[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35682-35684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15235]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2010-0003]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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, 
(202) 646-2820, or (e-mail) [email protected].

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 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 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.

[[Page 35683]]

    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.

0
Accordingly, 44 CFR part 65 is amended to read as follows:

PART 65--[AMENDED]

0
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.


Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer    Effective date of modification   Community
                                                           notice was published         of community                                             No.
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Arizona:
    Maricopa (FEMA Docket No.: B-   Town of Buckeye (09-   November 19, 2009;    The Honorable Jackie A.    March 26, 2010.................       040039
     1096).                          09-0764P).             November 26, 2009;    Meck, Mayor, Town of
                                                            Arizona Business      Buckeye, 530 East Monroe
                                                            Gazette.              Avenue, Buckeye, AZ
                                                                                  85326.
     Maricopa (FEMA Docket No.: B-  Unincorporated areas   November 19, 2009;    The Honorable Andrew W.    March 26, 2010.................       040037
     1096).                          of Maricopa County     November 26, 2009;    Kunasek Chairman,
                                     (09-09-0764P).         Arizona Business      Maricopa County Board of
                                                            Gazette.              Supervisors, 301 West
                                                                                  Jefferson Street, 10th
                                                                                  Floor, Phoenix, AZ 85003.
California:
    San Diego (FEMA Docket No.: B-  Unincorporated areas   November 20, 2009;    The Honorable Dianne       March 29, 2010.................       060284
     1096).                          of San Diego (09-09-   November 27, 2009;    Jacob, Chairwoman, San
                                     1604P).                San Diego             Diego County Board of
                                                            Transcript.           Supervisors, 1600
                                                                                  Pacific Highway, San
                                                                                  Diego, CA 92101.
     Santa Clara (FEMA Docket No.:  City of Santa Clara    October 21, 2009;     The Honorable Patricia M.  February 25, 2010..............       060350
     B-1096).                        (09-09-0375P).         October 28, 2009;     Mahan, Mayor, City of
                                                            Santa Clara Weekly.   Santa Clara, 1500
                                                                                  Warburton Avenue, Santa
                                                                                  Clara, CA 95050.
Colorado:
    Douglas (FEMA Docket No.: B-    Town of Castle Rock    November 12, 2009;    The Honorable Randy A.     March 19, 2010.................       080050
     1096).                          (09-08-0908P).         November 19, 2009;    Reed, Mayor, Town of
                                                            Douglas County News-  Castle Rock, 100 North
                                                            Press.                Wilcox Street, Castle
                                                                                  Rock, CO 80104.
    Douglas (FEMA Docket No.: B-    Unincorporated areas   November 12, 2009;    The Honorable Melanie      March 19, 2010.................       080049
     1096).                          of Douglas County      November 19, 2009;    Worley, Chairman,
                                     (09-08-0908P).         Douglas County News-  Douglas County Board of
                                                            Press.                Commissioners, 100 3rd
                                                                                  Street, Castle Rock, CO
                                                                                  80104.
    Grand (FEMA Docket No.: B-      Town of Fraser.......  November 19, 2009;    The Honorable Fran Cook,   March 26, 2010.................       080073
     1096).                         (10-08-0009P)........   November 26, 2009;    Mayor, Town of Fraser,
                                                            Middle Park Times.    P.O. Box 370 Fraser, CO
                                                                                  80442.
    Grand (FEMA Docket No.: B-      Unincorporated areas   November 19, 2009;    The Honorable Gary         March 26, 2010.................       080280
     1096).                          of Grand County (10-   November 26, 2009;    Bumgarner, Chairman,
                                     08-0009P).             Middle Park Times.    Grand County Board of
                                                                                  Commissioners P.O. Box
                                                                                  264, Hot Sulphur
                                                                                  Springs, CO 80451.
    Teller (FEMA Docket No.: B-     Unincorporated areas   November 4, 2009;     The Honorable James        March 11, 2010.................       080173
     1096).                          of Teller County (09-  November 11, 2009;    Ignatius, Chairman,
                                     08-0500P).             Pikes Peak Courier    Teller County Board of
                                                            View.                 Commissioners P.O. Box
                                                                                  959, Cripple Creek, CO
                                                                                  80813.
    Teller (FEMA Docket No.: B-     City of Woodland Park  November 4, 2009;     The Honorable Steve        March 11, 2010.................       080175
     1096).                          (09-08-0500P).         November 11, 2009;    Randolph, Mayor, City of
                                                            Pikes Peak Courier    Woodland Park, 220 West
                                                            View.                 South Avenue, Woodland
                                                                                  Park, CO 80866.
Illinois:
    Will (FEMA Docket No.: B-1096)  Village of Plainfield  November 30, 2009;    The Honorable Michael P.   December 21, 2009..............       170771
                                     (08-05-4590P).         December 7, 2009;     Collins, President,
                                                            Herald-News.          Village of Plainfield,
                                                                                  24401 West Lockport
                                                                                  Street, Plainfield, IL
                                                                                  60544.
    Will (FEMA Docket No.: B-1096)  Unincorporated areas   November 30, 2009;    The Honorable Lawrence M.  December 21, 2009..............       170695
                                     of Will County (08-    December 7, 2009;     Walsh, Executive, Will
                                     05-4590P).             Herald-News.          County, 302 North
                                                                                  Chicago Street, Joliet,
                                                                                  IL 60432.
Louisiana: Livingston (FEMA Docket  Unincorporated areas   November 10, 2009;    The Honorable Mike         March 17, 2010.................       220113
 No.: B-1096).                       of Livingston Parish   November 17, 2009;    Grimmer, President,
                                     (09-06-0692P).         The Advocate.         Livingston Parish, P.O.
                                                                                  Box 427 Livingston, LA
                                                                                  70754.
Minnesota: Anoka (FEMA Docket No.:  City of Ramsey (09-05- November 20, 2009;    The Honorable Thomas G.    December 14, 2009..............       270681
 B-1096).                            4652P).                November 27, 2009;    Gamec, Mayor, City of
                                                            Anoka County Union.   Ramsey, 7550 Sunwood
                                                                                  Drive Northwest, Ramsey,
                                                                                  MN 55303.
Nevada: Lyon (FEMA Docket No.: B-   Unincorporated areas   November 18, 2009;    The Honorable Phyllis      April 2, 2010..................       320029
 1096).                              of Lyon County (09-    November 25, 2009;    Hunewill, Chair, Lyon
                                     09-0238P).             Dayton Courier.       County Board of
                                                                                  Commissioners, 30 Desert
                                                                                  Creek, Wellington, NV
                                                                                  89444.
South Dakota:
    Lincoln (FEMA Docket No.: B-    Unincorporated areas   November 5, 2009;     The Honorable Dale L.      October 28, 2009...............       460277
     1096).                          of Lincoln County      November 12, 2009;    Long, Chairman, Lincoln
                                     (09-08-0747P).         Lennox Independent.   County Board of
                                                                                  Commissioners, 27115
                                                                                  475th Avenue,
                                                                                  Harrisburg, SD 57032.
    Lincoln (FEMA Docket No.: B-    Town of Tea (09-08-    November 5, 2009;     The Honorable John         October 28, 2009...............       460143
     1096).                          0747P).                November 12, 2009;    Lawler, Mayor, Town of
                                                            Lennox Independent.   Tea, 600 East 1st
                                                                                  Street, Tea, SD 57064.
Tennessee: Bradley (FEMA Docket     City of Cleveland (09- November 30, 2009;    The Honorable Tom          April 6, 2010..................       470015
 No.: B-1096).                       04-1322P).             December 7, 2009;     Rowland, Mayor, City of
                                                            Cleveland Daily       Cleveland, P.O. Box
                                                            Banner.               1519, Cleveland, TN
                                                                                  37311.

