[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Rules and Regulations]
[Pages 20997-20999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8402]



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) 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 BFEs have been published in 
newspapers of local circulation and ninety (90) days have elapsed since 
that publication. The Deputy Associate Administrator for Mitigation 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.
    Yavapai (FEMA Docket No.: B-    Town of Clarkdale (11- August 3, 2011;       The Honorable Doug Von     December 8, 2011...............       040095
     1225).                          09-1419P).             August 10, 2011;      Gausig, Mayor, Town of
                                                            The Verde             Clarkdale, 39 North 9th
                                                            Independent.          Street, Clarkdale, AZ
    Alameda (FEMA Docket No.: B-    City of Fremont (11-   August 25, 2011;      The Honorable Bob          August 16, 2011................       065028
     1225).                          09-0580P).             September 1, 2011;    Wasserman, Mayor, City
                                                            The Argus.            of Fremont, 3300 Capitol
                                                                                  Avenue, Fremont, CA
    San Luis Obispo (FEMA Docket    City of Morro Bay (10- August 16, 2011;      The Honorable William      December 21, 2011..............       060307
     No.: B-1225).                   09-3119P).             August 23, 2011;      Yates, Mayor, City of
                                                            The Tribune.          Morro Bay, 595 Harbor
                                                                                  Street, Morro Bay, CA

[[Page 20998]]

