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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

Docket ID: [Docket No. FEMA-B-7461]

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

FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

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.
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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 certifies that this proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping 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:
Guadalupe County, Texas and Incorporated Areas *Elevation in feet (NGVD) +Elevation in feet (NAVD) < greek Flooding source(s) Location of referenced i>Depth in feet above Communities affected elevation ground Effective Modified Cibolo Creek..................... At intersection of IH 35 *751 +755 Guadalupe County Uninc. and Cibolo Creek. Areas), City of Schertz. At intersection of *757 +763 Lookout Road and Cibolo Creek.
Cibolo Creek Tributary No. 13.... At confluence with East None +728 Guadalupe County Uninc. Branch Dietz Creek and Areas), City of Cibolo. Cibolo Creek Tributary
No. 13.
Approximately 2,500 feet None +776 upstream of the
confluence with East
Branch Dietz Creek and
Cibolo Creek Tributary
No. 13.
Dietz Creek...................... Approximately 1,000 feet None +692 Guadalupe County Uninc. downstream of the Areas), City of Cibolo, confluence with Cibolo City of Schertz. Tributary 11 and Dietz
Creek.
Approxiamtely 2,700 feet None +766 upstream of the
confluence with Cibolo
Tributary 16 and Dietz
Creek.
East Branch Dietz Creek.......... Approximately 1,000 feet None +693 Guadalupe County Uninc. downstream of the Areas), City of Cibolo, intersection with City of Schertz. Borgfield Road and
Turncreek Avenue.
Approximately 1,100 feet None +844 NE of the intersection
of Old Weiderstein Road and Cibolo Valley Drive. Geronimo Creek................... Approximately 3,100 feet *457 +464 Guadalupe County Uninc. downstream of the Areas), City of Seguin. confluence with Geronimo Creek and Geronimo
Tributary 2.
Approximately 2,000 feet *460 +464 downstream of the
confluence with Geronimo Creek and Geronimo Creek Tributary 2.
Guadalupe River.................. At confluence with *458 +464 Guadalupe County (Uninc. Geronimo Creek and Areas), City of Seguin. Guadalupe River.
Approximately 250 feet *587 +598 downstream of East
County Line Road.
Town Creek....................... Approximately 350 feet None +784 Guadalupe County (Uninc. downstream of Dean Road Areas), City of Cibolo. and Town Creek.
Approximately 1,300 feet None +814 upstream of Dean Road
and Town Creek.
Town Creek Tributary 1........... At confluence with Town *697 +708 Guadalupe County (Uninc. Creek and Town Creek Areas), City of Cibolo. Tributary 1.
At Intersection of FM *711 +712 1103 Road and Brite Road. Walnut Branch.................... At confluence with Walnut None +492 Guadalupe County (Uninc. Branch and Guadalupe Areas). River.
Appoxiamtely 1,500 feet None +548 upstream of McQueeny Dam. [[Page 35235]]

FOR FURTHER INFORMATION CONTACT William Blanton, Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 6463151.