# [Amended]
**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.
**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 (e-mail) *[email protected].*
**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 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**
Flood insurance, Floodplains, Reporting and recordkeeping requirements.
**44 CFR Part 65**
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65—[AMENDED]
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.
**44 CFR Part 65**
§ 65.4
2. The tables published under the authority of § 65.4 are amended as follows:
| State and county | Location and case | Date and name of newspaper where notice was published | Chief executive officer of community | Effective date of | Community |
| --- | --- | --- | --- | --- | --- |
| Alabama: Houston | City of Dothan (10-04-5284P) | July 9, 2010; July 16, 2010; | The Honorable Mike Schmitz, Mayor, City of Dothan, P.O. Box 2128, Dothan, AL 36302 | November 15, 2010 | 010104 |
| Arizona: | | | | | |
| Navajo | City of Show Low (09-09-2789P) | July 9, 2010; July 16, 2010; | The Honorable Rick Fernau, Mayor, City of Show Low, 550 North 9th Place, Show Low, AZ 85901 | June 28, 2010 | 040069 |
| Arizona: | | | | | |
| Yavapai | Unincorporated areas of Yavapai County (10-09-2672P) | July 9, 2010; July 16, 2010; | Mr. Chip Davis, Chairman, Yavapai County Board of Supervisors, 1015 Fair Street, Prescott, AZ 86305 | November 15, 2010 | 040093 |
| California: | | | | | |
| Merced | City of Merced (10-09-0548P) | July 9, 2010; July 16, 2010; | The Honorable Bill Spriggs, Mayor, City of Merced, 678 West 18th Street, Merced, CA 95340 | November 15, 2010 | 060191 |
| Sacramento | City of Sacramento (10-09-0525P) | July 9, 2010; July 16, 2010; | The Honorable Kevin Johnson, Mayor, City of Sacramento, 915 I Street, 5th Floor, Sacramento, CA 95814 | November 15, 2010 | 060266 |
| San Bernardino | City of Colton (09-09-2788P) | July 9, 2010; July 16, 2010; | The Honorable Kelly J. Chastain, Mayor, City of Colton, 650 North La Cadena Drive, Colton, CA 92324 | November 15, 2010 | 060273 |
| San Bernardino | City of San Bernardino (09-09-2788P) | July 9, 2010; July 16, 2010; | The Honorable Patrick J. Morris, Mayor, City of San Bernardino, 300 North D Street, San Bernardino, CA 92418 | November 15, 2010 | 060281 |
| Santa Barbara | Unincorporated areas of Santa Barbara County (10-09-1185P) | July 9, 2010; July 16, 2010; | The Honorable Janet Wolf, Chair, Santa Barbara County Board of Supervisors, 105 East Anapamu Street, Santa Barbara, CA 93101 | June 29, 2010 | 060331 |
| Santa Clara | Unincorporated areas of Santa Clara County (09-09-2556P) | June 30, 2010; July 7, 2010; | The Honorable Ken Yeager, Chairperson, Santa Clara County Board of Supervisors, 70 West Hedding Street, 10th Floor, San Jose, CA 95110 | June 23, 2010 | 060337 |
| Ventura | City of Simi Valley (10-09-2783P) | July 9, 2010; July 16, 2010; | The Honorable Paul Miller, Mayor, City of Simi Valley, 2929 Tapo Canyon Road, Simi Valley, CA 93063 | November 15, 2010 | 060421 |
| Florida: | | | | | |
| Miami-Dade | City of Sunny Isles Beach (10-04-4666P) | July 9, 2010; July 16, 2010; | The Honorable Norman S. Edlecup, Mayor, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL 33160 | June 30, 2010 | 120688 |
| Orange | City of Orlando (10-04-0789P) | May 20, 2010; May 27, 2010; | The Honorable Buddy Dyer, Mayor, City or Orlando, P.O. Box 4990, Orlando, FL 32802 | September 24, 2010 | 120186 |
| Polk | City of Winter Haven (10-04-1058P) | June 4, 2010; June 11, 2010; | The Honorable Jeff Potter, Mayor, City of Winter Haven, 451 3rd Street Northwest, Winter Haven, FL 33881 | October 12, 2010 | 120271 |
| Sumter | Unincorporated areas of Sumter County (10-04-1900P) | July 22, 2010; July 29, 2010; | Mr. Doug Gilpin, Chairman, Sumter County Board of Commissioners, 910 North Main Street, Bushnell, FL 33513 | November 26, 2010 | 120296 |
| Nevada: Clark | City of Las Vegas (10-09-1223P) | July 1, 2010; July 8, 2010; | The Honorable Oscar B. Goodman, Mayor, City of Las Vegas, City Hall, 10th Floor, 400 Stewart Avenue, Las Vegas, NV 89101 | June 22, 2010 | 325276 |
| New York: Niagara | Town of Cambria (07-02-0919P) | October 18, 2007; October 25, 2007; | The Honorable Wright H. Ellis, Cambria Town Board Supervisor, 4160 Upper Mountain Road, Sanborn, NY 14132 | January 24, 2008 | 360499 |
| North Carolina: | | | | | |
| Catawba | City of Conover (10-04-2641P) | July 7, 2010; July 14, 2010; | The Honorable Lee E. Moritz, Jr., Mayor, City of Conover, P.O. Box 549, Conover, NC 28613 | July 30, 2010 | 370053 |
| Catawba | City of Newton (10-04-2641P) | July 7, 2010; July 14, 2010; | The Honorable Robert A. Mullinax, Mayor, City of Newton, 401 North Main Avenue, Newton, NC 28658 | July 30, 2010 | 370057 |
| Tennessee: | | | | | |
| Knox | Unincorporated areas of Knox County (10-04-1555P) | July 9, 2010; July 16, 2010; | The Honorable Mike Ragsdale, Knox County Mayor, 400 Main Street, Suite 615, Knoxville, TN 37902 | June 30, 2010 | 475433 |
| Shelby | Town of Collierville (10-04-1188P) | June 24, 2010; July 1, 2010; | The Honorable Stan Joyner, Mayor, Town of Collierville, 500 Poplar View Parkway, Collierville, TN 38017 | June 17, 2010 | 470263 |
| Utah: Washington | City of Washington (10-08-0519P) | July 9, 2010; July 16, 2010; | The Honorable Kenneth Neilson, Mayor, City of Washington, 111 North 100 East, Washington, UT 84780 | November 15, 2010 | 490182 |
| Wisconsin: Dane | City of Madison (10-05-3876P) | July 9, 2010; July 16, 2010; | The Honorable Dave Cieslewicz, Mayor, City of Madison, 210 Martin Luther King, Jr. Boulevard, City-County Building, Room 403, Madison, WI 53703 | July 30, 2010 | 550083 |
(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)
Dated: December 3, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.