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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 (email) Luis.Rodriguez3@fema.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 Start Printed Page 68323excluded 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:
JeffersonUnincorporated areas of Jefferson County (11-04-4802P)August 10, 2011; August 17, 2011; The Alabama MessengerThe Honorable David Carrington, President, Jefferson County Commission, 716 Richard Arrington Jr. Boulevard North, Suite 230, Birmingham, AL 35203September 6, 2011010217
MobileUnincorporated areas of Mobile County (11-04-0759P)August 2, 2011; August 9, 2011; The Press-RegisterThe Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644December 7, 2011015008
MobileUnincorporated areas of Mobile County (11-04-0760P)August 2, 2011; August 9, 2011; The Press-RegisterThe Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644December 7, 2011015008
MobileUnincorporated areas of Mobile County (11-04-0761P)August 11, 2011; August 18, 2011; The Press-RegisterThe Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644December 16, 2011015008
MobileUnincorporated areas of Mobile County (11-04-0762P)August 4, 2011; August 11, 2011; The Press-RegisterThe Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644December 5, 2011015008
Arizona: YavapaiTown of Clarkdale (11-09-1419P)August 3, 2011; August 10, 2011; The Verde IndependentThe Honorable Doug Von Gausig, Mayor, Town of Clarkdale, 39 North 9th Street, Clarkdale, AZ 86324December 8, 2011040095
California:
AlamedaCity of Fremont (11-09-0580P)August 25, 2011; September 1, 2011; The ArgusThe Honorable Bob Wasserman, Mayor, City of Fremont, 3300 Capitol Avenue, Fremont, CA 94538August 16, 2011065028
San Luis ObispoCity of Morro Bay (10-09-3119P)August 16, 2011; August 23, 2011; The TribuneThe Honorable William Yates, Mayor, City of Morro Bay, 595 Harbor Street, Morro Bay, CA 93442December 21, 2011060307
YubaUnincorporated areas of Yuba County (11-09-0045P)August 25, 2011; September 1, 2011; The Appeal-DemocratThe Honorable Roger Abe, Chairman, Yuba County Board of Supervisors, 915 8th Street, Suite 109, Marysville, CA 95901December 30, 2011060427
Colorado: JeffersonCity of Lakewood (11-08-0637P)August 25, 2011; September 1, 2011; The Golden TranscriptThe Honorable Bob Murphy, Mayor, City of Lakewood, Lakewood Civic Center South, 480 South Allison Parkway, Lakewood, CO 80226August 16, 2011085075
Florida:
CharlotteUnincorporated areas of Charlotte County (11-04-5839P)August 5, 2011; August 12, 2011; The Charlotte SunThe Honorable Bob Starr, Chairman, Charlotte County Board of Commissioners, 18500 Murdock Circle, Port Charlotte, FL 33948July 28, 2011120061
LakeUnincorporated areas of Lake County (11-04-4633P)August 12, 2011; August 19, 2011; The Daily CommercialThe Honorable Jennifer Hill, Chair, Lake County Board of Commissioners, 315 West Main Street, Tavares, FL 32778December 19, 2011120421
St. LucieUnincorporated areas of, St. Lucie County (11-04-4362P)August 5, 2011; August 12, 2011; The St. Lucie News-TribuneThe Honorable Chris Craft, Chairman, St. Lucie County Board of Commissioners, 2300 Virginia Avenue, Fort Pierce, FL 34982July 28, 2011120285
SumterUnincorporated areas of Sumter County (11-04-5885P)August 4, 2011; August 11, 2011; The Sumter County TimesThe Honorable Don Burgess, Chairman, Sumter County Board of Commissioners, 7375 Powell Road, Wildwood, FL 34785July 28, 2011120296
Maryland: WashingtonUnincorporated areas of Washington County (10-03-2211P)June 3, 2011; June 10, 2011; The Herald-MailThe Honorable Terry L. Baker, President, Washington County Board of Commissioners, 100 West Washington Street, Room 226, Hagerstown, MD 21740October 10, 2011240070
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New Jersey:
MiddlesexTownship of North Brunswick (11-02-1340P)August 24, 2011; August 31, 2011; The North and South Brunswick SentinelThe Honorable Francis Womack III, Mayor, Township of North Brunswick, 710 Hermann Road, North Brunswick, NJ 08902December 29, 2011340271
MiddlesexTownship of South Brunswick (11-02-1340P)August 24, 2011; August 31, 2011; The North and South SentinelThe Honorable Frank Gambatese, Mayor, Township of South Brunswick, 540 Ridge Road, Monmouth Junction, NJ 08852December 29, 2011340278
North Carolina:
BuncombeUnincorporated areas of Buncombe County (11-04-2928P)August 24, 2011; August 31, 2011; The Asheville Citizen-TimesMs. Wanda Greene, Buncombe County Manager, 205 College Street, Suite 300, Asheville, NC 28801August 15, 2011370031
ForsythTown of Kernersville (11-04-0470P)July 21, 2011; July 28, 2011; The Kernersville News and The Winston-Salem JournalThe Honorable Dawn H. Morgan, Mayor, Town of Kernersville, 134 East Mountain Street, Kernersville, NC 27284November 25, 2011370319
