[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Rules and Regulations]
[Pages 21660-21662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9342]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1186]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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SUMMARY: This interim rule lists communities where modification of the 
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because 
of new scientific or technical data. New flood insurance premium rates 
will be calculated from the modified BFEs for new buildings and their 
contents.

DATES: These modified BFEs are currently in effect on the dates listed 
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in 
effect prior to this determination for the listed communities.
    From the date of the second publication of these changes in a 
newspaper of local circulation, any person has ninety (90) days in 
which to request through the community that the Deputy Federal 
Insurance and Mitigation Administrator reconsider the changes. The 
modified BFEs may be changed during the 90-day period.

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) [email protected].

SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each 
community in this interim rule. However, the address of the Chief 
Executive Officer of the community where the modified BFE 
determinations are available for inspection is provided.
    Any request for reconsideration must be based on knowledge of 
changed conditions or new scientific or technical data.
    The modifications are made pursuant to section 201 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. The changes in BFEs are in 
accordance with 44 CFR 65.4.
    National Environmental Policy Act. This interim rule is 
categorically excluded from the requirements of 44

[[Page 21661]]

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 interim 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 interim rule involves no 
policies that have federalism implications under Executive Order 13132, 
Federalism.
    Executive Order 12988, Civil Justice Reform. This interim 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 No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
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Alabama: Tuscaloosa...............  City of Tuscaloosa     January 10, 2011;     The Honorable Walter       December 31, 2010..............       010203
                                     (10-04-7227P).         January 17, 2011;     Maddox, Mayor, City of
                                                            The Tuscaloosa News.  Tuscaloosa, P.O. Box
                                                                                  2089, Tuscaloosa, AL
                                                                                  35401.
Arizona:
    Maricopa......................  City of Surprise (10-  January 27, 2011;     The Honorable Lyn Truitt,  June 3, 2011...................       040053
                                     09-3551P).             February 3, 2011;     Mayor, City of Surprise,
                                                            The Arizona           16000 North Civic Center
                                                            Business Gazette.     Plaza, Surprise, AZ
                                                                                  85734.
     Maricopa.....................  Unincorporated areas   January 27, 2011;     Mr. Andrew Kunasek,        June 3, 2011...................       040037
                                     of Maricopa County     February 3, 2011;     Chairman, Maricopa
                                     (10-09-3551P).         The Arizona           County Board of
                                                            Business Gazette.     Supervisors, 301 West
                                                                                  Jefferson, 10th Floor,
                                                                                  Phoenix, AZ 85003.
California: Riverside.............  City of Hemet (10-09-  December 24, 2010;    The Honorable Jerry        December 17, 2010..............       060253
                                     2521P).                December 31, 2010;    Franchville, Mayor, City
                                                            The Press-            of Hemet, 445 East
                                                            Enterprise.           Florida Avenue, Hemet,
                                                                                  CA 92543.
Colorado:
     Adams........................  City of Commerce City  February 1, 2011;     The Honorable Paul         June 8, 2011...................       080006
                                     (10-08-0226P).         February 8, 2011;     Natale, Mayor, City of
                                                            The Commerce City     Commerce City, 7887 East
                                                            Sentinel Express.     60th Avenue, Commerce
                                                                                  City, CO 80022.
     Douglas......................  Town of Parker (10-08- December 23, 2010;    The Honorable David        April 29, 2011.................       080310
                                     0769P).                December 30, 2010;    Casiano, Mayor, Town of
                                                            The Douglas County    Parker, 20120 East Main
                                                            News-Press.           Street, Parker, CO 80138.
    Douglas.......................  Unincorporated areas   December 23, 2010;    Mr. Steven A. Boand,       April 29, 2011.................       080049
                                     of Douglas County      December 30, 2010;    Chairman, Douglas County
                                     (10-08-0769P).         The Douglas County    Board of Commissioners,
                                                            News-Press.           100 3rd Street, Castle
                                                                                  Rock, CO 80104.
Nevada:
     Washoe.......................  City of Reno (10-09-   January 4, 2011;      The Honorable Bob          December 28, 2010..............       320020
                                     3236P).                January 11, 2011;     Cashell, Mayor, City of
                                                            The Reno Gazette-     Reno, P.O. Box 1900,
                                                            Journal.              Reno, NV 89505.
    Washoe........................  City of Sparks (10-09- January 4, 2011;      The Honorable Geno         December 28, 2010..............       320021
                                     3236P).                January 11, 2011;     Martini, Mayor, City of
                                                            The Reno Gazette-     Sparks, 431 Prater Way,
                                                            Journal.              Sparks, NV 89431.
North Carolina:
     Alamance.....................  Unincorporated areas   December 16, 2010;    Mr. Craig F. Honeycutt,    April 22, 2011.................       370001
                                     of Alamance County     December 23, 2010;    Alamance County Manager,
                                     (10-04-2172P).         The Times-News.       124 West Elm Street,
                                                                                  Graham, NC 27253.
    Wake..........................  City of Raleigh (10-   January 6, 2011;      The Honorable Charles      May 13, 2011...................       370243
                                     04-1146P).             January 13, 2011;     Meeker, Mayor, City of
                                                            The News & Observer.  Raleigh, P.O. Box 590,
                                                                                  Raleigh, NC 27602.
Ohio:
     Lake.........................  City of Painesville    January 3, 2011;      Mr. Joseph Hada, Jr.,      January 24, 2011...............       390319
                                     (10-05-6522P).         January 10, 2011;     President, Painesville
                                                            The News-Herald.      City Council, 7 Richmond
                                                                                  Street, P.O. Box 601,
                                                                                  Painesville, OH 44077.
    Lake..........................  Unincorporated areas   January 3, 2011;      Mr. Raymond E. Sines,      January 24, 2011...............       390771
                                     of Lake County (10-    January 10, 2011;     President, Lake County
                                     05-6522P).             The News-Herald.      Board of Commissioners,
                                                                                  105 Main Street, P.O.
                                                                                  Box 490, Painesville, OH
                                                                                  44077.
Tennessee: Sumner.................  City of Gallatin (10-  January 19, 2011;     The Honorable Jo Ann       May 26, 2011...................       470185
                                     04-4673P).             January 26, 2011;     Graves, Mayor, City of
                                                            The Gallatin          Gallatin, 132 West Main
                                                            Newspaper.            Street, Gallatin, TN
                                                                                  37066.
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[[Page 21662]]

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

    Dated: March 30, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-9342 Filed 4-15-11; 8:45 am]
BILLING CODE 9110-12-P