[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Rules and Regulations]
[Pages 40815-40817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17451]



Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.


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 (e-mail) [email protected].

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below of the modified BFEs 
for each community listed. These modified 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 
    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 
    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 
    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 
    Executive Order 13132, Federalism. This final rule involves no 
policies that have federalism implications under Executive Order 13132, 
    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 

    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.

Sec.  65.4  [Amended]

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

                                                             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.
    Calhoun (FEMA Docket No.: B-    City of Oxford (10-04- October 22, 2010;     The Honorable Leon Smith,  February 28, 2011..............       010023
     1165).                          2692P).                October 29, 2010;     Mayor, City of Oxford,
                                                            The Anniston Star.    P.O. Box 3383, Oxford,
                                                                                  AL 36203.
    Calhoun (FEMA Docket No.: B-    Unincorporated areas   October 22, 2010;     Mr. James ``Pappy'' Dunn,  February 28, 2011..............       010013
     1165).                          of Calhoun County      October 29, 2010;     Commissioner, Calhoun
                                     (10-04-2692P).         The Anniston Star.    County, 1702 Noble
                                                                                  Street, Suite 103,
                                                                                  Anniston, AL 36201.
    Pinal (FEMA Docket No.: B-      City of Casa Grande    November 12, 2010;    The Honorable Robert M.    November 5, 2010...............       040080
     1172).                          (10-09-1532P).         November 19, 2010;    Jackson, Mayor, City of
                                                            The Casa Grande       Casa Grande, 510 East
                                                            Dispatch.             Florence Boulevard, Casa
                                                                                  Grande, AZ 85122.
    Pinal (FEMA Docket No.: B-      City of Maricopa (10-  November 4, 2010;     The Honorable Anthony      March 11, 2011.................       040052
     1172).                          09-2020P).             November 11, 2010;    Smith, Mayor, City of
                                                            The Casa Grande       Maricopa, 45145 West
                                                            Dispatch.             Madison Avenue,
                                                                                  Maricopa, AZ 85139.

[[Page 40816]]

