Changes in Flood Elevation Determinations, 76052-76055 [2011-31271]
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<![CDATA[
76052
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
workers and ecological receptors. The
RAOs for the Site were:
• Prevent exposure to contaminated
soil/sediment via ingestion, inhalation,
or dermal contact that would result in
an excess carcinogenic risk of 1.0 × 10¥5
or a Hazard Index of 1.0.
• Prevent exposure of contaminated
soil/sediment to aquatic or terrestrial
organisms via direct contact or indirect
ingestion of bioaccumulative chemicals
that would result in a Hazard Quotient
of 1.0.
• Prevent or minimize migration of
soil contaminants to ground water.
• Prevent or minimize further
migration of soil and sediment
contaminants to surface water that
could result in exceedance of ambient
water quality criteria.
receptors. The EPA will conduct a
statutory review before April 18, 2012.
Community Involvement
Public participation activities have
been satisfied as required in CERCLA
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Documents in the deletion docket which
the EPA relied on for recommendation
for the deletion from the NPL are
available to the public in the
information repositories, and a notice of
availability of the Notice of Intent for
Deletion has been published in The Port
Arthur News to satisfy public
participation procedures required by 40
CFR 300.425(e)(4).
Operation and Maintenance
Operation and maintenance activities
at the Site will include surface water
and sediment sampling. In addition, the
restrictive covenant will be monitored
to ensure it is effective in maintaining
industrial/commercial land use at the
Site.
Determination That the Criteria for
Deletion Have Been Met
In accordance with 40 CFR
300.425(e), sites may be deleted from
the NPL where no further response is
appropriate. The EPA, in consultation
with the State of Texas (through the
Texas Commission on Environmental
Quality), has determined that based on
the results of the BHHRA and SLERA
and the completion of the EPA’s Time
Critical Removal Action that addressed
contamination at the Site that posed a
risk to human health and the
environment, the EPA’s Selected
Remedy for the SMPA Superfund Site
was ‘‘No Further Action is Necessary.’’
The EPA has implemented all
appropriate response actions required;
no further response action by
responsible parties is appropriate; and
the RI, SRI, BHHRA, and SLERA, have
shown that the release poses no
significant threat to public health or the
environment under a commercial/
industrial land use scenario and,
therefore, the taking of additional
remedial measures is not appropriate.
EPA received a letter, dated May 25,
2011, from the State of Texas, through
the Texas Commission on
Environmental Quality, concurring on
the deletion of the SMPA Superfund
Site from the NPL.
Five-Year Reviews
Since remaining conditions at the Site
will not allow for unlimited use and
unrestricted exposure, a Five-Year
Review must be conducted for the Site
to ensure that future Site development
is consistent with the industrial cleanup
standards for which the remedy is based
and that conditions remain protective of
human health and the environment. As
part of the Five-Year Review, sediment
sampling and monitoring will be
considered in Sabine Lake adjacent to
the Site to ensure that the remedy
remains protective of ecological
V. Deletion Action
The EPA, with concurrence of the
State of Texas, through the Texas
Commission on Environmental Quality,
has determined that all appropriate
response actions under CERCLA, other
than operation, maintenance,
monitoring, and Five-Year Reviews,
have been completed. Therefore, EPA is
deleting the SMPA Superfund Site from
the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective February 6, 2012
Response Actions
Based on the results of the BHHRA
and SLERA, the EPA’s Selected Remedy
for the SMPA Superfund Site was ‘‘No
Further Action is Necessary.’’ The EPA
has obtained a Restrictive Covenant
from the landowner indicating that the
future use of the property is restricted
to commercial/industrial purposes. The
Restrictive Covenant was filed in the
appropriate property records at the
County Clerk’s office in Jefferson
County on March 25, 2011.
tkelley on DSK3SPTVN1PROD with RULES
Cleanup Goals
The cleanup goals, accomplished by
the 2001 Time Critical Removal Action,
included the removal, treatment, and
off-site disposal of the liquids and
sludges in the above ground storage
tanks and drums. There were no
cleanup goals selected in the Record of
Decision.
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unless EPA receives adverse comments
by January 5, 2012. If adverse comments
are received within the 30-day public
comment period, EPA will publish a
timely withdrawal of this direct final
notice of deletion before the effective
date of the deletion and it will not take
effect. EPA will prepare a response to
comments and continue with the
deletion process on the basis of the
notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: November 14, 2011.
