[Federal Register Volume 66, Number 160 (Friday, August 17, 2001)]
[Rules and Regulations]
[Pages 43095-43097]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-20724]


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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-percent-annual-chance) Flood Elevations 
(BFEs) 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 BFEs are 
indicated on the table below 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: Matthew B. Miller, P.E., Chief, 
Hazards Study Branch, Hazards, Mapping and Risk Assessment Division, 
FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-3461 or (e-
mail) [email protected].

SUPPLEMENTARY INFORMATION: FEMA makes the final determinations listed 
below of the final determinations of 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 Acting Administrator, Federal Insurance and Mitigation 
Administration, has resolved any appeals resulting from this 
notification.
    The modified BFEs 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 BFE 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 BFEs 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 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.

[[Page 43096]]

    These modified BFEs 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 BFEs 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 Acting Administrator, Federal Insurance and Mitigation 
Administration, 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 names of
         State and County                  Location           newspaper where     Chief executive officer of    Effective date of      Community number
                                                            notice was published           community               modification
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Illinois: Lake (FEMA Docket No.     City of Waukegan.....  March 22, 2001, March  The Honorable Bill Durkin,  June 29, 2001........  170397
 7602).                                                     29, 2001, Chicago      Mayor, City of Waukegan,
                                                            Tribune.               106 North Utica,
                                                                                   Waukegan, Illinois 60085.
Kansas: Johnson (FEMA Docket No.    City of Shawnee......  February 8, 2001,      The Honorable Jim Allen,    January 18, 2001.....  200177
 7602).                                                     February 15, 2001,     Mayor, City of Shawnee,
                                                            Topeka Capital-        City Hall, 11110 Johnson
                                                            Journal.               Drive, Shawnee, Kansas
                                                                                   66203.
Texas:
    Potter and Randall (FEMA        City of Amarillo.....  February 1, 2001,      The Honorable Kel Seliger,  May 10, 2001.........  480529
     Docket No. 7602).                                      February 8, 2001,      Mayor, City of Amarillo,
                                                            Amarillo Daily News.   P.O. Box 1971, Amarillo,
                                                                                   Texas 79105.
    Collin (FEMA Docket No. 7602).  Unincorporated Areas.  January 18, 2001,      Mr. William J. Roberts,     April 26, 2001.......  480130
                                                            January 25, 2001,      Attn: Mr. Ruben E.
                                                            Plano Star Courier.    Delgado, 210 South
                                                                                   McDonald, McKinney, Texas
                                                                                   75069.
    Denton (FEMA Docket No. 7602).  City of Denton.......  March 23, 2001, March  The Honorable Euline        March 9, 2001........  480194
                                                            30, 2001, Denton       Brock, Mayor, City of
                                                            Record Chronicle.      Denton, 215 East McKinney
                                                                                   Street, Denton, Texas
                                                                                   76201.
    Denton (FEMA Docket No. 7602).  Unincorporated Areas.  March 23, 2001, March  The Honorable Kirk Wilson,  March 9, 2001........  480774
                                                            30, 2001, Denton       Denton County Judge,
                                                            Record Chronicle.      Courthouse-on-the-Square,
                                                                                   110 West Hickory Street,
                                                                                   Denton, Texas 76201-0000.
    Tarrant (FEMA Docket No. 7602)  City of Euless.......  February 22, 2001,     The Honorable Mary Lib      January 25, 2001.....  480593
                                                            March 1, 2001, Fort    Saleh, Mayor, City of
                                                            Worth Star-Telegram.   Euless, 201 North Ector
                                                                                   Drive, Euless, Texas
                                                                                   76039.
    Dallas (FEMA Docket No. 7602).  City of Irving.......  January 18, 2001,      The Honorable Joe H.        April 26, 2001.......  480180
                                                            January 25, 2001,      Putnam, Mayor, City of
                                                            Irving News.           Irving, P.O. Box 152288,
                                                                                   Irving, Texas 75060-0000.
    Dallas (FEMA Docket No. 7602).  City of Irving.......  March 15, 2001, March  The Honorable Bill Durkin,  February 20, 2001....  480180
                                                            22, 2001, Irving       Mayor, City of Waukegan,
                                                            News.                  P.O. Box 152288, Irving,
                                                                                   Texas 75060.
    Montgomery (FEMA Docket No.     Unincorporated Areas.  March 23, 2001, March  The Honorable Alan B.       June 29, 2001........  480483
     7602).                                                 30, 2001, Conroe       Sadler, Montgomery County
                                                            Courier.               Judge, 300 N. Thompson
                                                                                   Street, Suite 210,
                                                                                   Conroe, Texas 77301.
    Collin (FEMA Docket No. 7602).  City of Plano........  January 18, 2001,      The Honorable Jeran Akers,  April 26, 2001.......  480140
                                                            January 25, 2001,      Mayor, City of Plano,
                                                            Plano Star Courier.    P.O. Box 860358, Plano,
                                                                                   Texas 75086-0358.
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[[Page 43097]]

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

    Dated: August 10, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-20724 Filed 8-16-01; 8:45 am]
BILLING CODE 6718-04-P