8962 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

and if so, in what manner to improve 

efficacy of the rule, particularly as 

applied to suppliers of services and 

goods in the recipient country? 

› Should USAID modify the ‘‘special 

source rules,’’ FAA 604(b), (c), (e), (f), 

and (g), and reflected in 22 CFR 228.13, 

for procurement of agricultural 

commodities, vehicles or 

pharmaceuticals within limitations set 

forth in the FAA; and, if so, in what 

manner? 

› Should references in 22 CFR part 

228 to other statutory requirements, 

such as the Fly America Act (49 U.S.C 

40118) be removed or changed? 

Specifically is it useful for USAID to 

include Agency-specific policy and 

procedures in 22 CFR Part 228, when 

separate statutes and prevailing 

regulatory systems are already in place 

and publicly available from other 

sources? 

› What difficulties do contractors and 

grantees encounter when requesting a 

waiver to procure in any country other 

than those in the approved geographic 

code for each USAID-funded agreement 

(contract or grant?) How can the 

USAID’s waiver guidance be modified 

or improved for more clear and cost 

effective application of the statutory and 

regulatory waiver requirements? 

If commenters suggest modification, 

USAID requests specific proposals for 

what elements of 22 CFR Part 228 

should be modified. USAID requests 

commenters to provide information and 

supporting data related to: 

• The potential costs of modifying the 

existing regulatory language noted 

above. 

• The potential quantifiable 

efficiency benefits of modifying the 

regulatory language noted above. 

Revisions to this regulation will have 

an impact on related provisions in the 

48 CFR 7 Agency for International 

Development Acquisition Regulation 

(AIDAR) and various chapters in 

USAID’s Automated Directives System 

(ADS), including but not limited to ADS 

chapters 303, 310, and 311 (the ADS is 

accessible at http://www.usaid.gov/ 

policy/ads/). 

Dated: February 1, 2011. 

John Niemeyer, 

Assistant General Counsel, USAID. 

[FR Doc. 2011–3401 Filed 2–11–11; 4:15 pm] 

BILLING CODE P 

DEPARTMENT OF THE INTERIOR 

Bureau of Ocean Energy Management, 

Regulation and Enforcement 

30 CFR Part 285 

[Docket ID: BOEM–2010–0045] 

RIN 1010–AD71 

Renewable Energy Alternate Uses of 

Existing Facilities on the Outer 

Continental Shelf—Acquire a Lease 

Noncompetitively 

AGENCY: Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE), Interior. 

ACTION: Proposed rule. 

SUMMARY: BOEMRE proposes to revise 

the regulations that pertain to 

noncompetitive acquisition of an Outer 

Continental Shelf (OCS) renewable 

energy lease. We are taking this action 

because the current regulations 

governing the noncompetitive 

acquisition of an OCS renewable energy 

lease initiated by BOEMRE and a 

request for a noncompetitive OCS 

renewable energy lease initiated by an 

unsolicited request are inconsistent. 

This rulemaking will make the two 

processes consistent with each other by 

eliminating a duplicative and 

unnecessary step in the noncompetitive 

leasing process, while continuing to 

provide for adequate public notice and 

review of leasing proposals as required 

by law. 

DATES: Comment Due Date: Submit 

comments on the proposed rule by 

March 18, 2011. 

ADDRESSES: You may submit comments 

on the rulemaking by any of the 

following methods. Please use the 

Regulation Identifier Number (RIN) 

1010–AD71 as an identifier in your 

message. See also Public Availability of 

Comments under Procedural Matters. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. In the entry titled 

‘‘Enter Keyword or ID,’’ enter BOEM– 

2010–0045, then click search. Follow 

the instructions to submit public 

comments and view supporting and 

related materials available for this 

rulemaking. BOEMRE will post all 

comments. 

