Changes in Flood Elevation Determinations, 59767-59768 [2012-24000]

Download as PDF 59767 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations Dated: September 17, 2012. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012–23990 Filed 9–28–12; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 [Docket ID FEMA–2012–0003] Changes in Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: Modified Base (1% annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified BFEs will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the following table and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. ADDRESSES: The modified BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below. FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering Management Branch, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–4064, or (email) Luis. Rodriguez3@fema.dhs.gov. SUMMARY: State and county mstockstill on DSK4VPTVN1PROD with RULES Florida: Sumter (FEMA Docket No.: B–1260). New Mexico: Bernalillo (FEMA Docket No.: B– 1234). North Carolina: Orange (FEMA Docket No.: B– 1260). Texas: Bexar (FEMA Docket No.: B– 1260). VerDate Mar<15>2010 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 Associate Administrator for Mitigation 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 SUPPLEMENTARY INFORMATION: 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: ■ Location and case No. Date and name of newspaper where notice was published Chief executive officer of community Effective date of modification Unincorporated areas of Sumter County (11–04– 4816P). City of Albuquerque (11–06–0465P). September 22, 2011; September 29, 2011; The Sumter County Times. The Honorable Don Burgess, Chairman, Sumter County Board of Commissioners, 7375 Powell Road, Wildwood, FL 34785. The Honorable Richard J. Berry, Mayor, City of Albuquerque, 1 Civic Place, Albuquerque, NM 87102. January 27, 2012 ........... 120296 September 27, 2011 ....... 350002 Town of Chapel Hill (10–04–6903P). November 23, 2011; November 30, 2011; The Chapel Hill Herald. March 29, 2012 .............. 370180 City of San Antonio (11–06–2247P). November 28, 2011; December 5, 2011; The San Antonio Express-News. The Honorable Mark Kleinschmidt, Mayor, Town of Chapel Hill, 405 Martin Luther King, Jr. Boulevard, Chapel Hill, NC 27514. The Honorable Julian Castro, Mayor, City of San Antonio, 100 Military Plaza, San Antonio, TX 78205. December 21, 2011 ........ 480045 16:08 Sep 28, 2012 October 4, 2011; October 11, 2011; The Albuquerque Journal. Jkt 226001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\01OCR1.SGM 01OCR1 Community No. 59768 Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: September 14, 2012. Sandra K. Knight, Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012–24000 Filed 9–28–12; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY to http://www.regulations.gov, inserting USCG–2012–0832 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Paul Crissy, Coast Guard; telephone 202–372–1093, email Paul.H.Crissy@uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Table of Contents for Preamble Coast Guard [Docket No. USCG–2012–0832] I. Abbreviations II. Regulatory History III. Basis and Purpose IV. Background V. Regulatory Analyses A. Regulatory Planning and Review B. Small Entities C. Assistance for Small Entities D. Collection of Information E. Federalism F. Unfunded Mandates Reform Act G. Taking of Private Property H. Civil Justice Reform I. Protection of Children J. Indian Tribal Governments K. Energy Effects L. Technical Standards M. Environment RIN 1625–AB87 I. Abbreviations Shipping and Transportation; Technical, Organizational, and Conforming Amendments CFR Code of Federal Regulations NMC National Maritime Center NPRM Notice of proposed rulemaking U.S.C. United States Code 46 CFR Parts 1, 2, 6, 8, 10, 11, 12, 15, 16, 24, 25, 26, 27, 28, 30, 31, 32, 34, 35, 39, 42, 46, 50, 52, 53, 54, 56, 57, 58, 59, 61, 62, 63, 64, 67, 70, 71, 76, 77, 78, 90, 91, 92, 95, 96, 97, 98, 105, 107, 108, 109, 110, 111, 114, 117, 125, 126, 127, 128, 130, 131, 133, 134, 147, 148, 150, 151, 153, 154, 159, 160, 161, 162, 164, 167, 169, 170, 171, 172, 174, 175, 179, 180, 188, 189, 193, 194, 195, 197, 199, and 401 49 CFR Parts 450, 451, 452, and 453 Coast Guard, DHS. Final rule. AGENCY: ACTION: This final rule makes nonsubstantive changes throughout Titles 46 and 49 of the Code of Federal Regulations. The purpose of this rule is to make conforming amendments and technical corrections to Coast Guard shipping and transportation regulations. This rule will have no substantive effect on the regulated public. These changes are provided to coincide with the annual recodification of Titles 46 and 49 on October 1, 2012. DATES: This final rule is effective October 1, 2012. ADDRESSES: Comments and material received from the public, as well as documents mentioned in this preamble as being available in the docket, are part of docket USCG–2012–0832 and are available for inspection or copying at the Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet by going mstockstill on DSK4VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:08 Sep 28, 2012 Jkt 226001 II. Regulatory History We did not publish a notice of proposed rulemaking (NPRM) for this rule. Under 5 U.S.C. 553(b)(A) and (b)(B) the Coast Guard finds this rule is exempt from notice and comment rulemaking requirements because these changes involve rules of agency organization, procedure, or practice. In addition, good cause exists for not publishing an NPRM for all revisions in the rule because the revisions are all non-substantive changes. This rule consists only of corrections and editorial, organizational, and conforming amendments. These changes will have no substantive effect on the public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective upon publication in the Federal Register. III. Basis and Purpose Each year, the printed editions of Titles 46 and 49 of the Code of Federal Regulations (CFR) are recodified on October 1. This rule, which becomes effective October 1, 2012, makes technical and editorial corrections throughout Titles 46 and 49. This rule PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 does not create any substantive requirements. This rule updates internal Coast Guard office symbols throughout Titles 46 and 49 of the CFR in order to conform to the office symbols that came into use with the Deputy Commandant for Operations 3.0 realignment effective May 6, 2012. This rule also updates various addresses for Coast Guard offices throughout Titles 46 and 49 of the CFR in order to conform to new mailing addresses and mailing address formats that came into use June 15, 2009. Additional amendments to 46 CFR and 49 CFR are as follows: This rule amends 46 CFR 1.01–10 and 1.01–15 to update the title of the National Maritime Center’s (NMC’s) satellite offices. This rule amends 46 CFR 2.10–20 to add the option of using Pay.gov for online payment of fees related to vessel inspections. This rule amends 46 CFR 10.107 and 10.217 to update the title of the NMC’s satellite offices. This rule amends 46 CFR 24.20–1 to correct the formatting. Currently, the first paragraph in 24.20–1 is designated as paragraph (a), which is incorrect because there is no paragraph (b). This rule amends 46 CFR 25.01–1 to add a note stating that additional Coast Guard regulations applicable to Uninspected Passenger Vessels can be found in 33 CFR. This rule amends 46 CFR 27.102 to correct a typographical error. This rule amends 46 CFR 39.20–9 to correct a CFR reference. This rule amends 46 CFR 46.10–60 to reflect the new Customs and Border Protection title Director, Field Operations, and to correct a formatting error: currently, the first paragraph is designated as paragraph (a), which is incorrect because there is no paragraph (b). This rule amends 46 CFR 61.20–17, 61.20–21, and 61.40–10 to correct typographical errors. This rule amends 46 CFR 67.3 to update the address and the title for the U.S. Customs office, and to update a reference to the Secretary of Transportation; the responsible party is now the Secretary of Homeland Security. This rule amends 46 CFR 76.33–15 to correct a typographical error. This rule amends 46 CFR 90.35–5 to correct a formatting error. This rule amends 46 CFR 111.105–31 to correct a measurement whose decimal point is currently misplaced. This rule amends 46 CFR 117.15 to remove the obsolete ‘‘grandfather’’ time E:\FR\FM\01OCR1.SGM 01OCR1

