20556 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

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. 

Summit (FEMA 

Docket No.: 

B–1172).

Unincorporated 

areas of Summit 

County (10–08– 

0470P).

Nov. 5, 2010, Nov. 12, 2010, 

The Summit County Journal.

Ms. Karn Stiegelmeier, Chair, Summit 

County Board of Commissioners, P.O. 

Box 68, Breckenridge, CO 80424.

November 29, 2010 ........ 080290 

Weld (FEMA 

Docket No.: 

B–1172).

Town of Firestone 

(10–08–0823P).

Oct. 8, 2010, Oct. 15, 2010, 

The Greeley Tribune.

The Honorable Chad Auer, Mayor, Town 

of Firestone, 151 Grant Avenue, P.O. 

Box 100, Firestone, CO 80520.

February 14, 2011 .......... 080241 

Weld (FEMA 

Docket No.: 

B–1172).

Town of Frederick 

(10–08–0823P).

Oct. 8, 2010, Oct. 15, 2010, 

The Greeley Tribune.

The Honorable Eric Doering, Mayor, 

Town of Frederick, 401 Locust Street, 

P.O. Box 435, Frederick, CO 80530.

February 14, 2011 .......... 080244 

Weld (FEMA 

Docket No.: 

B–1172).

Unincorporated 

areas of Weld 

County (10–08– 

0823P).

Oct. 8, 2010, Oct. 15, 2010, 

The Greeley Tribune.

Ms. Barbara Kirkmeyer, Chair, Weld 

County Board of Commissioners, 915 

10th Street, P.O. Box 758, Greeley, CO 

80632.

February 14, 2011 .......... 080266 

Florida: 

Collier (FEMA 

Docket No.: 

B–1172).

City of Marco Island 

(10–04–7495P).

Nov. 5, 2010, Nov. 12, 2010, 

The Naples Daily News.

Mr. Frank Recker, Chairman, City of 

Marco Island Council, 50 Bald Eagle 

Drive, Marco Island, FL 34145.

October 27, 2010 ........... 120426 

Sarasota (FEMA 

Docket No.: 

B–1172).

City of Sarasota 

(10–04–6569P).

Nov. 5, 2010, Nov. 12, 2010, 

The Sarasota Herald-Tribune.

The Honorable Kelly M. Kirschner, Mayor, 

City of Sarasota, 1565 1st Street, 

Room 101, Sarasota, FL 34236.

October 28, 2010 ........... 125150 

Georgia: 

Forsyth (FEMA 

Docket No.: 

B–1172).

Unincorporated 

areas of Forsyth 

County (10–04– 

6459P).

Oct. 27, 2010, Nov. 3, 2010, 

The Forsyth County News.

Mr. Brian R. Tam, Chairman, Forsyth 

County Board of Commissioners, 110 

East Main Street, Suite 210, Cumming, 

GA 30040.

November 17. 2010 ........ 130312 

South Carolina: Dorchester (FEMA 

Docket No.: B– 

1165).

Unincorporated 

areas of Dorchester County 

(10–04–6791P).

Oct. 8, 2010, Oct. 15, 2010, 

The Post and Courier.

Mr. Larry Hargett, Chairman, Dorchester 

County Council, 201 Johnston Street, 

St. George, SC 29477.

February 14, 2011 .......... 450068 

South Dakota: 

Minnehaha 

(FEMA Docket No.: B– 

1165).

City of Hartford (10– 

08–0469P).

Oct. 8, 2010, Oct. 15, 2010, 

The Argus Leader.

The Honorable Paul Zimmer, Mayor, City 

of Hartford, 125 North Main Avenue, 

Hartford, SD 57033.

February 14, 2011 .......... 460180 

Minnehaha 

(FEMA Docket No.: B– 

1165).

Unincorporated 

areas of Minnehaha County (10– 

08–0469P).

Oct. 8, 2010, Oct. 15, 2010, 

The Argus Leader.

Mr. John Pekas, Chairman, Minnehaha 

County Board of Commissioners, 415 

North Dakota Avenue, 1st Floor, Sioux 

Falls, SD 57104.

February 14, 2011 .......... 460057 

Utah: 

Utah (FEMA 

Docket No.: 

B–1172).

City of Spanish Fork 

(10–08–0282P).

Oct. 8, 2010, Oct. 15, 2010, 

The Daily Herald.

The Honorable G. Wayne Anderson, 

Mayor, City of Spanish Fork, 40 South 

Main Street, Spanish Fork, UT 84660.

February 14, 2011 .......... 490241 

Utah (FEMA 

Docket No.: 

B–1172).

Unincorporated 

areas of Utah 

County (10–08– 

0282P).

Oct. 8, 2010, Oct. 15, 2010, 

The Daily Herald.