• Mail or hand-carry comments to the 

Department of the Interior; Bureau of 

Ocean Energy Management, Regulation 

and Enforcement; Attention: Regulations 

and Standards Branch (RSB); 381 Elden 

Street, MS–4024, Herndon, Virginia 

20170–4817. Please reference ‘‘Acquire a 

Lease Noncompetitively, 1010–AD71’’ 

in your comments and include your 

name and address. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Redding at (703) 787–1219. 

SUPPLEMENTARY INFORMATION: 

Background 

BOEMRE originally published the 

proposed revision for comment as a 

direct final rule in the Federal Register 

on November 26, 2010. That document 

stated that if BOEMRE received a 

significant adverse comment concerning 

the rulemaking, it would withdraw the 

direct final rule and publish a notice of 

proposed rulemaking. BOEMRE did 

receive significant adverse comment on 

the direct final rulemaking and on 

January 25, 2011, published in the 

Federal Register a notice of withdrawal 

and statement of intent to reinitiate 

rulemaking by publishing this proposed 

rule. 

The regulations at 30 CFR part 285 

govern renewable energy leasing and 

alternate uses of existing facilities on 

the OCS. This proposed rule would 

revise the regulations at §§ 285.231 and 

285.232. The regulations at § 285.231 

address unsolicited requests for 

noncompetitive leases. The regulations 

at § 285.232 address the acquisition of 

noncompetitive leases in response to a 

Request for Interest (RFI) or a Call for 

Information and Nomination (Call). The 

process for awarding leases 

noncompetitively outlined in these two 

sections is currently inconsistent. 

As currently written, § 285.231 allows 

the award of a noncompetitive lease 

after BOEMRE receives an unsolicited 

request for a noncompetitive lease, 

provided that BOEMRE determines that 

there is no competitive interest after 

publishing a single notice of a request 

for interest relating to the unsolicited 

request for a noncompetitive lease. 

As currently written, § 285.232 

provides that, after BOEMRE publishes 

an RFI or Call, if a respondent indicates 

interest in leasing an area for which no 

other party has indicated interest, 

BOEMRE may offer a lease through a 

noncompetitive process. However, the 

regulations require the publication of a 

second RFI notice to confirm the 

absence of competition before 

proceeding with the noncompetitive 

process. We believe that this 

requirement for a second notice is 

redundant and is at odds with the 

noncompetitive process prescribed for 

cases in which a party submits an 

unsolicited request for an OCS 

renewable energy lease, where BOEMRE 

is required to publish only a single 

notice. Eliminating this discrepancy and 

requiring only one RFI notice would 

make BOEMRE’s leasing processes more 

streamlined and efficient while 

maintaining BOEMRE’s obligation to 


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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8963 

notify the public of areas that may be 

leased, solicit public input regarding 

those areas, and determine whether 

competitive interest exists in acquiring 

such leases in the proposed area(s). 

Accordingly, BOEMRE proposes to 

revise § 285.231(d)(1) to state that we 

will publish in the Federal Register a 

notice that there is no competitive 

interest. We would also revise 

§ 285.232(c) to refer back to § 285.231(d) 

through (i) instead of referring back to 

§ 285.231(b) through (i). 

Comments on the Direct Final 

Rulemaking 

BOEMRE received a total of eight 

comments in response to the direct final 

rulemaking published on November 26, 

2010. All of the comments objected to 

the rulemaking, characterizing its effect 

as improper rushing by BOEMRE to 

allow offshore renewable energy leasing 

and development. Four comments took 

issue specifically with the direct final 

rulemaking process itself and called for 

a proposed rule and comment 

procedure. Five of the comments stated 

that the current wording of 30 CFR 

285.231 and 232 should be retained. A 

majority of the commenters appeared to 

misunderstand the effect of the 

proposed revision, evidencing a belief 

that it would remove the requirement 

for public notice to determine 

competitive interest altogether. 