Al Armendariz,
Regional Administrator, Region 6.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Appendix B—[Amended]
2. Table 1 of Appendix B to Part 300
is amended by removing the entry
‘‘State Marine of Port Arthur, Jefferson
County’’ under TX.
■
[FR Doc. 2011–31260 Filed 12–5–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–B–1231]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
SUMMARY:
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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
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.
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.
SUPPLEMENTARY INFORMATION:
State and county
Alabama:
Madison ............
Tuscaloosa .......
Tuscaloosa .......
Arizona:
Coconino ..........
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:
■
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of modification
Unincorporated
areas of Madison
County (11–04–
3252P).
Town of Coaling
(11–04–2431P).
September 8, 2011; September
15, 2011; The Huntsville
Times.
The Honorable Mike Gillespie, Chairman,
Madison County Commission, 10 North
Side Square, Huntsville, AL 35801.
January 13, 2012 ...........
010151
September 8,
15, 2011;
News.
September 8,
15, 2011;
News.
The Honorable Charles Foster, Mayor,
Town of Coaling, 11281 Stephens
Loop, Coaling, AL 35453.
The Honorable W. Hardy McCollum, Probate Judge, Tuscaloosa County Commission, 714 Greensboro Avenue, Tuscaloosa, AL 35401.
January 13, 2012 ...........
010480
January 13, 2012 ...........
010201
The Honorable Sara Presler, Mayor, City
of Flagstaff, 211 West Aspen Avenue,
Flagstaff, AZ 86001.
August 5, 2011; August 12, The Honorable Bob Walkup, Mayor, City
2011; The Arizona Daily Star.
of Tucson, 255 West Alameda Street,
Tucson, AZ 85701.
´
September 20, 2011; Sep- The Honorable Ramon Valadez, Chairtember 27, 2011; The Daily
man, Pima County Board of SuperTerritorial.
visors, 130 West Congress Street, 11th
Floor, Tucson, AZ 85701.
´
May 31, 2011; June 7, 2011; The Honorable Ramon Valadez, ChairThe Daily Territorial.
man, Pima County Board of Supervisors, 130 West Congress Street, 11th
Floor, Tucson, AZ 85701.
May 27, 2011 .................
040020
August 29, 2011 .............
040076
January 25, 2012 ...........
040073
October 6, 2011 .............
040073
Unincorporated
areas of Tuscaloosa County (11–
04–2431P).
City of Flagstaff (11–
09–2204P).
City of Tucson (11–
09–1158P).
Pima .................
tkelley on DSK3SPTVN1PROD with RULES
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.
Location and case
No.
Pima .................
Unincorporated
areas of Pima
County (11–09–
0275P).
Unincorporated
areas of Pima
County (12–09–
0017P).
Pima .................
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
2011; September
The Tuscaloosa
2011; September
The Tuscaloosa
June 3, 2011; June 10, 2011;
The Arizona Daily Sun.
Colorado:
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Community
No.
76054
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of modification
Douglas ............
Town of Castle Rock
(11–08–0329P).
080050
Unincorporated
areas of Douglas
County (11–08–
0329P).
Unincorporated
areas of Larimer
County (11–08–
0189P).
The Honorable Paul Donahue, Mayor,
Town of Castle Rock, 100 North Wilcox
Street, Castle Rock, CO 80104.
The Honorable Jill E. Repella, Chair,
Douglas County Board of Commissioners, 100 3rd Street, Castle Rock,
CO 80104.
The Honorable Tom Donnelly, Chairman,
Larimer County Board of Commissioners, 200 West Oak Street, 2nd
Floor, Fort Collins, CO 80522.
January 13, 2012 ...........
Douglas ............
September 8, 2011; September
15, 2011; The Douglas
County News-Press.
September 8, 2011; September
15, 2011; The Douglas
County News-Press.
January 13, 2012 ...........
080049
September 29, 2011 .......
080101
The Honorable Dan Dodge, Mayor, Town
of Hillsboro Beach, 1210 Hillsboro Mile,
Hillsboro Beach, FL 33062.
The Honorable Heather Carruthers,
Mayor, Monroe County, 530 Whitehead
Street, Key West, FL 33040.
June 21, 2011 ................
120040
February 2, 2012 ............
125129
The Honorable Buddy Dyer, Mayor, City
of Orlando, 400 South Orange Avenue,
3rd Floor, Orlando, FL 32808.
September 29, 2011; October The Honorable Buddy Dyer, Mayor, City
6, 2011; The Orlando Weekly.
of Orlando, 400 South Orange Avenue,
3rd Floor, Orlando, FL 32808.