[[Page 35684]]

 
Texas:
    Bell (FEMA Docket No.: B-1096)  City of Killeen (08-   October 13, 2009;     The Honorable Timothy L.   October 30, 2009...............       480031
                                     06-2994P).             October 20, 2009;     Hancock, Mayor, City of
                                                            Killeen Daily         Killeen, P.O. Box 1329,
                                                            Herald.               Killeen, TX 76540.
    Lubbock (FEMA Docket No.: B-    City of Lubbock (08-   November 16, 2009;    The Honorable Tom Martin,  March 23, 2010.................       480452
     1096).                          06-2723P).             November 23, 2009;    Mayor, City of Lubbock,
                                                            Lubbock Avalanche-    P.O. Box 2000, Lubbock,
                                                            Journal.              TX 79457.
Virginia: Arlington (FEMA Docket    Arlington County (09-  December 3, 2009;     The Honorable Barbara A.   April 9, 2010..................       515500
 No.: B-1096).                       03-1117P).             December 10, 2009;    Favola, Chairperson,
                                                            Sun-Gazette.          Arlington County Board,
                                                                                  2100 Clarendon
                                                                                  Boulevard, Suite 813,
                                                                                  Arlington, VA 22201.
Wisconsin: Milwaukee (FEMA Docket   Village of Hales       November 12, 2009;    The Honorable Robert G.    March 19, 2010.................       550524
 No.: B-1096).                       Corner (09-05-4413P).  November 19, 2009;    Ruesch, President,
                                                            My Community Now.     Village of Hales
                                                                                  Corners, 5740 South
                                                                                  124th Street, Hales
                                                                                  Corners, WI 53130.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: June 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-15235 Filed 6-22-10; 8:45 am]
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