[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20326-20327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7756]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7685]


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 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:

------------------------------------------------------------------------
                                  *Elevation in feet
    Source of flooding and              (NGVD)             Communities
    location of referenced    --------------------------     affected
          elevation              Existing     Modified
------------------------------------------------------------------------
Rosillo Creek (Lower Reach):
    At the confluence with            None         *531  Bexar County
     Salado Creek (Lower                                  (Unincorporate
     Reach).                                              d Areas) City
                                                          of San Antonio
                                                          City of Kirby
    Approximately 580 feet            None         *754  ...............
     upstream of Walzem Road.
Salado Creek (lower Reach):
    Approximately 300 feet            None         *521  Bexar County
     downstream of South                                  (Unincorporate
     Presa Street.                                        d Areas) City
                                                          of San Antonio
    At U. S. Interstate 410..         None         *538  ...............

[[Page 20327]]

 
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  Unincorporated Areas of Bexar County, Texas:
  Maps are available for inspection at the Bexar County Public Works
   Department, 233 North Pecos, Suite 420, San Antonio, Texas.
 
  Send comments to The Honorable Nelson W. Wolff, Judge, Bexar County,
   100 Dolorosa, Suite 108, San Antonio, Texas 78205.
 
  City of Kirby, Bexar County, Texas:
  Maps are available for inspection at 112 Bauman Street, Kirby, Texas.
 
  Send comments to The Honorable Ray Martin, Mayor, City of Kirby, 112
   Bauman Street, Kirby, Texas 78219.
 
  City of San Antonio, Bexar County, Texas:
  Maps are available for inspection at the Municipal Plaza, 114 West
   Commerce, 7th Floor, San Antonio, Texas.
  Send comments to The Honorable Ed Garza, Mayor, City of San Antonio,
   City Hall, Office of the Mayor, 100 Military Plaza, San Antonio,
   Texas 78205.
------------------------------------------------------------------------
East Fork to Soap Creek:
    At the confluence with            None         *593  Ellis County
     Soap Creek.                                          (Unincorporate
                                                          d Areas)
    At Weatherford Road......         None         *616  City of
                                                          Midlothian
Newton Branch:
    At the confluence with            None         *546  Ellis County
     Soap Creek.                                          (Unincorporate
                                                          d Areas)
    At NRCS Dam No. 10                None         *564  City of
     (Mountain Creek                                      Midlothian
     Watershed).
Plains Creek:
    At the confluence with            None         *550  Ellis County
     Newton Branch.                                       (Unincorporate
                                                          d Areas)
    Approximately 4,900 feet          None         *574  ...............
     upstream of Old Fort
     Worth Road.
Soap Creek:
    At approximately 300 feet         None         *538  Ellis County
     upstream of the                                      (Unincorporate
     confluence with Grassy                               d Areas) City
     Creek.                                               of Midlothian
    Approximately 1,900 feet          None         *598  ...............
     upstream of the
     confluence of East Fork
     to Soap Creek.
Tributary No. 6 to Soap
 Creek:
    At the confluence with            None         *570  Ellis County
     Soap Creek.                                          (Unincorporate
                                                          d Areas)
    Approximately 2,600 feet          None         *574  ...............
     upstream of the
     confluence with Soap
     Creek.
West Fork to Soap Creek:
    At the confluence with            None         *581  Ellis County
     Soap Creek.                                          (Unincorporate
                                                          d Areas)
    Approximately 2,500 feet          None         *601  ...............
     upstream of Ray White
     Road.
Lake Joe Pool:
    Entire shoreline.........         None         *538  Ellis County
                                                          (Unincorporate
                                                          d Areas)
  Unincorporated Areas of Ellis County, Texas:
  Maps are available for inspection at the Ellis County Courthouse, 101
   West Main Street, Waxachachie, Texas.
 
  Send comments to the Honorable Chad Adams, Judge, Ellis County, 101
   West Main Street, Waxachachie, Texas 75165.
 
  City of Midlothian, Ellis County, Texas:
  Maps are available for inspection at City Hall, 104 West Avenue East,
   Midlothian, Texas.
  Send comments to the Honorable David K. Setzer, Mayor, City of
   Midlothian, 104 West Avenue East, Midlothian, Texas 76065.
------------------------------------------------------------------------


(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. 05-7756 Filed 4-18-05; 8:45 am]
BILLING CODE 9110-12-P