18934 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 

IV. Collection of Information 

Requirements 

This interim final rule with comment 

does not impose information collection 

and recordkeeping requirements. 

Consequently, it need not be reviewed 

by the Office of Management and 

Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

V. Response to Comments 

Because of the large number of public 

comments we normally receive on 

Federal Register documents, we are not 

able to acknowledge or respond to them 

individually. We will consider all 

comments we receive by the date and 

time specified in the DATES section of 

this preamble, and, when we proceed 

with a subsequent document, we will 

respond to the comments in the 

preamble to that document. 

VI. Regulatory Impact Statement 

We have examined the impact of this 

interim final rule with comment period 

as required by Executive Order 12866 

on Regulatory Planning and Review 

(September 30, 1993), Executive Order 

13563 on Improving Regulation and 

Regulatory Review (January 18, 2011), 

the Regulatory Flexibility Act (RFA) 

(September 19, 1980, Pub. L. 96–354), 

section 1102(b) of the Social Security 

Act, section 202 of the Unfunded 

Mandates Reform Act of 1995 (March 

22, 1995; Pub. L. 104–4), Executive 

Order 13132 on Federalism (August 4, 

1999) and the Congressional Review Act 

(5 U.S.C. 804(2)). 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. A 

regulatory impact analysis (RIA) must 

be prepared for major rules with 

economically significant effects ($100 

million or more in any 1 year). This is 

not a significant rule and we have 

determined that this interim final rule 

with comment does not have a 

significant economic impact. Therefore, 

we have not prepared an RIA. 

With regards to the ESRD transition 

budget-neutrality adjustment, we 

believe that with a zero percent 

adjustment we are budget-neutral for 

payments made for renal dialysis 

services furnished on April 1, 2011 

through December 31, 2011. The zero 

percent transition budget-neutrality 

adjustment applied to payments made 

to ESRD facilities for renal dialysis 

services furnished on April 1, 2011 

through December 31, 2011 will 

increase payments to providers as 

compared to payments they would 

receive with a 3.1 percent transition 

budget-neutrality adjustment reduction. 

This will benefit all providers. 

The RFA requires agencies to analyze 

options for regulatory relief of small 

entities, if a rule has a significant impact 

on a substantial number of small 

entities. For purposes of the RFA, small 

entities include small businesses, 

nonprofit organizations, and small 

governmental jurisdictions. Most 

hospitals and most other providers and 

suppliers are small entities, either by 

nonprofit status or by having revenues 

of $7.0 million to $34.5 million in any 

1 year. Individuals and States are not 

included in the definition of a small 

entity. All ESRD facilities will receive a 

zero percent budget-neutrality 

adjustment to their payment for renal 

dialysis services furnished April 1, 2011 

through December 31, 2011, instead of 

a 3.1 percent reduction, including small 

dialysis facilities. We are not preparing 

an analysis for the RFA because the 

Secretary has determined that this 

interim final rule with comment will 

not have a significant economic impact 

on a substantial number of small 

entities. 

In addition, section 1102(b) of the 

Social Security Act (the Act) requires us 

to prepare a regulatory impact analysis 

if a rule may have a significant impact 

on the operations of a substantial 

number of small rural hospitals. This 

analysis must conform to the provisions 

of section 604 of the RFA. For purposes 

of section 1102(b) of the Act, we define 

a small rural hospital as a hospital that 

is located outside of a Metropolitan 

Statistical Area for Medicare payment 

regulations and has fewer than 100 

beds. We are not preparing an analysis 

for section 1102(b) of the Act because 

the Secretary has determined this rule 

does not have a substantial impact on 

small rural hospitals. Most dialysis 

facilities are free standing and we have 

determined that that this interim final 

rule with comment will not have a 

significant impact on the operations of 

a substantial number of small rural 

hospitals. 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 also 

requires that agencies assess anticipated 

costs and benefits before issuing any 

rule whose mandates require spending 

in any 1 year of $100 million in 1995 

dollars, updated annually for inflation. 

In 2011, that threshold is approximately 

$136 million. This rule will have no 

consequential effect on State, local, or 

Tribal governments or on the private 

sector. 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

Since this regulation does not impose 

any costs on State or local governments, 

the requirements of Executive Order 

13132 are not applicable. 

For the reasons set forth in the 

preamble, the Centers for Medicare & 

Medicaid Services are revising the 3.1 

percent transition budget-neutrality 

adjustment reduction to a zero percent 

transition budget-neutrality adjustment 

for renal dialysis services furnished on 

April 1, 2011 through December 31, 

2011. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: March 18, 2011. 

Donald M. Berwick, 

Administrator, Centers for Medicare & 

Medicaid Services. 