September 15, 2011; Sep- The Honorable Mike Yakes, Mayor, City
tember 22, 2011; The St. Peof Gulfport, 2401 53rd Street, Gulfport,
tersburg Times.
FL 33707.
September 15, 2011; Sep- The Honorable Susan Latvala, Chair,
tember 22, 2011; The St. PePinellas County Board of Supervisors,
tersburg Times.
315 Court Street, Clearwater, FL 33756.
November 4, 2011 ..........
120186
September 20, 2011 .......
120186
January 20, 2012 ...........
125108
January 20, 2012 ...........
125139
September 8, 2011; September
15, 2011; The Sumter County Times.
The Honorable Don Burgess, Chairman,
Sumter County Board of Commissioners, 7375 Powell Road, Wildwood,
FL 34785.
August 30, 2011 .............
120296
City of Las Vegas
(11–09–0799P).
September 1, 2011; September
8, 2011; The Las Vegas Review-Journal.
January 6, 2012 .............
325276
City of North Las
Vegas (11–09–
0799P).
September 1, 2011; September
8, 2011; The Las Vegas Review-Journal.
The Honorable Oscar B. Goodman,
Mayor, City of Las Vegas, 400 Stewart
Avenue, 10th Floor, Las Vegas, NV
89101.
The Honorable Shari L. Buck, Mayor, City
of North Las Vegas, 2200 Civic Center
Drive, North Las Vegas, NV 89030.
January 6, 2012 .............
320007
Unincorporated
areas of Dorchester County
(10–04–8306P).
Unincorporated
areas of
Spartanburg
County (11–04–
4008P).
August 24, 2011; August 31,
2011; The Summerville Journal Scene.
The Honorable Larry S. Hargett, Chairman, Dorchester County Council, 201
Johnston Street, Dorchester, SC 29477.
December 29, 2011 ........
450068
September 8, 2011; September
15, 2011; The Spartanburg
Herald-Journal.
The Honorable Jeffrey A. Horton, Chairman, Spartanburg County Council, 366
North Church Street, Suite 1000,
Spartanburg, SC 29303.
August 30, 2011 .............
450176
City of Munford (11–
04–1663P).
June 16, 2011; June 23, 2011;
The Leader.
October 21, 2011 ...........
470422
Unincorporated
areas of Tipton
County (11–04–
1663P).
June 16, 2011; June 23, 2011;
The Leader.
The Honorable Dwayne Cole, Mayor, City
of Munford, 1397 Munford Avenue,
Munford, TN 38058.
The Honorable Jeff Huffman, Tipton
County Executive, 220 U.S. Route 51
North, Suite 2, Covington, TN 38019.
October 21, 2011 ...........
470340
City of Lander (11–
08–0099P).
September 11, 2011; September 18, 2011; The Lander
Journal.
The Honorable Mick Wolfe, Mayor, City of
Lander, 240 Lincoln Street, Lander, WY
82520.
January 16, 2012 ...........
560020
State and county
Larimer .............
Florida:
Broward ............
Monroe .............
Orange .............
Town of Hillsboro
Beach (11–04–
3579P).
Unincorporated
areas of Monroe
County (11–04–
5095P).
City of Orlando (11–
04–2561P).
Orange .............
City of Orlando (11–
04–5608P).
Pinellas .............
City of Gulfport (10–
04–7908P).
Pinellas .............
Unincorporated
areas of Pinellas
County (10–04–
7908P).
Unincorporated
areas of Sumter
County (11–04–
6000P).
Sumter ..............
Nevada:
Clark .................
Clark .................
South Carolina:
Dorchester ........
Spartanburg ......
Tennessee:
Tipton ...............
Tipton ...............
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Wyoming:
Fremont ............
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September 8, 2011; September
15, 2011; The Fort Collins
Coloradoan.
June 28, 2011; July 5, 2011;
The Sun-Sentinel.
September 28, 2011; October
5, 2011; The Key West Citizen.
June 30, 2011; July 7, 2011;
The Orlando Weekly.
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Community
No.
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Rules and Regulations
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: November 18, 2011.
Sandra K. Knight,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2011–31271 Filed 12–5–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket ID FEMA–2011–0002]
Final Flood Elevation Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
SUMMARY:
Flooding source(s)
The final 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 for the modified BFEs for
each community listed. These modified
elevations 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.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
ADDRESSES:
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.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
amended as follows:
PART 67—[AMENDED]
1. The authority citation for part 67
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.
