2010-12487. 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 in 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:

Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, 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 for 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 these 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.
California: Shasta (FEMA Docket No.: B-1077)	City of Shasta Lake (09-09-0170P)	July 20, 2009; July 27, 2009; Record Searchlight	Ms. Carol Martin, City of Shasta Lake Manager, P.O. Box 777, Shasta Lake, CA 96019	July 10, 2009	060758
Colorado:
El Paso (FEMA Docket No.: B-1077)	City of Colorado Springs (09-08-0556P)	July 8, 2009; July 15, 2009; El Paso County Advertiser and News	The Honorable Lionel Rivera, Mayor, City of Colorado Springs, 30 South Nevada Avenue, Colorado Springs, CO 80903	June 30, 2009	080060
Jefferson (FEMA Docket No.: B-1073)	City of Westminster (09-08-0595P)	July 9, 2009; July 16, 2009; Westminster Window	The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031	November 13, 2009	080008
Florida:
Alachua (FEMA Docket No.: B-1073)	City of Alachua (09-04-0431P)	June 3, 2009; June 10, 2009; The Gainesville Sun	The Honorable Jean Calderwood, Mayor, City of Alachua, P.O. Box 9, Alachua, FL 32616	October 8, 2009	120664
Alachua (FEMA Docket No.: B-1073)	Unincorporated areas of Alachua County (09-04-0431P)	June 3, 2009; June 10, 2009; The Gainesville Sun	The Honorable Mike Byerly, Chairman, Alachua County Board of Commissioners, P.O. Box 2877, Gainesville, FL 32602	October 8, 2009	120001
Collier (FEMA Docket No.: B-1073)	City of Marco Island (09-04-4108P)	July 20, 2009; July 27, 2009; Naples Daily News	Mr. Steven T. Thompson, City of Marco Island Manager, 50 Bald Eagle Drive, Marco Island, FL 34145	July 7, 2009	120426
Lake (FEMA Docket No.: B-1073)	Town of Lady Lake (09-04-2296P)	July 10, 2009; July 17, 2009; Daily Commercial	The Honorable Ruth Kussard, Mayor Pro-Tem, Town of Lady Lake, 409 Fennell Boulevard, Lady Lake, FL 32159	November 16, 2009	120613
Lake (FEMA Docket No.: B-1073)	Unincorporated areas of Lake County (09-04-2296P)	July 10, 2009; July 17, 2009; Daily Commercial	The Honorable Welton G. Cadwell, Chairman, Lake County Board of Commissioners, P.O. Box 7800, Tavares, FL 32778	November 16, 2009	120421
Idaho: Ada (FEMA Docket No.: B-1073)	Unincorporated areas of Ada County (09-10-0029P)	July 24, 2009; July 31, 2009; Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702	July 15, 2009	160001
Illinois:
Douglas (FEMA Docket No.: B-1073)	City of Tuscola (09-05-1421P)	July 15, 2009; July 22, 2009; Tuscola Journal	The Honorable Daniel J. Kleiss, Mayor, City of Tuscola, 214 North Main Street, Tuscola, IL 61953	June 30, 2009	170195
Douglas (FEMA Docket No.: B-1073)	Unincorporated areas of Douglas County (09-05-1421P)	July 15, 2009; July 22, 2009; Tuscola Journal	The Honorable Wayne Schable, Chair, Douglas County Board of Supervisors, P.O. Box 467, Tuscola, IL 61953	June 30, 2009	170194
Maryland: Montgomery (FEMA Docket No.: B-1077)	Unincorporated areas of Montgomery County (09-03-0599P)	July 30, 2009; August 6, 2009; Montgomery County Sentinel	The Honorable Isiah Leggett, Montgomery County Executive, Executive Office Building, 101 Monroe Street, 2nd Floor, Rockville, MD 20850	July 24, 2009	240049
Nevada: Clark (FEMA Docket No.: B-1073)	Unincorporated areas of Clark County (09-09-1287P)	July 9, 2009; July 16, 2009; Las Vegas, Review-Journal	The Honorable Rory Reid, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106	June 25, 2009	320003
North Carolina:
Cabarrus (FEMA Docket No.: B-1073)	City of Kannapolis (08-04-5265P)	July 15, 2009; July 22, 2009; Independent Tribune	The Honorable Robert S. Misenheimer, Mayor, City of Kannapolis, P.O. Box 1199, Kannapolis, NC 28082	July 6, 2009	370469
Cabarrus (FEMA Docket No.: B-1073)	Unincorporated areas of Cabarrus County (08-04-5265P)	July 15, 2009; July 22, 2009; The Charlotte Observer	Mr. John D. Day, Manager, Cabarrus County Governmental Center, P.O. Box 707, Concord, NC 28026	July 6, 2009	370036
Ohio: Lorain (FEMA Docket No.: B-1077)	City of Avon (08-05-2056P)	January 12, 2009; January 19, 2009; Morning Journal	The Honorable James A. Smith, Mayor, City of Avon 36080 Chester Road Avon, OH 44011	December 31, 2008	390348
Oklahoma:
Canadian (FEMA Docket No.: B-1073)	City of Oklahoma City (09-06-0829P)	July 16, 2009; July 23, 2009; The Oklahoman	The Honorable Mick Cornett, Mayor, City of Oklahoma City, 200 North Walker Street, 3rd Floor, Oklahoma City, OK 73102	July 2, 2009	405378
Comanche (FEMA Docket No.: B-1077)	City of Lawton (08-06-1958P)	July 20, 2009; July 27, 2009; Lawton Constitution	The Honorable John Purcell, Mayor, City of Lawton, 3006 Northeast Muse Circle, Lawton, OK 72507	July 15, 2009	400049
