Federal Register: August 12, 2005 (Volume 70, Number 155)
DOCID: FR Doc 05-15991
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 67
ACTION: Flood elevation determinations:
DOCUMENT ACTION: Final rule.
Final Flood Elevation Determinations
EFFECTIVE DATES: 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.
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).
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:
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. 67.11 [Amended]
2. The tables published under the authority of Sec. 67.11 are amended as follows:
Source of flooding and location feet (NGVD) Communities of referenced elevation modified affected East Fork to Soap Creek:
At the confluence with Soap *593 FEMA Docket No. Creek. P7685, Ellis County (Unincorporated Areas), City of Midlothian.
At Weatherford Road......... *616 ................... Newton Branch:
At the confluence with Soap *546 Ellis County Creek. (Unincorporated Areas).
At NRCS Dam No. 10 (Mountain *564 City of Midlothian. Creek Watershed).
At the confluence with *550 FEMA Docket No. Newton Branch. P7685, Ellis County (Unincorporated Areas).
Approximately 4,900 feet *574 ................... upstream of Old Fort Worth
At approximately 300 feet *538 Ellis County upstream of the confluence (Unincorporated with Grassy Creek. Areas), City of Midlothian.
Approximately 1,900 feet *598 ................... upstream of the confluence
of East Fork to Soap Creek.
Tributary No. 6 to Soap Creek:
At the confluence with Soap *570 Ellis County Creek. (Unincorporated Areas).
Approximately 2,600 feet *574 ................... upstream of the confluence
with Soap Creek.
West Fork to Soap Creek:
At the confluence with Soap *581 Ellis County Creek. (Unincorporated Areas).
Approximately 2,500 feet *601
upstream of Ray White Road.
Lake Joe Pool:
Entire shoreline............ *538
Unincorporated Areas of Ellis County, Texas
Maps are available for inspection at the Ellis County Courthouse, 101 West Main Street, Waxachachie, Texas.
City of Midlothian, Ellis County, Texas
Maps are available for inspection at City Hall, 104 West Avenue East, Midlothian, 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.
[FR Doc. 0515991 Filed 81105; 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.