E7-12690. 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:

William R. Blanton, Jr., Engineering Management Section, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

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 Mitigation Division Director of FEMA 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 BFEs 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 to either 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 are also 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.
Alabama: Shelby (FEMA Docket No.: B-7716)	City of Pelham (07-04-1305P)	February 14, 2007; February 21, 2007; Shelby County Reporter	The Honorable Bobby Hayes, Mayor, City of Pelham, P.O. Box 1419, Pelham, AL 35124	May 23, 2007	010193
Arkansas: Benton (FEMA Docket No.: B-7716)	City of Lowell (07-06-0172P)	February 8, 2007; February 15, 2007; Arkansas Democrat Gazette	The Honorable Perry Long, Mayor, City of Lowell, P.O. Box 979, Lowell, AR 72745	May 10, 2007	050342
Colorado:
Adams (FEMA Docket No.: B-7712)	City of Thornton (06-08-B537P)	February 1, 2007; February 8, 2007; Golden Transcript	The Honorable Noel Busck, Mayor, City of Thornton, 9500 Civic Center Drive, Thornton, CO 80229	May 10, 2007	080007
Adams (FEMA Docket No.: B-7712)	Unincorporated areas of Adams County (06-08-B537P)	February 1, 2007; February 8, 2007; Golden Transcript	The Honorable Alice J. Nichol, Chairman, Adams County Board of Commissioners, 450 South Fourth Avenue, Brighton, CO 80601	May 10, 2007	080001
Adams and Jefferson (FEMA Docket No.: B-7712)	City of Westminster (06-08-B537P)	February 1, 2007; February 8, 2007; Golden Transcript	The Honorable Nancy McNally, Mayor, City of Westminster, 4800 West 92nd Avenue, Westminster, CO 80031	May 10, 2007	080008
Broomfield (FEMA Docket No.: B-7712)	City of Broomfield and Unincorporated areas of Broomfield County (06-08-B537P)	February 1, 2007; February 8, 2007; Golden Transcript	The Honorable Karen Stuart, Mayor, City and County of Broomfield, One DesCombes Drive, Broomfield, CO 80020	May 10, 2007	085073
Florida: Miami-Dade (FEMA Docket No.: B-7717)	City of Miami (07-04-1922P)	February 22, 2007; March 1, 2007; Miami New Times	The Honorable Manuel A. Diaz, Mayor, City of Miami, 3500 Pan American Drive, Miami, FL 33133	February 7, 2007	120650
Georgia: Gwinnett (FEMA Docket No.: B-7712)	Unincorporated areas of Gwinnett County (06-04-BY93P)	February 1, 2007; February 8, 2007; Gwinnett Daily Post	The Honorable Charles E. Bannister, Chairman, Gwinnett County Board of Commissioners, 75 Langley Drive, Lawrenceville, GA 30045	May 10, 2007	130322
Maine:
Cumberland (FEMA Docket No.: B-7716)	Town of Gorham (07-01-0160P)	January 18, 2007; January 25, 2007; Portland Press Herald	The Honorable Michael J. Phinney, Chairman, Gorham Town Council, Gorham Municipal Center, 75 South Street, Gorham, ME 04038	April 26, 2007	230047
York (FEMA Docket No.: B-7716)	City of Biddeford (06-01-B015P)	January 11, 2007; January 18, 2007; York County Coast Star	The Honorable Wallace H. Nutting, Mayor, City of Biddeford, 205 Main Street, Biddeford, ME 04005	December 15, 2006	230145
Mississippi:
Rankin (FEMA Docket No.: B-7716)	Pearl River Valley Water Supply District (06-04-BN09P)	February 7, 2007; February 14, 2007; Rankin County News	Mr. Benny French, P.E., PLS, General Manager, Pearl River Valley Water Supply District, P.O. Box 2180, Ridgeland, MS 39158	February 12, 2007	280338
Rankin (FEMA Docket No.: B-7716)	Unincorporated areas of Rankin County (06-04-BN09P)	February 7, 2007; February 14, 2007; Rankin County News	Mr. Norman McLeod, County Administrator, Rankin County, 211 East Government Street, Suite A, Brandon, MS 39042	February 12, 2007	280142
