
[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Rules and Regulations]
[Pages 26941-26943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11416]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002]


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: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-4064, or (e-mail) luis.rodriguez1@dhs.gov.

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).

[[Page 26942]]

    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]

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.
                                            No.          notice was published         of community
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Nevada:
    Clark (FEMA Docket No.: B-     Unincorporated areas  June 10, 2010; June   Ms. Susan Brager, Chair,   June 28, 2010.................          320003
     1146).                         of Clark County (09-  17, 2010; The Las     Clark County Board of
                                    09-2398P).            Vegas Review          Commissioners, 500 South
                                                          Journal.              Grand Central Parkway,
                                                                                Las Vegas, NV 89155.
    Clark (FEMA Docket No.: B-     Unincorporated areas  June 10, 2010; June   Ms. Susan Brager, Chair,   October 15, 2010..............          320003
     1146).                         of Clark County (09-  17, 2010; The Las     Clark County Board of
                                    09-3102P).            Vegas Review          Commissioners, 500 South
                                                          Journal.              Grand Central Parkway,
                                                                                Las Vegas, NV 89155.
    Clark (FEMA Docket No.: B-     Unincorporated areas  June 24, 2010; July   Ms. Susan Brager, Chair,   June 16, 2010.................          320003
     1146).                         of Clark County (10-  1, 2010; The Las      Clark County Board of
                                    09-1718P).            Vegas Review          Commissioners, 500 South
                                                          Journal.              Grand Central Parkway,
                                                                                Las Vegas, NV 89155.
    Washoe (FEMA Docket No.: B-    Unincorporated areas  April 6, 2010; April  The Honorable David        August 11, 2010...............          320019
     1124).                         of Washoe County      13, 2010; The Reno    Humke, Chairman, Washoe
                                    (09-09-3152P).        Gazette-Journal.      County Board of
                                                                                Commissioners, P.O. Box
                                                                                11130, Reno, NV 89520.
New York:
    Niagara (FEMA Docket No.: B-   Town of Cambria (07-  October 18, 2007;     Mr. Wright H. Ellis,       January 24, 2008..............          360499
     1150).                         02-0919P).            October 25, 2007;     Supervisor, Cambria
                                                          The Niagara Gazette.  Board of Supervisors,
                                                                                4160 Upper Mountain
                                                                                Road, Sanborn, NY 14132.
North Carolina:
    Cumberland (FEMA Docket No.:   Town of Hope Mills    July 26, 2010;        The Honorable Eddie Dees,  November 30, 2010.............          370312
     B-1156).                       (10-04-0445P).        August 2, 2010; The   Mayor, Town of Hope
                                                          Fayetteville          Mills, 5770 Rockfish
                                                          Observer.             Road, Hope Mills, NC
                                                                                28348.
    Cumberland (FEMA Docket No.:   Unincorporated areas  July 26, 2010;        Mr. James E. Martin,       November 30, 2010.............          370076
     B-1156).                       of Cumberland         August 2, 2010; The   Cumberland County
                                    County (10-04-        Fayetteville          Manager, 117 Dick
                                    0445P).               Observer.             Street, Room 512,
                                                                                Fayetteville, NC 28301.
    Currituck (FEMA Docket No.: B- Unincorporated areas  May 21, 2010; May     Mr. Daniel F. Scanlon II,  May 11, 2010..................          370078
     1146).                         of Currituck County   28, 2010; The Daily   Currituck County
                                    (09-04-5228P).        Advance.              Manager, P.O. Box 39,
                                                                                Currituck, NC 27929.
    Durham (FEMA Docket No.: B-    City of Durham (09-   November 27, 2009;    The Honorable William V.   April 5, 2010.................          370086
     1172).                         04-5502P).            December 4, 2009;     Bell, Mayor, City of
                                                          The Herald-Sun.       Durham, 101 City Hall
                                                                                Plaza, Durham, NC 27701.
    Granville (FEMA Docket No.: B- Unincorporated areas  August 5, 2010;       Mr. Brian Alligood,        December 10, 2010.............          370325
     1157).                         of Granville County   August 12, 2010;      Granville County
                                    (10-04-4713P).        The Butner-           Manager, P.O. Box 906,
                                                          Creedmoor News &      Oxford, NC 27565.
                                                          The Oxford Public
                                                          Ledger.
    Guilford (FEMA Docket No.: B-  City of Greensboro    May 27, 2010; June    The Honorable William H.   October 1, 2010...............          375351
     1141).                         (09-04-4869P).        3, 2010; The          Knight, Mayor, City of
                                                          Greensboro News &     Greensboro, P.O. Box
                                                          Record.               3136, Greensboro, NC
                                                                                27402.
    Orange (FEMA Docket No.: B-    Town of Carrboro (09- June 4, 2010; June    The Honorable Mark         October 12, 2010..............          370275
     1141).                         04-5619P).            11, 2010; The         Chilton, Mayor, Town of
                                                          Chapel Hill Herald.   Carrboro, 301 West Main
                                                                                Street, Carrboro, NC
                                                                                27510.
    Orange (FEMA Docket No.: B-    Town of Chapel Hill   April 16, 2010;       The Honorable Kevin Foy,   August 23, 2010...............          370180
     1135).                         (10-04-0448P).        April 23, 2010; The   Mayor, Town of Chapel
                                                          Chapel Hill Herald.   Hill, 405 Martin Luther
                                                                                King Jr. Boulevard,
                                                                                Chapel Hill, NC 27514.
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[[Page 26943]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: April 21, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-11416 Filed 5-9-11; 8:45 am]
BILLING CODE 9110-12-P


