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Rule

Changes in Flood Elevation Determinations

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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.

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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.

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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.Start Printed Page 79091

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.

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List of Subjects in 44 CFR Part 65

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Accordingly, 44 CFR part 65 is amended to read as follows:

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PART 65—[AMENDED]

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1. The authority citation for part 65 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 65.4 are amended as follows:

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State and countyLocation and case No.Date and name of newspaper where notice was publishedChief executive, officer of communityEffective date of modificationCommunity, No.
Arizona: MaricopaCity of Chandler (11-09-2364P)September 1, 2011; September 8, 2011; The Arizona RepublicThe Honorable Jay Tibshraeny, Mayor, City of Chandler, 175 South Arizona Avenue, 5th Floor, Chandler, AZ 85225September 18, 2011040040
Kansas:
JohnsonCity of Roeland Park (11-07-1190P)October 4, 2011; October 11, 2011; The Legal RecordThe Honorable Adrienne Foster, Mayor, City of Roeland Park, City Hall, 4600 West 51st Street, Roeland Park, KS 66205February 8, 2012200176
JohnsonCity of Fairway (11-07-1190P)October 4, 2011; October 11, 2011; The Legal RecordThe Honorable Jerry Wiley, Mayor, City of Fairway, 4210 Shawnee Mission Parkway, Suite 100, Fairway, KS 66205February 8, 2012205185
JohnsonCity of Mission (11-07-1190P)October 4, 2011; October 11, 2011; The Legal RecordThe Honorable Laura McConwell, Mayor, City of Mission, City Hall, 6090 Woodson Road, Mission, KS 66202February 8, 2012200170
Idaho: BonnevilleUnincorporated areas of Bonneville County (11-10-1238P)August 30, 2011; September 6, 2011; The Post RegisterMr. Roger Christensen, Bonneville County Commissioner, 605 North Capital Avenue, Idaho Falls, ID 83402August 17, 2011160027
Indiana:
MarionCity of Beech Grove (11-05-6197P)October 6, 2011; October 13, 2011; The Indianapolis StarThe Honorable Terry Dilk, Mayor, City of Beech Grove, 806 Main Street, Beech Grove, IN 46107February 10, 2012180158
LakeCity of Hammond (11-05-0942P)September 9, 2011; September 16, 2011; The Northwest Indiana TimesThe Honorable Thomas M. McDermott, Jr., Mayor, City of Hammond, 5925 Calumet Avenue, Hammond, IN 46320August 26, 2011180134
LakeTown of Highland (11-05-0942P)September 9, 2011; September 16, 2011; The Northwest Indiana TimesMr. Brian Novak, President, Town of Highland, 3333 Ridge Road, Highland, IN 46322August 26, 2011185176
LakeTown of Munster (11-05-0942P)September 9, 2011; September 16, 2011; The Northwest Indiana TimesMr. Thomas DeGiulio, Town of Munster Manager, 1005 Ridge Road, Munster, IN 46321August 26, 2011180139
Massachusetts: PlymouthTown of Hingham (11-01-0786P)September 22, 2011; September 29, 2011; The Hingham JournalMr. John A. Riley, Town of Hingham Board of Selectmen, Town Hall, 210 Central Street, Hingham, MA 02043September 7, 2011250268
Maine:
CumberlandCity of Portland (11-01-1058P)October 11, 2011; October 18, 2011; The Portland Press HeraldThe Honorable Nicholas Mavodones, Jr., Mayor, City of Portland, 389 Congress Street, Portland, ME 04101September 27, 2011230051