Nevada: Clark (FEMA Docket No.: B-7716)	Unincorporated areas of Clark County (06-09-B934P)	December 14, 2006; December 21, 2006; Las Vegas Review-Journal	The Honorable Rory Reid, Chair, Clark County, Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89106	March 22, 2007	320003
New Mexico: Bernalillo (FEMA Docket No.: B-7712)	City of Albuquerque (07-06-0332P)	February 1, 2007; February 8, 2007; The Albuquerque Journal	The Honorable Martin J. Chavez, Mayor, City of Albuquerque, P.O. Box 1293, Albuquerque, NM 87103	May 10, 2007	350002
North Carolina:
Lee (FEMA Docket No.: B-7716)	City of Sanford (06-04-BM79P)	January 18, 2007; January 25, 2007; The Sanford Herald	The Honorable Cornelia Olive, Mayor, City of Sanford, P.O. Box 3729, Sanford, NC 27331	December 21, 2006	370143
Mecklenburg (FEMA Docket No.: B-7716)	City of Charlotte (06-04-BP55P)	January 18, 2007; January 25, 2007; The Charlotte Observer	The Honorable Patrick McCrory, Mayor, City of Charlotte, 600 East Fourth Street, Charlotte, NC 28202	September 29, 2006	370159
Orange (FEMA Docket No.: B-7716)	Unincorporated areas of Orange County (06-04-BQ22P)	January 17, 2007; January 24, 2007; The Chapel Hill News	The Honorable Barry Jacobs, Chairman, Orange County Board of Commissioners, 2105 Moorefields Road, Hillsborough, NC 27278	February 3, 2007	370342
Oklahoma: Carter North Carolina: Orange (FEMA Docket No.: B-7712)	City or Ardmore (06-06-B689P)	December 21, 2006; December 28, 2006; Daily Ardmoreite	The Honorable Bob Clark, Mayor, City of Ardmore, P.O. Box 249, Ardmore, OK 73401	November 30, 2006	400031
Texas:
Galveston (FEMA Docket No.: B-7712)	City of Hitchcock (06-06-BK83P)	February 1, 2007; February 8, 2007; The Galveston County Daily News	The Honorable Lee A. Sander, Mayor, City of Hitchcock, 7423 Highway 6, Hitchcock, TX 77563	May 10, 2007	485479
Galveston (FEMA Docket No.: B-7712)	City of La Marque (06-06-BK38P)	February 1, 2007; February 8, 2007; The Galveston County Daily News	The Honorable Larry Crow, Mayor, City of La Marque, 1111 Bayou Road, La Marque, TX 77568	May 10, 2007	485486
Hays (FEMA Docket No.: B-7716)	City of San Marcos (06-06-B107P)	January 17, 2007; January 24, 2007; The Free Press	The Honorable Susan Clifford-Narvaiz, Mayor, City of San Marcos, 630 East Hopkins, San Marcos, TX 78666	January 22, 2007	485505
Hays (FEMA Docket No.: B-7716)	Unincorporated areas of Hays County (06-06-B107P)	January 17, 2007; January 24, 2007; The Free Press	The Honorable Jim Powers, Hays County Judge, 111 East San Antonio Street, Suite 300, San Marcos, TX 78666	January 22, 2007	480321
Hood (FEMA Docket No.: B-7716)	City of Granbury (06-06-BG36P)	February 14, 2007; February 21, 2007; Hood County News	The Honorable David Southern, Mayor, City of Granbury, 116 West Bridge Street, Granbury, TX 76048	January 23, 2007	480357
Tarrant (FEMA Docket No.: B-7716)	City of Fort Worth (06-06-BG38P)	October 26, 2006; November 2, 2006; North West Tarrant County Times-Record	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	February 1, 2007	480596
Tarrant (FEMA Docket No.: B-7716)	City of Saginaw (06-06-BG38P)	October 26, 2006; November 2, 2006; North West Tarrant County Times-Record	The Honorable Gary Brinkley, Mayor, City of Saginaw, 333 West McLeroy Boulevard, Saginaw, TX 76179	February 1, 2007	480610
Tarrant (FEMA Docket No.: B-7717)	City of Fort Worth (07-06-0091P)	February 15, 2007; February 22, 2007; Fort Worth Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 761028	May 24, 2007	480596

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

Dated: June 18, 2007.

David I. Maurstad,

Federal Insurance Administrator of the National Flood Insurance Program, Department of Homeland Security, Federal Emergency Management Agency.