Changes in Flood Elevation Determinations

Federal Register Nbr. 77 FR 1887, January 12, 2012 › Rules and Regulations › Homeland Security Department

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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.

Text

Federal Register, Volume 77 Issue 8 (Thursday, January 12, 2012)

Federal Register Volume 77, Number 8 (Thursday, January 12, 2012)

Rules and Regulations

Pages 1887-1889

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2012-488

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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-1237

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 (email) Luis.Rodriguez3@fema.dhs.gov.

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.

Page 1888

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.

Accordingly, 44 CFR part 65 is amended as follows:

PART 65--AMENDED

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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

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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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Delaware:

Kent.......................... Town of Camden (10-03- February 18, 2011; The Honorable Richard E. June 27, 2011.................. 100003

0303P). February 25, 2011; Maly, Mayor, Town of

The Delaware State Camden, 1783 Friends Way

News. Camden, DE 19934.

Kent.......................... Unincorporated areas February 18, 2011; The Honorable P. Brooks June 27, 2011.................. 100001

of Kent County (10- February 25, 2011; Banta, President, Kent

03-0303P). The Delaware State County Levy Court,

News. Administrative Complex,

555 South Bay Road, Room

243, Dover, DE 19901.

Puerto Rico: Puerto Rico.......... Commonwealth of October 13, 2011; The Honorable October 6, 2011................ 720000

Puerto Rico (10-02- October 20, 2011; Rubeacuten Flores-

1752P). El Nuevo Dia. Marzaacuten,

Chairperson, Puerto Rico

Planning Board, Roberto

Sanchez Vilella

Governmental Center,

North Building, 16th

Floor, De Diego Avenue

International Baldorioty

de Castro Avenue San

Juan, PR 00940.

Texas:

Bexar......................... City of San Antonio November 4, 2011; The Honorable March 12, 2012................. 480045

(11-06-0604P). November 11, 2011; Juliaacuten Castro,

The San Antonio Mayor, City of San

Express-News. Antonio, 100 Military

Plaza San Antonio, TX

78205.

Texas:

Bexar......................... Unincorporated areas November 16, 2011; The Honorable Nelson W. March 22, 2012................. 480035

of Bexar County (11- November 23, 2011; Wolff, Bexar County

06-3419P). The Daily Judge, 101 West Nueva

Commercial Recorder. Street, 10th Floor, San

Antonio, TX 78205.

Denton........................ Town of Flower Mound October 25, 2011; The Honorable Melissa D. February 29, 2012.............. 480777

(11-06-2301P). November 1, 2011; Northern, Mayor, Town of

The Denton Record- Flower Mound, 2121 Cross

Chronicle. Timbers Road Flower

Mound, TX 75028.

Denton........................ Unincorporated areas October 28, 2011; The Honorable Mary Horn, October 21, 2011............... 480774

of Denton County (11- November 4, 2011; Denton County Judge, 110

06-1910P). The Denton Record- West Hickory Street, 2nd

Chronicle. Floor, Denton, TX 76201.

Grimes........................ Unincorporated areas November 9, 2011; The Honorable Betty May 2, 2012.................... 481173

of Grimes County (11- November 16, 2011; Shiflett, Grimes County

06-2364P). The Navasota Judge, Grimes County

Examiner. Courthouse, 100 Main

Street Anderson, TX

77830.

Montgomery.................... Unincorporated areas October 26, 2011; The Honorable Alan October 19, 2011............... 480483

of Montgomery County November 2, 2011; Sadler, Montgomery

(11-06-3114P). The Conroe Courier. County Judge, 501 North

Thompson Street, Suite

401, Conroe, TX 77301.

Tarrant....................... City of Crowley (11- November 3, 2011; The Honorable Billy P. March 9, 2012.................. 480591

06-1037P). November 10, 2011; Davis, Mayor, City of

The Crowley Star. Crowley, 201 East Main

Street, Crowley, TX

76036.

Tarrant....................... City of Fort Worth November 1, 2011; The Honorable Betsy March 7, 2012.................. 480596

(11-06-2373P). November 8, 2011; Price, Mayor, City of

The Fort Worth Star- Fort Worth, 1000

Telegram. Throckmorton Street Fort

Worth, TX 76102.

Victoria...................... City of Victoria (11- November 3, 2011; The Honorable Will March 9, 2012.................. 480638

06-1656P). November 10, 2011; Armstrong, Mayor, City

The Victoria of Victoria, 105 West

Advocate. Juan Linn Street

Victoria, TX 77901.

Page 1889

Virginia: Henrico................. Unincorporated areas December 14, 2010; Mr. Virgil R. Hazelett, April 20, 2011................. 510077

of Henrico County December 21, 2010; Henrico County Manager,

(10-03-0514P). The Richmond Times- 4301 East Parham Road

Dispatch. Henrico, VA 23228.

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

Dated: December 27, 2011.

Sandra K. Knight,

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

FR Doc. 2012-488 Filed 1-11-12; 8:45 am

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