ForsythUnincorporated areas of Forsyth County (11-04-0470P)July 21, 2011; July 28, 2011; The Kernersville News and The Winston-Salem JournalMr. J. Dudley Watts, Jr., Forsyth County Manager, 201 North Chestnut Street, Winston-Salem, NC 27101November 25, 2011375349
Oklahoma: OklahomaCity of Oklahoma City (10-06-3231P)August 4, 2011; August 11, 2011; The Journal RecordThe Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Avenue, Oklahoma City, OK 73102August 29, 2011405378
Pennsylvania: DelawareTownship of Haverford (11-03-0098P)July 5, 2011; July 12, 2011; The Daily TimesThe Honorable William F. Wechsler, President, Township of Haverford Board of Commissioners, 2325 Darby Road, Havertown, PA 19083November 9, 2011420417
South Carolina:
CharlestonTown of Mount Pleasant (11-04-5533P)August 4, 2011; August 11, 2011; The Post and CourierThe Honorable Billy Swails, Mayor, Town of Mount Pleasant, 100 Ann Edwards Lane, Mount Pleasant, SC 29464July 28, 2011455417
CharlestonUnincorporated areas of Charleston County (11-04-5329P)August 4, 2011; August 11, 2011; The Post and CourierThe Honorable Teddie E. Pryor, Sr., Chairman, Charleston County Council, 4045 Bridge View Drive, North Charleston, SC 29405July 28, 2011455413
Tennessee:
GreeneCity of Tusculum (11-04-3995P)June 30, 2011; July 7, 2011; The Greeneville SunThe Honorable John Foster, Mayor, City of Tusculum, 145 Alexander Street, Greeneville, TN 37745June 23, 2011470329
GreeneTown of Greeneville (11-04-3995P)June 30, 2011; July 7, 2011; The Greeneville SunThe Honorable W. T. Daniels, Mayor, Town of Greeneville, 200 North College Street, Greeneville, TN 37745June 23, 2011470069
Texas:
BexarCity of Selma (11-06-0764P)August 11, 2011; August 18, 2011; The Daily Commercial RecorderThe Honorable Tom Daly, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154December 16, 2011480046
DallasCity of Garland (11-06-2614P)August 3, 2011; August 10, 2011; The Dallas Morning NewsThe Honorable Ronald E. Jones, Mayor, City of Garland, 200 North 5th Street, Garland, TX 75040July 27, 2011485471
Denton and TarrantCity of Fort Worth (11-06-1407P)June 28, 2011; July 5, 2011; The Fort Worth Star-TelegramThe Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102November 2, 2011480596
DentonCity of Lewisville (11-06-3720P)August 10, 2011; August 17, 2011; The Lewisville LeaderThe Honorable Dean Ueckert, Mayor, City of Lewisville, 151 West Church Street, Lewisville, TX 75029December 15, 2011480195
El PasoCity of El Paso (11-06-2150P)August 11, 2011; August 18, 2011; The El Paso TimesThe Honorable John F. Cook, Mayor, City of El Paso, 2 Civic Center Plaza, 10th Floor, El Paso, TX 79901August 4, 2011480214
Gregg and HarrisonCity of Longview (11-06-0244P)August 3, 2011; August 10, 2011; The Longview News-JournalThe Honorable Jay Dean, Mayor, City of Longview, 300 West Cotton Street, Longview, TX 75601August 25, 2011480264
TarrantCity of Euless (10-06-3064P)March 4, 2011; March 11, 2011; The Fort Worth Star-TelegramThe Honorable Mary Lib Saleh, Mayor, City of Euless, 201 North Ector Drive, Euless, TX 76039July 11, 2011480593
TarrantCity of Keller (10-06-0163P)April 8, 2010, April 15, 2010, The Fort Worth Star-TelegramThe Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248April 1, 2010480602
TarrantCity of Keller (11-06-0636P)July 14, 2011; July 21, 2011; The Fort Worth Star-TelegramThe Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248July 7, 2011480602
TarrantCity of Keller (11-06-2181P)June 24, 2011; July 1, 2011; The Fort Worth Star-TelegramThe Honorable Pat McGrail, Mayor, City of Keller, 1100 Bear Creek Parkway, Keller, TX 76248October 31, 2011480602
TarrantCity of North Richland Hills (11-06-0636P)July 14, 2011; July 21, 2011; The Fort Worth Star-TelegramThe Honorable Oscar Trevino, Jr., P.E., Mayor, City of North Richland Hills, 7301 Northeast Loop 820, North Richland Hills, TX 76180July 7, 2011480607
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TravisUnincorporated areas of Travis County (11-06-0223P)August 11, 2011; August 18, 2011; The Austin American-StatesmanThe Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701August 4, 2011481026
WilliamsonCity of Georgetown (11-06-2998P)August 17, 2011; August 24, 2011; The Williamson County SunThe Honorable George Garver, Mayor, City of Georgetown, 113 East 8th Street, Georgetown, TX 78626December 22, 2011480668
WilliamsonUnincorporated areas of Williamson County (10-06-3690P)July 27, 2011; August 3, 2011; The Williamson County SunThe Honorable Dan A. Gattis, Williamson County Judge, 710 South Main Street, Suite 101, Georgetown, TX 78626December 2, 2011481079

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

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Dated: October 17, 2011.

Sandra K. Knight,

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

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[FR Doc. 2011-28562 Filed 11-3-11; 8:45 am]

BILLING CODE 9110-12-P