[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]

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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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;     Rub[eacute]n Flores-
                                     1752P).                El Nuevo Dia.         Marz[aacute]n,
                                                                                  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;    Juli[aacute]n 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------

(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]
BILLING CODE 9110-12-P