Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.
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.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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 Start Printed Page 20328management 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.
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.Start List of Subjects
List of Subjects in 44 CFR Part 67End List of Subjects
Accordingly, 44 CFR part 67 is proposed to be amended as follows:Start Part
1. The authority citation for part 67 continues to read as follows:
2. The tables published under the authority of § 67.4 are proposed to be amended as follows:
|State||City/town/county||Source of flooding||Location||# Depth in feet above ground ♢ Elevation in Feet ♢ (NAVD)|
|NM||Jal (City) Lea County||Flow Path 1||Approximately 2,900 feet downstream of Whitworth Drive||None||♢ 3,000|
|Approximately 1,250 feet upstream of East Kansas Avenue||None||♢ 3,071|
|Flow Path 2||At the confluence with Flow Path 1||None||♢ 3,054|
|Approximately 400 feet upstream of Ocho Road||None||♢ 3,082|
|Flow Path 3||At the confluence with Flow Path 1||None||♢ 3,051|
|Approximately 80 feet upstream of West Kansas Avenue||None||♢ 3,087|
|Flow Path 4||Approximately 200 feet downstream of West Nevada Avenue||None||♢ 3,025|
|Approximately 225 feet upstream of West Wyoming Avenue||None||♢ 3,080|
|Flow Path 5||Approximately 200 feet downstream of West Minnesota Avenue||None||♢ 3,019|
|Approximately 175 feet downstream of West Colorado Avenue||None||♢ 3,080|
|Flow Path 6||Approximately 1,775 feet upstream of West Minnesota Avenue||None||♢ 3,007|
|Approximately 1,350 feet downstream of West Missouri Avenue||None||♢ 3,046|
|Maps are available for inspection at 523 Main Street, Jal, New Mexico.|
|Send comments to The Honorable Claydean Claiborne, Mayor, City of Jal, P. O. Drawer, 340, Jal, New Mexico 88252.|
|State||City/town/county||Source of flooding||Location||# Depth in feet above ground *Elevation in Feet *(NAVD)|
|TX||El Paso (City) El Paso County||Flow Path No. 28 Mesa Drain and Interceptor||Just upstream of Southern Pacific Railroad||*3,668||*3,665|
|Approximately 2,030 feet upstream of Bucher Road||None||*3,693|
|Start Printed Page 20329|
|Flow Path No. 29||Approximately 200 feet downstream of Del Monte Street||*3,737||3.736|
|Approximately 250 feet upstream of Cimarron Street||*3,671||3.769|
|Flow Path No. 30||At the confluence of Flow Path No. 28 Mesa Drain and Interceptor||*3,681||3,678|
|Approximately 380 feet upstream of North Carolina Drive||*3,727||*3,721|
|Flow Path No. 32||At the confluence with Flow Path No. 28 Mesa Drain and Interceptor||*3,671||*3,668|
|Approximately 35 feet downstream of Escobar Avenue||*3,713||*3,714|
|Flow Path No. 33 Middle Drain||Just upstream of confluence with Iowenstein Lateral||*3,667||*3,666|
|Approximately 85 feet downstream of North Zarogosa Road||*3,667||*3,668|
|Maps are available for inspection at 2 Civic Center Plaza, El Paso, Texas.|
|Send comments to The Honorable Joe Wardy, Mayor, City of El Paso, 2 Civic Center Plaza, 10th Floor, El Paso, Texas 79901.|
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: April 13, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.
[FR Doc. 05-7755 Filed 4-18-05; 8:45 am]
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