2010-8085. 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:

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 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:
Autauga (FEMA Docket No: B-1046)	City of Prattville (07-04-6309P)	February 28, 2009; March 7, 2009; Prattville Progress	The Honorable Jim Byard, Jr., Mayor, City of Prattville, 101 West Main Street, Prattville, AL 36067	February 20, 2009	010002
Madison (FEMA Docket No: B-1042)	Unincorporated areas of Madison County (09-04-0502P)	February 6, 2009; February 13, 2009; Madison County Record	The Honorable Mike Gillespie, Chairman, Madison County Commission, 6994 Courthouse, Room 700, 100 Northside Square, Huntsville, AL 35801	June 15, 2009	010151
Arizona:
Coconino (FEMA Docket No: B-1046)	Unincorporated areas of Coconino County (08-09-1418P)	February 20, 2009; February 27, 2009; Arizona Daily Sun	The Honorable Deb Hill, Chairman, Coconino County Board of Supervisors, 219 East Cherry Avenue, Flagstaff, AZ 86001	June 29, 2009	040019
Maricopa (FEMA Docket No: B-1046)	City of Avondale (08-09-0655P)	March 5, 2009; March 12, 2009; Arizona Business Gazette	The Honorable Marie Lopez, Mayor, City of Avondale, 11465 West Civic Center Drive, Suite 280, Avondale, AZ 85323	July 10, 2009	040038
Maricopa (FEMA Docket No: B-1046)	Unincorporated areas of Maricopa County (08-09-0655P)	March 5, 2009; March 12, 2009; Arizona Business Gazette	The Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th Floor, Phoenix, AZ 85003	July 10, 2009	040037
Maricopa (FEMA Docket No: B-1046)	City of Tolleson (08-09-0655P)	March 5, 2009; March 12, 2009; Arizona Business Gazette	The Honorable Adolfo F. Gamez, Mayor, City of Tolleson, 9555 West Van Buren Street, Tolleson, AZ 85353	July 10, 2009	040055
Maricopa (FEMA Docket No: B-1052)	Town of Cave Creek (09-09-0129P)	February 11, 2009; February 18, 2009; Sonoran News	The Honorable Vincent Francia, Mayor, Town of Cave Creek, 37622 North Cave Creek Road, Cave Creek, AZ 85331	June 18, 2009	040129
California:
San Bernardino (FEMA Docket No: B-1044)	Town of Apple Valley (08-09-1552P)	February 13, 2009; February 20, 2009; Apple Valley News	The Honorable Mark Shoup, Mayor, City of Apple Valley, 14955 Dale Evans Parkway, Apple Valley, CA 92307	June 19, 2009	060752
San Bernardino (FEMA Docket No: B-1044)	City of Hesperia (08-09-1552P)	February 12, 2009; February 19, 2009; Hesperia Resorter	The Honorable Tad Honeycutt, Mayor, City of Hesperia, 9700 7th Avenue, Hesperia, CA 92345	June 19, 2009	060733
San Bernardino (FEMA Docket No: B-1044)	Unincorporated areas of San Bernardino County (08-09-1552P)	February 13, 2009; February 20, 2009; San Bernardino Bulletin	The Honorable Paul Biane, Chairman, San Bernardino County Board of Supervisors, 385 North Arrowhead Avenue, 5th Floor, San Bernardino, CA 92415	June 19, 2009	060270
San Diego (FEMA Docket No: B-1046)	City of National City (08-09-1802P)	March 3, 2009; March 10, 2009; San Diego Union-Tribune	The Honorable Ron Morrison, Mayor, National City, 1243 National City Boulevard, National City, CA 91950	July 8, 2009	060293
Shasta (FEMA Docket No: B-1052)	City of Redding (08-09-0964P)	March 9, 2009; March 16, 2009; Record Searchlight	The Honorable Rick Bosetti, Mayor, City of Redding, P.O. Box 496071, Redding, CA 96001	March 30, 2009	060360
Colorado:
