05-19815. Final Flood Elevation Determinations

AGENCY:

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

ACTION:

Final rule.

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, [phone].

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

Accordingly, 44 CFR Part 67 is amended to read 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.

§ 67.11

[Amended]

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

Source of flooding and location of referenced elevation	◆Elevation in feet (NAVD) modified	Communities affected
Colorado River:
Approximately 4.92 miles downstream of the confluence of JD Creek	◆297	FEMA Docket No. P7673
		Bastrop County
		(Unincorporated Areas)
		City of Bastrop
		City of Smithville.
Approximately 3.43 miles upstream of the confluence of Dry Creek	◆391
Gills Branch:
At the confluence withe the Colorado River	◆352	City of Bastrop
		Bastrop County
		(Unincorporated Areas).
Approximately 230 feet downstream of State Route 71	◆352
ADDRESSES:
Unincorporated Areas of Bastrop County, Texas:
Maps are available for inspection at 806 Water Street, Bastrop, Texas.
City of Bastrop, Bastrop County, Texas:
Maps are available for inspection at 300 Water Street, Bastrop, Texas.
City of Smithville, Bastrop County, Texas:
Maps are available for inspection at 1000 Martin Luther King Boulevard, Smithville, Texas.
◆North American Vertical Datum of 1988.

Source of flooding and location of referenced elevation	*Elevation in feet (NGVD) modified	Communities affected
Rosillo Creek (Lower Reach):
At the confluence with Salado Creek (Lower Reach)	*531	FEMA Docket No. P7685
		Bexar County
		(Unincorporated Areas)
		City of San Antonio
		City of Kirby.
Approximately 580 feet upstream of Walzem Road	*754
Salado Creek (Lower Reach):
Approximately 300 feet downstream of South Presa Street	*521	Bexar County
		(Unincorporated Areas)
		City of San Antonio
At U.S. Interstate 410	*538
ADDRESSES:
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.
City of Kirby, Bexar County, Texas:
Maps are available for inspection at 112 Bauman Street, Kirby, Texas.
City of San Antonio, Bexar County, Texas:
Maps are available for inspection at the Municipal Plaza, 114 West Commerce, 7th Floor, San Antonio, Texas.
* National Geodetic Vertical Datum of 1929.

(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)

Dated: September 26, 2005.

David I. Maurstad,

Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.