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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-P-7685]

NOTICE: PROPOSED RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Proposed rule.

SUBJECT CATEGORY: Proposed Flood Elevation Determinations

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

DOCUMENT SUMMARY: Technical information or comments are requested on the proposed Base (1% annualchance) 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).

SUMMARY: Texas,

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 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.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, flood insurance, reporting and record keeping requirements.

Accordingly, 44 CFR Part 67 is proposed to be amended 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.

Sec. 67.4 [Amended]

2. The tables published under the authority of Sec. 67.4 are proposed to be amended as follows:

*Elevation in feet

Source of flooding and (NGVD) Communities

location of referenced affected
elevation Existing Modified

Rosillo Creek (Lower Reach):

At the confluence with None *531 Bexar County Salado Creek (Lower (Unincorporate Reach). d Areas) City of San Antonio City of Kirby

Approximately 580 feet None *754 ............... upstream of Walzem Road.

Salado Creek (lower Reach):

Approximately 300 feet None *521 Bexar County downstream of South (Unincorporate Presa Street. d Areas) City of San Antonio

At U. S. Interstate 410.. None *538 ............... [[Page 20327]]
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. Send comments to The Honorable Nelson W. Wolff, Judge, Bexar County, 100 Dolorosa, Suite 108, San Antonio, Texas 78205.
City of Kirby, Bexar County, Texas:
Maps are available for inspection at 112 Bauman Street, Kirby, Texas. Send comments to The Honorable Ray Martin, Mayor, City of Kirby, 112 Bauman Street, Kirby, Texas 78219.
City of San Antonio, Bexar County, Texas:
Maps are available for inspection at the Municipal Plaza, 114 West Commerce, 7th Floor, San Antonio, Texas.
Send comments to The Honorable Ed Garza, Mayor, City of San Antonio, City Hall, Office of the Mayor, 100 Military Plaza, San Antonio, Texas 78205.

East Fork to Soap Creek:

At the confluence with None *593 Ellis County Soap Creek. (Unincorporate d Areas)

At Weatherford Road...... None *616 City of Midlothian Newton Branch:

At the confluence with None *546 Ellis County Soap Creek. (Unincorporate d Areas)

At NRCS Dam No. 10 None *564 City of (Mountain Creek Midlothian Watershed).

Plains Creek:

At the confluence with None *550 Ellis County Newton Branch. (Unincorporate d Areas)

Approximately 4,900 feet None *574 ............... upstream of Old Fort
Worth Road.

Soap Creek:

At approximately 300 feet None *538 Ellis County upstream of the (Unincorporate confluence with Grassy d Areas) City Creek. of Midlothian

Approximately 1,900 feet None *598 ............... upstream of the
confluence of East Fork
to Soap Creek.
Tributary No. 6 to Soap

Creek:

At the confluence with None *570 Ellis County Soap Creek. (Unincorporate d Areas)

Approximately 2,600 feet None *574 ............... upstream of the
confluence with Soap
Creek.

West Fork to Soap Creek:

At the confluence with None *581 Ellis County Soap Creek. (Unincorporate d Areas)

Approximately 2,500 feet None *601 ............... upstream of Ray White
Road.

Lake Joe Pool:

Entire shoreline......... None *538 Ellis County (Unincorporate d Areas) Unincorporated Areas of Ellis County, Texas:
Maps are available for inspection at the Ellis County Courthouse, 101 West Main Street, Waxachachie, Texas.
Send comments to the Honorable Chad Adams, Judge, Ellis County, 101 West Main Street, Waxachachie, Texas 75165.
City of Midlothian, Ellis County, Texas:
Maps are available for inspection at City Hall, 104 West Avenue East, Midlothian, Texas.
Send comments to the Honorable David K. Setzer, Mayor, City of Midlothian, 104 West Avenue East, Midlothian, Texas 76065. (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. 057756 Filed 41805; 8:45 am]
BILLING CODE 911012P

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) 6462903.