    Jefferson (FEMA Docket No.: B-  City of Lakewood (11-  August 25, 2011;      The Honorable Bob Murphy,  August 16, 2011................       085075
     1225).                          08-0637P).             September 1, 2011;    Mayor, City of Lakewood,
                                                            The Golden            Lakewood Civic Center
                                                            Transcript.           South, 480 South Allison
                                                                                  Parkway, Lakewood, CO
    Larimer (FEMA Docket No.: B-    Unincorporated areas   September 8, 2011;    The Honorable Tom          September 29, 2011.............       080101
     1231).                          of Larimer County      September 15, 2011;   Donnelly, Chairman,
                                     (11-08-0189P).         The Fort Collins      Larimer County Board of
                                                            Coloradoan.           Commissioners, 200 West
                                                                                  Oak Street, 2nd Floor,
                                                                                  Fort Collins, CO 80522.
    Broward (FEMA Docket No.: B-    Town of Hillsboro      June 28, 2011; July   The Honorable Dan Dodge,   June 21, 2011..................       120040
     1231).                          Beach (11-04-3579P).   5, 2011; The Sun-     Mayor, Town of Hillsboro
                                                            Sentinel.             Beach, 1210 Hillsboro
                                                                                  Mile, Hillsboro Beach,
                                                                                  FL 33062.
    Lake (FEMA Docket No.: B-1225)  Unincorporated areas   August 12, 2011;      The Honorable Jennifer     December 19, 2011..............       120421
                                     of Lake County (11-    August 19, 2011;      Hill, Chair, Lake County
                                     04-4633P).             The Daily             Board of, Commissioners,
                                                            Commercial.           315 West Main Street,
                                                                                  Tavares, FL 32778.
     Orange (FEMA Docket No.: B-    City of Orlando (11-   June 30, 2011; July   The Honorable Buddy Dyer,  November 4, 2011...............       120186
     1231).                          04-2561P).             7, 2011; The          Mayor, City of Orlando,
                                                            Orlando Weekly.       400 South Orange Avenue,
                                                                                  3rd Floor, Orlando, FL
    Sumter (FEMA Docket No.: B-     Unincorporated areas   September 8, 2011;    The Honorable Don          August 30, 2011................       120296
     1231).                          of Sumter County (11-  September 15, 2011;   Burgess, Chairman,
                                     04-6000P).             The Sumter County     Sumter County Board of
                                                            Times.                Commissioners, 7375
                                                                                  Powell Road, Wildwood,
                                                                                  FL 34785.
    Volusia (FEMA Docket No.: B-    Unincorporated areas   August 1, 2011;       Mr. James Dinneen,         December 6, 2011...............       125155
     1219).                          of Volusia County      August 8, 2011; The   Volusia County Manager,
                                     (11-04-5578X).         Beacon.               123 West Indiana Avenue,
                                                                                  DeLand, FL 32720.
    Missoula (FEMA Docket No.: B-   Unincorporated areas   July 28, 2011;        The Honorable Bill Carey,  December 2, 2011...............       300048
     1219).                          of Missoula County     August 4, 2011; The   Chairman, Missoula
                                     (11-08-0184P).         Missoula              County Board of
                                                            Independent.          Commissioners, 199 West
                                                                                  Pine Street, Missoula,
                                                                                  MT 59802.
New Jersey:
    Middlesex (FEMA Docket No.: B-  Township of North      August 24, 2011;      The Honorable Francis      December 29, 2011..............       340271
     1225).                          Brunswick (11-02-      August 31, 2011;      Womack III, Mayor,
                                     1340P).                The North and South   Township of North
                                                            Brunswick Sentinel.   Brunswick, 710 Hermann
                                                                                  Road, North Brunswick,
                                                                                  NJ 08902.
    Middlesex (FEMA Docket No.: B-  Township of South      August 24, 2011;      The Honorable Frank        December 29, 2011..............       340278
     1225).                          Brunswick (11-02-      August 31, 2011;      Gambatese, Mayor,
                                     1340P).                The North and South   Township of South
                                                            Brunswick Sentinel.   Brunswick, 540 Ridge
                                                                                  Road, Monmouth Junction,
                                                                                  NJ 08852.
North Carolina:
    Buncombe (FEMA Docket No.: B-   Unincorporated areas   August 24, 2011;      Ms. Wanda Greene,          August 15, 2011................       370031
     1225).                          of Buncombe County     August 31, 2011;      Buncombe County Manager,
                                     (11-04-2928P).         The Asheville         205 College Street,
                                                            Citizen-Times.        Suite 300, Asheville, NC
    Forsyth (FEMA Docket No.: B-    Town of Kernersville   July 21, 2011; July   The Honorable Dawn H.      November 25, 2011..............       370319
     1225).                          (11-04-0470P).         28, 2011; The         Morgan, Mayor, Town of
                                                            Kernersville News     Kernersville, 134 East
                                                            and The Winston-      Mountain Street,
                                                            Salem Journal.        Kernersville, NC 27284.
    Forsyth (FEMA Docket No.: B-    Unincorporated areas   July 21, 2011; July   Mr. J. Dudley Watts, Jr.,  November 25, 2011..............       375349
     1225).                          of Forsyth County      28, 2011; The         Forsyth County Manager,
                                     (11-04-0470P).         Kernersville News     201 North Chestnut
                                                            and The Winston-      Street, Winston-Salem,
                                                            Salem Journal.        NC 27101.
    Oklahoma (FEMA Docket No.: B-   City of Oklahoma City  August 4, 2011;       The Honorable Mick         August 29, 2011................       405378
     1225).                          (10-06-3231P).         August 11, 2011;      Cornett, Mayor, City of
                                                            The Journal Record.   Oklahoma City, 200 North
                                                                                  Walker Avenue, Oklahoma
                                                                                  City, OK 73102.
    Delaware FEMA Docket No.: B-    Township of Haverford  July 5, 2011; July    The Honorable William F.   November 9, 2011...............       420417
     1225).                          (11-03-0098P).         12, 2011; The Daily   Wechsler, President,
                                                            Times.                Township of Haverford
                                                                                  Board of Commissioners,
                                                                                  2325 Darby Road,
                                                                                  Havertown, PA 19083.
South Carolina:
    Dorchester (FEMA Docket No.: B- Unincorporated areas   August 24, 2011;      The Honorable Larry S.     December 29, 2011..............       450068
     1231).                          of Dorchester County   August 31, 2011;      Hargett, Chairman,
                                     (10-04-8306P).         The Summerville       Dorchester County
                                                            Journal Scene.        Council, 201 Johnston
                                                                                  Street, Dorchester, SC
    Spartanburg (FEMA Docket No.:   Unincorporated areas   September 8, 2011;    The Honorable Jeffrey A.   August 30, 2011................       450176
     B-1231).                        of Spartanburg         September 15, 2011;   Horton, Chairman,
                                     County (11-04-4008P).  The Spartanburg       Spartanburg County
                                                            Herald-Journal.       Council, 366 North
                                                                                  Church Street, Suite
                                                                                  1000, Spartanburg, SC
    Tipton (FEMA Docket No.: B-     City of Munford (11-   June 16, 2011; June   The Honorable Dwayne       October 21, 2011...............       470422
     1231).                          04-1663P).             23, 2011; The         Cole, Mayor, City of
                                                            Leader.               Munford, 1397 Munford
                                                                                  Avenue, Munford, TN
    Tipton (FEMA Docket No.: B-     Unincorporated areas   June 16, 2011; June   The Honorable Jeff         October 21, 2011...............       470340
     1231).                          of Tipton County (11-  23, 2011; The         Huffman, Tipton County
                                     04-1663P).             Leader.               Executive, 220 U.S.
                                                                                  Route 51 North, Suite 2,
                                                                                  Covington, TN 38019.

