2011-9558. 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, [phone], or (e-mail) [e-mail].

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.

§ 65.4

[Amended]

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

State and county	Location and case No.	Date and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Idaho:
Ada (FEMA Docket No.: B-1143)	Unincorporated areas of Ada County (10-10-0170P)	May 27, 2010; June 3, 2010; The Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702	September 1, 2010	160001
Valley (FEMA Docket No.: B-1143)	Unincorporated areas of Valley County (10-10-0010P)	April 15, 2010; April 22, 2010; The Star-News	The Honorable Jerry Winkle, Chairman, Valley County Board of Commissioners, P.O. Box 1350, Cascade, ID 83611	August 21, 2010	160220
Indiana:
Hamilton (FEMA Docket No.: B-1143)	City of Noblesville (10-05-3162P)	April 15, 2010; April 22, 2010; The Indianapolis Star	The Honorable John Ditslear, Mayor, City of Noblesville, 16 South 10th Street, Suite 150, Noblesville, IN 46060	August 20, 2010	180082
Tippecanoe (FEMA Docket No.: B-1143)	City of Lafayette (10-05-3321P)	May 27, 2010; June 3, 2010; Journal and Courier	The Honorable Tony Roswarski, Mayor, City of Lafayette, 20 North 6th Street, Lafayette, IN 47901	May 18, 2010	180253
Iowa:
Black Hawk (FEMA Docket No.: B-1143)	City of Cedar Falls (10-07-0506P)	July 8, 2010; July 15, 2010; The Waterloo Courier	The Honorable Jon Crews, Mayor, City of Cedar Falls, 220 Clay Street, Cedar Falls, IA 50613	November 12, 2010	190017
Polk (FEMA Docket No.: B-1143)	City of Des Moines (09-07-1717P)	May 27, 2010; June 3, 2010; Des Moines Register	The Honorable Franklin Cownie, Mayor, City of Des Moines, 675 Harwood Drive, Des Moines, IA 50312	October 1, 2010	190227
Kansas: Johnson (FEMA Docket No.: B-1143)	City of Overland Park (09-07-1710P)	June 30, 2010; July 7, 2010; Sun Publications	The Honorable Carl Gerlach, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, KS 66212	June 17, 2010	200174
Maine:
Cumberland (FEMA Docket No.: B-1143)	Town of Harpswell (09-01-1532P)	July 12, 2010; July 19, 2010; The Times Record	The Honorable James S. Henderson, Chairman, Board of Selectmen, P.O. Box 39, Harpswell, ME 04079	June 24, 2010	230169
York (FEMA Docket No.: B-1143)	Town of Hollis (10-01-0538P)	July 13, 2010; July 20, 2010; The Smart Shopper	Mr. Stuart B. Gannett, Sr., Chairman, Board of Selectmen, 34 Town Farm Road, P.O. Box 9, Hollis, ME 04042	November 17, 2010	230150
Massachusetts: Barnstable (FEMA Docket No.: B-1143)	Town of Falmouth (09-01-1590P)	May 21, 2010; May 28, 2010; Falmouth Enterprise	Mr. Robert L. Whritenour, Jr., Town of Falmouth Manager, 59 Town Hall Square, Falmouth, MA 02540	August 26, 2010	255211
Michigan:
Macomb (FEMA Docket No.: B-1143)	Township of Washington (10-05-4289P)	July 7, 2010; July 14, 2010; The Romeo Observer	Mr. Dan O'Leary, Board Supervisor, 57900 Van Dyke Road, Washington, MI 48094	June 29, 2010	260447
Oakland (FEMA Docket No.: B-1143)	City of Novi (10-05-0812P)	May 6, 2010; May 13, 2010; The Novi News	The Honorable David Landry, Mayor, City of Novi, 45175 West Ten Mile Road, Novi, MI 48375	May 24, 2010	260175
Missouri: Cole (FEMA Docket No.: B-1143)	City of Jefferson City (10-07-0593P)	August 19, 2010; August 26, 2010; News Tribune	The Honorable John Landwehr, Mayor, City of Jefferson City, 320 East McCarty Street, Jefferson City, MO 65101	December 24, 2010	290108
Nebraska: Lancaster (FEMA Docket No.: B-1143)	City of Lincoln (10-07-0761P)	June 3, 2010; June 10, 2010; The Lincoln Journal Star	The Honorable Chris Beutler, Mayor, City of Lincoln, 555 South 10th Street, Suite 301, Lincoln, NE 68508	October 8, 2010	315273
