Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 5953

Source of flooding and location of referenced elevation 

♦Elevation in feet 

(NGVD)

*Elevation in feet (NGVD) Communities affected 

Existing Modified 

Maps are available for inspection at the Planning and Zoning Office, 1000 10th Avenue, Clarkfield, Minnesota. 

Send comments to The Honorable John Chattin, County Administrator, County Administrator’s Office, 415 9th Avenue, Granite Falls, Minnesota 

56241. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: January 28, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 05–2118 Filed 2–3–05; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–P–7667] 

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 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.

§ 67.4 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows:

5954 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Proposed Rules 

State City/town/county Source of flooding Location 

#Depth in feet above 

ground

♦Elevation in feet (NAVD) 

Existing Modified 

TX .......................... New Braunfels 

(City) Comal and 

Guadalupe 

Counties.

Blieders Creek (Upper 

Reach).

Approximately 730 feet downstream of 

State Highway 46.

None ♦815 

Approximately .52 mile upstream of 

Horseshoe Trail.

None ♦858 

Comal River/Dry Comal 

Creek.

At the confluence with the Guadalupe 

River.

♦604 ♦617 

Approximately 1,200 feet upstream of 

Krueger Canyon Road.

♦663 ♦666 

Comal Springs/Blieders 

Creek.

At the convergence with the New Channel Comal River and Old Channel 

Comal River.

♦623 ♦625 

Approximately .41 mile upstream of River 

Road.

None ♦673 

Guadalupe River .............. Approximately .65 mile downstream of 

the confluence of North Guadalupe 

Tributary.

♦586 ♦598 

Approximately 420 feet upstream of the 

Union Pacific Railroad.

♦626 ♦635 

New Channel Comal River At the convergence with Dry Comal 

Creek.

♦618 ♦625 

At the divergence from the Old Channel 

Comal River and Comal Springs.

♦623 ♦625 

North Guadalupe Tributary At the confluence with the Guadalupe 

River.

♦591 ♦602 

Approximately 100 feet upstream of FM 

1044/Old Marion Road.

♦679 ♦678 

Old Channel Comal River At the confluence with the Comal River ... ♦611 ♦618 

At the divergence from the New Channel 

Comal River and Comal Springs.

♦623 ♦625 

South Guadalupe Tributary.At the confluence with the North Guadalupe Tributary.♦596 ♦602 

Approximately 100 feet upstream of FM 

1044/Old Marion Road.

♦671 ♦672 

Maps are available for inspection at the New Braunfels Municipal Building, 424 South Castell Avenue, P.O. Box 311747, New Braunfels, Texas.

Send comments to The Honorable Adam Cork, Mayor, City of New Braunfels, New Braunfels Municipal Building, 424 South Castell Avenue, 

P.O. Box 311747, New Braunfels, Texas 78131–1745. 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance’’)

Dated: January 28, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 05–2117 Filed 2–3–05; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7612] 

Proposed Flood Elevation 

Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

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 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, 

FEMA, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903.

SUPPLEMENTARY 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 base flood 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.