Flood elevation determinations: New Mexico and Texas,

[Federal Register: March 4, 2005 (Volume 70, Number 42)]

[Proposed Rules]

[Page 10582-10583]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04mr05-18]

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7671]

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.

   Sec. 67.4 [Amended]

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

   [[Page 10583]]

   Depth in feet above ground [sdiam]Elevation State

   City/town/county

   Source of flooding

   Location

   in feet (NAVD)

   Existing Modified

   NM................................... Espanola (City) Rio Arroya del Gaucho........................ At the confluence with the Rio Grande.....................

   None [sdiam]5,60 Arriba and Santa Fe

   2 Counties. Approximately 2.04 miles upstream of U.S. Highway 84......

   None [sdiam]5,91 8 Arroyo de Guachupangue................... Approximately 500 feet upstream of the confluence with the

   None [sdiam]5,58 Rio Grande.

   5 Approximately 2,690 feet upstream of the confluence of

   None [sdiam]5,68 Arroyo de Guachupangue Tributary.

   3 Arroyo de Guachupangue Tributary......... At the confluence with Arroyo de Guachupangue.............

   None [sdiam]5,63 2 Approximately 500 feet upstream of the confluence with

   None [sdiam]5,64 Arroyo de Guachupangue.

   2 Arroyo de Hanchitos...................... Approximately 2,690 feet downstream of U.S. Highway 285...

   None [sdiam]5,60 7 Approximately 1,650 feet upstream of U.S. Highway 285.....

   None [sdiam]5,68 0 Llano Ditch Tributary.................... Approximately 250 feet upstream of El Llano Road..........

   None [sdiam]5,59 9 Approximately 1.3 miles upstream of El Llano Road.........

   None [sdiam]5,70 5 TX................................... Espanola (City) Rio Rio Grande............................... Approximately 1,650 feet downstream of U.S. Highway 84....

   None [sdiam]5,58 Arriba and Santa Fe

   1 Counties (Cont'd.). Approximately 0.82 mile upstream of the confluence of

   None [sdiam]5,60 Arroyo del Gaucho.

   7 Rio Grande Tributary 1................... At North Railroad Avenue..................................

   None [sdiam]5,59 5 Approximately 1,930 feet upstream of Onate Street.........

   None [sdiam]5,67 3 Santa Cruz River......................... At the confluence with the Rio Grande.....................

   None [sdiam]5,58 6 Approximately 1,170 feet upstream of State Highway 106....

   None [sdiam]5,69 2

   Maps are available for inspection at the Community Map Repository, City of Espanola, 405 North Paseo de Onate, Espanola, New Mexico.

   Send comments to The Honorable Richard Lucero, Mayor, City of Espanola, 405 North Paseo de Onate, Espanola, New Mexico 87532.

   (Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance.'')

   Dated: February 23, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate.

   [FR Doc. 05-4196 Filed 3-3-05; 8:45 am]

   BILLING CODE 9110-12-P