[Federal Register Volume 71, Number 117 (Monday, June 19, 2006)]
[Proposed Rules]
[Pages 35233-35235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9518]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-7461]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), 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: William Blanton, Engineering 
Management Section, Mitigation Division, Federal Emergency Management 
Agency, 500 C Street SW., Washington, DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs 
and modified BFEs for each community listed below, in accordance with 
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 
4104, and 44 CFR 67.4(a).
    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.

[[Page 35234]]

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 
certifies that this proposed rule is exempt from the requirements of 
the Regulatory Flexibility Act because proposed or modified BFEs are 
required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, 
and are required to establish and 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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

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:

                                 Guadalupe County, Texas and Incorporated Areas
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                                                                 *Elevation in feet
                                                                (NGVD) +Elevation in
                                                                 feet (NAVD) Depth in feet above     Communities affected
                                           elevation                   ground
                                                             --------------------------
                                                               Effective     Modified
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Cibolo Creek.....................  At intersection of IH 35          *751         +755  Guadalupe County Uninc.
                                    and Cibolo Creek.                                    Areas), City of
                                                                                         Schertz.
                                   At intersection of                *757         +763
                                    Lookout Road and Cibolo
                                    Creek.
Cibolo Creek Tributary No. 13....  At confluence with East           None         +728  Guadalupe County Uninc.
                                    Branch Dietz Creek and                               Areas), City of Cibolo.
                                    Cibolo Creek Tributary
                                    No. 13.
                                   Approximately 2,500 feet          None         +776
                                    upstream of the
                                    confluence with East
                                    Branch Dietz Creek and
                                    Cibolo Creek Tributary
                                    No. 13.
Dietz Creek......................  Approximately 1,000 feet          None         +692  Guadalupe County Uninc.
                                    downstream of the                                    Areas), City of Cibolo,
                                    confluence with Cibolo                               City of Schertz.
                                    Tributary 11 and Dietz
                                    Creek.
                                   Approxiamtely 2,700 feet          None         +766
                                    upstream of the
                                    confluence with Cibolo
                                    Tributary 16 and Dietz
                                    Creek.
East Branch Dietz Creek..........  Approximately 1,000 feet          None         +693  Guadalupe County Uninc.
                                    downstream of the                                    Areas), City of Cibolo,
                                    intersection with                                    City of Schertz.
                                    Borgfield Road and
                                    Turncreek Avenue.
                                   Approximately 1,100 feet          None         +844
                                    NE of the intersection
                                    of Old Weiderstein Road
                                    and Cibolo Valley Drive.
Geronimo Creek...................  Approximately 3,100 feet          *457         +464  Guadalupe County Uninc.
                                    downstream of the                                    Areas), City of Seguin.
                                    confluence with Geronimo
                                    Creek and Geronimo
                                    Tributary 2.
                                   Approximately 2,000 feet          *460         +464
                                    downstream of the
                                    confluence with Geronimo
                                    Creek and Geronimo Creek
                                    Tributary 2.
Guadalupe River..................  At confluence with                *458         +464  Guadalupe County (Uninc.
                                    Geronimo Creek and                                   Areas), City of Seguin.
                                    Guadalupe River.
                                   Approximately 250 feet            *587         +598
                                    downstream of East
                                    County Line Road.
Town Creek.......................  Approximately 350 feet            None         +784  Guadalupe County (Uninc.
                                    downstream of Dean Road                              Areas), City of Cibolo.
                                    and Town Creek.
                                   Approximately 1,300 feet          None         +814
                                    upstream of Dean Road
                                    and Town Creek.
Town Creek Tributary 1...........  At confluence with Town           *697         +708  Guadalupe County (Uninc.
                                    Creek and Town Creek                                 Areas), City of Cibolo.
                                    Tributary 1.
                                   At Intersection of FM             *711         +712
                                    1103 Road and Brite Road.
Walnut Branch....................  At confluence with Walnut         None         +492  Guadalupe County (Uninc.
                                    Branch and Guadalupe                                 Areas).
                                    River.
                                   Appoxiamtely 1,500 feet           None         +548
                                    upstream of McQueeny Dam.

[[Page 35235]]

 
                                                   ADDRESSES:
Unincorporated Areas of Guadalupe County
 
Maps are available for inspection at Maintenance Building, 415 East Donegan Street, Seguin, TX 78155.
 
Send comments to the Honorable Donald Schraub, County Judge, Guadalupe County, County Courthouse, Seguin TX
 78155.
 
City of Cibolo
 
Maps are available for inspection at 109 South Main Street, Cibolo, TX 78108.
 
Send comments to the Honorable Johnny Sutton, Mayor, City of Cibolo, P.O. Box 826, Cibolo, TX 78108.
 
City of Schertz
 
Maps are available for inspection at Public Works Building, 10 Commercial Place, TX 78154.
 
Send comments to the Honorable Hal Baldwin, Mayor, City of Schertz, 1400 Schertz Parkway, Schertz, TX 78154.
 
City of Seguin
 
Maps are available for inspection at 210 East Gonzales, Seguin, TX 78155.
 
Send comments to the Honorable Betty Ann Maties, Mayor, City of Seguin, P.O. Box 581, Seguin, TX 78155.
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 Depth in feet above ground.
 *National Geodetic Vertical Datum.
 +National American Vertical Datum.

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

    Dated: June 8, 2006.
Michael K. Buckley,
Deputy Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
 [FR Doc. E6-9518 Filed 6-16-06; 8:45 am]
BILLING CODE 9110-12-P