YorkTown of Kittery (10-01-2103P)September 27, 2011; October 4, 2011; The Portsmouth HeraldMr. Jonathan Carter, Town of Kittery Manager, 200 Rogers Road Extension, Kittery, ME 03904December 26, 2011230171
New Mexico: BernalilloCity of Albuquerque (11-06-0465P)October 4, 2011; October 11, 2011; The Albuquerque JournalThe Honorable Richard J. Berry, Mayor, City of Albuquerque, 1 Civic Place, Albuquerque, NM 87102September 27, 2011350002
Ohio:
FranklinUnincorporated areas of Franklin County (11-05-2052P)September 7, 2011; September 14, 2011; The Daily ReporterThe Honorable Marilyn Brown, President, Franklin County Board of Commissioners, 373 South High Street, 26th Floor, Columbus, OH 43215January 12, 2012390167
FranklinCity of Grove City (11-05-2052P)September 7, 2011; September 14, 2011; The Daily ReporterThe Honorable Richard L. Stage, Mayor, City of Grove City, 4035 Broadway, Grove City, OH 43123January 12, 2012390173
TrumbullUnincorporated areas of Trumbull County (11-05-6118P)August 11, 2011; August 18, 2011; The Tribune ChronicleThe Honorable Daniel E. Polivka, President, Trumbull County Commissioners, 160 High Street Northwest, Warren, OH 44481July 29, 2011390535
TrumbullVillage of Lordstown (11-05-6118P)August 11, 2011; August 18, 2011; The Tribune ChronicleThe Honorable Michael Chaffee, Mayor, Village of Lordstown, 1455 Salt Springs Road, Lordstown, OH 44481July 29, 2011390812
Pennsylvania:
AdamsTownship of Franklin (11-03-0400P)July 19, 2011; July 26, 2011; The Gettysburg TimesThe Honorable Daniel Fetter, Chairman, Township of Franklin Board of Supervisors, 55 Scott School Road, Cashtown, PA 17310November 23, 2011421250
ChesterTown of Caln (11-03-0270P)August 26, 2011; September 2, 2011; The Daily Local NewsThe Honorable William Chambers, President, Township of Caln, 253 Municipal Drive, Thorndale, PA 19372January 3, 2012422247
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DelawareTownship of Haverford (11-03-1170P)August 3, 2011; August 10, 2011; The Daily TimesThe Honorable William F. Wechsler, President, Township of Haverford Board of Commissioners, 2325 Darby Road, Havertown, PA 19083December 8, 2011420417
MontgomeryTownship of Lower Merion (10-03-0696P)September 15, 2011; September 22, 2011; The Main Line TimesThe Honorable Elizabeth S. Rogan, President, Township of Lower Merion Board of Commissioners, 75 East Lancaster Avenue, Ardmore, PA 19003December 30, 2010420701
Puerto Rico: Puerto RicoCommonwealth of Puerto Rico (10-02-1774P)August 9, 2011; August 16, 2011; El Nuevo DiaThe Honorable Luis G. Fortuño, Governor, Commonwealth of Puerto Rico, Calle Fortaleza #63, San Juan, PR 00901August 2, 2011720000
Texas:
BellCity of Temple (10-06-3631P)September 27, 2011; October 4, 2011; The Temple Daily TelegramThe Honorable William A. Jones, III, Mayor, City of Temple, 2 North Main Street, Temple, TX 76501February 1, 2012480034
BexarCity of San Antonio (11-06-1217P)September 27, 2011; October 4, 2011; The San Antonio Express-NewsThe Honorable Julián Castro, Mayor, City of San Antonio, 100 Military Plaza, San Antonio, TX 78205September 20, 2011480045
BexarCity of San Antonio (11-06-1853P)October 6, 2011; October 13, 2011; The San Antonio Express-NewsThe Honorable Julián Castro, Mayor, City of San Antonio, 100 Military Plaza, San Antonio, TX 78205February 10, 2012480045
CollinCity of McKinney (11-06-0938P)October 5, 2011; October 12, 2011; The McKinney Courier-GazetteThe Honorable Brian Loughmiller, Mayor, City of McKinney, 222 North Tennessee Street, McKinney, TX 75069February 9, 2012480135
