[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20556-20558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8854]
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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-1183]
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
[[Page 20557]]
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-4064, or (e-mail) [email protected].
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]
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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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Illinois:
McHenry....................... Unincorporated areas Feb. 7, 2011, Feb. Mr. Ken A. Koehler, June 14, 2011.................. 170732
of McHenry County, 14, 2011, The Chairman, McHenry County
(10-05-4602P). Northwest Herald. Board, 2200 North
Seminary Avenue,
Woodstock, IL 60098.
Kansas: Johnson................... City of Overland Park Jan. 5, 2011, Jan. The Honorable Carl May 12, 2011................... 200174
(10-07-2077P). 12, 2011, Sun Gerlach, Mayor, City of
Publications. Overland Park, 8500
Santa Fe Drive, Overland
Park, KS 66212.
Nebraska: Douglas................. City of Omaha (10-07- Jan. 13, 2011, Jan. The Honorable Jim Suttle, December 30, 2010.............. 315274
2288P). 20, 2011, The Daily Mayor, City of Omaha,
Record. Omaha-Douglas Civic
Center, 1819 Farnam
Street, Suite 300,
Omaha, NE 68183.
Ohio:
Butler........................ City of Monroe (10-05- Feb. 3, 2011, Feb. The Honorable Robert E. January 24, 2011............... 390042
4421P). 10, 2011, The Routson, Mayor, City of
Middletown Journal. Monroe, 233 South Main
Street, P.O. Box 330,
Monroe, OH 45050.
Franklin...................... Unincorporated areas Jan. 24, 2011, Jan. Mr. John O'Grady, May 31, 2011................... 390167
of Franklin County 31, 2011, The Daily President, Franklin
(10-05-2538P). Reporter. County, 373 South High
Street, 26th Floor,
Columbus, OH 43215.
Rhode Island: Providence.......... City of Cranston (11- Feb. 3, 2011, Feb. The Honorable Allan Fung, January 21, 2011............... 445396
01-0960P). 10, 2011, The Mayor, City of Cranston,
Cranston Herald. Cranston City Hall, 869
Park Avenue, Cranston,
RI 02910.
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[[Page 20558]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: March 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8854 Filed 4-12-11; 8:45 am]
BILLING CODE 9110-12-P