Jefferson (FEMA Docket No: B-1046)	City of Golden (09-08-0184P)	March 5, 2009; March 12, 2009; Golden Transcript	The Honorable Jacob Smith, Mayor, City of Golden, 911 10th Street, Golden, CO 80401	February 27, 2009	080090
Teller (FEMA Docket No: B-1048)	Unincorporated areas of Teller County (08-08-0921P)	March 11, 2009; March 18, 2009; Pikes Peak Courier View	The Honorable James Ignatius, Chairman, Teller County Board of Commissioners, 112 North A Street, Cripple Creek, CO 80813	July 16, 2009	080173
Teller (FEMA Docket No: B-1048)	Town of Woodland Park (08-08-0921P)	March 11, 2009; March 18, 2009; Pikes Peak Courier View	The Honorable Steve Randolph, Mayor, City of Woodland Park, 220 West South Avenue, Woodland Park, CO 80866	July 16, 2009	080175
Weld (FEMA Docket No: B-1052)	Town of Severance (08-08-0702X)	February 20, 2009; February 27, 2009; Greeley Tribune	The Honorable Pierre De Milt, Mayor, Town of Severance, 231 West 4th Avenue, Severance, CO 80546	June 29, 2009	080317
Weld (FEMA Docket No: B-1052)	Unincorporated areas of Weld County (08-08-0702X)	February 20, 2009; February 27, 2009; Greeley Tribune	The Honorable David E. Long, Chairman, Weld County Board of Commissioners, P.O. Box 758, Greeley, CO 80632	June 29, 2009	080266
Florida: Seminole (FEMA Docket No: B-1046)	Unincorporated areas of Seminole County (08-04-6702P)	March 6, 2009; March 13, 2009; Orlando Sentinel	The Honorable Bob Dallari, Chairman, Seminole County Board of Commissioners, 1101 East 1st Street, Sanford, FL 32771	February 25, 2009	120289
Georgia: Columbia (FEMA Docket No: B-1046)	Unincorporated areas of Columbia County (07-04-4253P)	March 1, 2009; March 8, 2009; Columbia County News Times	The Honorable Ron C. Cross, Chairman, Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 30809	July 6, 2009	130059
Idaho:
Ada (FEMA Docket No: B-1042)	Unincorporated areas of Ada County (08-10-0658P)	February 6, 2009; February 13, 2009; Idaho Statesman	The Honorable Fred Tilman, Chairman, Ada County Board of Commissioners, 200 West Front Street, Boise, ID 83702	June 15, 2009	160001
Ada (FEMA Docket No: B-1042)	City of Meridian (08-10-0658P)	February 6, 2009; February 13, 2009; Idaho Statesman	The Honorable Tammy de Weerd, Mayor, City of Meridian, Meridian City Hall, Suite 300, 33 East Broadway Avenue, Meridian, ID 83702	June 15, 2009	160180
Blaine (FEMA Docket No: B-1046)	Unincorporated areas of Blaine County (09-10-0141P)	March 11, 2009; March 18, 2009; Idaho Mountain Express	The Honorable Tom Bowman, Chairman, Blaine County Board of Commissioners, 206 First Avenue South, Suite 300, Hailey, ID 83333	February 27, 2009	165167
Blaine (FEMA Docket No: B-1046)	City of Hailey (09-10-0141P)	March 11, 2009; March 18, 2009; Idaho Mountain Express	The Honorable Rick Davis, Mayor, City of Hailey, 115 Main Street South, Suite H, Hailey, ID 83333	February 27, 2009	160022
Indiana: Hamilton (FEMA Docket No: B-1044)	City of Carmel (08-05-5476P)	February 26, 2009; March 5, 2009; Noblesville Ledger	The Honorable James Brainard, Mayor, City of Carmel, One Civic Square, Carmel, IN 46032	July 6, 2009	180081
Iowa: Dubuque (FEMA Docket No: B-1042)	Unincorporated areas of Dubuque County (08-07-0804P)	February 6, 2009; February 13, 2009; Telegraph Herald	The Honorable Donna Smith, Supervisor, Dubuque County Board of Supervisors, 720 Central Avenue, Dubuque, IA 52001	June 15, 2009	190534
Louisiana:
