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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 65
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-B-1118]
 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: Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2820, or (e-mail) 
                        *kevin.long@dhs.gov.*


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
 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. § 65.4
 2.The tables published under the authority of § 65.4 are amended as follows: State and county
Location and case No.
Date and name of newspaper where notice was published
Chief executive officer of community
Effective date of 
                                 modification
Community No.Arizona:Maricopa
City of Surprise
                                 (09-09-2388P)
March 11, 2010; March 18, 2010; 
                                *Arizona Business Gazette*
The Honorable Lyn Truitt, Mayor, City of Surprise, 16000 North Civic Center Plaza, Surprise, AZ 85374
February 25, 2010
040053Maricopa
Unincorporated areas of Maricopa County
                                 (09-09-2388P)
March 11, 2010; March 18, 2010; 
                                *Arizona Business Gazette*
The Honorable Andrew W. Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003
February 25, 2010
040037Florida:Alachua
Unincorporated areas of Alachua County
                                 (09-04-5275P)
March 16, 2010; March 22, 2010; 
                                *The Gainesville Sun*
The Honorable Cynthia Moore Chestnut, Chairman, Alachua County Board of Commissioners, P.O. Box 2877, Gainesville, FL 32602
February 26, 2010
120001Duvall
City of Jacksonville
                                 (10-04-1198P)
March 5, 2010; March 12, 2010; 
                                *Jacksonville Daily Record*
The Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, Jacksonville, FL 32202
July 9, 2010
120077Monroe
Unincorporated areas of Monroe County
                                 (09-04-8247P)
March 8, 2010; March 15, 2010; 
                                *Key West Citizen*
The Honorable Sylvia Murphy, Mayor, Monroe County, 102050 Overseas Highway, Suite 234, Key Largo, FL 33037
February 26, 2010
125129Seminole
City of Lake Mary
                                 (10-04-0356P)
March 5, 2010; March 12, 2010; 
                                *Orlando Sentinel*
The Honorable David Mealor, Mayor, City of Lake Mary, P.O. Box 958445, Lake Mary, FL 32795
February 24, 2010
120416Idaho: Teton
Unincorporated areas of Teton County
                                 (09-10-0567P)
February 18, 2010; February 25, 2010; 
                                *Teton Valley News*
The Honorable Larry Young, Chairman, Teton County Board of Commissioners, 150 Courthouse Drive, Driggs, ID 83422
June 25, 2010
160230Kansas: Johnson
City of Overland Park
                                 (09-07-1561P)
March 10, 2010; March 17, 2010; 
                                *The Johnson County Sun*
The Honorable Carl Gerlach, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, KS 66212
February 26, 2010
200174Kentucky: Lexington-Fayette Urban County Government
Lexington-Fayette Urban County Government
                                 (09-04-6917P)
March 15, 2010; March 22, 2010; 
                                *Lexington Herald-Leader*
The Honorable Jim Newberry, Mayor, Lexington-Fayette Urban County, Government, 200 East Main Street, 12th Floor, Lexington, KY 40507
March 29, 2010
210067North Carolina: Durham
City of Durham
                                 (08-04-3771P)
February 24, 2010; March 3, 2010; 
                                *The Herald Sun*
The Honorable William V. Bell, Mayor, City of Durham, 101 City Hall Plaza, Durham, NC 27701
July 1, 2010
370086Texas:Comal and Guadalupe
City of Schertz
                                 (09-06-2056P)
March 11, 2010; March 18, 2010; 
                                *Northeast Herald*
The Honorable Hal Baldwin, Mayor, City of Schertz, 1400 Schertz Parkway, Schertz, TX 78154
July 16, 2010
480269Comal and Guadalupe
City of Selma
                                 (09-06-2056P)
March 11, 2010; March 18, 2010; 
                                *Northeast Herald*
The Honorable Jim Parma, Mayor, City of Selma, 9375 Corporate Drive, Selma, TX 78154
July 16, 2010
480046Gregg
City of Longview
                                 (09-06-1728P)
March 5, 2010; March 12, 2010; 
                                *Longview News-Journal*
The Honorable Jay Dean, Mayor, City of Longview, P.O. Box 1952, Longview, TX 75606
July 12, 2010
480264Tarrant
City of Hurst
                                 (09-06-2085P)
December 18, 2008; December 25, 2009; 
                                *Star-Telegram*
The Honorable Richard Ward, Mayor, City of Hurst, 1505 Precinct Line Road, Hurst, TX 76054
April 26, 2010
480601Virginia: Loudoun
Unincorporated areas of Loudoun County
                                 (09-03-1375P)
March 10, 2010; March 17, 2010; 
                                *Loudoun Times-Mirror*
The Honorable Scott K. York, Chairman, Loudoun County, P.O. Box 7000, Leesburg, VA 20177
March 22, 2010
510090
 (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: April 30, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-12484 Filed 5-24-10; 8:45 am] BILLING CODE 9110-12-P