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Changes in Flood Elevation Determinations

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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.


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)


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.

List of Subjects in 44 CFR Part 65

Accordingly, 44 CFR part 65 is amended to read as follows:


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

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.


2. The tables published under the authority of § 65.4 are amended as follows:

State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
MobileCity of Mobile (11-04-2597P)November 10, 2011; November 17, 2011; The Press-RegisterThe Honorable Samuel L. Jones, Mayor, City of Mobile, 205 Government Street, South Tower, 10th Floor, Mobile, AL 36602March 16, 2012015007
MobileUnincorporated areas of Mobile County (11-04-5528P)December 1, 2011; December 8, 2011; The Press-RegisterThe Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644April 6, 2012015008
CochiseCity of Sierra Vista (11-09-2096P)October 28, 2011; November 4, 2011; The Sierra Vista HeraldThe Honorable Rick Mueller, Mayor, City of Sierra Vista, 1011 North Coronado Drive, Sierra Vista, AZ 85635October 20, 2011040017
MaricopaCity of Glendale (11-09-3464P)November 24, 2011; December 1, 2011; The Arizona Business GazetteThe Honorable Elaine M. Scruggs, Mayor, City of Glendale, 5850 West Glendale Avenue, Glendale, AZ 85301March 30, 2012040045
MaricopaCity of Peoria (11-09-3464P)November 24, 2011; December 1, 2011; The Arizona Business GazetteThe Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345March 30, 2012040050
OrangeCity of Laguna Beach (11-09-3647P)November 4, 2011; November 11, 2011; The Laguna Beach Coastline PilotThe Honorable Toni Iseman, Mayor, City of Laguna Beach, 505 Forest Avenue, Laguna Beach, CA 92651March 12, 2012060223
Santa ClaraCity of San Jose (12-09-0140P)December 2, 2011; December 9, 2011; The San Jose Mercury NewsThe Honorable Chuck Reed, Mayor, City of San Jose, 200 East Santa Clara Street, San Jose, CA 95113December 22, 2011060349
El PasoCity of Colorado Springs (11-08-0869P)November 2, 2011; November 9, 2011; The El Paso County Advertiser and NewsThe Honorable Steve Bach, Mayor, City of Colorado Springs, 30 South Nevada Avenue, Colorado Springs, CO 80903March 8, 2012080060
El PasoUnincorporated areas of El Paso County (11-08-0869P)November 2, 2011; November 9, 2011; The El Paso County Advertiser and NewsThe Honorable Dennis Hisey, Chairman, El Paso County Board of Commissioners, 27 East Vermijo Avenue, Colorado Springs, CO 80903March 8, 2012080059
EscambiaUnincorporated areas of Escambia County (11-04-7674P)November 25, 2011; December 2, 2011; The Pensacola News JournalThe Honorable Wilson Robertson, Chairman, Escambia County Board of Commissioners, 221 Palafox Place, Suite 400, Pensacola, FL 32502November 17, 2011120080
Indian RiverTown of Indian River Shores (11-04-7942P)November 25, 2011; December 2, 2011; The Indian River Press JournalThe Honorable Thomas W. Cadden, Mayor, Town of Indian River Shores, 6001 North Highway A1A, Indian River Shores, FL 32963November 17, 2011120121
LeeUnincorporated areas of Lee County (12-04-0044P)November 25, 2011; December 2, 2011; The News-PressThe Honorable John Manning, Chairman, Lee County Board of Commissioners, 2120 Main Street, Fort Myers, FL 33901November 17, 2011125124
OrangeCity of Orlando (11-04-7338P)November 22, 2011; November 29, 2011; The Orlando SentinelThe Honorable Buddy Dyer, Mayor, City of Orlando, 400 South Orange Avenue, Orlando, FL 32802March 28, 2012120186
SeminoleUnincorporated areas of Seminole County (11-04-8756X)November 4, 2011; November 11, 2011; The Orlando SentinelThe Honorable Brenda Carey, Chair, Seminole County Board of Commissioners, 1101 East 1st Street, Sanford, FL 32771October 26, 2011120289
Georgia: CherokeeUnincorporated areas of Cherokee County (10-04-8275P)October 7, 2011; October 14, 2011; The Cherokee TribuneThe Honorable L. B. Ahrens, Jr., Chairman, Cherokee County Board of Commissioners, 1130 Bluffs Parkway, Canton, GA 30114February 13, 2012130424
Hawaii:City and County of Honolulu (11-09-3899P)November 10, 2011; November 17, 2011; The Honolulu Star-AdvertiserThe Honorable Peter B. Carlisle, Mayor, City and County of Honolulu, 530 South King Street, Room 300, Honolulu, HI 96813March 16, 2012150001
LeeCity of Saltillo (10-04-8523P)November 4, 2011; November 11, 2011; The Northeast Mississippi Daily JournalThe Honorable Bill Williams, Mayor, City of Saltillo, 395 Mobile Street, Saltillo, MS 38866March 12, 2012280261
LeeUnincorporated areas of Lee County (10-04-8523P)November 4, 2011; November 11, 2011; The Northeast Mississippi Daily JournalThe Honorable Joe McKinney, Chairman, Lee County Board of Supervisors, 200 West Jefferson Street, Suite 100, Tupelo, MS 38801March 12, 2012280227
CampbellCity of Gillette (11-08-0781P)October 21, 2011; October 28, 2011; The News-RecordThe Honorable Tom Murphy, Mayor, City of Gillette, 201 East 5th Street, Gillette, WY 82717February 27, 2012560007
CampbellUnincorporated areas of Campbell County (11-08-0781P)October 21, 2011; October 28, 2011; The News-RecordThe Honorable Stephen F. Hughes, Chairman, Campbell County Board of Directors, 500 South Gillette Avenue, Suite #1100, Gillette, WY 82716February 27, 2012560081

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

Dated: January 12, 2012.

Sandra K. Knight,

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

[FR Doc. 2012-1318 Filed 1-23-12; 8:45 am]