[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50626-50628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20632]


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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) Luis.Rodriguez3@fema.dhs.gov.

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

[[Page 50627]]

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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Alabama:
    Jefferson (FEMA Docket No.: B-  City of Birmingham     December 2, 2011;     The Honorable William      April 9, 2012..................       010116
     1244).                          (11-04-6751P).         December 9, 2011;     Bell, Mayor, City of
                                                            The Birmingham News.  Birmingham, 710 North
                                                                                  20th Street, Birmingham,
                                                                                  AL 35203.
    Jefferson (FEMA Docket No.: B-  City of Mountain       December 2, 2011;     The Honorable Lawrence     April 9, 2012..................       010128
     1244).                          Brook (11-04-6751P).   December 9, 2011;     Terry Oden, Mayor, City
                                                            The Birmingham News.  of Mountain Brook, 928
                                                                                  Montclair Road, Mountain
                                                                                  Brook, AL 35213.
    Jefferson (FEMA Docket No.: B-  Unincorporated areas   December 2, 2011;     The Honorable David        April 9, 2012..................       010217
     1244).                          of Jefferson County    December 9, 2011;     Carrington, President,
                                     (11-04-6751P).         The Birmingham News.  Jefferson County
                                                                                  Commission, 716 Richard
                                                                                  Arrington, Jr. Boulevard
                                                                                  North, Birmingham, AL
                                                                                  35203.
    Mobile (FEMA Docket No.: B-     Unincorporated areas   November 24, 2011;    The Honorable Connie       March 30, 2012.................       015008
     1248).                          of Mobile County (11-  December 1, 2011;     Hudson, President,
                                     04-1740P).             The Press-Register.   Mobile County
                                                                                  Commission, 205
                                                                                  Government Street,
                                                                                  Mobile, AL 36644.
    Mobile (FEMA Docket No.: B-     Unincorporated areas   December 1, 2011;     The Honorable Connie       April 6, 2012..................       015008
     1240).                          of Mobile County (11-  December 8, 2011;     Hudson, President,
                                     04-5528P).             The Press-Register.   Mobile County
                                                                                  Commission, 205
                                                                                  Government Street,
                                                                                  Mobile, AL 36644.
Arizona:
    Maricopa (FEMA Docket No.: B-   City of Glendale (11-  November 24, 2011;    The Honorable Elaine M.    March 30, 2012.................       040045
     1240).                          09-3464P).             December 1, 2011;     Scruggs, Mayor, City of
                                                            The Arizona           Glendale, 5850 West
                                                            Business Gazette.     Glendale Avenue,
                                                                                  Glendale, AZ 85301.
    Maricopa (FEMA Docket No.: B-   City of Peoria (11-09- November 24, 2011;    The Honorable Bob          March 30, 2012.................       040050
     1240).                          3464P).                December 1, 2011;     Barrett, Mayor, City of
                                                            The Arizona           Peoria, 8401 West Monroe
                                                            Business Gazette.     Street, Peoria, AZ 85345.
Colorado:
    Arapahoe (FEMA Docket No.: B-   City of Centennial     December 8, 2011;     The Honorable Cathy Noon,  April 13, 2012.................       080315
     1244).                          (11-08-0818P).         December 15, 2011;    Mayor, City of
                                                            The Littleton         Centennial, 13133 East
                                                            Independent.          Arapahoe Road,
                                                                                  Centennial, CO 80112.
    Arapahoe (FEMA Docket No.: B-   City of Centennial     December 8, 2011;     The Honorable Cathy Noon,  April 13, 2012.................       080315
     1244).                          (11-08-1095P).         December 15, 2011;    Mayor, City of
                                                            The Littleton         Centennial, 13133 East
                                                            Independent.          Arapahoe Road,
                                                                                  Centennial, CO 80112.
Florida:

[[Page 50628]]

 
    Broward (FEMA Docket No.: B-    City of Deerfield      December 2, 2011;     The Honorable Peggy        November 22, 2011..............       125101
     1248).                          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 (FEMA Docket No.: B-    Town of Lauderdale-By- November 3, 2011;     The Honorable Roseann      October 26, 2011...............       125123
     1248).                          The-Sea (11-04-        November 10, 2011;    Minnet, Mayor, Town of
                                     7642P).                The Sun-Sentinel.     Lauderdale-By-The-Sea,
                                                                                  4501 Ocean Drive,
                                                                                  Lauderdale-By-The-Sea,
                                                                                  FL 33308.
Georgia:
    Bryan (FEMA Docket No.: B-      City of Richmond Hill  December 7, 2011;     The Honorable E. Harold    November 29, 2011..............       130018
     1253).                          (11-04-4401P).         December 14, 2011;    Fowler, Mayor, City of
                                                            The Bryan County      Richmond Hill, 40
                                                            News.                 Richard Davis Drive,
                                                                                  Richmond Hill, GA 31324.
North Carolina:
    Dare (FEMA Docket No.: B-1244)  Unincorporated areas   September 8, 2011;    The Honorable Warren       August 30, 2011................       375348
                                     of Dare County (11-    September 15, 2011;   Judge, Chairman, Dare
                                     04-5020P).             The Coastland Times.  County Board of
                                                                                  Supervisors, 954
                                                                                  Marshall C. Collins
                                                                                  Drive, Manteo, NC 27954.
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(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: August 8, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2012-20632 Filed 8-21-12; 8:45 am]
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