[Federal Register Volume 77, Number 3 (Thursday, January 5, 2012)]
[Rules and Regulations]
[Pages 423-425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33772]



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 (email) [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

[[Page 424]]

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 
    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.
    Baldwin (FEMA Docket No.:       City of Orange Beach   June 22, 2011; June   The Honorable Tony         June 14, 2011..................       015011
     B[dash]1211).                   (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
     B[dash]1211).                   (10-04-7862P).         29, 2011; The         Battle, Mayor, City of
                                                            Huntsville Times.     Huntsville, 308 Fountain
                                                                                  Circle, 8th Floor,
                                                                                  Huntsville, AL 35801.
    Maricopa (FEMA Docket No.:      City of Peoria (11-09- June 2, 2011; June    The Honorable Bob          October 7, 2011................       040050
     B[dash]1206).                   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
     B[dash]1206).                   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
     B[dash]1206).                   09-1783P).             3, 2011; The White    Willis, Mayor, Town of
                                                            Mountain              Snowflake, 81 West 1st
                                                            Independent.          South, Snowflake, AZ
    Shasta (FEMA Docket No.:        Unincorporated areas   June 1, 2011; June    The Honorable Les Baugh,   October 6, 2011................       060358
     B[dash]1206).                   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
     B[dash]1206).                   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
Colorado: Douglas (FEMA Docket      Unincorporated areas   July 7, 2011; July    The Honorable Jill         June 30, 2011..................       080049
 No.: B[dash]1219).                  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
Kentucky: Fayette (FEMA Docket      Lexington-Fayette      June 22, 2011; June   The Honorable Jim Gray,    October 27, 2011...............       210067
 No.: B[dash]1211).                  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
 B[dash]1211).                       09-1593P).             30, 2011; The Las     Goodman, Mayor, City of
                                                            Vegas Review-         Las Vegas, 400 Stewart
                                                            Journal.              Avenue, Las Vegas, NV

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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
     B[dash]1206).                   (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
     B[dash]1206).                   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
     B[dash]1206).                   of Buncombe County     20, 2011; The         Buncombe County Manager,
                                     (10-04-2274P).         Asheville Citizen-    205 College Street,
                                                            Times.                Suite 300, Asheville, NC
    Davidson (FEMA Docket No.:      Unincorporated areas   May 6, 2011; May 13,  Mr. Robert Hyatt           September 12, 2011.............       370307
     B[dash]1206).                   of Davidson County     2011; The High        Davidson, County
                                     (10-04-3473P).         Point Enterprise.     Manager, 913 Greensboro
                                                                                  Street, Lexington, NC
    Guilford (FEMA Docket No.:      City of High Point     May 6, 2011; May 13,  The Honorable Rebecca R.   September 12, 2011.............       370113
     B[dash]1206).                   (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
     B[dash]1206).                   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
     B[dash]1209).                   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
     B[dash]1209).                   04-1541P).             9, 2011; The          Dispenziere, Mayor,
                                                            Charlotte Observer    Village of Marvin, 10004
                                                            and The Enquirer-     New Town Road, Marvin,
                                                            Journal.              NC 28173.

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

    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]