East Baton Rouge (FEMA Docket No: B-1046)	Unincorporated areas of East Baton Rouge Parish (08-06-2569P)	February 11, 2009; February 18, 2009; The Advocate	The Honorable Melvin Holden, Mayor, East Baton Rouge Parish, 222 Saint Louis Street, 3rd Floor, Baton Rouge, LA 70802	June 18, 2009	220058
East Baton Rouge (FEMA Docket No: B-1046)	City of Zachary (08-06-2569P)	February 12, 2009; February 19, 2009; Zachary Plainsman	The Honorable Henry J. Martinez, Mayor, City of Zachary, 4700 Main Street, Zachary, LA 70791	June 18, 2009	220061
Maine: Cumberland (FEMA Docket No: B-1042)	Town of Falmouth (09-01-0124P)	February 6, 2009; February 13, 2009; Portland Press Herald	The Honorable William Armitage, Chair, Falmouth Town Council, 271 Falmouth Road, Falmouth, ME 04105	June 15, 2009	230045
Missouri: Clay, Platte, and Jackson (FEMA Docket No: B-1042)	City of Kansas City (08-07-0725P)	February 12, 2009; February 19, 2009; The Daily Record	The Honorable Mark W. Funkhouser, Mayor, City of Kansas City, City Hall, 29th Floor, 414 East 12th Street, Kansas City, MO 64106	June 19, 2009	290173
Nevada: Clark (FEMA Docket No: B-1044)	Unincorporated areas of Clark County (09-09-0318P)	February 20, 2009; February 27, 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 29, 2009	320003
New Mexico: Sandoval (FEMA Docket No: B-1042)	City of Rio Rancho (08-06-3060P)	February 6, 2009; February 13, 2009; The Albuquerque Journal	The Honorable Thomas E. Swisstack, Mayor, City of Rio Rancho, 3200 Civic Center Circle Northeast, Rio Rancho, NM 87144	June 15, 2009	350146
Montana: Stillwater (FEMA Docket No: B-1055)	Unincorporated areas of Stillwater County (07-08-0854P)	July 17, 2008; July 24, 2008; Stillwater County News	The Honorable Dennis R. Hoyem, Chairman, Stillwater County Board of Commissioners, P.O. Box 970, Columbus, MT 59019	November 24, 2008	300078
North Carolina: Guilford (FEMA Docket No: B-1046)	City of Greensboro (09-04-0087P)	March 6, 2009; March 13, 2009; Greensboro News & Record	The Honorable Yvonne J. Johnson, Mayor, City of Greensboro, P.O. Box 3136, Greensboro, NC 27402	July 13, 2009	375351
Ohio: Lorain (FEMA Docket No: B-1048)	City of Avon Lake (08-05-5004P)	March 12, 2009; March 19, 2009; Morning Journal	The Honorable Karl J. Zuber, Mayor, City of Avon Lake, 150 Avon Belden Road, Avon Lake, OH 44012	February 27, 2009	390602
South Carolina: Jasper (FEMA Docket No: B-1046)	Unincorporated areas of Jasper County (08-04-5295P)	March 4, 2009; March 11, 2009; Jasper County Sun	The Honorable Dr. George Hood, Chairman, Jasper County Council, P.O. Box 1149, Ridgeland, SC 29936	July 9, 2009	450112
Tennessee: Nashville and Davidson (FEMA Docket No: B-1044)	Metropolitan Government of Nashville and Davidson County (08-04-5048P)	February 6, 2009; February 13, 2009; The Tennessean	The Honorable Karl Dean, Mayor, Metropolitan Government of Nashville and Davidson County, 100 Metro Courthouse, Nashville, TN 37201	June 16, 2009	470040
Texas:
Bexar (FEMA Docket No: B-1046)	Unincorporated areas of Bexar County (09-06-0762P)	March 6, 2009; March 13, 2009; Daily Commercial Recorder	The Honorable Nelson W. Wolff, Bexar County Judge, 100 Dolorosa Street, Suite 120, San Antonio, TX 78205	July 13, 2009	480035
Brazos (FEMA Docket No: B-1042)	City of Bryan (08-06-2045P)	February 12, 2009; February 19, 2009; Bryan-College Station Eagle	The Honorable Mark Conlee, Mayor, City of Bryan, 300 South Texas Avenue, Bryan, TX 77803	June 19, 2009	480082
