[Federal Register Volume 70, Number 42 (Friday, March 4, 2005)]
[Proposed Rules]
[Pages 10583-10585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4188]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7673]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed 
BFE modifications for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
the community is required either to adopt or to show evidence of being 
already in effect in order to qualify or remain qualified for 
participation in the National Flood Insurance Program (NFIP).

DATES: The comment period is ninety (90) days following the second 
publication of this proposed rule in a newspaper of local circulation 
in each community.

ADDRESSES: The proposed 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, Emergency Preparedness and Response 
Directorate, 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 of the Emergency 
Preparedness and Response Directorate has resolved any appeals 
resulting from this notification.
    These proposed BFEs and modified BFEs, together with the floodplain 
management criteria required by 44 CFR

[[Page 10584]]

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 proposed elevations 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.

National Environmental Policy Act

    This proposed 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 of the Emergency Preparedness and 
Response Directorate 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 proposed 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 proposed rule involves no policies that have federalism 
implications under Executive Order 12612, Federalism, dated October 26, 
1987.

Executive Order 12778, Civil Justice Reform

    This proposed rule meets the applicable standards of Section 
2(b)(2) of Executive Order 12778.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.

    Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

PART 67--[AMENDED]

    1. The authority citation for part 67 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.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

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                                                   [sdiam]Elevation in feet
                                   Location of              (NAVD)
      Source of flooding            referenced    --------------------------         Communities affected
                                    elevation        Existing     Modified
----------------------------------------------------------------------------------------------------------------
Colorado River................  Approximately             None   [sdiam]297  Bastrop County (Unincorporated
                                 4.92 miles                                   Areas), City of Bastrop, City of
                                 downstream of                                Smithville.
                                 the confluence
                                 of JD Creek.
                                Approximately             None   [sdiam]391  ...................................
                                 3.43 miles
                                 upstream of the
                                 confluence of
                                 Dry Creek.
Gills Branch..................  At the confluence   [sdiam]353   [sdiam]352  Bastrop County (Unincorporated
                                 with the                                     Areas), City of Bastrop.
                                 Colorado River.
                                Approximately 230   [sdiam]353   [sdiam]352  ...................................
                                 feet downstream
                                 of State Route
                                 71.
-------------------------------
Unincorporated areas of Bastrop County, Texas:
 
Maps are available for inspection at 806 Water Street, Bastrop, Texas.
 
Send comments to The Honorable Ronnie McDonald, Bastrop County Judge, 804 Pecan Street, Bastrop, Texas 78602.
 
City of Bastrop, Bastrop County, Texas:
 
Maps are available for inspection at 300 Water Street, Bastrop, Texas.
 
Send comments to The Honorable Tom Scott, Mayor, City of Bastrop, Post Office Box 427, Bastrop, Texas 78602.
 
City of Smithville, Bastrop County, Texas:
 
Maps are available for inspection at 1000 Martin Luther King Boulevard, Smithville, Texas.
 
Send comments to The Honorable Renee Blaschke, Mayor, City of Smithville, Post Office Box 449, Smithville, Texas
 78957-0449.
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[[Page 10585]]

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

    Dated: February 23, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-4188 Filed 3-3-05; 8:45 am]
BILLING CODE 9110-12-P