[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20327-20329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7755]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7683]


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

[[Page 20328]]

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 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 record keeping 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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                                                                                          Depth in feet
                                                                                          above ground  [diams]
                                                       Source of                            Elevation in Feet
             State               City/town/county       flooding          Location           [diams] (NAVD)
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
NM............................  Jal (City) Lea     Flow Path 1......  Approximately            None      [diams]
                                 County.                               2,900 feet                          3,000
                                                                       downstream of
                                                                       Whitworth Drive.
                                                                      Approximately            None      [diams]
                                                                       1,250 feet                          3,071
                                                                       upstream of
                                                                       East Kansas
                                                                       Avenue.
                                                   Flow Path 2......  At the                   None      [diams]
                                                                       confluence with                     3,054
                                                                       Flow Path 1.
                                                                      Approximately            None      [diams]
                                                                       400 feet                            3,082
                                                                       upstream of
                                                                       Ocho Road.
                                                   Flow Path 3......  At the                   None      [diams]
                                                                       confluence with                     3,051
                                                                       Flow Path 1.
                                                                      Approximately 80         None      [diams]
                                                                       feet upstream                       3,087
                                                                       of West Kansas
                                                                       Avenue.
                                                   Flow Path 4......  Approximately            None      [diams]
                                                                       200 feet                            3,025
                                                                       downstream of
                                                                       West Nevada
                                                                       Avenue.
                                                                      Approximately            None      [diams]
                                                                       225 feet                            3,080
                                                                       upstream of
                                                                       West Wyoming
                                                                       Avenue.
                                                   Flow Path 5......  Approximately            None      [diams]
                                                                       200 feet                            3,019
                                                                       downstream of
                                                                       West Minnesota
                                                                       Avenue.
                                                                      Approximately            None      [diams]
                                                                       175 feet                            3,080
                                                                       downstream of
                                                                       West Colorado
                                                                       Avenue.
                                                   Flow Path 6......  Approximately            None      [diams]
                                                                       1,775 feet                          3,007
                                                                       upstream of
                                                                       West Minnesota
                                                                       Avenue.
                                                                      Approximately            None      [diams]
                                                                       1,350 feet                          3,046
                                                                       downstream of
                                                                       West Missouri
                                                                       Avenue.
-------------------------------
  Maps are available for inspection at 523 Main Street, Jal, New Mexico.
 
  Send comments to The Honorable Claydean Claiborne, Mayor, City of Jal, P. O. Drawer, 340, Jal, New Mexico
   88252.
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----------------------------------------------------------------------------------------------------------------
                                                                                          Depth in feet
                                                                                              above ground
                                                       Source of                           *Elevation in Feet
             State               City/town/county       flooding          Location               *(NAVD)
                                                                                       -------------------------
                                                                                          Existing     Modified
----------------------------------------------------------------------------------------------------------------
TX............................  El Paso (City) El  Flow Path No. 28   Just upstream of       *3,668       *3,665
                                 Paso County.       Mesa Drain and     Southern
                                                    Interceptor.       Pacific
                                                                       Railroad.
                                                                      Approximately            None       *3,693
                                                                       2,030 feet
                                                                       upstream of
                                                                       Bucher Road.

[[Page 20329]]

 
                                                   Flow Path No. 29.  Approximately          *3,737        3.736
                                                                       200 feet
                                                                       downstream of
                                                                       Del Monte
                                                                       Street.
                                                                      Approximately          *3,671        3.769
                                                                       250 feet
                                                                       upstream of
                                                                       Cimarron Street.
                                                   Flow Path No. 30.  At the                 *3,681        3,678
                                                                       confluence of
                                                                       Flow Path No.
                                                                       28 Mesa Drain
                                                                       and Interceptor.
                                                                      Approximately          *3,727       *3,721
                                                                       380 feet
                                                                       upstream of
                                                                       North Carolina
                                                                       Drive.
                                                   Flow Path No. 32.  At the                 *3,671       *3,668
                                                                       confluence with
                                                                       Flow Path No.
                                                                       28 Mesa Drain
                                                                       and Interceptor.
                                                                      Approximately 35       *3,713       *3,714
                                                                       feet downstream
                                                                       of Escobar
                                                                       Avenue.
                                                   Flow Path No. 33   Just upstream of       *3,667       *3,666
                                                    Middle Drain.      confluence with
                                                                       Iowenstein
                                                                       Lateral.
                                                                      Approximately 85       *3,667       *3,668
                                                                       feet downstream
                                                                       of North
                                                                       Zarogosa Road.
-------------------------------
  Maps are available for inspection at 2 Civic Center Plaza, El Paso, Texas.
 
  Send comments to The Honorable Joe Wardy, Mayor, City of El Paso, 2 Civic Center Plaza, 10th Floor, El Paso,
   Texas 79901.
----------------------------------------------------------------------------------------------------------------

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


    Dated: April 13, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-7755 Filed 4-18-05; 8:45 am]
BILLING CODE 9110-12-P