 South King Street, Room 300, Honolulu, HI 96813November 21, 2011150001
Idaho: TetonUnincorporated areas of Teton County (11-10-0678P)August 11, 2011; August 18, 2011; The Teton Valley NewsThe Honorable Kathryn Rinaldi, Chair, Teton County Board of Commissioners, Teton County Courthouse, 150 Courthouse Drive Driggs, ID 83422September 1, 2011160230
Iowa: LinnCity of Marion (11-07-1284P)August 11, 2011; August 18, 2011; The Marion TimesThe Honorable Paul Rehn, Mayor, City of Marion, 2710 25th Avenue, Marion, IA 52302December 16, 2011190191
Montana: MissoulaUnincorporated areas of Missoula County (11-08-0184P)July 28, 2011; August 4, 2011; The Missoula IndependentThe Honorable Jean Curtiss, Chairman, Missoula County Board of Commissioners, 200 West Broadway, Missoula, MT 59802December 2, 2011300048
New York: SuffolkTown of Brookhaven (11-02-0892X)January 25, 2011; February 1, 2011; NewsdayThe Honorable Mark Lesko, Supervisor, Town of Brookhaven, 1 Independence Hill, Farmingville, NY 11738July 18, 2011365334
North Carolina: MecklenburgCity of Charlotte (11-04-1802P)July 6, 2011; July 13, 2011; The Charlotte ObserverThe Honorable Anthony R. Foxx, Mayor, City of Charlotte, 600 East 4th Street, Charlotte, NC 28202November 10, 2011370159
LakeUnincorporated areas of Lake County (11-05-2150P)August 11, 2011; August 18, 2011; The News-HeraldMr. Raymond E. Sines, President, Lake County Board, 105 Main Street, Painesville, OH 44077December 16, 2011390771
WarrenCity of Mason (11-05-2541P)August 11, 2011; August 18, 2011; The Pulse JournalThe Honorable Don Prince, Mayor, City of Mason, 6000 Mason Montgomery Road, Mason, OH 45040December 16, 2011390559
WarrenUnincorporated areas of Warren County (11-05-2541P)August 11, 2011; August 18, 2011; The Pulse JournalMr. David G. Young, Warren County Commissioner, 406 Justice Drive, Lebanon, OH 45036December 16, 2011390757
Oklahoma: TulsaCity of Broken Arrow (10-06-0428P)July 28, 2011; August 4, 2011; The Tulsa Daily Commerce & Legal NewsThe Honorable Mike Lester, Mayor, City of Broken Arrow, 220 South 1st Street, Broken Arrow, OK 74012July 21, 2011400236
Rhode Island: WashingtonTown of North Kingstown (11-01-1012P)August 11, 2011; August 18, 2011; The Standard TimesMr. Michael Embury, Town of North Kingstown Manager, 80 Boston Neck Road, North Kingstown, RI 02852July 26, 2011445404
South Dakota: Fall RiverCity of Hot Springs (11-08-0656P)July 5, 2011; July 12, 2011; The Hot Springs StarThe Honorable Don DeVries, Mayor, City of Hot Springs, 303 North River Street, Hot Springs, SD 57747November 9, 2011460027
Tennessee: MauryCity of Spring Hill (11-04-2516P)July 28, 2011; August 4, 2011; The Daily HeraldThe Honorable Michael Dinwiddie, Mayor, City of Spring Hill, P.O. Box 789, 199 Town Center, Parkway Spring Hill, TN 37174August 22, 2011470278
EllisCity of Midlothian (10-06-2706P)May 4, 2011; May 11, 2011; The Midlothian MirrorThe Honorable Boyce Whatley, Mayor, City of Midlothian, 104 West Avenue East, Midlothian, TX 76065May 31, 2011480801
EllisUnincorporated areas of Ellis County (10-06-2706P)May 4, 2011; May 11, 2011; The Waxahachie Daily LightThe Honorable Carol Bush, Ellis County Judge, 101 West Main Street, Waxahachie, TX 75165May 31, 2011480798
RockwallCity of Rockwall (11-06-2878P)July 15, 2011; July 22, 2011; The Rockwall County NewsThe Honorable David Sweet, Mayor, City of Rockwall, 385 South Goliad Street, Rockwall, TX 75087November 21, 2011480547
TarrantCity of Arlington (11-06-1155P)July 21, 2011; July 28, 2011; The Fort Worth Star-TelegramThe Honorable Dr. Robert Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76004November 25, 2011485454
TarrantCity of Fort Worth (10-06-2761P)May 6, 2011; May 13, 2011; The Fort Worth Star-TelegramThe Honorable Michael Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102September 12, 2011480596
TarrantCity of Saginaw (10-06-2761P)May 6, 2011; May 13, 2011; The Fort Worth Star-TelegramThe Honorable Gary Brinkley, Mayor, City of Saginaw, 333 West McLeroy Boulevard, Saginaw, TX 76179September 12, 2011480610
TravisCity of Austin (11-06-3301P)June 28, 2011; July 5, 2011; The Austin American-StatesmanThe Honorable Lee Leffingwell, Mayor, City of Austin, 301 West 2nd Street, 2nd Floor Austin, Texas 78701November 2, 2011480624
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: September 13, 2011.

Sandra K. Knight,

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

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[FR Doc. 2011-25157 Filed 9-29-11; 8:45 am]