<PRE>
[Federal Register: June 11, 2001 (Volume 66, Number 112)]
[Rules and Regulations]               
[Page 31183-31184]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jn01-20]                         

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

FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 65

 
Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, (FEMA).

ACTION: Final rule.

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

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, Mitigation Directorate, FEMA, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3461 or (e-mail) <A HREF="mailto:matt.miller@fema.gov">matt.miller@fema.gov</A>.

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 Executive Associate Director for Mitigation, 
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 Executive Associate Director for Mitigation 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 record keeping 
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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Dates and names of
          State and county                    Location          newspaper where notice   Chief executive officer of     Effective date of     Community
                                                                    was published                community                modification           No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Missouri: St. Louis (FEMA Docket)     Unincorporated Areas...  November 1, 2000,        The Honorable Buzz           Jan. 31, 2001.........       290327
 No. 7600.                                                      November 8, 2000, St.    Westfall, St. Louis County
                                                                Louis Post Dispatch.     Executive, 41 South
                                                                                         Central Avenue, Clayton,
                                                                                         Missouri 63105.
Texas: Dallas and Collin (FEMA        City of Garland........  October 12, 2000,        The Honorable Jim Spence,    Sept. 8, 2000.........       485471
 Docket No. 7600).                                              October 19, 2000,        Mayor, City of Garland,
                                                                Garland News.            200 North 5th Street,
                                                                                         Garland, Texas 75046-9002.

[[Page 31184]]


Texas: Denton and Tarrant (FEMA       Town of Westlake.......  December 8, 2000,        The Honorable Scott          Mar. 16, 2001.........       480614
 Docket No. 7600).                                              December 15, 2000,       Bradley, Mayor, Town of
                                                                Denton Record            Westlake, 3 Village
                                                                Chronicle.               Circle, Suite 207,
                                                                                         Westlake, Texas 76262.
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: June 4, 2001.
Margaret E. Lawless,
Acting Executive Associate, Director for Mitigation.
[FR Doc. 01-14571 Filed 6-8-01; 8:45 am]
BILLING CODE 6718-04-P

</PRE>