[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Rules and Regulations]
[Pages 20992-20993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8406]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-B-1248]


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 Associate 
Administrator for Mitigation 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 (email) [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 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.


[[Page 20993]]


    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: Mobile...................  Unincorporated areas   November 24, 2011;    The Honorable Connie       March 30, 2012.................       015008
                                     of Mobile County (11-  December 1, 2011;     Hudson, President,
                                     04-1740P).             The Press-Register.   Mobile County
                                                                                  Commission, 205
                                                                                  Government Street,
                                                                                  Mobile, AL 36644.
Connecticut: Hartford.............  Town of West Hartford  October 13, 2011;     The Honorable Scott        October 3, 2011................       095082
                                     (10-01-2143P).         October 20, 2011;     Slifka, Mayor, Town of
                                                            The Hartford          West Hartford, 50 South
                                                            Courant.              Main Street, West
                                                                                  Hartford, CT 06107.
Florida:
    Broward.......................  City of Deerfield      December 2, 2011;     The Honorable Peggy        November 22, 2011..............       125101
                                     Beach (12-04-0283P).   December 9, 2011;     Noland, Mayor, City of
                                                            The Sun-Sentinel.     Deerfield Beach, 150
                                                                                  Northeast 2nd Avenue,
                                                                                  Deerfield Beach, FL
                                                                                  33441.
    Broward.......................  Town of Lauderdale-By- November 3, 2011;     The Honorable Roseann      October 26, 2011...............       125123
                                     The-Sea (11-04-        November 10, 2011;    Minnet, Mayor, Town of
                                     7642P).                The Sun-Sentinel.     Lauderdale-By-The-Sea,
                                                                                  4501 Ocean Drive,
                                                                                  Lauderdale[dash]By[dash]
                                                                                  The[dash]Sea, FL 33308.
Idaho:
    Shoshone......................  City of Osburn (11-10- October 27, 2011;     The Honorable Robert       March 2, 2012..................       160116
                                     1374P).                November 3, 2011;     McPhail, Mayor, City of
                                                            The Shoshone News     Osburn, 921 East Mullan
                                                            Press.                Avenue, Osburn, ID 83849.
    Shoshone......................  Unincorporated areas   October 27, 2011;     Mr. Jon Cantamessa,        March 2, 2012..................       160114
                                     of Shoshone County     November 3, 2011;     Shoshone County
                                     (11-10-1374P).         The Shoshone News     Commissioner, District
                                                            Press.                3, 700 Bank Street,
                                                                                  Suite 120, Wallace, ID
                                                                                  83873.
Illinois:
    Grundy........................  Unincorporated areas   October 26, 2011;     Mr. Ron Severson, Grundy   November 10, 2011..............       170256
                                     of Grundy County (11-  November 2, 2011;     County, Chairman of the
                                     05-8349P).             The Paper.            Board, 1320 Union
                                                                                  Street, Morris, IL 60450.
    Grundy and Livingston.........  Village of Dwight (11- October 26, 2011;     Mr. Bill Wilkey, Village   November 10, 2011..............       170423
                                     05-8349P).             November 2, 2011;     of Dwight President, 209
                                                            The Paper.            South Prairie Avenue,
                                                                                  Dwight, IL 60420.
Iowa: Story.......................  City of Ames (11-07-   October 27, 2011;     The Honorable Ann          March 2, 2012..................       190254
                                     1005P).                November 3, 2011;     Campbell, Mayor, City of
                                                            The Ames Tribune.     Ames, P.O. Box 811, 515
                                                                                  Clark Avenue, Ames, IA
                                                                                  50010.
Oregon: Deschutes.................  Unincorporated areas   November 29, 2011;    Mr. Erik Kropp, Interim    April 4, 2012..................       410055
                                     of Deschutes County    December 6, 2011;     Deschutes County
                                     (11-10-1524P).         The Bend Bulletin.    Administrator, 1300
                                                                                  Northwest Wall Street,
                                                                                  2nd Floor, Bend, OR
                                                                                  97701.
Texas: Hays.......................  City of Buda (11-06-   December 7, 2011;     The Honorable Sarah        April 12, 2012.................       481640
                                     4776P).                December 14, 2011;    Mangham, Mayor, City of
                                                            The Hays Free Press.  Buda, 121 Main Street,
                                                                                  Buda, TX 78610.
Washington: King County...........  City of Burien (11-10- October 28, 2011;     The Honorable Joan         November 4, 2011...............       530321
                                     0033P).                November 4, 2011;     McGilton, Mayor, City of
                                                            The Highline Times.   Burien, 400 Southwest
                                                                                  152nd Street, Suite 300,
                                                                                  Burien, WA 98166.
Wisconsin:
    Calumet.......................  City of Brillion (11-  October 27, 2011;     The Honorable Gary         March 2, 2012..................       550036
                                     05-3616P).             November 3, 2011;     Deiter, Mayor, City of
                                                            The Zander Press.     Brillion, 225 Apollo
                                                                                  Court, Brillion, WI
                                                                                  54110.
    Calumet.......................  Unincorporated areas   October 27, 2011;     Mr. Jay Shambeau, Calumet  March 2, 2012..................       550035
                                     of Calumet County      November 3, 2011;     County Administrator,
                                     (11-05-3616P).         The Zander Press.     206 Court Street,
                                                                                  Chilton, WI 53014.
    Manitowoc.....................  Unincorporated areas   November 7, 2011;     Mr. Bob Ziegelbauer,       October 28, 2011...............       550236
                                     of Manitowoc County    November 14, 2011;    Manitowoc County
                                     (11-05-7812P).         The Herald Times      Executive, Manitowoc
                                                            Reporter.             County Courthouse, 1010
                                                                                  South 8th Street,
                                                                                  Manitowoc, WI 54220.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')
    Dated: March 15, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2012-8406 Filed 4-6-12; 8:45 am]
BILLING CODE 9110-12-P