However, one comment, which 

appeared to accurately understand the 

effect of the rulemaking, recommended 

retention of the current wording, stating 

that, ‘‘[t]he current regulations provide 

an added level of protection by ensuring 

that the public has adequate notice of 

any requests for interest relating to 

proposals to construct offshore 

alternative energy projects, giving 

competitive interests the chance to 

participate and submit alternative bids 

and the public an opportunity to 

express concerns and make comments.’’ 

BOEMRE has determined that it 

received significant adverse comment 

on the direct final rule, which was 

defined in the November 26 notice as ‘‘a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach or would be ineffective and 

unacceptable without a change.’’ It is 

therefore publishing this proposed rule 

for public comment. 

However, BOEMRE believes that the 

intent and effect of the proposed 

regulatory revision were largely 

misunderstood by most of the 

commenters. This proposed rule would 

maintain adequate public notice of 

leasing proposals and would be 

sufficient for the purpose of determining 

whether competitive interest existed, 

while eliminating unnecessary, 

inconsistent, and inefficient repetition 

in the renewable energy leasing process 

when it is initiated by BOEMRE. 

BOEMRE will consider the eight 

comments already received as they 

relate to this proposed rulemaking 

unless they are withdrawn by the 

commenters, and those commenters are 

welcome to submit additional 

comments. 

Procedural Matters 

Regulatory Planning and Review 

(Executive Order (E.O.) 12866) 

This proposed rule would not be a 

significant rule as determined by the 

Office of Management and Budget 

(OMB) and is not subject to review 

under E.O. 12866. 

(1) This proposed rule would not have 

an annual effect of $100 million or more 

on the economy. It would not adversely 

affect in a material way the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities. 

(2) This proposed rule would not 

create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency. The 

proposed rule is intended to eliminate 

redundancy and inefficiency. 

(3) This proposed rule would not alter 

the budgetary effects of entitlements, 

grants, user fees, or loan programs or the 

rights or obligations of their recipients. 

(4) This proposed rule would not raise 

novel legal or policy issues arising out 

of legal mandates, the President’s 

priorities, or the principles set forth in 

E.O. 12866. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this proposed rule would 

not have a significant economic effect 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). The Department 

prepared a regulatory flexibility analysis 

for 30 CFR part 285, and concluded that 

the regulations will impact a substantial 

number of small entities, but will not 

have a significant economic impact on 

the small entities in comparison to the 

impacts on large entities. That analysis 

was discussed in detail in the Notice of 

Proposed Rulemaking for 30 CFR part 

285 published in the Federal Register 

on July 9, 2008 (73 FR 39376). 

The North American Industry 

Classification System (NAICS) code for 

the industries affected by this rule is 

221119 (Other Electric Power 

Generation). The definition for this code 

is: 

‘‘This U.S. industry comprises 

establishments primarily engaged in 

operating electric power generation facilities 

(except hydroelectric, fossil fuel, nuclear). 

These facilities convert other forms of energy, 

such as solar, wind, or tidal power, into 

electrical energy. The electric energy 

produced in these establishments is provided 

to electric power transmission systems or to 

electric power distribution systems.’’ 

It is possible that this proposed rule 

could eventually affect entities that 

produce hydrogen and fall under NAICS 

Code 325120 (Industrial Gas 

Manufacturing). The definition for this 

code is: 

‘‘This industry comprises establishments 

primarily engaged in manufacturing 

industrial organic and inorganic gases in 

compressed, liquid, or solid forms.’’ 

Given the original findings of the 

regulatory flexibility analysis done for 

30 CFR part 285, as well as the minor 

adjustment to the renewable energy 

leasing process that is contemplated, the 

proposed rule would not have a 

significant effect on a substantial 

number of small entities. 

Your comments are important. The 

Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and 10 Regional Fairness Boards were 

established to receive comments from 

small businesses about Federal agency 

enforcement actions. The Ombudsman 

will annually evaluate the enforcement 

activities and rate each Agency’s 

responsiveness to small business. If you 

wish to comment on the actions of 

BOEMRE, call 1–888–734–3247. You 

may comment to the Small Business 

Administration without fear of 

retaliation. Allegations of 

discrimination/retaliation filed with the 

Small Business Administration will be 

investigated for appropriate action. 

