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Proposed Rule

Proposed Flood Elevation Determinations

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

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


Proposed rule.


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).


The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.


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.

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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.

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The Federal Emergency Management Agency makes the final determinations listed below for the 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.

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. 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 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 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 12612, Federalism

This proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform

This proposed rule meets the applicable standards of Section 2(b)(2) of Executive Order 12778.

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List of Subjects in 44 CFR Part 67

  • Administrative practice and procedure, flood insurance, reporting and record keeping requirements
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Accordingly, 44 CFR Part 67 is proposed to be amended as follows:

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1. The authority citation for Part 67 continues to read as follows:

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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.

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2. The tables published under the authority of § 67.4 are proposed to be amended as follows:Start Printed Page 10583

StateCity/town/countySource of floodingLocationDepth in feet above ground ◆Elevation in feet (NAVD)
NMEspanola (City) Rio Arriba and Santa Fe CountiesArroya del GauchoAt the confluence with the Rio GrandeNone◆5,602
Approximately 2.04 miles upstream of U.S. Highway 84None◆5,918
Arroyo de GuachupangueApproximately 500 feet upstream of the confluence with the Rio GrandeNone◆5,585
Approximately 2,690 feet upstream of the confluence of Arroyo de Guachupangue TributaryNone◆5,683
Arroyo de Guachupangue TributaryAt the confluence with Arroyo de GuachupangueNone◆5,632
Approximately 500 feet upstream of the confluence with Arroyo de GuachupangueNone◆5,642
Arroyo de HanchitosApproximately 2,690 feet downstream of U.S. Highway 285None◆5,607
Approximately 1,650 feet upstream of U.S. Highway 285None◆5,680
Llano Ditch TributaryApproximately 250 feet upstream of El Llano RoadNone◆5,599
Approximately 1.3 miles upstream of El Llano RoadNone◆5,705
TXEspanola (City) Rio Arriba and Santa Fe Counties (Cont'd.)Rio GrandeApproximately 1,650 feet downstream of U.S. Highway 84None◆5,581
Approximately 0.82 mile upstream of the confluence of Arroyo del GauchoNone◆5,607
Rio Grande Tributary 1At North Railroad AvenueNone◆5,595
Approximately 1,930 feet upstream of Onate StreetNone◆5,673
Santa Cruz RiverAt the confluence with the Rio GrandeNone◆5,586
Approximately 1,170 feet upstream of State Highway 106None◆5,692
Maps are available for inspection at the Community Map Repository, City of Espanola, 405 North Paseo de Onate, Espanola, New Mexico.
Send comments to The Honorable Richard Lucero, Mayor, City of Espanola, 405 North Paseo de Onate, Espanola, New Mexico 87532.

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

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Dated: February 23, 2005.

David I. Maurstad,

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

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[FR Doc. 05-4196 Filed 3-3-05; 8:45 am]