Rules and Regulations. Final rule

883 words·~4 min read·/register/2001/06/11/01-14571

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BILLING CODE 6718-04-P 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) matt.miller@fema.gov. 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. § 65.4 [Amended] 2. The tables published under the authority of § 65.4 are amended as follows: State and county Location Dates and names of newspaper where notice was published Chief executive officer of community Effective date of modification Community No. Missouri: St. Louis (FEMA Docket) No. 7600 Unincorporated Areas November 1, 2000, November 8, 2000, *St. Louis Post Dispatch* The Honorable Buzz Westfall, St. Louis County Executive, 41 South Central Avenue, Clayton, Missouri 63105 Jan. 31, 2001 290327 Texas: Dallas and Collin (FEMA Docket No. 7600) City of Garland October 12, 2000, October 19, 2000, *Garland News* The Honorable Jim Spence, Mayor, City of Garland, 200 North 5th Street, Garland, Texas 75046-9002 Sept. 8, 2000 485471 Texas: Denton and Tarrant (FEMA Docket No. 7600) Town of Westlake December 8, 2000, December 15, 2000, *Denton Record Chronicle* The Honorable Scott Bradley, Mayor, Town of Westlake, 3 Village Circle, Suite 207, Westlake, Texas 76262 Mar. 16, 2001 480614 (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]

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