[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7688-7690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1343]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security.

ACTION: Final rule.

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SUMMARY: Modified Base (1% 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.

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: Doug Bellomo, P.E., Hazard 
Identification Section, Federal Emergency Management Agency, 500 C 
Street, SW., Washington, DC 20472, (202) 646-2903.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
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 Mitigation Division Director 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.

[[Page 7689]]

    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 Mitigation Division Director 
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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 65

    Flood insurance, Floodplains, Reporting and recordkeeping 
requirements.


0
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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                                                          Dates and names of
         State and county                Location           newspaper where     Chief executive officer   Effective date of modification  Community  No.
                                                         notice was published        of  community
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New Mexico: Dona Ana, (Case No.    City of Las Cruces..  May 4, 2005, May 11,  The Honorable William      April 21, 2005................          355332
 04-06-857P), (FEMA Docket No. P-                         2005, Las Cruces      Mattiace, Mayor, City of
 7644).                                                   Sun News.             Las Cruces, Post Office
                                                                                Box 20000, Las Cruces,
                                                                                New Mexico 88004.
Texas:
    Denton, (Case No. 04-06-       Town of Bartonville.  May 9, 2005, May 16,  The Honorable Ron          April 22, 2005................          481501
     1465P), (FEMA Docket No. P-                          2005, Denton Record   Robertson, Mayor, Town
     7644).                                               Chronicle.            of Bartonville, 1941
                                                                                East Jeter Road,
                                                                                Bartonville, Texas 76226.
    Dallas, (Case No. 04-06-       City of Dallas......  May 5, 2005, May 12,  The Honorable Laura        August 11, 2005...............          480171
     673P), (FEMA Docket No. P-                           2005, Dallas          Miller, Mayor, City of
     7644).                                               Morning News.         Dallas, Dallas City
                                                                                Hall, 1500 Marilla
                                                                                Street, Room 5EN,
                                                                                Dallas, Texas 75201-6390.
    Denton, (Case No. 04-06-       Unincorporated Areas  May 9, 2005, May 16,  The Honorable Mary Horn,   April 22, 2005................          480774
     1465P), (FEMA Docket No. P-                          2005, Denton Record   Judge, Denton County,
     7644).                                               Chronicle.            110 West Hickory Street,
                                                                                2nd Floor, Denton, Texas
                                                                                76201.
    Fort Bend, (Case No. 04-06-    Unincorporated Areas  May 4, 2005, May 11,  The Honorable Robert E.    August 10, 2005...............          480228
     380P), (FEMA Docket No. P-                           2005, Fort Bend       Hebert, Judge, Fort Bend
     7644).                                               Star.                 County, 301 Jackson
                                                                                Street, Richmond, Texas
                                                                                77469.
    Collin, (Case No. 04-06-       City of Plano.......  May 5, 2005, May 12,  The Honorable Pat Evans,   August 11, 2005...............          480140
     673P), (FEMA Docket No. P-                           2005, Plano Star      Mayor, City of Plano,
     7644).                                               Courier.              Post Office Box 860358,
                                                                                Plano, Texas 75086.
    Fort Bend, (Case No. 04-06-    Willow Fork Drainage  May 4, 2005, May 11,  The Honorable Larry J.     August 10, 2005...............          481603
     380P), (FEMA Docket No. P-     District.             2005, The Katy        Mueller, Willow Fork
     7644).                                               Times.                Drainage District, c/o
                                                                                Allen, Boone &
                                                                                Humphries, LLP, 3200
                                                                                Southwest Freeway, 26th
                                                                                Floor, Houston, Texas
                                                                                77027.
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[[Page 7690]]

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

    Dated: January 9, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-1343 Filed 2-13-06; 8:45 am]
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