Tennessee:
Rutherford (FEMA Docket No.: B-1073)	Town of Smyrna (09-04-2810P)	July 8, 2009; July 15, 2009; Daily News Journal	The Honorable Bobby G. Spivey, Mayor, Town of Smyrna, 315 South Lowry Street, Smyrna, TN 37167	November 12, 2009	470169
Rutherford (FEMA Docket No.: B-1073)	Unincorporated areas of Rutherford County (09-04-3370P)	July 8, 2009; July 15, 2009; Daily News Journal	The Honorable Ernest Burgess, Mayor, Rutherford County, County Courthouse, Room 101, Murfreesboro, TN 37130	November 12, 2009	470165
Wilson (FEMA Docket No.: B-1073)	Unincorporated areas of Wilson County (09-04-3370P)	July 8, 2009; July 15, 2009; Wilson Post	The Honorable Robert Dedman, County Mayor, Wilson County, 228 East Main Street, Lebanon, TN 37087	November 12, 2009	470165
Texas:
Fort Bend (FEMA Docket No.: B-1077)	Fort Bend County L.I.D. #7 (09-06-1930P)	July 23, 2009; July 30, 2009; Fort Bend Sun	The Honorable Epifanio Salazar, Chairman, Board of Directors, Fort Bend County L.I.D. #7, 1300 Post Oak Boulevard, Suite 1400, Houston, TX 77027	July 17, 2009	481594
Fort Bend (FEMA Docket No.: B-1077)	City of Sugar Land (09-06-1930P)	July 23, 2009; July 30, 2009; Fort Bend Sun	The Honorable James A. Thompson, Mayor, City of Sugar Land, P.O. Box 110, Sugar Land, TX 77487	July 17, 2009	480234
Fort Bend (FEMA Docket No.: B-1077)	Unincorporated areas of Fort Bend County (09-06-1930P)	July 23, 2009; July 30, 2009; Fort Bend Sun	The Honorable Robert E. Hebert, PhD, Fort Bend County Judge, 301 Jackson Street, Richmond, TX 77469	July 17, 2009	480228
McLennan (FEMA Docket No.: B-1073)	City of Waco (09-06-0597P)	June 26, 2009; July 3, 2009; Waco Tribune-Herald	The Honorable Virginia DuPuy, Mayor, City of Waco, P.O. Box 2570, Waco, TX 76702	November 2, 2009	480461
McLennan (FEMA Docket No.: B-1073)	Unincorporated areas of McLennan County (09-06-0597P)	June 26, 2009; July 3, 2009; Waco Tribune-Herald	The Honorable Jim Lewis, McLennan County Judge, P.O. Box 1728, Waco, TX 76701	November 2, 2009	480456
Travis (FEMA Docket No.: B-1077)	City of Pflugerville (09-06-0609P)	July 30, 2009 August 6, 2009; Austin American-Statesman	The Honorable Jeff Coleman, Mayor, City of Pflugerville, P.O. Box 589, Pflugerville, TX 78691	December 4, 2009	481028
Travis (FEMA Docket No.: B-1073)	City of Pflugerville (09-06-1373P)	July 23, 2009; July 30, 2009; Pflugerville Pflag	The Honorable Jeff Coleman, Mayor, City of Pflugerville, P.O. Box 589 Pflugerville, TX 78691	November 30, 2009	481028
Travis (FEMA Docket No.: B-1077)	Unincorporated areas of Travis County (09-06-0609P)	July 30, 2009 August 6, 2009; Austin American-Statesman	The Honorable Samuel T. Biscoe, Travis County Judge, 314 West 11th Street, Suite 520, Austin, TX 78701	December 4, 2009	481026
Webb (FEMA Docket No.: B-1077)	City of Laredo (08-06-2270P)	July 10, 2009; July 17, 2009; Laredo Morning Times	The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040	November 16, 2009	480651
Webb (FEMA Docket No.: B-1077)	City of Laredo (08-06-2721P)	July 9, 2009; July 16, 2009; Laredo Morning Times	The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040	November 10, 2009	480651
Webb (FEMA Docket No.: B-1077)	Unincorporated areas of Webb County (09-06-1293P)	August 4, 2009; August 11, 2009; Laredo Morning Times	The Honorable Danny Valdez, Webb County Judge, Webb County Courthouse, 1000 Houston Street, 3rd Floor, Laredo, TX 78040	July 28, 2009	481059
Virginia: Loudoun (FEMA Docket No.: B-1073)	Town of Leesburg (08-03-1561P)	June 24, 2009; July 1, 2009; Loudoun Times-Mirror	The Honorable Kristen C. Umstattd, Mayor, Town of Leesburg, P.O. Box 88, Leesburg, VA 20178	October 29, 2009	510091
Wisconsin:
Dane (FEMA Docket No.: B-1077)	Village of De Forest (09-05-0486P)	July 24, 2009; July 31, 2009; Wisconsin State Journal	The Honorable Jeff Miller, Village President, Village of De Forest, 306 De Forest Street, De Forest, WI 53532	July 15, 2009	550082
Dane (FEMA Docket No.: B-1077)	Unincorporated areas of Dane County (09-05-0486P)	July 24, 2009; July 31, 2009; Wisconsin State Journal	The Honorable Kathleen M. Falk, Dane County Executive, City County Building, Room 118, 210 Martin Luther King, Jr. Boulevard, Madison, WI 53703	July 15, 2009	550077
Wyoming: Sweetwater (FEMA Docket No.: B-1073)	City of Rock Springs (09-08-0320P)	July 14, 2009; July 21, 2009; Rock Springs Daily Rocket-Miner	The Honorable Timothy A. Kaumo, Mayor, City of Rock Springs, 212 D Street, Rock Springs, WY 82901	November 18, 2009	560051

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

Dated: April 30, 2010.

Sandra K. Knight,

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