Collin (FEMA Docket No: B-1042)	City of Frisco (09-06-0212P)	February 6, 2009; February 13, 2009; Frisco Enterprise	The Honorable Maher Maso, Mayor, City of Frisco, 6101 Frisco Square Boulevard, Frisco, TX 75034	June 15, 2009	480134
Denton (FEMA Docket No: B-1046)	Town of Copper Canyon (09-06-0214P)	March 2, 2009; March 9, 2009; Denton Record-Chronicle	The Honorable Sue Tejml, Mayor, Town of Copper Canyon, 400 Woodland Drive, Copper Canyon, TX 75077	February 25, 2009	481508
Guadalupe (FEMA Docket No: B-1042)	City of Cibolo (08-06-2221P)	February 12, 2009; February 19, 2009; Seguin Gazette-Enterprise	The Honorable Johnny Sutton, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108	June 18, 2009	480267
Guadalupe (FEMA Docket No: B-1042)	Unincorporated areas of Guadalupe County (08-06-2221P)	February 12, 2009; February 19, 2009; Seguin Gazette-Enterprise	The Honorable Mike Wiggins, Guadalupe County Judge, 307 West Court Street, Seguin, TX 78155	June 18, 2009	480266
Tarrant (FEMA Docket No: B-1052)	City of Fort Worth (09-06-0411P)	March 3, 2009; March 10, 2009; Fort Worth Star-Telegram	The Honorable Michael J. Moncrief, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102	February 23, 2009	480596
Tarrant (FEMA Docket No: B-1052)	City of Southlake (09-06-0528P)	March 3, 2009; March 10, 2009; Fort Worth Star-Telegram	The Honorable Andy Wambsganss, Mayor, City of Southlake, 1400 Main Street, Suite 270, Southlake, TX 76092	February 20, 2009	480612
Webb (FEMA Docket No: B-1044)	City of Laredo (08-06-2454P)	February 6, 2009; February 13, 2009; Laredo Morning Times	The Honorable Raul G. Salinas, Mayor, City of Laredo, 1110 Houston Street, Laredo, TX 78040	June 15, 2009	480651
Webb (FEMA Docket No: B-1044)	Unincorporated areas of Webb County (08-06-2740P)	February 6, 2009; February 13, 2009; Laredo Morning Times	The Honorable Danny Valdez, Webb County Judge, Webb County Courthouse, 1000 Houston Street, 3rd Floor, Laredo, TX 78040	June 15, 2009	481059
Utah:
Salt Lake (FEMA Docket No: B-1044)	City of Riverton (08-08-0716P)	February 12, 2009; February 19, 2009; Salt Lake Tribune	The Honorable Bill Applegarth, Mayor, City of Riverton, 12765 South 1400 West, Riverton, UT 84065	June 19, 2009	490104
Salt Lake (FEMA Docket No: B-1044)	City of South Jordan (08-08-0716P)	February 12, 2009; February 19, 2009; Salt Lake Tribune	The Honorable William Kent Money, Mayor, City of South Jordan, 1600 West Towne Center Drive, South Jordan, UT 84095	June 19, 2009	490107
Virginia: Fauquier (FEMA Docket No: B-1046)	Unincorporated areas of Fauquier County (08-03-1792P)	March 5, 2009; March 12, 2009; Fauquier Times-Democrat	The Honorable R. Holder Trumbo, Jr., Chairman, Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186	July 10, 2009	510055
Wisconsin:
Dane (FEMA Docket No: B-1046)	City of Sun Prairie (08-05-1760P)	March 12, 2009; March 19, 2009; The Star	The Honorable Joe Chase, Mayor, City of Sun Prairie, 300 East Main Street, Sun Prairie, WI 53590	February 27, 2009	550573
Waukesha (FEMA Docket No: B-1044)	Unincorporated areas of Waukesha County (08-05-4338P)	February 12, 2009; February 19, 2009; Waukesha Freeman	The Honorable James T. Dwyer, Chairman, Waukesha County Board of Supervisors, 515 West Moreland Boulevard, Waukesha, WI 53188	June 19, 2009	550476

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

Dated: March 18, 2010.

Edward L. Connor,

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