Changes in Flood Elevation Determinations

Final rule.

CFR Part: "44 CFR Part 65"

Citation: "77 FR 423"

Document Number: "Docket ID FEMA-2011-0002"

Page Number: "423"

"Rules and Regulations"

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 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]

   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:

State and county          Location and case No.     Date and name of                                                     newspaper where notice                                                     was published  Alabama: Baldwin (FEMA Docket No.: City of Orange Beach (11- June 22, 2011; June 29, B-1211)                   04-4328P)                 2011; The Islander Madison (FEMA Docket No.: City of Huntsville (10-   June 22, 2011; June 29, B-1211)                   04-7862P)                 2011; The Huntsville                                                     Times Arizona: Maricopa (FEMA Docket     City of Peoria (11-09-    June 2, 2011; June 9, No.: B-1206)              0647P)                    2011; The Arizona                                                     Business Gazette Maricopa (FEMA Docket     Unincorporated areas of   June 2, 2011; June 9, No.: B-1206)              Maricopa County (11-09-   2011; The Arizona                           0647P)                    Business Gazette Navajo (FEMA Docket No.:  Town of Snowflake (10-09- May 27, 2011; June 3, B-1206)                   1783P)                    2011; The White Mountain                                                     Independent California: Shasta (FEMA Docket No.:  Unincorporated areas of   June 1, 2011; June 8, B-1206)                   Shasta County (10-09-     2011; The Red Bluff Daily                           3227P)                    News Tehama (FEMA Docket No.:  Unincorporated areas of   June 1, 2011; June 8, B-1206)                   Tehama County (10-09-     2011; The Anderson Valley                           3227P)                    Post Colorado: Douglas (FEMA   Unincorporated areas of   July 7, 2011; July 14, Docket No.: B-1219)       Douglas County (11-08-    2011; The Douglas County                           0044P)                    News-Press Kentucky: Fayette (FEMA   Lexington-Fayette Urban   June 22, 2011; June 29, Docket No.: B-1211)       County Government (11-04- 2011; The Lexington                           0368P)                    Herald-Leader Nevada: Clark (FEMA       City of Las Vegas (11-09- June 23, 2011; June 30, Docket No.: B-1211)       1593P)                    2011; The Las Vegas                                                     Review-Journal North Carolina: Alamance (FEMA Docket     City of Burlington (10-   May 6, 2011; May 13, No.: B-1206)              04-4375P)                 2011; The Times-News Alamance (FEMA Docket     Town of Elon (10-04-      May 6, 2011; May 13, No.: B-1206)              4375P)                    2011; The Times-News Buncombe (FEMA Docket     Unincorporated areas of   May 13, 2011; May 20, No.: B-1206)              Buncombe County (10-04-   2011; The Asheville                           2274P)                    Citizen-Times Davidson (FEMA Docket     Unincorporated areas of   May 6, 2011; May 13, No.: B-1206)              Davidson County (10-04-   2011; The High Point                           3473P)                    Enterprise Guilford (FEMA Docket     City of High Point (10-   May 6, 2011; May 13, No.: B-1206)              04-3473P)                 2011; The High Point                                                     Enterprise Madison (FEMA Docket No.: Unincorporated areas of   March 30, 2011; April 6, B-1206)                   Madison County (10-04-    2011; The News-Record &                           8485P)                    Sentinel Union (FEMA Docket No.:   Unincorporated areas of   June 2, 2011; June 9, B-1209)                   Union County (11-04-      2011; The Charlotte                           1541P)                    Observer and The                                                     Enquirer-Journal Union (FEMA Docket No.:   Village of Marvin (11-04- June 2, 2011; June 9, B-1209)                   1541P)                    2011; The Charlotte                                                     Observer and The                                                     Enquirer-Journal

