2011-33773. 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, [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]

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:
Baldwin	City of Gulf Shores (11-04-5389P)	October 7, 2011; October 14, 2011; The Islander	The Honorable Robert S. Craft, Mayor, City of Gulf Shores, 1905 West 1st Street, Gulf Shores, AL 36547	September 29, 2011	015005
Baldwin	City of Gulf Shores (11-04-6730P)	October 11, 2011; October 18, 2011; The Islander	The Honorable Robert S. Craft, Mayor, City of Gulf Shores, 1905 West 1st Street, Gulf Shores, AL 36547	October 4, 2011	015005
Madison	City of Huntsville (11-04-3252P)	September 8, 2011; September 15, 2011; The Huntsville Times	The Honorable Tommy Battle, Mayor, City of Huntsville, 308 Fountain Circle, 8th Floor, Huntsville, AL 35801	January 13, 2012	010153
Mobile	Unincorporated areas of Mobile County (11-04-1739P)	October 27, 2011; November 3, 2011; The Press-Register	The Honorable Merceria Ludgood, Chair, Mobile County Commission, 205 Government Street, Mobile, AL 36644	March 2, 2012	015008
California:
Butte	Unincorporated areas of Butte County (11-09-3448P)	October 7, 2011; October 14, 2011; The Chico Enterprise-Record	The Honorable Steve Lambert, Chairman, Butte County Board of Supervisors, 3159 Nelson Avenue, Oroville, CA 95965	February 13, 2012	060017
Napa	City of Napa (11-09-3313P)	October 14, 2011; October 21, 2011; The Napa Valley Register	The Honorable Jill Techel, Mayor, City of Napa, 955 School Street, Napa, CA 94559	February 20, 2012	060207
Napa	Unincorporated areas of Napa County (11-09-3313P)	October 14, 2011; October 21, 2011; The Napa Valley Register	The Honorable Bill Dodd, Chairman, Napa County Board of Supervisors, 1195 3rd Street, Suite 310, Napa, CA 94559	February 20, 2012	060205
San Mateo	City of San Carlos (11-09-1259P)	October 7, 2011; October 14, 2011; The San Mateo Daily Journal	The Honorable Andy Klein, Mayor, City of San Carlos, 600 Elm Street, San Carlos, CA 94070	February 13, 2012	060327
Solano	City of Fairfield (11-09-1570P)	October 20, 2011; October 27, 2011; The Daily Republic	The Honorable Harry T. Price, Mayor, City of Fairfield, 1000 Webster Street, Fairfield, CA 94533	February 24, 2012	060370
Colorado:
Adams	City of Commerce City (10-08-1048P)	October 25, 2011; November 1, 2011; The Commerce City Sentinel Express	The Honorable Paul Natale, Mayor, City of Commerce City, 7887 East 60th Avenue, Commerce City, CO 80022	March 2, 2012	080006
Adams & Arapahoe	City of Aurora (11-08-0699P)	October 6, 2011; October 13, 2011; The Aurora Sentinel	The Honorable Ed Tauer, Mayor, City of Aurora, 15151 East Alameda Parkway, Aurora, CO 80012	February 10, 2012	080002
Florida:
Broward	City of Deerfield Beach (11-04-7254P)	October 6, 2011; October 13, 2011; The Sun-Sentinel	The Honorable Peggy Noland, Mayor, City of Deerfield Beach, 150 Northeast 2nd Avenue, Deerfield Beach, FL 33441	September 29, 2011	125101
St. Johns	Unincorporated areas of St. Johns County (11-04-4627P)	October 5, 2011; October 12, 2011; The St. Augustine Record	The Honorable Joseph Bryan. Chairman, St. Johns County Board of Commissioners, 500 San Sebastian View, St. Augustine, FL 32084	February 9, 2012	125147
Seminole	City of Altamonte Springs (11-04-7292P)	October 27, 2011; November 3, 2011; The Orlando Sentinel	The Honorable Patricia Bates, Mayor, City of Altamonte Springs, 225 Newburyport Avenue, Altamonte Springs, FL 32701	October 20, 2011	120290
Seminole	Unincorporated areas of Seminole County (11-04-7523P)	October 27, 2011; November 3, 2011; The Orlando Sentinel	The Honorable Brenda Carey, Chair, Seminole County Board of Commissioners, 1101 East 1st Street, Sanford, FL 32771	October 20, 2011	120289
Georgia:
Columbia	Unincorporated areas of Columbia County (11-04-5127P)	November 2, 2011; November 9, 2011; The Columbia County News-Times	The Honorable Ron C. Ross, Chairman, Columbia County Board of Commissioners, 630 Ronald Reagan Drive Building B, 2nd Floor, Evans, GA 30809	October 27, 2011	130059
Liberty	City of Hinesville (11-04-0768P)	September 30, 2011; October 7, 2011; The Coastal Courier	The Honorable James Thomas, Jr., Mayor, City of Hinesville, 115 East Martin Luther King, Jr. Drive, Hinesville, GA 31313	September 26, 2011	130125
Liberty	Unincorporated areas of Liberty County (11-04-0768P)	September 30, 2011; October 7, 2011; The Coastal Courier	The Honorable John D. McIver, Chairman, Liberty County Board of Commissioners, 112 North Main Street, Hinesville, GA 31310	September 26, 2011	130123
Mississippi: DeSoto	City of Olive Branch (11-04-4496P)	October 27, 2011; November 3, 2011; The DeSoto Times-Tribune	The Honorable Sam Rikard, Mayor, City of Olive Branch, 9200 Pigeon Roost Road, Olive Branch, MS 38654	March 2, 2012	280286
Nevada:
Clark	City of Henderson (11-09-3801P)	October 6, 2011; October 13, 2011; The Las Vegas Review-Journal	The Honorable Andy A. Hafen, Mayor, City of Henderson, 240 Water Street, Henderson, NV 89015	February 10, 2012	320005
Clark	Unincorporated areas of Clark County (11-09-3801P)	October 6, 2011; October 13, 2011; The Las Vegas Review-Journal	The Honorable Susan Brager, Chair, Clark County Board of Commissioners, 500 South Grand Central Parkway, Las Vegas, NV 89155	February 10, 2012	320003
Utah: Box Elder	City of Willard (11-08-0207P)	September 28, 2011; October 5, 2011; The Box Elder News Journal	The Honorable Ken Braegger, Mayor, City of Willard, 80 West 50 South, Willard, UT 84340	February 2, 2012	490011
Wyoming:
Campbell	City of Gillette (11-08-0780P)	October 18, 2011; October 25, 2011; The News-Record	The Honorable Tom Murphy, Mayor, City of Gillette, 201 East 5th Street, Gillette, WY 82717	February 22, 2012	560007
Campbell	Unincorporated areas of Campbell County (11-08-0780P)	October 18, 2011; October 25, 2011; The News-Record	The Honorable Stephen F. Hughes, Chairman, Campbell County Board of Commissioners, 500 South Gillette Avenue, Suite 1100, Gillette, WY 82717	February 22, 2012	560081

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

Dated: December 20, 2011.

Sandra K. Knight,

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