[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59767-59768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24000]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2012-0003]


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 (email) [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 Associate Administrator for Mitigation 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:

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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Florida: Sumter (FEMA Docket No.:   Unincorporated areas   September 22, 2011;   The Honorable Don          January 27, 2012...............       120296
 B-1260).                            of Sumter County (11-  September 29, 2011;   Burgess, Chairman,
                                     04-4816P).             The Sumter County     Sumter County Board of
                                                            Times.                Commissioners, 7375
                                                                                  Powell Road, Wildwood,
                                                                                  FL 34785.
New Mexico: Bernalillo (FEMA        City of Albuquerque    October 4, 2011;      The Honorable Richard J.   September 27, 2011.............       350002
 Docket No.: B-1234).                (11-06-0465P).         October 11, 2011;     Berry, Mayor, City of
                                                            The Albuquerque       Albuquerque, 1 Civic
                                                            Journal.              Place, Albuquerque, NM
                                                                                  87102.
North Carolina: Orange (FEMA        Town of Chapel Hill    November 23, 2011;    The Honorable Mark         March 29, 2012.................       370180
 Docket No.: B-1260).                (10-04-6903P).         November 30, 2011;    Kleinschmidt, Mayor,
                                                            The Chapel Hill       Town of Chapel Hill, 405
                                                            Herald.               Martin Luther King, Jr.
                                                                                  Boulevard, Chapel Hill,
                                                                                  NC 27514.
Texas: Bexar (FEMA Docket No.: B-   City of San Antonio    November 28, 2011;    The Honorable Julian       December 21, 2011..............       480045
 1260).                              (11-06-2247P).         December 5, 2011;     Castro, Mayor, City of
                                                            The San Antonio       San Antonio, 100
                                                            Express-News.         Military Plaza, San
                                                                                  Antonio, TX 78205.
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[[Page 59768]]

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


    Dated: September 14, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2012-24000 Filed 9-28-12; 8:45 am]
BILLING CODE 9110-12-P