CollinCity of Richardson (11-06-2276P)October 4, 2011; October 11, 2011; The Dallas Morning NewsThe Honorable Bob Townsend, Mayor, City of Richardson, 411 West Arapaho Road, Richardson, TX 75080February 8, 2012480184
Johnson and TarrantCity of Burleson (11-06-2791P)October 12, 2011; October 19, 2011; The Burleson StarThe Honorable Ken Shetter, Mayor, City of Burleson, 141 West Renfro Street, Burleson, TX 76028February 16, 2012485459
MedinaCity of Castroville (11-06-0606P)October 6, 2011; October 13, 2011; The Castroville News BulletinThe Honorable Robert Lee, Mayor, City of Castroville, 1209 Fiorella Street, Castroville, TX 78009October 28, 2011480932
MontgomeryCity of Montgomery (10-06-1397P)October 4, 2011; October 11, 2011; The Conroe CourierThe Honorable John Fox, Mayor, City of Montgomery, 101 Old Plantersville Road, Montgomery, TX 77356October 27, 2011481483
TarrantCity of Arlington (10-06-3532P)September 2, 2011; September 9, 2011; The Fort Worth Star-TelegramThe Honorable Dr. Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76010January 9, 2012485454
TarrantCity of Arlington (10-06-3286P)September 15, 2011; September 22, 2011; The Fort Worth Star-TelegramThe Honorable Dr. Robert N. Cluck, Mayor, City of Arlington, 101 West Abram Street, Arlington, TX 76010January 20, 2012485454
TarrantCity of Dalworthington Gardens (10-06-3532P)September 2, 2011; September 9, 2011; The Fort Worth Star-TelegramThe Honorable Michael R. Tedder, Mayor, City of Dalworthington Gardens, 2600 Roosevelt Drive, Dalworthington Gardens, TX 76016January 9, 2012481013
TarrantCity of Fort Worth (11-06-2791P)October 12, 2011; October 19, 2011; The Fort Worth Star-TelegramThe Honorable Betsy Price, Mayor, City of Fort Worth, 1000 Throckmorton Street, Fort Worth, TX 76102February 16, 2012480596
TarrantCity of White Settlement (11-06-1375P)September 28, 2011; October 5, 2011; The Grizzly Detail NewspaperThe Honorable Jerry R. Burns, Mayor, City of White Settlement, 214 Meadow Park Drive, White Settlement, TX 76108September 21, 2011480617
Virginia:
FauquierUnincorporated areas of Fauquier County (11-03-0275P)July 27, 2011; August 3, 2011; The Fauquier Times-DemocratThe Honorable Raymond E. Graham, Chairman, Fauquier County Board of Supervisors, 10 Hotel Street, Suite 208, Warrenton, VA 20186December 1, 2011510055
LoudounUnincorporated areas of Loudoun County (10-03-0387P)October 27, 2010; November 3, 2010; The Loudoun Times-MirrorThe Honorable Scott K. York, Chairman at Large, Loudoun County Board of Supervisors, 1 Harrison Street Southeast, 5th Floor, Leesburg, VA 20177October 19, 2010510090
Prince WilliamUnincorporated areas of Prince William County (11-03-0494P)September 14, 2011; September 21, 2011; The News & MessengerThe Honorable Corey A. Stewart, Chairman at Large, Prince William County Board of Supervisors, 1 County Complex Court, Prince William, VA 22192January 19, 2012510119
Wisconsin: BrownUnincorporated areas of Brown County (11-05-2704P)September 15, 2011; September 22, 2011; The Greenbay Press-GazetteThe Honorable Guy Zima, Chairman, Brown County Board, 305 East Walnut Street, Green Bay, WI 54301January 20, 2012550020
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(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

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Dated: December 5, 2011.

Sandra K. Knight,

Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2011-32596 Filed 12-20-11; 8:45 am]

BILLING CODE 9110-12-P