Mr. Gary J. Anderson, Chairman, Utah 

County Board of Commissioners, 100 

East Center Street, Suite 2300, Provo, 

UT 84606.

February 14, 2011 .......... 495517 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: March 30, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–8841 Filed 4–12–11; 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; Internal 

Agency Docket No. FEMA–B–1183] 

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 20557 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–4064, or (e-mail) 

luis.rodriguez1@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 

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] 

■ 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. 

Illinois: 

McHenry ........... Unincorporated 

areas of McHenry 

County, (10–05– 

4602P).

Feb. 7, 2011, Feb. 14, 2011, 

The Northwest Herald.

Mr. Ken A. Koehler, Chairman, McHenry 

County Board, 2200 North Seminary 

Avenue, Woodstock, IL 60098.

June 14, 2011 ................ 170732 

Kansas: Johnson ..... City of Overland 

Park (10–07– 

2077P).

Jan. 5, 2011, Jan. 12, 2011, 

Sun Publications.

The Honorable Carl Gerlach, Mayor, City 

of Overland Park, 8500 Santa Fe Drive, 

Overland Park, KS 66212.

May 12, 2011 ................. 200174 

Nebraska: Douglas .. City of Omaha (10– 

07–2288P).

Jan. 13, 2011, Jan. 20, 2011, 

The Daily Record.

The Honorable Jim Suttle, Mayor, City of 

Omaha, Omaha-Douglas Civic Center, 

1819 Farnam Street, Suite 300, 

Omaha, NE 68183.

December 30, 2010 ........ 315274 

Ohio: 

Butler ................ City of Monroe (10– 

05–4421P).

Feb. 3, 2011, Feb. 10, 2011, 

The Middletown Journal.

The Honorable Robert E. Routson, 

Mayor, City of Monroe, 233 South Main 

Street, P.O. Box 330, Monroe, OH 

45050.

January 24, 2011 ........... 390042 

Franklin ............. Unincorporated 

areas of Franklin 

County (10–05– 

2538P).

Jan. 24, 2011, Jan. 31, 2011, 

The Daily Reporter.

Mr. John O’Grady, President, Franklin 

County, 373 South High Street, 26th 

Floor, Columbus, OH 43215.

May 31, 2011 ................. 390167 

Rhode Island: Providence.City of Cranston 

(11–01–0960P).

Feb. 3, 2011, Feb. 10, 2011, 

The Cranston Herald.

The Honorable Allan Fung, Mayor, City of 

Cranston, Cranston City Hall, 869 Park 

Avenue, Cranston, RI 02910.

January 21, 2011 ........... 445396 


emcdonald on DSK2BSOYB1PROD with RULES
20558 Federal Register / Vol. 76, No. 71 / Wednesday, April 13, 2011 / Rules and Regulations 

(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 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–ES–2008–0125; 

92100–1111–0000–B3] 

RIN 1018–AW09 

Endangered and Threatened Wildlife 

and Plants; 44 Marine and 

Anadromous Taxa: Adding 10 Taxa, 

Delisting 1 Taxon, Reclassifying 1 

Taxon, and Updating 32 Taxa on the 

List of Endangered and Threatened 

Wildlife 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are amending 

the List of Endangered and Threatened 

Wildlife (List) by adding 10 marine taxa, 

delisting 1 marine taxon, reclassifying 1 

marine taxon, and revising 32 marine 

taxa in accordance with the Endangered 

Species Act of 1973, as amended (Act). 

These amendments are based on 

previously published determinations by 

the National Marine Fisheries Service 

(NMFS) of the National Oceanic and 

Atmospheric Administration, 

Department of Commerce, which has 

jurisdiction for these species. 

DATES: This rule is effective April 13, 

2011. For applicability date by 

individual taxon, see table 1 in 

SUPPLEMENTARY INFORMATION. 

FOR FURTHER INFORMATION CONTACT: 

Michael Franz, 703–358–2171. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with the Act (16 U.S.C. 

1531 et seq.) and Reorganization Plan 

No. 4 of 1970 (35 FR 15627; October 6, 

1970), NMFS has jurisdiction over the 

marine and anadromous taxa specified 

in this rule. Under section 4(a)(2) of the 

Act, NMFS must decide whether a 

species under its jurisdiction should be 

classified as endangered or threatened. 

NMFS makes these determinations via 

its formal rulemaking process. We, the 

Service, are then responsible for 

publishing final rules to amend the List 

in the Code of Federal Regulations 

(CFR) at 50 CFR 17.11(h). 