State and county          Chief executive officer   Effective date  Community                           of community              of              No.                                                     modification  Alabama: Baldwin (FEMA Docket No.: The Honorable Tony        June 14, 2011   015011 B-1211)                   Kennon, Mayor, City of                           Orange Beach, 4099 Orange                           Beach Boulevard, Orange                           Beach, AL 36561 Madison (FEMA Docket No.: The Honorable Tommy       October 27,     010153 B-1211)                   Battle, Mayor, City of    2011                           Huntsville, 308 Fountain                           Circle, 8th Floor,                           Huntsville, AL 35801 Arizona: Maricopa (FEMA Docket     The Honorable Bob         October 7, 2011 040050 No.: B-1206)              Barrett, Mayor, City of                           Peoria, 8401 West Monroe                           Street, Peoria, AZ 85345 Maricopa (FEMA Docket     The Honorable Andrew      October 7, 2011 040037 No.: B-1206)              Kunasek, Chairman,                           Maricopa County Board of                           Supervisors, 301 West                           Jefferson Street, 10th                           Floor, Phoenix, AZ 85003 Navajo (FEMA Docket No.:  The Honorable Kelly       October 3, 2011 040070 B-1206)                   Willis, Mayor, Town of                           Snowflake, 81 West 1st                           South, Snowflake, AZ                           85937 California: Shasta (FEMA Docket No.:  The Honorable Les Baugh,  October 6, 2011 060358 B-1206)                   Chairman, Shasta County                           Board of Supervisors,                           1450 Court Street, Suite                           308B, Redding, CA 96001 Tehama (FEMA Docket No.:  The Honorable Gregg       October 6, 2011 065064 B-1206)                   Avilla, Chairman, Tehama                           County Board of                           Supervisors, 727 Oak                           Street, Red Bluff, CA                           96080 Colorado: Douglas (FEMA   The Honorable Jill        June 30, 2011   080049 Docket No.: B-1219)       Repella, Chair, Douglas                           County Board of                           Commissioners, 100 3rd                           Street, Castle Rock, CO                           80104 Kentucky: Fayette (FEMA   The Honorable Jim Gray,   October 27,     210067 Docket No.: B-1211)       Mayor, Lexington-Fayette  2011                           Urban County Government,                           200 East Main Street,                           Lexington, KY 40507 Nevada: Clark (FEMA       The Honorable Oscar B.    June 16, 2011   325276 Docket No.: B-1211)       Goodman, Mayor, City of                           Las Vegas, 400 Stewart                           Avenue, Las Vegas, NV                           89101 North Carolina: Alamance (FEMA Docket     The Honorable Ronnie K.   September 12,   370002 No.: B-1206)              Wall, Mayor, City of      2011                           Burlington, 425 South                           Lexington Avenue,                           Burlington, NC 27216 Alamance (FEMA Docket     The Honorable Jerry R.    September 12,   370411 No.: B-1206)              Tolley, Mayor, Town of    2011                           Elon, 104 South                           Williamson Avenue, Elon,                           NC 27244 Buncombe (FEMA Docket     Ms. Wanda Greene,         September 19,   370031 No.: B-1206)              Buncombe County Manager,  2011                           205 College Street, Suite                           300, Asheville, NC 28801 Davidson (FEMA Docket     Mr. Robert Hyatt          September 12,   370307 No.: B-1206)              Davidson, County Manager, 2011                           913 Greensboro Street,                           Lexington, NC 27292 Guilford (FEMA Docket     The Honorable Rebecca R.  September 12,   370113 No.: B-1206)              Smothers, Mayor, City of  2011                           High Point, 211 South                           Hamilton Street, High                           Point, NC 27261 Madison (FEMA Docket No.: Mr. Steve Garrison,       August 4, 2011  370152 B-1206)                   Madison County Manager, 2                           North Main Street,                           Marshall, NC 28753 Union (FEMA Docket No.:   Ms. Cynthia Coto, Union   October 7, 2011 370234 B-1209)                   County Manager, Union                           County Government Center,                           500 North Main Street,                           Room 918, Monroe, NC                           28112 Union (FEMA Docket No.:   The Honorable Nick        October 7, 2011 370514 B-1209)                   Dispenziere, Mayor,                           Village of Marvin, 10004                           New Town Road, Marvin, NC                           28173

(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