Small Business Regulatory Enforcement 

Fairness Act 

This proposed rule is not a major rule 

under the Small Business Regulatory 

Enforcement Fairness Act (5 U.S.C. 801 

et seq.). This proposed rule: 

a. Would not have an annual effect on 

the economy of $100 million or more. 

b. Would not cause a major increase 

in costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Would not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 


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8964 Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 

The requirements would apply 

indiscriminately to entities intending to 

acquire a renewable energy lease on the 

OCS pursuant to 30 CFR part 285. 

Unfunded Mandate Reform Act of 1995 

This proposed rule would not impose 

an unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

proposed rule would not have a 

significant or unique effect on State, 

local, or tribal governments or the 

private sector. A statement containing 

the information required by the 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) is not required. 

Takings Implication Assessment (E.O. 

12630) 

Under the criteria in E.O. 12630, this 

proposed rule does not have significant 

takings implications. The proposed rule 

is not a governmental action capable of 

interference with constitutionally 

protected property rights. A Takings 

Implication Assessment is not required. 

Federalism (E.O. 13132) 

Under the criteria in E.O. 13132, this 

proposed rule does not have federalism 

implications. This proposed rule would 

not substantially and directly affect the 

relationship between the Federal and 

State Governments. To the extent that 

State and local governments have a role 

in OCS activities, this proposed rule 

would not affect that role. A Federalism 

Assessment is not required. 

Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of E.O. 12988. 

Specifically, this proposed rule: 

(a) Meets the criteria of section 3(a) 

requiring that all regulations be 

reviewed to eliminate errors and 

ambiguity and be written to minimize 

litigation; and 

(b) Meets the criteria of section 3(b)(2) 

requiring that all regulations be written 

in clear language and contain clear legal 

standards. 

Consultation With Indian Tribes (E.O. 

13175) 

Under the criteria in E.O. 13175, we 

have evaluated this proposed rule and 

determined that it has no substantial 

effects on federally recognized Indian 

tribes. 

Paperwork Reduction Act (PRA) 

This proposed rulemaking contains 

no new reporting or recordkeeping 

requirements; therefore, an OMB 

submission under the PRA (44 U.S.C. 

3501 et seq.) is not required. The PRA 

provides that an agency may not 

conduct or sponsor a collection of 

information unless it displays a 

currently valid OMB control number. 

Until OMB approves a collection of 

information and assigns a control 

number, you are not required to 

respond. The revisions in this 

rulemaking refer to, but would not 

change, information collection 

requirements in 30 CFR part 285. The 

OMB approved the referenced 

information collection requirements 

under OMB Control Number 1010–0176 

(expiration 3/31/2013). 

National Environmental Policy Act of 

1969 

This proposed rule does not 

constitute a major Federal action 

significantly affecting the quality of the 

human environment. BOEMRE has 

analyzed this proposed rule under the 

criteria of the National Environmental 

Policy Act (NEPA) and the Department’s 

regulations implementing NEPA. This 

proposed rule meets the criteria set forth 

at 43 CFR 46.210(i) for a Departmental 

Categorical Exclusion in that this 

proposed rule is ‘‘* * * of an 

administrative, financial, legal, 

technical, or procedural nature; or 

whose environmental effects are too 

broad, speculative, or conjectural to 

lend themselves to meaningful analysis 

***’’ Further, BOEMRE has analyzed 

this proposed rule to determine if it 

meets any of the extraordinary 

circumstances that would require an 

environmental assessment or an 

environmental impact statement as set 

forth in 43 CFR 46.215 and concluded 

that this proposed rule, being purely 

procedural, does not meet any of the 

criteria for extraordinary circumstances. 

Data Quality Act 

In developing this proposed rule, 

BOEMRE did not conduct or use a 

study, experiment, or survey requiring 

peer review under the Data Quality Act 

(Pub. L. 106–554, app. C § 515, 114 Stat. 

