Proposed Flood Elevation Determinations

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7683]

Proposed Flood Elevation Determinations

AGENCY:

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

ACTION:

Proposed rule.

SUMMARY:

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).

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.

ADDRESSES:

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.

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.

SUPPLEMENTARY 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.

§ 67.4

[Amended]

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)

Existing

Modified

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)

Existing

Modified

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

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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