[Federal Register Volume 76, Number 140 (Thursday, July 21, 2011)]
[Rules and Regulations]
[Pages 43603-43604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18349]



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) luis.rodriguez1@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 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:

[[Page 43604]]

                                                             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.
California: Ventura (FEMA Docket    Unincorporated areas   December 24, 2010;    The Honorable Kathy Long,  May 2, 2011....................       060413
 No.: B-1177).                       of Ventura County      December 31,          Chair, Ventura County
                                     (10-09-3055P).         2010;The Ventura      Board of Supervisors,
                                                            County Star.          800 South Victoria
                                                                                  Avenue, Ventura, CA
    Douglas (FEMA Docket No.: B-    Town of Parker (10-08- December 23, 2010;    The Honorable David        April 29, 2011.................       080310
     1186).                          0769P).                December 30, 2010;    Casiano, Mayor, Town of
                                                            The Douglas County    Parker, 20120 East Main
                                                            News-Press.           Street, Parker, CO 80138.
    Douglas (FEMA Docket No.: B-    Unincorporated areas   December 23, 2010;    The Honorable Steven A.    April 29, 2011.................       080049
     1186).                          of Douglas County      December 30, 2010;    Boand, Chairman, Douglas
                                     (10-08-0769P).         The Douglas County    County Board of
                                                            News-Press.           Commissioners, 100 3rd
                                                                                  Street, Castle Rock, CO
    Monroe (FEMA Docket No.: B-     City of Key West (11-  February 9, 2011;     The Honorable Craig        January 31, 2011...............       120168
     1191).                          04-2484X).             February 16 2011;     Cates, Mayor, City of
                                                            The Key West          Key West, 525 Angela
                                                            Citizen.              Street, Key West, FL
    Monroe (FEMA Docket No.: B-     Unincorporated areas   February 9, 2011;     The Honorable Heather      January 31, 2011...............       125129
     1191).                          of Monroe County (11-  February 16 2011;     Carruthers, Mayor,
                                     04-2484X).             The Key West          Monroe County, 1100
                                                            Citizen.              Simonton Street, Key
                                                                                  West, FL 33040.
Georgia: Douglas (FEMA Docket No.:  Unincorporated areas   December 24, 2010;    Mr. Tom Worthan,           May 2, 2011....................       130306
 B-1177).                            of Douglas County      December 31, 2010;    Chairman, Douglas County
                                     (10-04-4871P).         The Douglas County    Board of Commissioners,
                                                            Sentinel.             8700 Hospital Drive,
                                                                                  Douglasville, GA 30134.
Hawaii: Hawaii (FEMA Docket No.: B- Unincorporated areas   January 3, 2011;      The Honorable William P.   May 10, 2011...................       155166
 1191).                              of Hawaii County (10-  January 10, 2011;     Kenoi, Mayor, Hawaii
                                     09-3793P).             The Hawaii Tribune-   County, 25 Aupuni
                                                            Herald.               Street, Hilo, HI 96720.
North Carolina:
    Alamance (FEMA Docket No.: B-   Unincorporated areas   December 16, 2010;    Mr. Craig F. Honeycutt,    April 22, 2011.................       370001
     1186).                          of Alamance County     December 23, 2010;    Alamance County Manager,
                                     (10-04-2172P).         The Times-News.       124 West Elm Street,
                                                                                  Graham, NC 27253.
    Macon (FEMA Docket No.: B-      Town of Franklin (10-  December 15, 2010;    The Honorable Joe Collins  December 8, 2010...............       375350
     1177).                          04-8305P).             December 22, 2010;    Mayor, Town of Franklin,
                                                            The Franklin Press.   P.O. Box 1479, Franklin,
                                                                                  NC 28734.
    Wake (FEMA Docket No.: B-1186)  City of Raleigh (10-   January 6, 2011;      The Honorable Charles      May 13, 2011...................       370243
                                     04-1146P).             January 13, 2011;     Meeker Mayor, City of
                                                            The News & Observer.  Raleigh, P.O. Box 590,
                                                                                  Raleigh, NC 27602.
Tennessee: Sumner (FEMA Docket      City of Gallatin (10-  January 19, 2011;     The Honorable Jo Ann       May 26, 2011...................       470185
 No.: B-1186).                       04-4673P).             January 26, 2011;     Graves Mayor, City of
                                                            The Gallatin          Gallatin, 132 West Main
                                                            Newspaper.            Street, Gallatin, TN
Utah: Washington (FEMA Docket No.:  City of St. George     February 11, 2011;    The Honorable Daniel D.    February 4, 2011...............       490177
 B-1191).                            (11-08-0105P).         Feburary 18, 2011;    McArthur, Mayor, City of
                                                            The Spectrum.         St. George, 175 East 200
                                                                                  North, St. George, UT

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

    Dated: June 30, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-18349 Filed 7-20-11; 8:45 am]