
[Federal Register Volume 76, Number 238 (Monday, December 12, 2011)]
[Rules and Regulations]
[Pages 77155-77156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31724]


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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-1228]


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.
    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 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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Arkansas:
    Benton........................  City of Bella Vista    September 7, 2011;    The Honorable Frank E.     January 12, 2012...............       050511
                                     (11-06-1141P).         September 14, 2011;   Anderson, Mayor, City of
                                                            The Bella Vista       Bella Vista, 406 Town
                                                            Weekly Vista.         Center Northeast, Bella
                                                                                  Vista, AR 72714.
    Benton........................  City of Bentonville    August 30, 2011;      The Honorable Bob          January 4, 2012................       050012
                                     (11-06-1914P).         September 6, 2011;    McCaslin, Mayor, City of
                                                            The Benton County     Bentonville, 117 West
                                                            Daily Record.         Central Avenue,
                                                                                  Bentonville, AR 72712.
    Benton........................  Unincorporated areas   August 30, 2011;      The Honorable Robert       January 4, 2012................       050419
                                     of Benton County (11-  September 6, 2011;    Clinard, Benton County
                                     06-1914P).             The Benton County     Judge, 215 East Central
                                                            Daily Record.         Avenue, Bentonville, AR
                                                                                  72712.
New Jersey:

[[Page 77156]]

 
    Bergen........................  Township of Mahwah     February 7, 2011;     The Honorable John         June 14, 2011..................       340049
                                     (11-02-0617P).         February 14, 2011;    DaPuzzo, Mayor, Township
                                                            The Record.           of Mahwah, 475 Corporate
                                                                                  Drive, Mahwah, NJ 07430.
    Bergen........................  Borough of Ramsey (11- February 7, 2011;     The Honorable Christopher  June 14, 2011..................       340064
                                     02-0617P).             February 14, 2011;    C. Botta, Mayor, Borough
                                                            The Record.           of Ramsey, 33 North
                                                                                  Central Avenue, Ramsey,
                                                                                  NJ 07446.
    Middlesex.....................  Township of Cranbury   September 16, 2011;   The Honorable David J.     December 8, 2010...............       340258
                                     (10-02-0830P).         September 23, 2011;   Stout, Mayor, Township
                                                            The Cranbury Press.   of Cranbury, 23-A North
                                                                                  Main Street, Cranbury,
                                                                                  NJ 08512.
New York: Dutchess................  Town of East Fishkill  February 23, 2011;    The Honorable John J.      August 16, 2011................       361336
                                     (10-02-0092P).         March 2, 2011; The    Hickman, Jr.,
                                                            Poughkeepsie          Supervisor, Town of East
                                                            Journal.              Fishkill, 330 State
                                                                                  Route 376, Hopewell
                                                                                  Junction, NY 12533.
Oklahoma: Oklahoma................  City of Oklahoma City  September 13, 2011;   The Honorable Mick         January 18, 2012...............       405378
                                     (10-06-1424P).         September 20, 2011;   Cornett, Mayor, City of
                                                            The Journal Record.   Oklahoma City, 200 North
                                                                                  Walker Avenue, 3rd
                                                                                  Floor, Oklahoma City, OK
                                                                                  73102.
Pennsylvania: Lycoming............  Township of Muncy (10- February 23, 2011;    The Honorable Paul         June 30, 2011..................       421847
                                     03-0172P).             March 2, 2011; The    Wentzler, Chairman,
                                                            Williamsport Sun-     Township of Muncy Board
                                                            Gazette.              of Supervisors, 1922
                                                                                  Pond Road, Pennsdale, PA
                                                                                  17756.
Texas:
    Collin........................  City of Wylie (11-06-  August 24, 2011;      The Honorable Eric Hogue,  December 29, 2011..............       480759
                                     0830P).                August 31, 2011;      Mayor, City of Wylie,
                                                            The Wylie News.       300 Country Club Road,
                                                                                  Building 100, Wylie, TX
                                                                                  75098.
    Kendall.......................  City of Boerne (10-06- August 12, 2011;      The Honorable Mike         December 19, 2011..............       480418
                                     3371P).                August 19, 2011;      Schultz, Mayor, City of
                                                            The Boerne Star.      Boerne, 402 East Blanco
                                                                                  Road, Boerne, TX 78006.
    Kendall.......................  Unincorporated areas   August 12, 2011;      The Honorable Gaylan       December 19, 2011..............       480417
                                     of Kendall County      August 19, 2011;      Schroeder, Kendall
                                     (10-06-3371P).         The Boerne Star.      County Judge, 201 East
                                                                                  San Antonio Street,
                                                                                  Suite 120, Boerne, TX
                                                                                  78006.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: November 18, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2011-31724 Filed 12-9-11; 8:45 am]
BILLING CODE 9110-12-P


