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Rule

Changes in Flood Elevation Determinations

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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.

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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.

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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).

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.

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List of Subjects in 44 CFR Part 65

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

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PART 65—[AMENDED]

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1. The authority citation for part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive officer of communityEffective date of modificationCommunity No.
Alabama: Tuscaloosa, (FEMA Docket No.: B-1199)City of Tuscaloosa (10-04-6941P)April 4, 2011; April 11, 2011; The Tuscaloosa NewsThe Honorable Walter Maddox, Mayor, City of Tuscaloosa, 2201 University Boulevard, Tuscaloosa, AL 35401April 29, 2011010203
Colorado: Arapahoe, (FEMA Docket No.: B-1199)City of Aurora (10-08-0937P)March 17, 2011; March 24, 2011; The Aurora SentinelThe Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012March 10, 2011080002
North Carolina:
Alamance, (FEMA Docket No.: B-1172)Unincorporated areas of Alamance County (10-04-6308P)October 27, 2010; November 3, 2010; The Times-NewsMr. Craig F. Honeycutt, Alamance County Manager, 124 West Elm Street, Graham, NC 27253March 3, 2011370001
Ashe, (FEMA Docket No.: B-1195)Unincorporated areas of Ashe County (10-04-3410P)February 18, 2011; February 25, 2011; The Jefferson PostMr. Dan McMillan, Ashe County Manager, 150 Government Circle, Suite 2500, Jefferson, NC 28640June 27, 2011370007
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Caldwell, (FEMA Docket No.: B-1199)Unincorporated areas of Caldwell County (10-04-7739P)January 20, 2011; January 27, 2011; The Lenoir News-TopicMr. Stan Kiser, Caldwell County Manager, P.O. Box 2200, 905 West Avenue Northwest, Lenoir, NC 28645May 27, 2011370039
Columbus, (FEMA Docket No.: B-1195)City of Whiteville (10-04-6817P)February 24, 2011; March 3, 2011; The News ReporterThe Honorable Terry Mann, Mayor, City of Whiteville, 317 South Madison Street, Whiteville, NC 28472February 17, 2011370071
Columbus, (FEMA Docket No.: B-1195)Unincorporated areas of Columbus County (10-04-6817P)February 24, 2011; March 3, 2011; The News ReporterThe Honorable Giles Byrd, Chairman, Columbus County Board of Commissioners, 111 Washington Street, Whiteville, NC 28472February 17, 2011370305
Rutherford, (FEMA Docket No.: B-1195)Village of Chimney Rock (10-04-3339P)February 18, 2011; February 25, 2011; The Daily CourierThe Honorable Barbara Meliski, Mayor, Village of Chimney Rock, P.O. Box 300, Chimney Rock, NC 28720February 11, 2011370487
Wake, (FEMA Docket No.: B-1195)City of Raleigh (10-04-3939P)February 15, 2011; February 22, 2011; The News & ObserverThe Honorable Charles Meeker, Mayor, City of Raleigh, P.O. Box 590, 222 West Hargett Street, Raleigh, NC 27602June 22, 2011370243
Texas: Tarrant, (FEMA Docket No.: B-1129)City of Benbrook (09-06-3139P)April 9, 2010; April 16, 2010; The Star-TelegramMr. Andy Wayman, Benbrook City Manager, 911 Winscott Road, Benbrook, TX 76126April 1, 2010480586

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

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Dated: September 9, 2011.

Sandra K. Knight,

Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2011-24694 Filed 9-23-11; 8:45 am]

BILLING CODE 9110-12-P