2763, 2763A–153–154). 

Effects on the Energy Supply (E.O. 

13211) 

This proposed rule is not a significant 

energy action under the definition in 

E.O. 13211. A Statement of Energy 

Effects is not required. 

Clarity of This Proposed Regulation 

BOEMRE is required by E.O. 12866, 

E.O. 12988, and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each rule we publish must: 

(a) Be logically organized; 

(b) Use the active voice to address 

readers directly; 

(c) Use clear language rather than 

jargon; 

(d) Be divided into short sections and 

sentences; and 

(e) Use lists and tables wherever 

possible. 

If you feel that we have not met these 

requirements, send us comments by one 

of the methods listed in the ADDRESSES

section. To better help us revise the 

proposed rule, your comments should 

be as specific as possible. For example, 

you should tell us the numbers of the 

sections or paragraphs that you find 

unclear, which sections or sentences are 

too long, the sections where you feel 

lists or tables would be useful, etc. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

List of Subjects in 30 CFR Part 285 

Continental shelf, Environmental 

protection, Public lands. 

Dated: February 9, 2011. 

Wilma A. Lewis, 

Assistant Secretary for Land and Minerals 

Management. 

For the reasons stated in the 

preamble, the Bureau of Ocean Energy 

Management, Regulation and 

Enforcement (BOEMRE) proposes to 

amend 30 CFR part 285 as follows: 

PART 285—RENEWABLE ENERGY 

AND ALTERNATE USES OF EXISTING 

FACILITIES ON THE OUTER 

CONTINENTAL SHELF 

1. The authority citation for part 285 

continues to read as follows: 

Authority: 43 U.S.C. 1331 et seq., 43 

U.S.C. 1337. 

2. Amend § 285.231 by revising 

paragraph (d)(1) to read as follows: 

§ 285.231 How will BOEMRE process my 

unsolicited request for a noncompetitive 

lease? 

* * * * * 

(d) * * * 

(1) We will publish in the Federal 

Register a notice that there is no 

competitive interest; and 

* * * * * 

3. Amend § 285.232 by revising 

paragraph (c) to read as follows: 


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Federal Register / Vol. 76, No. 32 / Wednesday, February 16, 2011 / Proposed Rules 8965 

§ 285.232 May I acquire a lease 

noncompetitively after responding to a 

Request for Interest or Call for Information 

and Nominations under § 285.213? 

* * * * * 

(c) After receiving the acquisition fee, 

BOEMRE will follow the process 

outlined in § 285.231(d) through (i). 

[FR Doc. 2011–3515 Filed 2–15–11; 8:45 am] 

BILLING CODE 4310–MR–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 100 

RIN 0907–AA 

National Vaccine Injury Compensation 

Program: Revisions to the Vaccine 

Injury Table 

AGENCY: Health Resources and Services 

Administration (HRSA), HHS. 

ACTION: Proposed rule; notice of public 

hearing. 

SUMMARY: This document announces a 

public hearing to receive information 

and views on the Notice of Proposed 

Rulemaking (NPRM) entitled ‘‘National 

Vaccine Injury Compensation Program: 

Revisions to the Vaccine Injury Table.’’ 

Date and Time: The public hearing 

will be held on March 4, 2011, from 

11:30 a.m. to 1 p.m. 

Place: The public hearing will be held 

in Conference Room G in the Parklawn 

Building, 5600 Fishers Lane, Rockville, 

Maryland 20857. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Geoffrey Evans, Director, Division of 

Vaccine Injury Compensation, at 301– 

443–6593 or by e-mail at 

gevans@hrsa.gov. 

SUPPLEMENTARY INFORMATION: The 

National Childhood Vaccine Injury Act 

of 1986, Title III of Public Law 99–660, 

as amended (42 U.S.C. 300aa–10 et 

seq.), established the National Vaccine 

Injury Compensation Program (VICP) for 

persons found to be injured by vaccines. 