Approved: March 29, 2011. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2011–8181 Filed 4–1–11; 4:15 pm] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8175] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 18935 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

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 rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

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. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer available 

in SFHAs 

Region I 

New Hampshire: 

Hudson, Town of, Hillsborough County 330092 November 17, 1977, Emerg; January 3, 

1979, Reg; April 18, 2011, Susp. 

April 18, 2011 ... April 18, 2011. 

Nashua, City of, Hillsborough County ... 330097 February 6, 1975, Emerg; June 15, 1979, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Rhode Island: 

Cranston, City of, Providence County ... 445396 September 11, 1970, Emerg; August 27, 

1971, Reg; April 18, 2011, Susp. 

......do ............... Do. 


erowe on DSK5CLS3C1PROD with RULES
18936 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer available 

in SFHAs 

East Providence, City of, Providence 

County.

445398 June 5, 1970, Emerg; May 18, 1973, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Johnston, Town of, Providence County 440018 August 1, 1975, Emerg; September 1, 

1978, Reg; April 18, 2011, Susp. 

......do ............... Do. 

North Providence, Town of, Providence 

County.

440020 October 6, 1972, Emerg; December 15, 

1977, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Providence, City of, Providence County 445406 September 11, 1970, Emerg; December 11, 

1970, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Region IV 

Alabama: 

Randolph County, Unincorporated 

Areas.

010182 N/A, Emerg; November 5, 2003, Reg; April 

18, 2011, Susp. 

......do ............... Do. 

Roanoke, City of, Randolph County ...... 010348 N/A, Emerg; May 3, 1995, Reg; April 18, 

2011, Susp. 

......do ............... Do. 

Wadley, Town of, Randolph County ..... 010183 July 15, 1975, Emerg; August 19, 1985, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Wedowee, Town of, Randolph County 010401 N/A, Emerg; October 29, 1998, Reg; April 

18, 2011, Susp. 

......do ............... Do. 

Kentucky: 

McLean County, Unincorporated Areas 210153 February 6, 1979, Emerg; February 15, 

1991, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Morehead, City of, Rowan County ........ 210204 June 4, 1975, Emerg; July 5, 1982, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Rowan County, Unincorporated Areas .. 210203 May 19, 1975, Emerg; January 19, 1983, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Region V 

Ohio: 

Clyde, City of, Sandusky County .......... 390489 August 14, 1974, Emerg; April 2, 1979, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Corning, Village of, Perry County .......... 390440 July 18, 1975, Emerg; September 1, 1987, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Crooksville, Village of, Perry County ..... 390441 April 16, 1976, Emerg; March 4, 1988, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Fremont, City of, Sandusky County ...... 390490 June 9, 1975, Emerg; April 18, 2011, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Glenford, Village of, Perry County ........ 390442 August 11, 1978, Emerg; August 2, 1995, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Green Springs, Village of, Sandusky 

and Seneca Counties.

390492 April 2, 1976, Emerg; August 15, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Hemlock, Village of, Perry County ........ 390708 February 27, 1976, Emerg; August 19, 

1987, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Lindsey, Village of, Sandusky County ... 390494 June 20, 1975, Emerg; September 1, 1978, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

New Boston, Village of, Scioto County 390497 April 17, 1975, Emerg; January 26, 1983, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

New Lexington, Village of, Perry County 390443 September 15, 1975, Emerg; September 2, 

1982, Reg; April 18, 2011, Susp. 

......do ............... Do. 

New Straitsville, Village of, Perry County.390709 August 27, 1976, Emerg; April 17, 1987, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Perry County, Unincorporated Areas .... 390778 May 19, 1977, Emerg; September 27, 1991, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Rarden, Village of, Scioto County ......... 390499 February 14, 1977, Emerg; April 17, 1989, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Sandusky County, Unincorporated 

Areas.

390486 November 13, 1974, Emerg; January 17, 

1979, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Scioto County, Unincorporated Areas ... 390496 November 20, 1975, Emerg; June 19, 1989, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Woodville, Village of, Sandusky County 390495 November 21, 1975, Emerg; June 18, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Region VI 

Arkansas: 

Crossett, City of, Ashley County ........... 050471 May 29, 1975, Emerg; June 11, 1976, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Hamburg, City of, Ashley County .......... 050005 October 18, 1974, Emerg; April 1, 1982, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Montrose, Town of, Ashley County ....... 050006 October 10, 1974, Emerg; March 15, 1982, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 


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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 18937 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer available 

in SFHAs 

Portland, City of, Ashley County ........... 050008 August 12, 1974, Emerg; March 1, 1988, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Wilmot, City of, Ashley County .............. 050009 January 14, 1975, Emerg; March 15, 1982, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Oklahoma: 

Anadarko, City of, Caddo County ......... 400018 July 3, 1975, Emerg; September 17, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Apache, City of, Caddo County ............. 400019 August 6, 1975, Emerg; May 15, 1985, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Caddo County, Unincorporated Areas .. 400479 N/A, Emerg; June 12, 1995, Reg; April 18, 

2011, Susp. 