§ 67.11
[Amended]
2. The tables published under the
authority of § 67.11 are amended as
follows:
■
* Elevation in feet
(NGVD)
+ Elevation in feet
(NAVD)
# Depth in feet
above ground
∧ Elevation in
Meters (MSL)
Modified
Location of referenced elevation
76055
Communities affected
Boone County, Indiana, and Incorporated Areas
Docket No.: FEMA–B–1148
Approximately 530 feet downstream of Wilson Road .........
+914
Fishback Creek .........................
tkelley on DSK3SPTVN1PROD with RULES
Etter Ditch .................................
Just upstream of Indianapolis Road ...................................
Approximately 0.53 mile downstream of County Road 550
South.
+928
+897
+949
Green Ditch ...............................
Approximately 0.61 mile upstream of County Road 400
East.
At the confluence with Etter Ditch .......................................
Just upstream of South Cozy Lane ....................................
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+916
+922
06DER1
Town of Whitestown, Unincorporated Areas of Boone
County.
City of Lebanon, Town of
Whitestown, Unincorporated Areas of Boone
County.
Town of Whitestown.
]]>Agencies
[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Rules and Regulations]
[Pages 76052-76055]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31271]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-B-1231]
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
[[Page 76053]]
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 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama:
Madison....................... Unincorporated areas September 8, 2011; The Honorable Mike January 13, 2012............... 010151
of Madison County September 15, 2011; Gillespie, Chairman,
(11-04-3252P). The Huntsville Madison County
Times. Commission, 10 North
Side Square, Huntsville,
AL 35801.
Tuscaloosa.................... Town of Coaling (11- September 8, 2011; The Honorable Charles January 13, 2012............... 010480
04-2431P). September 15, 2011; Foster, Mayor, Town of
The Tuscaloosa News. Coaling, 11281 Stephens
Loop, Coaling, AL 35453.
Tuscaloosa.................... Unincorporated areas September 8, 2011; The Honorable W. Hardy January 13, 2012............... 010201
of Tuscaloosa County September 15, 2011; McCollum, Probate Judge,
(11-04-2431P). The Tuscaloosa News. Tuscaloosa County
Commission, 714
Greensboro Avenue,
Tuscaloosa, AL 35401.
Arizona:
Coconino...................... City of Flagstaff (11- June 3, 2011; June The Honorable Sara May 27, 2011................... 040020
09-2204P). 10, 2011; The Presler, Mayor, City of
Arizona Daily Sun. Flagstaff, 211 West
Aspen Avenue, Flagstaff,
AZ 86001.
Pima.......................... City of Tucson (11-09- August 5, 2011; The Honorable Bob Walkup, August 29, 2011................ 040076
1158P). August 12, 2011; Mayor, City of Tucson,
The Arizona Daily 255 West Alameda Street,
Star. Tucson, AZ 85701.
Pima.......................... Unincorporated areas September 20, 2011; The Honorable January 25, 2012............... 040073
of Pima County (11- September 27, 2011; Ram[oacute]n Valadez,
09-0275P). The Daily Chairman, Pima County
Territorial. Board of Supervisors,
130 West Congress
Street, 11th Floor,
Tucson, AZ 85701.
Pima.......................... Unincorporated areas May 31, 2011; June The Honorable October 6, 2011................ 040073
of Pima County (12- 7, 2011; The Daily Ram[oacute]n Valadez,
09-0017P). Territorial. Chairman, Pima County
Board of Supervisors,
130 West Congress
Street, 11th Floor,
Tucson, AZ 85701.
Colorado:
[[Page 76054]]
Douglas....................... Town of Castle Rock September 8, 2011; The Honorable Paul January 13, 2012............... 080050
(11-08-0329P). September 15, 2011; Donahue, Mayor, Town of
The Douglas County Castle Rock, 100 North
News-Press. Wilcox Street, Castle
Rock, CO 80104.
Douglas....................... Unincorporated areas September 8, 2011; The Honorable Jill E. January 13, 2012............... 080049
of Douglas County September 15, 2011; Repella, Chair, Douglas
(11-08-0329P). The Douglas County County Board of
News-Press. Commissioners, 100 3rd
Street, Castle Rock, CO
80104.
Larimer....................... Unincorporated areas September 8, 2011; The Honorable Tom September 29, 2011............. 080101
of Larimer County September 15, 2011; Donnelly, Chairman,
(11-08-0189P). The Fort Collins Larimer County Board of
Coloradoan. Commissioners, 200 West
Oak Street, 2nd Floor,
Fort Collins, CO 80522.