The Secretary has taken the necessary 

initial steps to transfer four vaccines 

covered under the VICP from the 

provisional category in the Vaccine 

Injury Table to their own separate 

categories, with no associated injuries. 

These proposed changes would not 

change the rights of any current or 

potential VICP petitioners. 

The NPRM was published in the 

Federal Register, September 13, 2010: 

75 FR 55503. The public comment 

period closes March 14, 2011. 

A public hearing will be held during 

the 180-day public comment period. 

This hearing is to provide an open 

forum for the presentation of 

information and views concerning all 

aspects of the NPRM by interested 

persons. 

In preparing a final regulation, the 

Secretary will consider the 

administrative record of this hearing 

along with all other written comments 

received during the comment period 

specified in the NPRM. Individuals or 

representatives of interested 

organizations are invited to participate 

in the public hearing in accord with the 

schedule and procedures set forth 

below. 

The hearing will be held on March 4, 

2011, beginning at 11:30 a.m. in 

Conference Room G in the Parklawn 

Building, 5600 Fishers Lane, Rockville, 

Maryland 20857. Upon entering the 

Parklawn Building, persons who wish to 

attend the hearing will be required to 

call Mr. Mario Lombre at (301) 443– 

3196 to be escorted to Conference Room 

G. 

The presiding officer representing the 

Secretary, HHS will be Dr. Geoffrey 

Evans, Director, Division of Vaccine 

Injury Compensation, Healthcare 

Systems Bureau (HSB), Health 

Resources and Services Administration. 

Persons who wish to participate are 

requested to file a notice of participation 

with the Department of Health and 

Human Services (HHS) on or before 

March 1, 2011. The notice should be 

mailed to the Division of Vaccine Injury 

Compensation, HSB, Room 11C–26, 

Parklawn Building, 5600 Fishers Lane, 

Rockville, Maryland 20857. To ensure 

timely handling any outer envelope 

should be clearly marked ‘‘NPRM 

Hearing.’’ The notice of participation 

should contain the interested person’s 

name, address, e-mail address, 

telephone number, any business or 

organizational affiliation of the person 

desiring to make a presentation, a brief 

summary of the presentation, and the 

approximate time requested for the 

presentation. Groups that have similar 

interests should consolidate their 

comments as part of one presentation. 

Time available for the hearing will be 

allocated among the persons who 

properly file notices of participation. If 

time permits, interested parties 

attending the hearing who did not 

submit notice of participation in 

advance will be allowed to make an oral 

presentation at the conclusion of the 

hearing. 

Persons who find that there is 

insufficient time to submit the required 

information in writing may give oral 

notice of participation by calling Dr. 

Geoffrey Evans, Director, Division of 

Vaccine Injury Compensation, at (301) 

443–6593 no later than March 1, 2011. 

Those persons who give oral notice of 

participation should also submit written 

notice containing the information 

described above to HHS by the close of 

business March 2, 2011. 

After reviewing the notices of 

participation and accompanying 

information, HHS will schedule each 

appearance and notify each participant 

by mail, e-mail or telephone of the time 

allotted to the person(s) and the 

approximate time the person’s oral 

presentation is scheduled to begin. 

Written comments and transcripts of 

the hearing will be made available for 

public inspection as soon as they have 

been prepared, on weekdays (Federal 

holidays excepted) between the hours of 

8:30 a.m. and 5 p.m. at the Division of 

Vaccine Injury Compensation Program, 

Room 11C–26, Parklawn Building, 5600 

Fishers Lane, Rockville, Maryland 

20857. 

Dated: February 10, 2011. 

Mary K. Wakefield, 

Administrator. 

[FR Doc. 2011–3523 Filed 2–15–11; 8:45 am] 

BILLING CODE 4165–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–002; Internal 

Agency Docket No. FEMA–B–1178] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this proposed rule is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or to show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents and others to 

calculate appropriate flood insurance 


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