[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Rules and Regulations]
[Pages 47128-47129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15991]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

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

ACTION: Final rule.

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SUMMARY: Base (1% annual-chance) Flood Elevations and modified Base 
Flood Elevations (BFEs) are made final for the communities listed 
below. The BFEs and modified BFEs are the basis for the floodplain 
management measures that each 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).

EFFECTIVE DATE: The date of issuance of the Flood Insurance Rate Map 
(FIRM) showing BFEs and modified BFEs for each community. This date may 
be obtained by contacting the office where the FIRM is available for 
inspection as indicated in the table below.

ADDRESSES: The final base flood elevations 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 BFEs and 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..
    This final rule is issued in accordance with Section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and 44 CFR Part 
67.
    The Federal Emergency Management Agency has developed criteria for 
floodplain management in floodprone areas in accordance with 44 CFR 
Part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.
    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 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 
establish and 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 67

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

[[Page 47129]]


0
Accordingly, 44 CFR Part 67 is amended to read as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

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                                    *Elevation in
 Source of flooding and location     feet (NGVD)         Communities
     of referenced elevation           modified            affected
------------------------------------------------------------------------
East Fork to Soap Creek:
    At the confluence with Soap                *593  FEMA Docket No.
     Creek.                                           P7685, Ellis
                                                      County
                                                      (Unincorporated
                                                      Areas), City of
                                                      Midlothian.
    At Weatherford Road.........               *616  ...................
Newton Branch:
    At the confluence with Soap                *546  Ellis County
     Creek.                                           (Unincorporated
                                                      Areas).
    At NRCS Dam No. 10 (Mountain               *564  City of Midlothian.
     Creek Watershed).
Plains Creek:
    At the confluence with                     *550  FEMA Docket No.
     Newton Branch.                                   P7685, Ellis
                                                      County
                                                      (Unincorporated
                                                      Areas).
    Approximately 4,900 feet                   *574  ...................
     upstream of Old Fort Worth
     Road.
Soap Creek:
    At approximately 300 feet                  *538  Ellis County
     upstream of the confluence                       (Unincorporated
     with Grassy Creek.                               Areas), City of
                                                      Midlothian.
    Approximately 1,900 feet                   *598  ...................
     upstream of the confluence
     of East Fork to Soap Creek.
Tributary No. 6 to Soap Creek:
    At the confluence with Soap                *570  Ellis County
     Creek.                                           (Unincorporated
                                                      Areas).
    Approximately 2,600 feet                   *574  ...................
     upstream of the confluence
     with Soap Creek.
West Fork to Soap Creek:
    At the confluence with Soap                *581  Ellis County
     Creek.                                           (Unincorporated
                                                      Areas).
    Approximately 2,500 feet                   *601
     upstream of Ray White Road.
Lake Joe Pool:
    Entire shoreline............               *538
---------------------------------
                                ADDRESSES
Unincorporated Areas of Ellis County, Texas
 
Maps are available for inspection at the Ellis County Courthouse, 101
 West Main Street, Waxachachie, Texas.
 
City of Midlothian, Ellis County, Texas
 
Maps are available for inspection at City Hall, 104 West Avenue East,
 Midlothian, Texas.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: August 4, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-15991 Filed 8-11-05; 8:45 am]
BILLING CODE 9110-12-P