Agencies

[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59767-59768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24000]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65

[Docket ID FEMA-2012-0003]


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are 
finalized for the communities listed below. These modified BFEs will be 
used to calculate flood insurance premium rates for new buildings and 
their contents.

DATES: The effective dates for these modified BFEs are indicated on the 
following table and revise the Flood Insurance Rate Maps (FIRMs) in 
effect for the listed communities prior to this date.

ADDRESSES: The modified BFEs for each community are available for 
inspection at the office of the Chief Executive Officer of each 
community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT: Luis Rodriguez, Chief, Engineering 
Management Branch, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency, 500 C Street SW., Washington, DC 
20472, (202) 646-4064, or (email) Luis.Rodriguez3@fema.dhs.gov.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) makes the final determinations listed below of the modified BFEs 
for each community listed. These modified BFEs have been published in 
newspapers of local circulation and ninety (90) days have elapsed since 
that publication. The Deputy Associate Administrator for Mitigation 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]

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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida: Sumter (FEMA Docket No.:   Unincorporated areas   September 22, 2011;   The Honorable Don          January 27, 2012...............       120296
 B-1260).                            of Sumter County (11-  September 29, 2011;   Burgess, Chairman,
                                     04-4816P).             The Sumter County     Sumter County Board of
                                                            Times.                Commissioners, 7375
                                                                                  Powell Road, Wildwood,
                                                                                  FL 34785.
New Mexico: Bernalillo (FEMA        City of Albuquerque    October 4, 2011;      The Honorable Richard J.   September 27, 2011.............       350002
 Docket No.: B-1234).                (11-06-0465P).         October 11, 2011;     Berry, Mayor, City of
                                                            The Albuquerque       Albuquerque, 1 Civic
                                                            Journal.              Place, Albuquerque, NM
                                                                                  87102.
North Carolina: Orange (FEMA        Town of Chapel Hill    November 23, 2011;    The Honorable Mark         March 29, 2012.................       370180
 Docket No.: B-1260).                (10-04-6903P).         November 30, 2011;    Kleinschmidt, Mayor,
                                                            The Chapel Hill       Town of Chapel Hill, 405
                                                            Herald.               Martin Luther King, Jr.
                                                                                  Boulevard, Chapel Hill,
                                                                                  NC 27514.
Texas: Bexar (FEMA Docket No.: B-   City of San Antonio    November 28, 2011;    The Honorable Julian       December 21, 2011..............       480045
 1260).                              (11-06-2247P).         December 5, 2011;     Castro, Mayor, City of
                                                            The San Antonio       San Antonio, 100
                                                            Express-News.         Military Plaza, San
                                                                                  Antonio, TX 78205.
--------------------------------------------------------------------------------------------------------------------------------------------------------



[[Page 59768]]

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


    Dated: September 14, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2012-24000 Filed 9-28-12; 8:45 am]
BILLING CODE 9110-12-P