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FEDERAL EMERGENCY MANAGEMENT AGENCY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 65

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Changes in Flood Elevation Determinations

DOCUMENT 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.

SUMMARY: Various States,

SUPPLEMENTAL 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.

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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:
Dates and names of State and County Location newspaper where Chief executive officer of Effective date of Community number notice was published community modification 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. CourthouseontheSquare, 110 West Hickory Street, Denton, Texas 762010000.

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 StarTelegram. 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 750600000.

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 750860358. [[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. 0120724 Filed 81601; 8:45 am] BILLING CODE 671804P

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) 6463461 or (e mail) matt.miller@fema.gov.