[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58411-58412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-24278]


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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) [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 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.

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:

[[Page 58412]]

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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Arkansas: Benton (FEMA Docket No.:  City of Bentonville    July 30, 2010;        The Honorable Bob          December 6, 2010...............       050012
 B-1162).                            (09-06-3053P).         August 6, 2010; The   McCaslin, Mayor, City of
                                                            Benton County Daily   Bentonville, 117 West
                                                            Record.               Central Avenue;
                                                                                  Bentonville, AR 72712.
New Mexico: Bernalillo (FEMA        Unincorporated areas   May 26, 2010; June    The Honorable Deanna A.    September 30, 2010.............       350001
 Docket No.: B-1141).                of Bernalillo County   2, 2010; The          Archuleta, Chair,
                                     (10-06-1078P).         Albuquerque Journal.  Bernalillo County Board
                                                                                  of Commissioners, 1
                                                                                  Civic Plaza Northwest,
                                                                                  10th Floor, Albuquerque,
                                                                                  NM 87102.
New York:
    Suffolk (FEMA Docket No.: B-    Town of Southampton    March 4, 2010; March  The Honorable Anna Throne- August 19, 2010................       365342
     1116).                          (09-02-1473P).         11, 2010; The         Holst, Southampton Town
                                                            Southampton Press.    Board Supervisor, 116
                                                                                  Hampton Road,
                                                                                  Southampton, NY 11968.
    Westchester (FEMA Docket No.:   Village of Mamaroneck  April 26, 2010; May   The Honorable Norman S.    October 19, 2010...............       360916
     B-1141).                        (10-02-0098P).         3, 2010; The          Rosenblum, Mayor,
                                                            Journal News.         Village of Mamaroneck,
                                                                                  123 Mamaroneck Avenue,
                                                                                  Mamaroneck, NY 10543.
Pennsylvania: Montgomery (FEMA      Township of Upper      July 23, 2010; July   Mr. Ronald Wagenmann,      July 16, 2010..................       420957
 Docket No.: B-1162).                Merion (10-03-0510P).  30, 2010; The Times   Upper Merion Township
                                                            Herald.               Manager, 175 West Valley
                                                                                  Forge Road, King of
                                                                                  Prussia, PA 19406.
Texas:
    Bexar (FEMA Docket No.: B-      City of San Antonio    April 2, 2010; April  The Honorable Julian       August 9, 2010.................       480045
     1123).                          (09-06-2985P).         9, 2010; The San      Castro, Mayor, City of
                                                            Antonio Express-      San Antonio, P.O. Box
                                                            News.                 839966, San Antonio, TX
                                                                                  78283.
    Collin (FEMA Docket No.: B-     City of Dallas (10-06- May 25, 2010; June    The Honorable Tom          May 17, 2010...................       480171
     1141).                          1626P).                1, 2010; The Dallas   Leppert, Mayor, City of
                                                            Morning News.         Dallas, 1500 Marilla
                                                                                  Street, Room 5EN,
                                                                                  Dallas, TX 75201.
     Comal (FEMA Docket No.: B-     City of Schertz (09-   August 23, 2010;      The Honorable Harold D.    August 13, 2010................       480269
     1162).                          06-3497P).             September 1, 2010;    Baldwin, Mayor, City of
                                                            The Daily             Schertz, 1400 Schertz
                                                            Commercial Recorder.  Parkway, Schertz, TX
                                                                                  78154.
    Dallas (FEMA Docket No.: B-     City of Dallas (09-06- March 3, 2010; March  The Honorable Tom          March 26, 2010.................       480171
     1113).                          2964P).                10, 2010; The         Leppert, Mayor, City of
                                                            Dallas Morning News.  Dallas, 1500 Marilla
                                                                                  Street, Room 5EN,
                                                                                  Dallas, TX 75201.
    Potter and Randall (FEMA        City of Amarillo (10-  August 20, 2010;      The Honorable Debra        August 13, 2010................       480529
     Docket No.: B-1162).            06-2283P).             August 26, 2010;      McCartt, Mayor, City of
                                                            The Amarillo Globe-   Amarillo, P.O. Box 1971,
                                                            News.                 Amarillo, TX 79105.
    Rockwall (FEMA Docket No.: B-   City of Rockwall (10-  January 14, 2010;     The Honorable William      January 20, 2010...............       480547
     1124).                          06-0882X).             January 21, 2010;     Cecil, Mayor, City of
                                                            The Dallas Morning    Rockwall, 385 South
                                                            News.                 Goliad Street, Rockwall,
                                                                                  TX 75087.
    Tarrant (FEMA Docket No.: B-    City of North          August 4, 2010;       The Honorable Oscar        July 28, 2010..................       480607
     1162).                          Richland Hills (10-    August 11, 2010;      Trevino, Mayor, City of
                                     06-1011P).             The Fort Worth Star-  North Richland Hills,
                                                            Telegram.             7301 Northeast Loop 820,
                                                                                  North Richland Hills, TX
                                                                                  76180.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')
    Dated: September 9, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2011-24278 Filed 9-20-11; 8:45 am]
BILLING CODE 9110-12-P