Changes in Flood Elevation Determinations
Federal Register, Volume 77 Issue 3 (Thursday, January 5, 2012)
Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)
Rules and Regulations
Pages 423-425
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2011-33772
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
Docket ID FEMA-2011-0002
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents.
DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date.
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 (email) Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (FEMA) makes the final determinations listed below of the modified BFEs for each community listed. These modified
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BFEs have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Federal Insurance and Mitigation Administrator has resolved any appeals resulting from this notification.
The modified BFEs are not listed for each community in this notice. However, this final rule includes the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection.
The modified BFEs are made pursuant to section 206 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.
These modified BFEs are used to meet the floodplain management requirements of the NFIP and also are used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are made final, and for the contents in those buildings. The changes in BFEs are in accordance with 44 CFR 65.4.
National Environmental Policy Act. This final 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 final 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 final rule involves no policies that have federalism implications under Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice Reform. This final 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
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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.
Sec. 65.4 Amended
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2. The tables published under the authority of Sec. 65.4 are amended as follows:
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Date and name of
State and county Location and case No. newspaper where Chief executive officer Effective date of modification Community
notice was published of community No.
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Alabama:
Baldwin (FEMA Docket No.: City of Orange Beach June 22, 2011; June The Honorable Tony June 14, 2011.................. 015011
Bdash1211). (11-04-4328P). 29, 2011; The Kennon, Mayor, City of
Islander. Orange Beach, 4099
Orange Beach Boulevard,
Orange Beach, AL 36561.
Madison (FEMA Docket No.: City of Huntsville June 22, 2011; June The Honorable Tommy October 27, 2011............... 010153
Bdash1211). (10-04-7862P). 29, 2011; The Battle, Mayor, City of
Huntsville Times. Huntsville, 308 Fountain
Circle, 8th Floor,
Huntsville, AL 35801.
Arizona:
Maricopa (FEMA Docket No.: City of Peoria (11-09- June 2, 2011; June The Honorable Bob October 7, 2011................ 040050
Bdash1206). 0647P). 9, 2011; The Barrett, Mayor, City of
Arizona Business Peoria, 8401 West Monroe
Gazette. Street, Peoria, AZ 85345.
Maricopa (FEMA Docket No.: Unincorporated areas June 2, 2011; June The Honorable Andrew October 7, 2011................ 040037
Bdash1206). of Maricopa County 9, 2011; The Kunasek, Chairman,
(11-09-0647P). Arizona Business Maricopa County Board of
Gazette. Supervisors, 301 West
Jefferson Street, 10th
Floor, Phoenix, AZ 85003.
Navajo (FEMA Docket No.: Town of Snowflake (10- May 27, 2011; June The Honorable Kelly October 3, 2011................ 040070
Bdash1206). 09-1783P). 3, 2011; The White Willis, Mayor, Town of
Mountain Snowflake, 81 West 1st
Independent. South, Snowflake, AZ
85937.
California:
Shasta (FEMA Docket No.: Unincorporated areas June 1, 2011; June The Honorable Les Baugh, October 6, 2011................ 060358
Bdash1206). of Shasta County (10- 8, 2011; The Red Chairman, Shasta County
09-3227P). Bluff Daily News. Board of Supervisors,
1450 Court Street, Suite
308B, Redding, CA 96001.
Tehama (FEMA Docket No.: Unincorporated areas June 1, 2011; June The Honorable Gregg October 6, 2011................ 065064
Bdash1206). of Tehama County (10- 8, 2011; The Avilla, Chairman, Tehama
09-3227P). Anderson Valley County Board of
Post. Supervisors, 727 Oak
Street, Red Bluff, CA
96080.
Colorado: Douglas (FEMA Docket Unincorporated areas July 7, 2011; July The Honorable Jill June 30, 2011.................. 080049
No.: Bdash1219). of Douglas County 14, 2011; The Repella, Chair, Douglas
(11-08-0044P). Douglas County News- County Board of
Press. Commissioners, 100 3rd
Street, Castle Rock, CO
80104.
Kentucky: Fayette (FEMA Docket Lexington-Fayette June 22, 2011; June The Honorable Jim Gray, October 27, 2011............... 210067
No.: Bdash1211). Urban County 29, 2011; The Mayor, Lexington-Fayette
Government (11-04- Lexington Herald- Urban County Government,
0368P). Leader. 200 East Main Street,
Lexington, KY 40507.
Nevada: Clark (FEMA Docket No.: City of Las Vegas (11- June 23, 2011; June The Honorable Oscar B. June 16, 2011.................. 325276
Bdash1211). 09-1593P). 30, 2011; The Las Goodman, Mayor, City of
Vegas Review- Las Vegas, 400 Stewart
Journal. Avenue, Las Vegas, NV
89101.
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North Carolina:
Alamance (FEMA Docket No.: City of Burlington May 6, 2011; May 13, The Honorable Ronnie K. September 12, 2011............. 370002
Bdash1206). (10-04-4375P). 2011; The Times- Wall, Mayor, City of
News. Burlington, 425 South
Lexington Avenue,
Burlington, NC 27216.
Alamance (FEMA Docket No.: Town of Elon (10-04- May 6, 2011; May 13, The Honorable Jerry R. September 12, 2011............. 370411
Bdash1206). 4375P). 2011; The Times- Tolley, Mayor, Town of
News. Elon, 104 South
Williamson Avenue, Elon,
NC 27244.
Buncombe (FEMA Docket No.: Unincorporated areas May 13, 2011; May Ms. Wanda Greene, September 19, 2011............. 370031
Bdash1206). of Buncombe County 20, 2011; The Buncombe County Manager,
(10-04-2274P). Asheville Citizen- 205 College Street,
Times. Suite 300, Asheville, NC
28801.
Davidson (FEMA Docket No.: Unincorporated areas May 6, 2011; May 13, Mr. Robert Hyatt September 12, 2011............. 370307
Bdash1206). of Davidson County 2011; The High Davidson, County
(10-04-3473P). Point Enterprise. Manager, 913 Greensboro
Street, Lexington, NC
27292.
Guilford (FEMA Docket No.: City of High Point May 6, 2011; May 13, The Honorable Rebecca R. September 12, 2011............. 370113
Bdash1206). (10-04-3473P). 2011; The High Smothers, Mayor, City of
Point Enterprise. High Point, 211 South
Hamilton Street, High
Point, NC 27261.
Madison (FEMA Docket No.: Unincorporated areas March 30, 2011; Mr. Steve Garrison, August 4, 2011................. 370152
Bdash1206). of Madison County April 6, 2011; The Madison County Manager,
(10-04-8485P). News-Record & 2 North Main Street,
Sentinel. Marshall, NC 28753.
Union (FEMA Docket No.: Unincorporated areas June 2, 2011; June Ms. Cynthia Coto, Union October 7, 2011................ 370234
Bdash1209). of Union County (11- 9, 2011; The County Manager, Union
04-1541P). Charlotte Observer County Government
and The Enquirer- Center, 500 North Main
Journal. Street, Room 918,
Monroe, NC 28112.
Union (FEMA Docket No.: Village of Marvin (11- June 2, 2011; June The Honorable Nick October 7, 2011................ 370514
Bdash1209). 04-1541P). 9, 2011; The Dispenziere, Mayor,
Charlotte Observer Village of Marvin, 10004
and The Enquirer- New Town Road, Marvin,
Journal. NC 28173.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood Insurance.'')
Dated: December 20, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2011-33772 Filed 1-4-12; 8:45 am
BILLING CODE 9110-12-P
