Flood elevation determinations: New Mexico and Texas,

[Federal Register: February 14, 2006 (Volume 71, Number 30)]

[Rules and Regulations]

[Page 7688-7690]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14fe06-7]

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.

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:

Dates and names of State and county

Location

newspaper where Chief executive officer Effective date of modification Community No. notice was published

of community

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.

[[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]

BILLING CODE 9110-12-P

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