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[Federal Register Volume 76, Number 71 (Wednesday, April 13, 2011)]
[Rules and Regulations]
[Pages 20556-20558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-8854]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1183]

Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Interim rule.

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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

[[Page 20557]]

Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, 
(202) 646-4064, or (e-mail) [email protected].

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]

0
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.

Sec.  65.4  [Amended]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

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                                                             Date and name of
         State and county           Location and case No.     newspaper where     Chief executive officer   Effective date of  modification   Community
                                                           notice was published         of community                                             No.
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Illinois:
    McHenry.......................  Unincorporated areas   Feb. 7, 2011, Feb.    Mr. Ken A. Koehler,        June 14, 2011..................       170732
                                     of McHenry County,     14, 2011, The         Chairman, McHenry County
                                     (10-05-4602P).         Northwest Herald.     Board, 2200 North
                                                                                  Seminary Avenue,
                                                                                  Woodstock, IL 60098.
Kansas: Johnson...................  City of Overland Park  Jan. 5, 2011, Jan.    The Honorable Carl         May 12, 2011...................       200174
                                     (10-07-2077P).         12, 2011, Sun         Gerlach, Mayor, City of
                                                            Publications.         Overland Park, 8500
                                                                                  Santa Fe Drive, Overland
                                                                                  Park, KS 66212.
Nebraska: Douglas.................  City of Omaha (10-07-  Jan. 13, 2011, Jan.   The Honorable Jim Suttle,  December 30, 2010..............       315274
                                     2288P).                20, 2011, The Daily   Mayor, City of Omaha,
                                                            Record.               Omaha-Douglas Civic
                                                                                  Center, 1819 Farnam
                                                                                  Street, Suite 300,
                                                                                  Omaha, NE 68183.
Ohio:
    Butler........................  City of Monroe (10-05- Feb. 3, 2011, Feb.    The Honorable Robert E.    January 24, 2011...............       390042
                                     4421P).                10, 2011, The         Routson, Mayor, City of
                                                            Middletown Journal.   Monroe, 233 South Main
                                                                                  Street, P.O. Box 330,
                                                                                  Monroe, OH 45050.
    Franklin......................  Unincorporated areas   Jan. 24, 2011, Jan.   Mr. John O'Grady,          May 31, 2011...................       390167
                                     of Franklin County     31, 2011, The Daily   President, Franklin
                                     (10-05-2538P).         Reporter.             County, 373 South High
                                                                                  Street, 26th Floor,
                                                                                  Columbus, OH 43215.
Rhode Island: Providence..........  City of Cranston (11-  Feb. 3, 2011, Feb.    The Honorable Allan Fung,  January 21, 2011...............       445396
                                     01-0960P).             10, 2011, The         Mayor, City of Cranston,
                                                            Cranston Herald.      Cranston City Hall, 869
                                                                                  Park Avenue, Cranston,
                                                                                  RI 02910.
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[[Page 20558]]

    (Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: March 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-8854 Filed 4-12-11; 8:45 am]
BILLING CODE 9110-12-P
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