Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 423 

■ 2. In Sec. 117.799, paragraph (d) is 

suspended and paragraph (k) is added to 

read as follows: 

§ 117.799 Long Island, New York Inland 

Waterway from East Rockaway Inlet to 

Shinnecock Canal. 

* * * * * 

(k) The draws of the West Bay Bridge, 

mile 0.0, across Quantuck Canal, Beach 

Lane Bridge, mile 1.1, across Quantuck 

Canal, and the Quoque Bridge, mile 1.1, 

across Quoque Canal, shall open on 

signal from October 1 through April 30 

from 8 a.m. to 4 p.m. and from May 1 

through September 30, from 6 a.m. to 10 

p.m. The draw of the Smith Point 

Bridge, mile 6.1, across Narrow Bay, 

need open only one of the two movable 

spans for the passage of vessel traffic 

from December 22, 2011 through May 

25, 2012. The draw shall open on signal 

from December 22 through April 30 

from 8 a.m. to 4 p.m. and from May 1 

through May 25, 6 a.m. through 10 p.m. 

At all other times during these periods, 

the draws shall open as soon as possible 

but no more than one hour after a 

request to open is received. 

Dated: December 21, 2011. 

James B. McPherson, 

Captain, U.S. Coast Guard, Acting 

Commander, First Coast Guard District. 

[FR Doc. 2011–33832 Filed 1–4–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2011–1134] 

Drawbridge Operation Regulations; 

Atlantic Intracoastal Waterway (AIWW), 

Wrightsville Beach, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, Fifth Coast 

Guard District, has approved a 

temporary deviation from the 

regulations governing the operation of 

the S.R. 74 Bridge across the AIWW, 

mile 283.1, at Wrightsville Beach, NC. 

The deviation restricts the operation of 

the draw span to facilitate the structural 

repair of the bridge. 

DATES: This deviation is effective from 

7 p.m. on January 3, 2012 until 7 a.m. 

on March 15, 2012. 

ADDRESSES: Documents mentioned in 

this preamble as being available in the 

docket USCG–2011–1134 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2011–1134 in the ‘‘Keywords’’ box, and 

then clicking ‘‘Search’’. This material is 

also available for inspection or copying 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Bill H. Brazier, Bridge 

Management Specialist, Fifth Coast 

Guard District, telephone (757) 398– 

6422, email Bill.H.Brazier@uscg.mil. If 

you have questions on reviewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, (202) 366– 

9826. 

SUPPLEMENTARY INFORMATION: The North 

Carolina Department of Transportation, 

who owns and operates this bascule-lift 

type bridge, has requested a temporary 

deviation from the current operating 

regulations set out in 33 CFR 

117.821(a)(4), to facilitate the structural 

repair of the bridge. 

The S.R. 74 Bridge across the AIWW 

mile 283.1, at Wrightsville Beach, NC 

has a vertical clearance in the closed 

position of 20 feet, above mean high 

water. 

Under the regular operating schedule, 

the drawbridge shall open on signal for 

commercial vessels at all times; and on 

signal for pleasure vessels except 

between 7 a.m. and 7 p.m. when the 

drawbridge need only open on the hour. 

Under this temporary deviation, the 

structural repairs will restrict the 

operation of the draw span to the 

closed-to-navigation position, each day 

from 7 p.m. to 7 a.m., beginning on 

Tuesday, January 3, 2012 and ending on 

Thursday, March 15, 2012; except vessel 

openings will be provided with at least 

two hours advance notice given to the 

bridge operator. Each day between 7 

a.m. and 7 p.m., the drawbridge will 

continue to operate as set out in 33 CFR 

117.821(a). 

Vessels may transit under the 

drawbridge while it is in the closed 

position. The Atlantic Intracoastal 

Waterway serves a variety of vessels 

from tug and barge traffic to recreational 

vessels traveling from Florida to Maine. 

The Coast Guard will inform 

unexpected users of the waterway 

through our local and broadcast Notices 

to Mariners of the limited operating 

schedule for the drawbridge so that 

vessels can arrange their transits to 

minimize any impacts caused by the 

temporary deviation. In 2011, from 

January thru March, 7 p.m. to 7 a.m., 

this draw opened approximately 35 

times per month. The Atlantic Ocean is 

the alternate route for vessels and the 

bridge will be able to open in the event 

of an emergency. 