    Pinal (FEMA Docket No.: B-      Unincorporated areas   November 4, 2010;     Mr. Pete Rios, Chairman,   March 11, 2011.................       040077
     1172).                          of Pinal County (10-   November 11, 2010;    Pinal County Board of
                                     09-2020P).             The Casa Grande       Supervisors, P.O. Box,
                                                            Dispatch.             827 Florence, AZ 85132.
    Yavapai (FEMA Docket No.: B-    Unincorporated areas   November 10, 2010;    Ms. Carol Springer,        March 17, 2011.................       040093
     1172).                          of Yavapai County      November 17, 2010;    Chair, Yavapai County
                                     (10-09-0470P).         The Daily Courier.    Board of Supervisors,
                                                                                  1015 Fair Street
                                                                                  Prescott, AZ 86305.
California: Contra Costa (FEMA      City of Oakley (10-09- December 8, 2010;     The Honorable Jim Frazier  December 24, 2010..............       060766
 Docket No.: B-1177).                3624P).                December 15, 2010;    Mayor, City of Oakley,
                                                            The Contra Costa      3231 Main Street Oakley,
                                                            Times.                CA 94561.
Colorado: Jefferson (FEMA Docket    City of Lakewood (11-  December 9, 2010;     The Honorable Bob Murphy,  December 6, 2010...............       085075
 No.: B-1177).                       08-0033P).             December 16, 2010;    Mayor, City of Lakewood,
                                                            The Golden            480 South Allison
                                                            Transcript.           Parkway, Lakewood, CO
    Clay (FEMA Docket No.: B-1177)  Unincorporated areas   December 17, 2010;    Mr. Travis Cummings,       December 9, 2010...............       120064
                                     of Clay County (10-    December 24, 2010;    Chairman, Clay County
                                     04-6297P).             The Florida Times-    Board of Commissioners,
                                                            Union.                P.O. Box 1366, Green
                                                                                  Cove Springs, FL 32043.
    Duval (FEMA Docket No.: B-      City of Jacksonville   December 17, 2010;    The Honorable John         December 9, 2010...............       120077
     1177).                          (10-04-6297P).         December 24, 2010;    Peyton, Mayor, City of
                                                            The Florida Times-    Jacksonville, 117 West
                                                            Union.                Duval Street, Suite 400
                                                                                  Jacksonville, FL 32202.
    Leon (FEMA Docket No.: B-1172)  Unincorporated areas   October 29, 2010;     Mr. John E. Dailey,        March 7, 2011..................       120143
                                     of Leon County (10-    November 5, 2010;     Chairman, Leon County
                                     04-8400P).             The Tallahassee       Board of Commissioners,
                                                            Democrat.             301 South Monroe Street,
                                                                                  Tallahassee, FL 32301.
    Okaloosa (FEMA Docket No.: B-   Unincorporated areas   November 16, 2010;    Mr. James Campbell,        November 8, 2010...............       120173
     1172).                          of Okaloosa County     November 23, 2010;    Chairman, Okaloosa
                                     (10-04-8273P).         The Northwest         County Board of
                                                            Florida Daily News.   Commissioners, 1804
                                                                                  Lewis Turner Boulevard,
                                                                                  Suite 100, Fort Walton
                                                                                  Beach, FL 32547.
    Barrow (FEMA Docket No.: B-     Unincorporated areas   October 20, 2010;     Mr. Daniel Yearwood, Jr.,  February 24, 2011..............       130497
     1165).                          of Barrow County (10-  October 27, 2010;     Chairman, Barrow County
                                     04-4322P).             The Barrow County     Board of Commissioners,
                                                            News.                 233 East Broad Street,
                                                                                  Winder, GA 30680.
    Bryan (FEMA Docket No.: B-      City of Richmond Hill  November 3, 2010;     The Honorable E. Harold,   March 10, 2011.................       130018
     1172).                          (10-04-6327P).         November 10, 2010;    Fowler Mayor, City of
                                                            The Bryan County      Richmond Hill, P.O. Box
                                                            News.                 250, Richmond Hill, GA
    Tift (FEMA Docket No.: B-1172)  City of Tifton (09-04- November 19, 2010;    The Honorable J. G.        March 28, 2011.................       130171
                                     7386P).                November 26, 2010;    Cater, Jr., Mayor, City
                                                            The Tifton Gazette.   of Tifton, P.O. Box 229,
                                                                                  Tifton, GA 31793.
    Tift (FEMA Docket No.: B-1172)  Unincorporated areas   November 19, 2010;    Mr. Grady Thompson,        March 28, 2011.................       130404
                                     of Tift County (09-    November 26, 2010;    Chairman, Tift County
                                     04-7386P).             The Tifton Gazette.   Commission, 225 North
                                                                                  Tift Avenue, Tifton, GA
Mississippi: DeSoto (FEMA Docket    City of Olive Branch   November 2, 2010;     The Honorable Sam Rikard,  March 9, 2011..................       280286
 No.: B-1172).                       (10-04-1806P).         November 9, 2010;     Mayor, City of Olive
                                                            The DeSoto Times-     Branch, 9200 Pigeon
                                                            Tribune.              Roost Road, Olive
                                                                                  Branch, MS 38654.
North Carolina:
    Alamance (FEMA Docket No.: B-   Unincorporated areas   October 27, 2010;     Ms. Linda Massey, Chair,   March 3, 2011..................       370001
     1172).                          of Alamance County     November 3, 2010;     Alamance County Board of
                                     (10-04-6308P).         The Times-News.       Commissioners, 124 West
                                                                                  Elm Street, Graham, NC
    Mecklenburg (FEMA Docket No.:   City of Charlotte (10- October 29, 2010;     The Honorable Anthony      March 7, 2011..................       370159
     B-1172).                        04-7369P).             November 5, 2010;     Foxx, Mayor, City of
                                                            The Charlotte         Charlotte, 600 East 4th
                                                            Observer.             Street, 15th floor,
                                                                                  Charlotte, NC 28202.
    Union (FEMA Docket No.: B-      Unincorporated areas   October 29, 2010;     Mr. Jerry Simpson,         March 7, 2011..................       370234
     1172).                          of Union County (10-   November 5, 2010;     Chairman, Union County
                                     04-7369P).             The Enquirer-         Board of Commissioners,
                                                            Journal.              500 North Main Street,
                                                                                  Monroe, NC 28112.
South Carolina: Dorchester (FEMA    Unincorporated areas   November 3, 2010;     Mr. Larry Hargett,         March 10, 2011.................       450068
 Docket No.: B-1177).                of Dorchester County   November 10, 2010;    Chairman, Dorchester
                                     (10-04-7426P).         The Post and          County Council, 201
                                                            Courier.              Johnson Street, St.
                                                                                  George, SC 29477.
South Dakota:
    Lawrence (FEMA Docket No.: B-   City of Spearfish (10- November 10, 2010;    The Honorable Jerry        November 3, 2010...............       460046
     1172).                          08-0269P).             November 17, 2010;    Krambeck, Mayor, City of
                                                            The Black Hills       Spearfish, 625 North 5th
                                                            Pioneer.              Street Spearfish, SD
    Minnehaha (FEMA Docket No.: B-  City of Brandon (10-   November 10, 2010;    The Honorable Larry        March 17, 2011.................       460296
     1172).                          08-0604P).             November 17, 2010;    Beesley, Mayor, City of
                                                            The Argus Leader.     Brandon, 304 Main
                                                                                  Avenue, Brandon, SD
    Minnehaha (FEMA Docket No.: B-  Unincorporated areas   November 10, 2010;    Mr. Ken McFarland          March 17, 2011.................       460057
     1172).                          of Minnehaha County    November 17, 2010;    Chairman, Minnehaha
                                     (10-08-0604P).         The Argus Leader.     County Board of
                                                                                  Commissioners, 415 North
                                                                                  Dakota Avenue, Sioux
                                                                                  Falls, SD 57104.

[[Page 40817]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 

    Dated: June 15, 2011
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-17451 Filed 7-11-11; 8:45 am]