Florida:
Broward....................... Town of Hillsboro June 28, 2011; July The Honorable Dan Dodge, June 21, 2011.................. 120040
Beach (11-04-3579P). 5, 2011; The Sun- Mayor, Town of Hillsboro
Sentinel. Beach, 1210 Hillsboro
Mile, Hillsboro Beach,
FL 33062.
Monroe........................ Unincorporated areas September 28, 2011; The Honorable Heather February 2, 2012............... 125129
of Monroe County (11- October 5, 2011; Carruthers, Mayor,
04-5095P). The Key West Monroe County, 530
Citizen. Whitehead Street, Key
West, FL 33040.
Orange........................ City of Orlando (11- June 30, 2011; July The Honorable Buddy Dyer, November 4, 2011............... 120186
04-2561P). 7, 2011; The Mayor, City of Orlando,
Orlando Weekly. 400 South Orange Avenue,
3rd Floor, Orlando, FL
32808.
Orange........................ City of Orlando (11- September 29, 2011; The Honorable Buddy Dyer, September 20, 2011............. 120186
04-5608P). October 6, 2011; Mayor, City of Orlando,
The Orlando Weekly. 400 South Orange Avenue,
3rd Floor, Orlando, FL
32808.
Pinellas...................... City of Gulfport (10- September 15, 2011; The Honorable Mike Yakes, January 20, 2012............... 125108
04-7908P). September 22, 2011; Mayor, City of Gulfport,
The St. Petersburg 2401 53rd Street,
Times. Gulfport, FL 33707.
Pinellas...................... Unincorporated areas September 15, 2011; The Honorable Susan January 20, 2012............... 125139
of Pinellas County September 22, 2011; Latvala, Chair, Pinellas
(10-04-7908P). The St. Petersburg County Board of
Times. Supervisors, 315 Court
Street, Clearwater, FL
33756.
Sumter........................ Unincorporated areas September 8, 2011; The Honorable Don August 30, 2011................ 120296
of Sumter County (11- September 15, 2011; Burgess, Chairman,
04-6000P). The Sumter County Sumter County Board of
Times. Commissioners, 7375
Powell Road, Wildwood,
FL 34785.
Nevada:
Clark......................... City of Las Vegas (11- September 1, 2011; The Honorable Oscar B. January 6, 2012................ 325276
09-0799P). September 8, 2011; Goodman, Mayor, City of
The Las Vegas Las Vegas, 400 Stewart
Review-Journal. Avenue, 10th Floor, Las
Vegas, NV 89101.
Clark......................... City of North Las September 1, 2011; The Honorable Shari L. January 6, 2012................ 320007
Vegas (11-09-0799P). September 8, 2011; Buck, Mayor, City of
The Las Vegas North Las Vegas, 2200
Review-Journal. Civic Center Drive,
North Las Vegas, NV
89030.
South Carolina:
Dorchester.................... Unincorporated areas August 24, 2011; The Honorable Larry S. December 29, 2011.............. 450068
of Dorchester County August 31, 2011; Hargett, Chairman,
(10-04-8306P). The Summerville Dorchester County
Journal Scene. Council, 201 Johnston
Street, Dorchester, SC
29477.
Spartanburg................... Unincorporated areas September 8, 2011; The Honorable Jeffrey A. August 30, 2011................ 450176
of Spartanburg September 15, 2011; Horton, Chairman,
County (11-04-4008P). The Spartanburg Spartanburg County
Herald-Journal. Council, 366 North
Church Street, Suite
1000, Spartanburg, SC
29303.
Tennessee:
Tipton........................ City of Munford (11- June 16, 2011; June The Honorable Dwayne October 21, 2011............... 470422
04-1663P). 23, 2011; The Cole, Mayor, City of
Leader. Munford, 1397 Munford
Avenue, Munford, TN
38058.
Tipton........................ Unincorporated areas June 16, 2011; June The Honorable Jeff October 21, 2011............... 470340
of Tipton County (11- 23, 2011; The Huffman, Tipton County
04-1663P). Leader. Executive, 220 U.S.
Route 51 North, Suite 2,
Covington, TN 38019.
Wyoming:
Fremont....................... City of Lander (11-08- September 11, 2011; The Honorable Mick Wolfe, January 16, 2012............... 560020
0099P). September 18, 2011; Mayor, City of Lander,
The Lander Journal. 240 Lincoln Street,
Lander, WY 82520.
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[[Page 76055]]
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: November 18, 2011.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-31271 Filed 12-5-11; 8:45 am]
BILLING CODE 9110-12-P
