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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.
JeffersonCity of Birmingham (11-04-6751P)December 2, 2011; December 9, 2011; The Birmingham NewsThe Honorable William Bell, Mayor, City of Birmingham, 710 North 20th Street, Birmingham, AL 35203April 9, 2012010116
JeffersonCity of Mountain Brook (11-04-6751P)December 2, 2011; December 9, 2011; The Birmingham NewsThe Honorable Lawrence Terry Oden, Mayor, City of Mountain Brook, 3928 Montclair Road, Mountain Brook, AL 35213April 9, 2012010128
JeffersonUnincorporated areas of Jefferson County (11-04-6751P)December 2, 2011; December 9, 2011; The Birmingham NewsThe Honorable David Carrington, President, Jefferson County Commission, 716 Richard Arrington, Jr. Boulevard North, Birmingham, AL 35203April 9, 2012010217
CoconinoCity of Flagstaff (11-09-0801P)October 27, 2011; November 3, 2011; The Arizona Daily SunThe Honorable Sara Presler, Mayor, City of Flagstaff, 211 West Aspen Avenue, Flagstaff, AZ 86001March 2, 2012040020
MaricopaCity of Peoria (11-09-3985P)December 8, 2011; December 15, 2011; The Arizona Business GazetteThe Honorable Bob Barrett, Mayor, City of Peoria, 8401 West Monroe Street, Peoria, AZ 85345November 29, 2011040050
ArapahoeCity of Centennial (11-08-0818P)December 8, 2011; December 15, 2011; The Littleton IndependentThe Honorable Cathy Noon, Mayor, City of Centennial, 13133 East Arapahoe Road, Centennial, CO 80112April 13, 2012080315
ArapahoeCity of Centennial (11-08-1095P)December 8, 2011; December 15, 2011; The Littleton IndependentThe Honorable Cathy Noon, Mayor, City of Centennial, 13133 East Arapahoe Road, Centennial, CO 80112April 13, 2012080315
RouttTown of Hayden (11-08-0603P)November 6, 2011; November 13, 2011; The Steamboat Pilot & TodayThe Honorable Jim Haskins, Mayor, Town of Hayden, 178 West Jefferson Avenue, Hayden, CO 81639March 12, 2012080157
WeldCity of Fort Lupton (11-08-0714P)November 9, 2011; November 16, 2011; The Greeley TribuneThe Honorable Tommy Holton, Mayor, City of Fort Lupton, 130 South McKinley Avenue, Fort Lupton, CO 80621March 15, 2012080183
WeldUnincorporated areas of Weld County (11-08-0714P)November 9, 2011; November 16, 2011; The Greeley TribuneThe Honorable Douglas Rademacher, Chairman, Weld County Board of Commissioners, 1150 O Street, Greeley, CO 80631March 15, 2012080266
LeeUnincorporated areas of Lee County (12-04-0347P)December 7, 2011; December 14, 2011; The News-PressThe Honorable John Manning, Chairman, Lee County Board of Commissioners, 2120 Main Street, Fort Myers, FL 33901November 29, 2011125124
OrangeCity of Orlando (11-04-8600P)December 5, 2011; December 12, 2011; The Orlando SentinelThe Honorable Buddy Dyer, Mayor, City of Orlando, 400 South Orange Avenue, Orlando, FL 32802November 22, 2011120186
New Mexico:
ChavesCity of Roswell (11-06-0142P)November 17, 2011; November 24, 2011; The Roswell Daily RecordThe Honorable Del Jurney, Mayor, City of Roswell, 425 North Richardson Avenue, Roswell, NM 88202March 23, 2012350006
ChavesUnincorporated areas of Chaves County (11-06-0142P)November 17, 2011; November 24, 2011; The Roswell Daily RecordThe Honorable Stanton L. Riggs, Chaves County Manager, 1 Saint Mary's Place, Roswell, NM 88203March 23, 2012350125
Santa FeUnincorporated areas of Santa Fe County (11-06-0697P)November 29, 2011; December 6, 2011; The Santa Fe New MexicanThe Honorable Virginia Vigil, Chairman, Santa Fe County Commissioners, 102 Grant Avenue, Santa Fe, NM 87501November 23, 2011350069
New York:
DutchessTown of Dover (12-02-0166P)November 23, 2011; November 30, 2011; The Poughkeepsie JournalThe Honorable Ryan Courtien, Supervisor, Town of Dover, 126 East Duncan Hill Road, Dover Plains, NY 12522May 3, 2012361335
North Carolina:
DareUnincorporated areas of Dare County (11-04-5020P)September 8, 2011; September 15, 2011; The Coastland TimesThe Honorable Warren Judge, Chairman, Dare County Board of Supervisors, 954 Marshall C. Collins Drive, Manteo, NC 27954August 30, 2011375348
OrangeTown of Chapel Hill (10-04-6903P)November 23, 2011; November 30, 2011; The Chapel Hill HeraldThe Honorable Mark Kleinschmidt, Mayor, Town of Chapel Hill, 405 Martin Luther King Jr. Boulevard, Chapel Hill, NC 27514March 29, 2012370180
StanlyCity of Albemarle (11-04-3287P)November 3, 2011; November 10, 2011; The Stanly News & PressThe Honorable Elbert L. Whitley, Jr., Mayor, City of Albemarle, 144 North 2nd Street, Albemarle, NC 28001March 9, 2012370223
StanlyUnincorporated areas of Stanly County (11-04-3287P)November 3, 2011; November 10, 2011; The Stanly News & PressMr. Andy Lucas, Stanly County Manager, 1000 North 1st Street, Suite 10, Albemarle, NC 28001March 9, 2012370361
DentonCity of Denton (11-06-3838P)November 17, 2011; November 24, 2011; The Denton Record-ChronicleThe Honorable Mark A. Burroughs, Mayor, City of Denton, 215 East McKinney Street, Denton, TX 76201November 10, 2011480194
GuadalupeCity of Schertz (11-06-1933P)November 28, 2011; December 5, 2011; The Daily Commercial RecorderThe Honorable Harold Baldwin, Mayor, City of Schertz, 1400 Schertz Parkway, Schertz, TX 78154April 3, 2012480269
GuadalupeCity of Selma (11-06-1933P)November 28, 2011; December 5, 2011; The Daily Commercial RecorderThe Honorable Tom Daly, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154April 3, 2012480046
TarrantCity of Southlake (11-06-2709P)November 10, 2011; November 17, 2011; The Fort Worth Star-TelegramThe Honorable John Terrell, Mayor, City of Southlake, 1400 Main Street, Suite 270, Southlake, TX 76092March 16, 2012480612
WichitaCity of Wichita Falls (11-06-1179P)November 29, 2011; December 6, 2011; The Times Record NewsThe Honorable Glenn Barham, Mayor, City of Wichita Falls, 1300 7th Street, Wichita Falls, TX 76301April 4, 2012480662
LoudounUnincorporated areas of Loudoun County (11-03-0738P)November 30, 2011; December 7, 2011; The Loudoun Times MirrorThe Honorable Scott K. York, Chairman, Loudoun County Board of Supervisors, 1 Harrison Street, Leesburg, VA 20175April 5, 2012510090

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

Dated: February 15, 2012.

Sandra K. Knight,

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

[FR Doc. 2012-4955 Filed 2-29-12; 8:45 am]