In accordance with 33 CFR 117.35(e), 

the draw must return to its original 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: December 30 2011. 

W.D. Lee, 

Rear Admiral, District Commander, Fifth 

Coast Guard District. 

[FR Doc. 2012–51 Filed 1–3–12; 4:15 pm] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are 

finalized for the communities listed 

below. These modified BFEs will be 

used to calculate flood insurance 

premium rates for new buildings and 

their contents. 

DATES: The effective dates for these 

modified BFEs are indicated on the 

following table and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

for the listed communities prior to this 

date. 

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, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below of the modified BFEs for 

each community listed. These modified 


emcdonald on DSK5VPTVN1PROD with RULES
424 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 

BFEs have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Federal 

Insurance and Mitigation Administrator 

has resolved any appeals resulting from 

this notification. 

The modified BFEs are not listed for 

each community in this notice. 

However, this final rule includes the 

address of the Chief Executive Officer of 

the community where the modified BFE 

determinations are available for 

inspection. 

The modified BFEs are made pursuant 

to section 206 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. 

These modified BFEs are used to meet 

the floodplain management 

requirements of the NFIP and also are 

used to calculate the appropriate flood 

insurance premium rates for new 

buildings built after these elevations are 

made final, and for the contents in those 

buildings. The changes in BFEs are in 

accordance with 44 CFR 65.4. 

National Environmental Policy Act. 

This final 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 final 

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 final rule involves no policies that 

have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This final 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: 

Baldwin (FEMA 

Docket No.: 

B-1211).

City of Orange 

Beach (11–04– 

4328P).

June 22, 2011; June 29, 2011; 

The Islander.

The Honorable Tony Kennon, Mayor, City 

of Orange Beach, 4099 Orange Beach 

Boulevard, Orange Beach, AL 36561.

June 14, 2011 ................ 015011 

Madison (FEMA 

Docket No.: 

B-1211).

City of Huntsville 

(10–04–7862P).

June 22, 2011; June 29, 2011; 

The Huntsville Times.

The Honorable Tommy Battle, Mayor, 

City of Huntsville, 308 Fountain Circle, 

8th Floor, Huntsville, AL 35801.

October 27, 2011 ........... 010153 

Arizona: 

Maricopa 

(FEMA Docket No.: 

B-1206).

City of Peoria (11– 

09–0647P).

June 2, 2011; June 9, 2011; 

The Arizona Business Gazette.

The Honorable Bob Barrett, Mayor, City 

of Peoria, 8401 West Monroe Street, 

Peoria, AZ 85345.

October 7, 2011 ............. 040050 

Maricopa 

(FEMA Docket No.: 

B-1206).

Unincorporated 

areas of Maricopa 

County (11–09– 

0647P).

June 2, 2011; June 9, 2011; 

The Arizona Business Gazette.

The Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th 

Floor, Phoenix, AZ 85003.

October 7, 2011 ............. 040037 

Navajo (FEMA 

Docket No.: 

B-1206).

Town of Snowflake 

(10–09–1783P).

May 27, 2011; June 3, 2011; 

The White Mountain Independent.

The Honorable Kelly Willis, Mayor, Town 

of Snowflake, 81 West 1st South, 

Snowflake, AZ 85937.

October 3, 2011 ............. 040070 

California: 

Shasta (FEMA 

Docket No.: 

B-1206).

Unincorporated 

areas of Shasta 

County (10–09– 

3227P).

June 1, 2011; June 8, 2011; 

The Red Bluff Daily News.

The Honorable Les Baugh, Chairman, 

Shasta County Board of Supervisors, 

1450 Court Street, Suite 308B, Redding, CA 96001.

October 6, 2011 ............. 060358 

Tehama (FEMA 

Docket No.: 

B-1206).

Unincorporated 

areas of Tehama 

County (10–09– 

3227P).

June 1, 2011; June 8, 2011; 

The Anderson Valley Post.

The Honorable Gregg Avilla, Chairman, 

Tehama County Board of Supervisors, 

727 Oak Street, Red Bluff, CA 96080.

October 6, 2011 ............. 065064 

Colorado: Douglas 

(FEMA Docket 

No.: B-1219).

Unincorporated 

areas of Douglas 

County (11–08– 

0044P).