Under section 4(a)(2)(A) of the Act, if 

NMFS determines that a species should 

be listed as endangered or threatened, or 

that a species’ status should be changed 

from threatened to endangered, then 

NMFS is required to inform the Service 

of the status change. The Service is then 

responsible for implementing the status 

change by publishing a final rule to 

amend the List 50 CFR 17.11(h). Under 

section 4(a)(2)(B) of the Act, if NMFS 

determines that a species should be 

removed from the List (delisted), or that 

a species’ status should be changed from 

an endangered to a threatened species, 

then NMFS is required to recommend 

the status change to the Service. If the 

Service concurs with the recommended 

status change, then the Service will 

implement the status change by 

publishing a final rule to amend the List 

50 CFR 17.11(h). 

As described below and set forth at 

table 1, NMFS has published rules 

regarding each of the species mentioned 

in this rule. Section 4(a)(2)(A) applies to 

all of the rules except that for the 

Caribbean monk seal; with respect to 

those rules, by publishing this final rule, 

we are simply taking the necessary 

administrative step to codify these 

changes in the CFR. Section 4(a)(2)(B) 

applies to the NMFS’s recommendation 

to delist the Caribbean monk seal; we 

have concurred with NMFS’s 

recommendation, and this rule 

implements that action. 

Listings 

We are adding the following ten 

species to the List based on NMFS final 

rules: 

• Coho salmon, Lower Columbia 

River evolutionarily significant unit 

(ESU), as threatened (70 FR 37160; June 

28, 2005); 

• Steelhead, Puget Sound distinct 

population segment (DPS), as threatened 

(72 FR 26722; May 11, 2007); 

• Coho salmon, Oregon Coast ESU, as 

threatened with critical habitat (73 FR 

7816; February 11, 2008); 

• Beluga whale, Cook Inlet DPS, as 

endangered (73 FR 62919; October 22, 

2008); 

• Black abalone as endangered (74 FR 

1937; January 14, 2009); 

• Bocaccio, Puget Sound/Georgia 

Basin DPS, as endangered (75 FR 22276; 

April 28, 2010); 

• Canary rockfish, Puget Sound/ 

Georgia Basin DPS, as threatened (75 FR 

22276; April 28, 2010); 

• Pacific eulachon, Southern DPS, as 

threatened (75 FR 13012; March 18, 

2010); and 

• Yelloweyerockfish, Puget Sound/ 

Georgia Basin DPS, as threatened (75 FR 

22276; April 28, 2010); 

• Spotted seal, southern DPS, as 

threatened (75 FR 65239), with a 4(d) 

rule. 

Please note: The Oregon Coast coho 

salmon ESU was listed on August 10, 1998, 

as threatened (63 FR 42587), but in 2001, the 

U.S. District Court in Eugene, Oregon, set 

aside that listing (AlseaValleyAlliance v. 

Evans, 161 F. Supp. 2d 1154, (D. Or. 2001)). 

On February 11, 2008, NMFS listed the 

Oregon Coast coho salmon ESU as 

threatened, issued protective regulations 

under section 4(d) of the Act (known as a 

4(d) rule), and designated critical habitat (73 

FR 7816). As a result of another court 

challenge (Douglas County v. Balsiger (Civ. 

No. 08–01547; D. Or. 2008), NMFS reached 

a settlement with the litigants and agreed to 

conduct another status review of the ESU. 

After conducting the additional status 

review, NMFS proposed to affirm the status 

for this ESU by promulgating a rule to 

supersede its February 11, 2008, listing 

determination (75 FR 29489; May 26, 2010). 

Delisting 

We are delisting the following species 

based on a NMFS final rule: 

• Caribbean monk seal (73 FR 63901; 

October 28, 2008). 

Reclassification 

We are reclassifying the following 

species based on a NMFS final rule: 

• Coho salmon, Central California 

Coast ESU, from threatened to 

endangered (70 FR 37160; June 28, 

2005). 

Revisions 

We are updating 32 entries on the List 

based on NMFS final rules and to make 

these entries easier for the public to 

identify as follows: 

• ‘‘Common Name’’ (adding ESU 

subtitles) and ‘‘Vertebrate population 

where endangered or threatened’’ 

updates for 14 salmon ESUs—Chinook 

(California coastal, Central Valley 

spring-run, Lower Columbia River, 

Puget Sound, Sacramento River winterrun, Snake River fall-run, Snake River 

spring/summer, Upper Columbia River 

spring-run (as discussed below), and 

Upper Willamette), chum (Columbia 

River, Hood Canal summer-run), coho 

(Central California Coast, Southern 

Oregon–Northern California Coast), and 

sockeye (Ozette Lake, Snake River)(70 

FR 37160; June 28, 2005). 

• Common Name’’ (adding DPS 

subtitles) and ‘‘Vertebrate population 

where endangered or threatened’’ 

updates for 10 steelhead DPSs— 


emcdonald on DSK2BSOYB1PROD with RULES