2012-8406. 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 Associate Administrator for Mitigation 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, [phone], or (email) [e-mail].

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]

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.

§ 65.4

[Amended]

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

State and county	Location and case No.	Date and name of newspaper where notice was published	Chief executive officer of community	Effective date of modification	Community No.
Alabama: Mobile	Unincorporated areas of Mobile County (11-04-1740P)	November 24, 2011; December 1, 2011; The Press-Register	The Honorable Connie Hudson, President, Mobile County Commission, 205 Government Street, Mobile, AL 36644	March 30, 2012	015008
Connecticut: Hartford	Town of West Hartford (10-01-2143P)	October 13, 2011; October 20, 2011; The Hartford Courant	The Honorable Scott Slifka, Mayor, Town of West Hartford, 50 South Main Street, West Hartford, CT 06107	October 3, 2011	095082
Florida:
Broward	City of Deerfield Beach (12-04-0283P)	December 2, 2011; December 9, 2011; The Sun-Sentinel	The Honorable Peggy Noland, Mayor, City of Deerfield Beach, 150 Northeast 2nd Avenue, Deerfield Beach, FL 33441	November 22, 2011	125101
Broward	Town of Lauderdale-By-The-Sea (11-04-7642P)	November 3, 2011; November 10, 2011; The Sun-Sentinel	The Honorable Roseann Minnet, Mayor, Town of Lauderdale-By-The-Sea, 4501 Ocean Drive, Lauderdale-By-The-Sea, FL 33308	October 26, 2011	125123
Idaho:
Shoshone	City of Osburn (11-10-1374P)	October 27, 2011; November 3, 2011; The Shoshone News Press	The Honorable Robert McPhail, Mayor, City of Osburn, 921 East Mullan Avenue, Osburn, ID 83849	March 2, 2012	160116
Shoshone	Unincorporated areas of Shoshone County (11-10-1374P)	October 27, 2011; November 3, 2011; The Shoshone News Press	Mr. Jon Cantamessa, Shoshone County Commissioner, District 3, 700 Bank Street, Suite 120, Wallace, ID 83873	March 2, 2012	160114
Illinois:
Grundy	Unincorporated areas of Grundy County (11-05-8349P)	October 26, 2011; November 2, 2011; The Paper	Mr. Ron Severson, Grundy County, Chairman of the Board, 1320 Union Street, Morris, IL 60450	November 10, 2011	170256
Grundy and Livingston	Village of Dwight (11-05-8349P)	October 26, 2011; November 2, 2011; The Paper	Mr. Bill Wilkey, Village of Dwight President, 209 South Prairie Avenue, Dwight, IL 60420	November 10, 2011	170423
Iowa: Story	City of Ames (11-07-1005P)	October 27, 2011; November 3, 2011; The Ames Tribune	The Honorable Ann Campbell, Mayor, City of Ames, P.O. Box 811, 515 Clark Avenue, Ames, IA 50010	March 2, 2012	190254
Oregon: Deschutes	Unincorporated areas of Deschutes County (11-10-1524P)	November 29, 2011; December 6, 2011; The Bend Bulletin	Mr. Erik Kropp, Interim Deschutes County Administrator, 1300 Northwest Wall Street, 2nd Floor, Bend, OR 97701	April 4, 2012	410055
Texas: Hays	City of Buda (11-06-4776P)	December 7, 2011; December 14, 2011; The Hays Free Press	The Honorable Sarah Mangham, Mayor, City of Buda, 121 Main Street, Buda, TX 78610	April 12, 2012	481640
Washington: King County	City of Burien (11-10-0033P)	October 28, 2011; November 4, 2011; The Highline Times	The Honorable Joan McGilton, Mayor, City of Burien, 400 Southwest 152nd Street, Suite 300, Burien, WA 98166	November 4, 2011	530321
Wisconsin:
Calumet	City of Brillion (11-05-3616P)	October 27, 2011; November 3, 2011; The Zander Press	The Honorable Gary Deiter, Mayor, City of Brillion, 225 Apollo Court, Brillion, WI 54110	March 2, 2012	550036
Calumet	Unincorporated areas of Calumet County (11-05-3616P)	October 27, 2011; November 3, 2011; The Zander Press	Mr. Jay Shambeau, Calumet County Administrator, 206 Court Street, Chilton, WI 53014	March 2, 2012	550035
Manitowoc	Unincorporated areas of Manitowoc County (11-05-7812P)	November 7, 2011; November 14, 2011; The Herald Times Reporter	Mr. Bob Ziegelbauer, Manitowoc County Executive, Manitowoc County Courthouse, 1010 South 8th Street, Manitowoc, WI 54220	October 28, 2011	550236

(Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”)

Dated: March 15, 2012.

Sandra K. Knight,

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