July 7, 2011; July 14, 2011; 

The Douglas County NewsPress.

The Honorable Jill Repella, Chair, Douglas County Board of Commissioners, 

100 3rd Street, Castle Rock, CO 80104.

June 30, 2011 ................ 080049 

Kentucky: Fayette 

(FEMA Docket 

No.: B-1211).

Lexington-Fayette 

Urban County 

Government (11– 

04–0368P).

June 22, 2011; June 29, 2011; 

The Lexington Herald-Leader.

The Honorable Jim Gray, Mayor, Lexington-Fayette Urban County Government, 200 East Main Street, Lexington, 

KY 40507.

October 27, 2011 ........... 210067 

Nevada: Clark 

(FEMA Docket 

No.: B-1211).

City of Las Vegas 

(11–09–1593P).

June 23, 2011; June 30, 2011; 

The Las Vegas Review-Journal.

The Honorable Oscar B. Goodman, 

Mayor, City of Las Vegas, 400 Stewart 

Avenue, Las Vegas, NV 89101.

June 16, 2011 ................ 325276 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Rules and Regulations 425 

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. 

North Carolina: 

Alamance 

(FEMA Docket No.: 

B-1206).

City of Burlington 

(10–04–4375P).

May 6, 2011; May 13, 2011; 

The Times-News.

The Honorable Ronnie K. Wall, Mayor, 

City of Burlington, 425 South Lexington 

Avenue, Burlington, NC 27216.

September 12, 2011 ....... 370002 

Alamance 

(FEMA Docket No.: 

B-1206).

Town of Elon (10– 

04–4375P).

May 6, 2011; May 13, 2011; 

The Times-News.

The Honorable Jerry R. Tolley, Mayor, 

Town of Elon, 104 South Williamson 

Avenue, Elon, NC 27244.

September 12, 2011 ....... 370411 

Buncombe 

(FEMA Docket No.: 

B-1206).

Unincorporated 

areas of Buncombe County 

(10–04–2274P).

May 13, 2011; May 20, 2011; 

The Asheville Citizen-Times.

Ms. Wanda Greene, Buncombe County 

Manager, 205 College Street, Suite 

300, Asheville, NC 28801.

September 19, 2011 ....... 370031 

Davidson 

(FEMA Docket No.: 

B-1206).

Unincorporated 

areas of Davidson 

County (10–04– 

3473P).

May 6, 2011; May 13, 2011; 

The High Point Enterprise.

Mr. Robert Hyatt Davidson, County Manager, 913 Greensboro Street, Lexington, NC 27292.September 12, 2011 ....... 370307 

Guilford (FEMA 

Docket No.: 

B-1206).

City of High Point 

(10–04–3473P).

May 6, 2011; May 13, 2011; 

The High Point Enterprise.

The Honorable Rebecca R. Smothers, 

Mayor, City of High Point, 211 South 

Hamilton Street, High Point, NC 27261.

September 12, 2011 ....... 370113 

Madison (FEMA 

Docket No.: 

B-1206).

Unincorporated 

areas of Madison 

County (10–04– 

8485P).

March 30, 2011; April 6, 2011; 

The News-Record & Sentinel.

Mr. Steve Garrison, Madison County 

Manager, 2 North Main Street, Marshall, NC 28753.

August 4, 2011 ............... 370152 

Union (FEMA 

Docket No.: 

B-1209).

Unincorporated 

areas of Union 

County (11–04– 

1541P).

June 2, 2011; June 9, 2011; 

The Charlotte Observer and 

The Enquirer-Journal.

Ms. Cynthia Coto, Union County Manager, Union County Government Center, 500 North Main Street, Room 918, 

Monroe, NC 28112.

October 7, 2011 ............. 370234 

Union (FEMA 

Docket No.: 

B-1209).

Village of Marvin 

(11–04–1541P).

June 2, 2011; June 9, 2011; 

The Charlotte Observer and 

The Enquirer-Journal.

The Honorable Nick Dispenziere, Mayor, 

Village of Marvin, 10004 New Town 

Road, Marvin, NC 28173.

October 7, 2011 ............. 370514 

(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. 

[FR Doc. 2011–33772 Filed 1–4–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–B–1235] 

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, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

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 


emcdonald on DSK5VPTVN1PROD with RULES