Changes in Flood Elevation Determinations

Federal Register, Volume 77 Issue 68 (Monday, April 9, 2012)

Federal Register Volume 77, Number 68 (Monday, April 9, 2012)

Rules and Regulations

Pages 20992-20993

From the Federal Register Online via the Government Printing 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) 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.

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

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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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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,

LauderdaledashBydash

ThedashSea, 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

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