
[Federal Register: April 9, 2010 (Volume 75, Number 68)]
[Rules and Regulations]               
[Page 18072-18073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap10-12]                         

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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) kevin.long@dhs.gov.

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.

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      newspaper where     Chief executive officer   Effective date of  modification   Community
                                             No.           notice was published         of community                                             No.
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Alabama:
    Mobile (FEMA Docket No: B-      Unincorporated areas   May 11, 2009; May     The Honorable Stephen      September 15, 2009.............       015008
     1059).                          of Mobile County (08-  18, 2009; Press-      Nodine, President,
                                     04-6003P).             Register.             Mobile County
                                                                                  Commission, 205
                                                                                  Government Street,
                                                                                  Mobile, AL 36644.
    Montgomery (FEMA Docket No: B-  City of Montgomery     May 11, 2009; May     The Honorable Todd         September 15, 2009.............       010174
     1059).                          (08-04-6322P).         18, 2009;             Strange, Mayor, City of
                                                            Montgomery            Montgomery, 103 North
                                                            Advertiser.           Perry Street,
                                                                                  Montgomery, AL 36104.
    Tuscaloosa (FEMA Docket No: B-  City of Northport (08- May 11, 2009; May     The Honorable Bobby        September 15, 2009.............       010202
     1059).                          04-6551P).             18, 2009;             Herndon, Mayor, City of
                                                            Tuscaloosa News.      Northport, 3500
                                                                                  McFarland Boulevard,
                                                                                  Northport, AL 35476.

[[Page 18073]]


    Tuscaloosa (FEMA Docket No: B-  Unincorporated areas   May 11, 2009; May     The Honorable W. Hardy     September 15, 2009.............       010201
     1059).                          of Tuscaloosa County   18, 2009;             McCollum, Probate Judge,
                                     (08-04-6551P).         Tuscaloosa News.      Tuscaloosa County, 714
                                                                                  Greensboro Avenue,
                                                                                  Tuscaloosa, AL 35401.
Connecticut: Tolland (FEMA Docket   Town of Coventry (09-  May 11, 2009; May     The Honorable Liz Woolf,   September 15, 2009.............       090110
 No: B-1059).                        01-0698P).             18, 2009; Journal     Chairperson, Coventry
                                                            Inquirer.             Town Council, Town Hall,
                                                                                  1712 Main Street,
                                                                                  Coventry, CT 06238.
Florida: Marion (FEMA Docket No: B- City of Ocala (08-04-  May 13, 2009; May     The Honorable Randy        September 15, 2009.............       120330
 1059).                              4557P).                20, 2009; Star-       Ewers, Mayor, City of
                                                            Banner.               Ocala, P.O. Box 1270,
                                                                                  Ocala, FL 34478.
Illinois: Will (FEMA Docket No: B-  Unincorporated areas   May 11, 2009; May     The Honorable Lawrence M.  September 15, 2009.............       170695
 1059).                              of Will County (09-    18, 2009; The         Walsh, Will County
                                     05-1623P).             Herald-News.          Executive, 302 North
                                                                                  Chicago Street, Joliet,
                                                                                  IL 60432.
Nevada:
    Clark (FEMA Docket No: B-1059)  Unincorporated areas   May 12, 2009; May     The Honorable Rory Reid,   September 16, 2009.............       320003
                                     of Clark County (09-   19, 2009; Las Vegas   Chair, Clark County
                                     09-0526P).             Review-Journal.       Board of Commissioners,
                                                                                  500 South Grand Central
                                                                                  Parkway, Las Vegas, NV
                                                                                  89106.
    Clark (FEMA Docket No: B-1059)  City of Henderson (09- May 12, 2009; May     The Honorable James B.     September 16, 2009.............       320005
                                     09-0526P).             19, 2009; Las Vegas   Gibson, Mayor, City of
                                                            Review-Journal.       Henderson, 240 South
                                                                                  Water Street, Henderson,
                                                                                  NV 89015.
Texas:
    Collin (FEMA Docket No: B-      Town of Prosper (09-   May 11, 2009; May     The Honorable Charles      September 15, 2009.............       480141
     1059).                          06-0211P).             18, 2009; Dallas      Niswanger, Mayor, Town
                                                            Morning News.         of Prosper, P.O. Box
                                                                                  307, Prosper, TX 75078.
    El Paso (FEMA Docket No: B-     City of El Paso (09-   May 13, 2009; May     The Honorable John Cook,   September 17, 2009.............       480214
     1059).                          06-0832P).             20, 2009; El Paso     Mayor, City of El Paso,
                                                            Times.                City Hall, 10th Floor,
                                                                                  Two Civic Center Plaza,
                                                                                  El Paso, TX 79901.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 22, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-8053 Filed 4-8-10; 8:45 am]
BILLING CODE 9110-12-P

