[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Proposed Rules]
[Pages 5953-5954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2117]


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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.

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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.


Sec.  67.4  [Amended]

    2. The tables published under the authority of Sec.  67.4 are 
proposed to be amended as follows:

[[Page 5954]]



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                                                                                                                                                                         <greek-i>Depth in feet
                                                                                                                                                                              above ground
                                                                                                                                                                        [sdiam]Elevation in feet
                State                      City/town/county                  Source of flooding                                      Location                                    (NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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TX...................................  New Braunfels (City)      Blieders Creek (Upper Reach).............  Approximately 730 feet downstream of State Highway 46.....         None   [sdiam]815
                                        Comal and Guadalupe
                                        Counties.
                                                                                                            Approximately .52 mile upstream of Horseshoe Trail........         None   [sdiam]858
                                                                 Comal River/Dry Comal Creek..............  At the confluence with the Guadalupe River................   [sdiam]604   [sdiam]617
                                                                                                            Approximately 1,200 feet upstream of Krueger Canyon Road..   [sdiam]663   [sdiam]666
                                                                 Comal Springs/Blieders Creek.............  At the convergence with the New Channel Comal River and      [sdiam]623   [sdiam]625
                                                                                                             Old Channel Comal River.
                                                                                                            Approximately .41 mile upstream of River Road.............         None   [sdiam]673
                                                                 Guadalupe River..........................  Approximately .65 mile downstream of the confluence of       [sdiam]586   [sdiam]598
                                                                                                             North Guadalupe Tributary.
                                                                                                            Approximately 420 feet upstream of the Union Pacific         [sdiam]626   [sdiam]635
                                                                                                             Railroad.
                                                                 New Channel Comal River..................  At the convergence with Dry Comal Creek...................   [sdiam]618   [sdiam]625
                                                                                                            At the divergence from the Old Channel Comal River and       [sdiam]623   [sdiam]625
                                                                                                             Comal Springs.
                                                                 North Guadalupe Tributary................  At the confluence with the Guadalupe River................   [sdiam]591   [sdiam]602
                                                                                                            Approximately 100 feet upstream of FM 1044/Old Marion Road   [sdiam]679   [sdiam]678
                                                                 Old Channel Comal River..................  At the confluence with the Comal River....................   [sdiam]611   [sdiam]618
                                                                                                            At the divergence from the New Channel Comal River and       [sdiam]623   [sdiam]625
                                                                                                             Comal Springs.
                                                                 South Guadalupe Tributary................  At the confluence with the North Guadalupe Tributary......   [sdiam]596   [sdiam]602
                                                                                                            Approximately 100 feet upstream of FM 1044/Old Marion Road   [sdiam]671   [sdiam]672
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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.
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(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