[[Page 20999]]

    Dallas (FEMA Docket No.: B-     City of Garland (11-   August 3, 2011;       The Honorable Ronald E.    July 27, 2011..................       485471
     1225).                          06-2614P).             August 10, 2011;      Jones, Mayor, City of
                                                            The Dallas Morning    Garland, 200 North 5th
                                                            News.                 Street, Garland, TX
    Dallas (FEMA Docket No.: B-     City of Irving (10-06- June 1, 2011; June    The Honorable Herbert A.   October 6, 2011................       480180
     1215).                          0922P).                8, 2011; The Dallas   Gears, Mayor, City of
                                                            Morning News.         Irving, 825 West Irving
                                                                                  Boulevard, Irving, TX
    Denton and Tarrant (FEMA        City of Fort Worth     June 28, 2011; July   The Honorable Betsy        November 2, 2011...............       480596
     Docket No.: B-1225).            (11-06-1407P).         5, 2011; The Fort     Price, Mayor, City of
                                                            Worth Star-Telegram.  Fort Worth, 1000
                                                                                  Throckmorton Street,
                                                                                  Fort Worth, TX 76102.
    Gregg and Harrison (FEMA        City of Longview (11-  August 3, 2011;       The Honorable Jay Dean,    August 25, 2011................       480264
     Docket No.: B-1225).            06-0244P).             August 10, 2011;      Mayor, City of Longview,
                                                            The Longview News-    300 West Cotton Street,
                                                            Journal.              Longview, TX 75601.
    Tarrant (FEMA Docket No.: B-    City of Euless (10-06- March 4, 2011; March  The Honorable Mary Lib     July 11, 2011..................       480593
     1225).                          3064P).                11, 2011; The Fort    Saleh, Mayor, City of
                                                            Worth Star-Telegram.  Euless, 201 North Ector
                                                                                  Drive, Euless, TX 76039.
    Tarrant (FEMA Docket No.: B-    City of Keller (11-06- July 14, 2011; July   The Honorable Pat          July 7, 2011...................       480602
     1225).                          0636P).                21, 2011; The Fort    McGrail, Mayor, City of
                                                            Worth Star-Telegram.  Keller, 1100 Bear Creek
                                                                                  Parkway, Keller, TX
    Tarrant (FEMA Docket No.: B-    City of North          July 14, 2011; July   The Honorable Oscar        July 7, 2011...................       480607
     1225).                          Richland Hills (11-    21, 2011; The Fort    Trevino, Jr., P.E.,
                                     06-0636P).             Worth Star-Telegram.  Mayor, City of North
                                                                                  Richland Hills, 7301
                                                                                  Northeast Loop 820,
                                                                                  North Richland Hills, TX
    Williamson (FEMA Docket No.: B- Unincorporated areas   July 27, 2011;        The Honorable Dan A.       December 2, 2011...............       481079
     1225).                          of Williamson County   August 3, 2011; The   Gattis, Williamson
                                     (10-06-3690P).         Williamson County     County Judge, 710 South
                                                            Sun.                  Main Street, Suite 101,
                                                                                  Georgetown, TX 78626.

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

    Dated: March 13, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2012-8402 Filed 4-6-12; 8:45 am]