05-15992. 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:

State	City/town/county	Source of flooding	Location	#Depth in feet above ground. *Elevation in feet (NGVD) modified ◆Elevation in feet (NAVD) modified
NM	Jal (City) Lea County (FEMA Docket No. P7683)	Flow Path 1	Approximately 2,900 feet downstream of Whitworth Drive	◆3,000
			Approximately 1,250 feet upstream of East Kansas Avenue	◆3,071
		Flow Path 2	At the confluence with Flow Path 1	◆3,054
			Approximately 400 feet upstream of Ocho Road	◆3,082
		Flow Path 3	At the confluence with Flow Path 1	◆3,051
			Approximately 80 feet upstream of West Kansas Avenue	◆3,087
		Flow Path 4	Approximately 200 feet downstream of West Nevada Avenue	◆3,025
			Approximately 225 feet upstream of West Wyoming Avenue	◆3,080
		Flow Path 5	Approximately 200 feet downstream of West Minnesota Avenue	◆3,019
			Approximately 175 feet upstream of West Colorado Avenue	◆3,080
		Flow Path 6	Approximately 1,350 feet downstream of West Missouri Avenue	◆3,007
			Approximately 1,775 feet upstream of West Minnesota Avenue	◆3,046
Maps are available for inspection at 523 Main Street, Jal, New Mexico.
TX	New Braunfels (City) Comal and Guadalupe Counties (FEMA Docket No. P7667)	Blieders Creek (Upper Reach)	Approximately 730 feet downstream of State Highway 46	◆815
			Approximately .52 mile upstream of Horseshoe Trail	◆858
		Comal River/Dry Comal Creek	At the confluence with the Guadalupe River	◆617
			Approximately 1,200 feet upstream of Krueger Canyon Road	◆666
		Comal Springs/Blieders Creek	At the convergence with the New Channel Comal River and Old Channel Comal River	◆625
			Approximately .41 mile upstream of River Road	◆673
		Guadalupe River	Approximately .65 mile downstream of the confluence of North Guadalupe Tributary	◆598
			Approximately 420 feet upstream of the Union Pacific Railroad	◆635
		New Channel Comal River	At the convergence with Dry Comal Creek	◆625
			At the divergence from the Old Channel Comal River and Comal Springs	◆625
		North Guadalupe Tributary	At the confluence with the Guadalupe River	◆602
			Approximately 110 feet upstream of FM 1044/Old Marion Road	◆678
		Old Channel Comal River	At the confluence with the Comal River	◆618
			At the divergence from the New Channel Comal River and Comal Springs	◆625
		South Guadalupe Tributary	At the confluence with the North Guadalupe Tributary	◆602
			Approximately 100 feet upstream of FM 1044/Old Marion Road	◆672
Maps are available for inspection at the New Braunfels Municipal Building, 424 South Castell Avenue, New Braunfels, Texas.

(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.