......do ............... Do. 

Carnegie, Town of, Caddo County ........ 400021 September 3, 1975, Emerg; July 20, 1982, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Hydro, Town of, Caddo County ............. 400024 January 9, 1987, Emerg; November 1, 

1989, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Texas: 

Argyle, Town of, Denton County ........... 480775 November 13, 1980, Emerg; April 16, 1990, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Carrollton, City of, Collin, Dallas, and 

Denton Counties.

480167 May 27, 1975, Emerg; July 16, 1980, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Celina, City of, Collin and Denton 

Counties.

480133 May 27, 1975, Emerg; November 1, 1979, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Coppell, City of, Dallas and Denton 

Counties.

480170 June 11, 1975, Emerg; August 1, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Copper Canyon, Town of, Denton 

County.

481508 July 8, 1985, Emerg; September 18, 1987, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Corinth, City of, Denton County ............ 481143 March 5, 1975, Emerg; May 15, 1979, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Dallas, City of, Collin, Dallas, Denton, 

Kaufman, and Rockwell Counties.

480171 June 30, 1970, Emerg; March 16, 1983, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Denton County, Unincorporated Areas 480774 July 22, 1975, Emerg; May 4, 1987, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Denton, City of, Denton County ............ 480194 February 18, 1972, Emerg; August 1, 1979, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Double Oak, Town of, Denton County .. 481516 May 28, 1982, Emerg; March 4, 1987, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Flower Mound, Town of, Denton and 

Tarrant Counties.

480777 July 31, 1975, Emerg; September 18, 1986, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Fort Worth, City of, Denton and Tarrant 

Counties.

480596 September 17, 1971, Emerg; June 4, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Frisco, City of, Collin and Denton Counties.480134 October 7, 1975, Emerg; June 18, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Grapevine, City of, Dallas, Denton, and 

Tarrant Counties.

480598 October 3, 1974, Emerg; November 17, 

1982, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Hackberry, City of, Denton County ....... 481607 December 17, 1987, Emerg; April 2, 1997, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Highland Village, City of, Denton County.481105 June 16, 1978, Emerg; July 16, 1987, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Krum, City of, Denton County ............... 480779 N/A, Emerg; September 23, 1996, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Lakewood Village, Town of, Denton 

County.

481663 N/A, Emerg; June 11, 2009, Reg; April 18, 

2011, Susp. 

......do ............... Do. 

Lewisville, City of, Denton County ........ 480195 January 20, 1975, Emerg; October 18, 

1988, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Northlake, Town of, Denton County ...... 480782 April 16, 1990, Emerg; September 30, 

1994, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Plano, City of, Collin and Denton Counties.480140 July 19, 1974, Emerg; January 2, 1980, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Ponder, Town of, Denton County .......... 480784 N/A, Emerg; July 17, 2002, Reg; April 18, 

2011, Susp. 

......do ............... Do. 

Sanger, City of, Denton Counties ......... 480786 December 19, 1977, Emerg; April 24, 1979, 

Reg; April 18, 2011, Susp. 

......do ............... Do. 

Trophy Club, Town of, Denton and 

Tarrant Counties.

481606 June 12, 1987, Emerg; June 12, 1987, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Westlake, Town of, Denton and Tarrant 

Counties.

480614 May 24, 1993, Emerg; June 2, 1993, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Region VII 

Missouri: 

Amazonia, City of, Andrew County ....... 290005 July 30, 1999, Emerg; May 1, 2005, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 


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18938 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer available 

in SFHAs 

Bolckow, City of, Andrew County .......... 290006 May 17, 1988, Emerg; May 17, 1989, Reg; 

April 18, 2011, Susp. 

......do ............... Do. 

Country Club, Village of, Andrew County.290604 September 13, 1976, Emerg; August 24, 

1984, Reg; April 18, 2011, Susp. 

......do ............... Do. 

Savannah, City of, Andrew County ....... 290664 December 21, 1978, Emerg; December 21, 

1978, Reg; April 18, 2011, Susp. 

......do ............... Do. 

*-do- = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: March 21, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation. 

[FR Doc. 2011–8112 Filed 4–5–11; 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] 

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 (e-mail) 

luis.rodriguez1@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 

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: 


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