[Federal Register Volume 60, Number 171 (Tuesday, September 5, 1995)]
[Rules and Regulations]
[Pages 46042-46043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21924]



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FEDERAL EMERGENCY MANAGEMENT AGENCY
44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Final rule.

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

EFFECTIVE DATES: The effective dates for these modified base flood 
elevations are indicated on the following table and revise the Flood 
Insurance Rate Map(s) in effect for each listed community prior to this 
date.

ADDRESSES: The modified base flood elevations 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 following 
table.

FOR FURTHER INFORMATION CONTACT: Michael K. Buckley, P.E., Chief, 
Hazard Identification Branch, Mitigation Directorate, 500 C Street, SW, 
Washington, DC 20472, (202) 646-2756.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
makes the final determinations listed below of the final determinations 
of modified base flood elevations 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 Associate Director has resolved any appeals resulting from this 
notification.
    The modified base flood elevations are not listed for each 
community in this notice. However, this rule includes the address of 
the Chief Executive Officer of the community where the modified base 
flood elevation determinations are available for inspection.
    The modifications 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 base flood elevations are the basis for the floodplain 
management measures that the community is required to either 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 elevations, 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 elevations are used to meet the floodplain 
management requirements of the NFIP and are also used to calculate the 
appropriate flood insurance premium rates for new buildings built after 
these elevations are made final, and for the contents in these 
buildings.
    The changes in base flood elevations are in accordance with 44 CFR 
65.4.

National Environmental Policy Act

    This rule is categorically excluded from the requirements of 44 CFR 
Part 10, Environmental Consideration. No environmental impact 
assessment has been prepared.

Regulatory Flexibility Act

    The Associate Director, Mitigation Directorate, certifies that this 
rule is exempt from the requirements of the Regulatory Flexibility Act 
because modified base flood elevations are required by the Flood 
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to 
maintain community eligibility in the NFIP. No regulatory flexibility 
analysis has been prepared.

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 12612, Federalism

    This rule involves no policies that have federalism implications 
under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform

    This rule meets the applicable standards of Section 2(b)(2) of 
Executive Order 12778.

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.


Sec. 65.4  [Amended]

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

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                                                               Dates and name of newspaper    Chief executive officer    Effective date of    Community 
      State and county                  Location               where notice was published           of community           modification          No.    
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Montana: Flathead (FEMA       Unincorporated Areas........  March 16, 1995, March 23, 1995,   The Honorable Sharon L.  Mar. 3, 1995........       300023
 Docket No. 7139).                                           Daily Inter Lake.                 Stratton, Chairman,                                      
                                                                                               Flathead County Board                                    
                                                                                               of Commissioners, 800                                    
                                                                                               South Main Street,                                       
                                                                                               Kalispell, Montana                                       
                                                                                               59901.                                                   
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[[Page 46043]]


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 28, 1995.
Richard T. Moore,
Associate Director for Mitigation.
[FR Doc. 95-21924 Filed 9-1-95; 8:45 am]
BILLING CODE 6718-03-P