FR Doc 05-15992

[Federal Register: August 12, 2005 (Volume 70, Number 155)]
[Rules and Regulations]
[Page 47129-47131]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12au05-16]

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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.
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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]

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