2011-17451. 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.
Alabama:
Calhoun (FEMA Docket No.: B-1165)	City of Oxford (10-04-2692P)	October 22, 2010; October 29, 2010; The Anniston Star	The Honorable Leon Smith, Mayor, City of Oxford, P.O. Box 3383, Oxford, AL 36203	February 28, 2011	010023
Calhoun (FEMA Docket No.: B-1165)	Unincorporated areas of Calhoun County (10-04-2692P)	October 22, 2010; October 29, 2010; The Anniston Star	Mr. James “Pappy” Dunn, Commissioner, Calhoun County, 1702 Noble Street, Suite 103, Anniston, AL 36201	February 28, 2011	010013
Arizona:
Pinal (FEMA Docket No.: B-1172)	City of Casa Grande (10-09-1532P)	November 12, 2010; November 19, 2010; The Casa Grande Dispatch	The Honorable Robert M. Jackson, Mayor, City of Casa Grande, 510 East Florence Boulevard, Casa Grande, AZ 85122	November 5, 2010	040080
Pinal (FEMA Docket No.: B-1172)	City of Maricopa (10-09-2020P)	November 4, 2010; November 11, 2010; The Casa Grande Dispatch	The Honorable Anthony Smith, Mayor, City of Maricopa, 45145 West Madison Avenue, Maricopa, AZ 85139	March 11, 2011	040052
Pinal (FEMA Docket No.: B-1172)	Unincorporated areas of Pinal County (10-09-2020P)	November 4, 2010; November 11, 2010; The Casa Grande Dispatch	Mr. Pete Rios, Chairman, Pinal County Board of Supervisors, P.O. Box, 827 Florence, AZ 85132	March 11, 2011	040077
Yavapai (FEMA Docket No.: B-1172)	Unincorporated areas of Yavapai County (10-09-0470P)	November 10, 2010; November 17, 2010; The Daily Courier	Ms. Carol Springer, Chair, Yavapai County Board of Supervisors, 1015 Fair Street Prescott, AZ 86305	March 17, 2011	040093
California: Contra Costa (FEMA Docket No.: B-1177)	City of Oakley (10-09-3624P)	December 8, 2010; December 15, 2010; The Contra Costa Times	The Honorable Jim Frazier Mayor, City of Oakley, 3231 Main Street Oakley, CA 94561	December 24, 2010	060766
Colorado: Jefferson (FEMA Docket No.: B-1177)	City of Lakewood (11-08-0033P)	December 9, 2010; December 16, 2010; The Golden Transcript	The Honorable Bob Murphy, Mayor, City of Lakewood, 480 South Allison Parkway, Lakewood, CO 80226	December 6, 2010	085075
Florida:
Clay (FEMA Docket No.: B-1177)	Unincorporated areas of Clay County (10-04-6297P)	December 17, 2010; December 24, 2010; The Florida Times-Union	Mr. Travis Cummings, Chairman, Clay County Board of Commissioners, P.O. Box 1366, Green Cove Springs, FL 32043	December 9, 2010	120064
Duval (FEMA Docket No.: B-1177)	City of Jacksonville (10-04-6297P)	December 17, 2010; December 24, 2010; The Florida Times-Union	The Honorable John Peyton, Mayor, City of Jacksonville, 117 West Duval Street, Suite 400 Jacksonville, FL 32202	December 9, 2010	120077
Leon (FEMA Docket No.: B-1172)	Unincorporated areas of Leon County (10-04-8400P)	October 29, 2010; November 5, 2010; The Tallahassee Democrat	Mr. John E. Dailey, Chairman, Leon County Board of Commissioners, 301 South Monroe Street, Tallahassee, FL 32301	March 7, 2011	120143
Okaloosa (FEMA Docket No.: B-1172)	Unincorporated areas of Okaloosa County (10-04-8273P)	November 16, 2010; November 23, 2010; The Northwest Florida Daily News	Mr. James Campbell, Chairman, Okaloosa County Board of Commissioners, 1804 Lewis Turner Boulevard, Suite 100, Fort Walton Beach, FL 32547	November 8, 2010	120173
