[Federal Register Volume 70, Number 155 (Friday, August 12, 2005)]
[Rules and Regulations]
[Pages 47129-47131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15992]


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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.

[[Page 47130]]

    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.

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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                                                                                                                                         Depth
                                                                                                                                         in feet  above
                                                                                                                                             ground.
                                                                                                                                          *Elevation in
            State              City/town/county          Source of flooding                              Location                         feet  (NGVD)
                                                                                                                                            modified
                                                                                                                                        [sdiam]Elevation
                                                                                                                                         in feet  (NAVD)
                                                                                                                                            modified
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NM...........................  Jal (City) Lea    Flow Path 1......................  Approximately 2,900 feet downstream of Whitworth       [sdiam]3,000
                                County (FEMA                                         Drive.
                                Docket No.
                                P7683).
                                                                                    Approximately 1,250 feet upstream of East Kansas       [sdiam]3,071
                                                                                     Avenue.
                                                 Flow Path 2......................  At the confluence with Flow Path 1................     [sdiam]3,054
                                                                                    Approximately 400 feet upstream of Ocho Road......     [sdiam]3,082
                                                 Flow Path 3......................  At the confluence with Flow Path 1................     [sdiam]3,051
                                                                                    Approximately 80 feet upstream of West Kansas          [sdiam]3,087
                                                                                     Avenue.
                                                 Flow Path 4......................  Approximately 200 feet downstream of West Nevada       [sdiam]3,025
                                                                                     Avenue.
                                                                                    Approximately 225 feet upstream of West Wyoming        [sdiam]3,080
                                                                                     Avenue.
                                                 Flow Path 5......................  Approximately 200 feet downstream of West              [sdiam]3,019
                                                                                     Minnesota Avenue.
                                                                                    Approximately 175 feet upstream of West Colorado       [sdiam]3,080
                                                                                     Avenue.
                                                 Flow Path 6......................  Approximately 1,350 feet downstream of West            [sdiam]3,007
                                                                                     Missouri Avenue.
                                                                                    Approximately 1,775 feet upstream of West              [sdiam]3,046
                                                                                     Minnesota Avenue.
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Maps are available for inspection at 523 Main Street, Jal, New Mexico.
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TX...........................  New Braunfels     Blieders Creek (Upper Reach).....  Approximately 730 feet downstream of State Highway       [sdiam]815
                                (City) Comal                                         46.
                                and Guadalupe
                                Counties (FEMA
                                Docket No.
                                P7667).
                                                                                    Approximately .52 mile upstream of Horseshoe Trail       [sdiam]858
                                                 Comal River/Dry Comal Creek......  At the confluence with the Guadalupe River........       [sdiam]617
                                                                                    Approximately 1,200 feet upstream of Krueger             [sdiam]666
                                                                                     Canyon Road.
                                                 Comal Springs/Blieders Creek.....  At the convergence with the New Channel Comal            [sdiam]625
                                                                                     River and Old Channel Comal River.
                                                                                    Approximately .41 mile upstream of River Road.....       [sdiam]673

[[Page 47131]]

 
                                                 Guadalupe River..................  Approximately .65 mile downstream of the                 [sdiam]598
                                                                                     confluence of North Guadalupe Tributary.
                                                                                    Approximately 420 feet upstream of the Union             [sdiam]635
                                                                                     Pacific Railroad.
                                                 New Channel Comal River..........  At the convergence with Dry Comal Creek...........       [sdiam]625
                                                                                    At the divergence from the Old Channel Comal River       [sdiam]625
                                                                                     and Comal Springs.
                                                 North Guadalupe Tributary........  At the confluence with the Guadalupe River........       [sdiam]602
                                                                                    Approximately 110 feet upstream of FM 1044/Old           [sdiam]678
                                                                                     Marion Road.
                                                 Old Channel Comal River..........  At the confluence with the Comal River............       [sdiam]618
                                                                                    At the divergence from the New Channel Comal River       [sdiam]625
                                                                                     and Comal Springs.
                                                 South Guadalupe Tributary........  At the confluence with the North Guadalupe               [sdiam]602
                                                                                     Tributary.
                                                                                    Approximately 100 feet upstream of FM 1044/Old           [sdiam]672
                                                                                     Marion Road.
------------------------------
Maps are available for inspection at the New Braunfels Municipal Building, 424 South Castell Avenue, New Braunfels, 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. 05-15992 Filed 8-11-05; 8:45 am]
BILLING CODE 9110-12-P