# Proposed Flood Elevation Determinations > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A05-7755 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** April 19, 2005 - **Citation:** 70 FR 20327 ## Text 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] BILLING CODE 9110-12-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A05-7755. Public record. Not legal advice.