New Hampshire:
Hillsborough (FEMA Docket No.: B-1143)	Town of Pelham (09-01-1526P)	June 18, 2010; June 25, 2010; The Lowell Sun	The Honorable Douglas Viger, Chairman, Board of Selectmen, 6 Village Green, Pelham, NH 03076	July 6, 2010	330100
Hillsborough (FEMA Docket No.: B-1143)	Town of Pelham (09-01-1526P)	June 21, 2010; June 28, 2010; The Pelham-Windham News	The Honorable Douglas Viger, Chairman, Board of Selectmen, 6 Village Green, Pelham, NH 03076	July 6, 2010	330100
Vermont:
Windham (FEMA Docket No.: B-1143)	Town of Wilmington (10-01-0925P)	June 14, 2010; June 21, 2010; Brattleboro Reformer	The Honorable Thomas P. Consolino, Chair, Selectboard, P.O. Box 217, Wilmington, VT 05363	June 2, 2010	500142
Windham (FEMA Docket No.: B-1143)	Town of Wilmington (10-01-0925P)	June 17, 2010; June 24, 2010; The Deerfield Valley News	The Honorable Thomas P. Consolino, Chair, Selectboard, P.O. Box 217, Wilmington, VT 05363	June 2, 2010	500142
Virginia: Independent City of Fairfax (FEMA Docket No.: B-1143)	City of Fairfax (10-03-0412P)	June 14, 2010; June 21, 2010; The Washington Times	The Honorable Robert F. Lederer, Mayor, City of Fairfax, Fairfax City Hall, 10455 Armstrong Street, Fairfax, VA 22030	October 19, 2010	515524
Wisconsin:
Dane (FEMA Docket No.: B-1143)	Village of Black Earth (10-05-1272P)	May 20, 2010; May 27, 2010; The News-Sickle-Arrow	The Honorable Patrick Troge, President, Village of Black Earth, 1525 Riverview Drive, Black Earth, WI 53515	September 24, 2010	550079
Dane (FEMA Docket No.: B-1143)	Unincorporated areas of Dane County (10-05-1272P)	May 20, 2010; May 27, 2010; The Wisconsin State Journal	Ms. Kathleen Falk, County Executive, 210 Martin Luther King Jr. Boulevard, Room 116, City-County Building, Madison, WI 53703	September 24, 2010	550077
Green Lake (FEMA Docket No.: B-1143)	Village of Marquette (10-05-1858P)	April 8, 2010; April 15,2010; The Berlin Journal Newspaper	Mr. Howard Sell, District 6, County Board Supervisor, N3415 Highway 72, Markesan, WI 53946	March 29, 2010	550170
Jefferson (FEMA Docket No.: B-1143)	Unincorporated areas of Jefferson County (10-05-0806P)	April 29, 2010; May 6, 2010; Daily Jefferson County Union	Ms. Sharon L. Schmeling. Chairperson, Jefferson County Board, 320 South Main Street, Room 201, Jefferson, WI 53549	September 3, 2010	550191
Waukesha (FEMA Docket No.: B-1143)	Unincorporated areas of Waukesha County (10-05-0806P)	April 29, 2010; May 6, 2010; Lake County Reporter & Milwaukee Journal Sentinel	Mr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 230, Waukesha, WI 53188	September 3, 2010	550476
Waukesha (FEMA Docket No.: B-1143)	Unincorporated areas of Waukesha County (10-05-0802P)	April 29, 2010, May 6, 2010, Lake County Reporter & Milwaukee Journal Sentinel	Mr. Daniel P. Vrakas, County Executive, 515 West Moreland Boulevard, Room 230, Waukesha, WI 53188	September 3, 2010	550476
St. Croix (FEMA Docket No.: B-1143)	Unincorporated ares of St. Croix County (10-05-1230P)	May 27, 2010; June 3, 2010; The River Falls Journal	Mr. Daryl Standafer, Chairman, St. Croix County, 1101 Carmichael Road, Hudson, WI 54016	October 1, 2010	555578
St. Croix (FEMA Docket No.: B-1143)	City of River Falls (10-05-1230P)	May 27, 2010; June 3, 2010; The River Falls Journal	The Honorable Don Richards, Mayor, City of River Falls, 106 North Wasson Lane, River Falls, WI 54022	October 1, 2010	550330

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: April 11, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.