[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Rules and Regulations]
[Pages 53114-53115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26426]


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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, Hazard 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.
    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     Effective date of      Community number
                                                            notice was published         of community              modification
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Arkansas: Washington (FEMA Docket   City of Springdale...  April 20, 2001, April  The Honorable Jerre Van     July 27, 2001........  050219
 No. 7602).                                                 27, 2001, The          Hoose, Mayor, City of
                                                            Morning News of        Springdale, 201 Spring
                                                            Northwest Arkansas.    Street, Springdale,
                                                                                   Arkansas 72764.
Oklahoma: (FEMA Docket No. 7602)..  City of Edmond.......  May 17, 2001, May 24,  The Honorable Bob Rudkin,   August 23, 2001......  400252
                                                            2001, The Edmond Sun.  Mayor, City of Edmond, P.
                                                                                   O. Box 202, Edmond,
                                                                                   Oklahoma 73083.

[[Page 53115]]

 
Oklahoma: Pottawatomie (FEMA        City of Shawnee......  April 20, 2001, April  The Honorable Chris         July 27, 2001........  400178
 Docket No. 7602).                                          27, 2001, The          Harden, Mayor, City of
                                                            Shawnee News-Star.     Shawnee, P.O. Box 1448,
                                                                                   Shawnee, Oklahoma 74802.
Texas: Dallas and Collin (FEMA      City of Garland......  April 12, 2001, April  The Honorable Jim Spence,   July 19, 2001........  485471
 Docket No. 7602).                                          19, 2001, Garland      Mayor, City of Garland,
                                                            News.                  200 North 5th Street,
                                                                                   P.O. Box 469002, Garland,
                                                                                   Texas 76042-9002.
Texas: Tarrant and Ellis (FEMA      City of Grand Prairie  April 19, 2001, April  The Honorable Charles       March 29, 2001.......  485472
 Docket No. 7602).                                          26, 2001, Arlington    England, Mayor, City of
                                                            Morning News,.         Grand Prairie, 317
                                                                                   College Street, P.O. Box
                                                                                   534045, Grand Prairie,
                                                                                   Texas 75053-4045.
Texas: Harris (FEMA Docket No.      Unincorporated Areas.  May 18, 2001, May 25,  The Honorable Robert        August 9, 2001.......  480287
 7604).                                                     2001, Houston          Eckels, Harris County
                                                            Chronicle.             Judge, 1001 Preston
                                                                                   Street, Suite 911,
                                                                                   Houston, Texas 77002.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance'')

    Dated: October 3, 2001.
Robert F. Shea,
Acting Administrator, Federal Insurance and Mitigation Administration.
[FR Doc. 01-26426 Filed 10-18-01; 8:45 am]
BILLING CODE 6718-04-P