Georgia:
Barrow (FEMA Docket No.: B-1165)	Unincorporated areas of Barrow County (10-04-4322P)	October 20, 2010; October 27, 2010; The Barrow County News	Mr. Daniel Yearwood, Jr., Chairman, Barrow County Board of Commissioners, 233 East Broad Street, Winder, GA 30680	February 24, 2011	130497
Bryan (FEMA Docket No.: B-1172)	City of Richmond Hill (10-04-6327P)	November 3, 2010; November 10, 2010; The Bryan County News	The Honorable E. Harold, Fowler Mayor, City of Richmond Hill, P.O. Box 250, Richmond Hill, GA 31324	March 10, 2011	130018
Tift (FEMA Docket No.: B-1172)	City of Tifton (09-04-7386P)	November 19, 2010; November 26, 2010; The Tifton Gazette	The Honorable J. G. Cater, Jr., Mayor, City of Tifton, P.O. Box 229, Tifton, GA 31793	March 28, 2011	130171
Tift (FEMA Docket No.: B-1172)	Unincorporated areas of Tift County (09-04-7386P)	November 19, 2010; November 26, 2010; The Tifton Gazette	Mr. Grady Thompson, Chairman, Tift County Commission, 225 North Tift Avenue, Tifton, GA 31794	March 28, 2011	130404
Mississippi: DeSoto (FEMA Docket No.: B-1172)	City of Olive Branch (10-04-1806P)	November 2, 2010; November 9, 2010; The DeSoto Times-Tribune	The Honorable Sam Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	March 9, 2011	280286
North Carolina:
Alamance (FEMA Docket No.: B-1172)	Unincorporated areas of Alamance County (10-04-6308P)	October 27, 2010; November 3, 2010; The Times-News	Ms. Linda Massey, Chair, Alamance County Board of Commissioners, 124 West Elm Street, Graham, NC 27253	March 3, 2011	370001
Mecklenburg (FEMA Docket No.: B-1172)	City of Charlotte (10-04-7369P)	October 29, 2010; November 5, 2010; The Charlotte Observer	The Honorable Anthony Foxx, Mayor, City of Charlotte, 600 East 4th Street, 15th floor, Charlotte, NC 28202	March 7, 2011	370159
Union (FEMA Docket No.: B-1172)	Unincorporated areas of Union County (10-04-7369P)	October 29, 2010; November 5, 2010; The Enquirer-Journal	Mr. Jerry Simpson, Chairman, Union County Board of Commissioners, 500 North Main Street, Monroe, NC 28112	March 7, 2011	370234
South Carolina: Dorchester (FEMA Docket No.: B-1177)	Unincorporated areas of Dorchester County (10-04-7426P)	November 3, 2010; November 10, 2010; The Post and Courier	Mr. Larry Hargett, Chairman, Dorchester County Council, 201 Johnson Street, St. George, SC 29477	March 10, 2011	450068
South Dakota:
Lawrence (FEMA Docket No.: B-1172)	City of Spearfish (10-08-0269P)	November 10, 2010; November 17, 2010; The Black Hills Pioneer	The Honorable Jerry Krambeck, Mayor, City of Spearfish, 625 North 5th Street Spearfish, SD 57783	November 3, 2010	460046
Minnehaha (FEMA Docket No.: B-1172)	City of Brandon (10-08-0604P)	November 10, 2010; November 17, 2010; The Argus Leader	The Honorable Larry Beesley, Mayor, City of Brandon, 304 Main Avenue, Brandon, SD 57005	March 17, 2011	460296
Minnehaha (FEMA Docket No.: B-1172)	Unincorporated areas of Minnehaha County (10-08-0604P)	November 10, 2010; November 17, 2010; The Argus Leader	Mr. Ken McFarland Chairman, Minnehaha County Board of Commissioners, 415 North Dakota Avenue, Sioux Falls, SD 57104	March 17, 2011	460057

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

Dated: June 15, 2011

Sandra K. Knight,

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