Proposed Flood Elevation Determinations, 20327-20329 [05-7755]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Proposed Rules
20327
*Elevation in feet (NGVD)
Source of flooding and location of referenced elevation
Communities affected
Existing
Modified
Unincorporated Areas of Bexar County, Texas:
Maps are available for inspection at the Bexar County Public Works Department, 233 North Pecos, Suite 420, San Antonio, Texas.
Send comments to The Honorable Nelson W. Wolff, Judge, Bexar County, 100 Dolorosa, Suite 108, San Antonio, Texas 78205.
City of Kirby, Bexar County, Texas:
Maps are available for inspection at 112 Bauman Street, Kirby, Texas.
Send comments to The Honorable Ray Martin, Mayor, City of Kirby, 112 Bauman Street, Kirby, Texas 78219.
City of San Antonio, Bexar County, Texas:
Maps are available for inspection at the Municipal Plaza, 114 West Commerce, 7th Floor, San Antonio, Texas.
Send comments to The Honorable Ed Garza, Mayor, City of San Antonio, City Hall, Office of the Mayor, 100 Military Plaza, San Antonio,
Texas 78205.
East Fork to Soap Creek:
At the confluence with Soap Creek .........................................................
None
*593 Ellis County (Unincorporated Areas)
At Weatherford Road ...............................................................................
None
*616 City of Midlothian
Newton Branch:
At the confluence with Soap Creek .........................................................
None
*546 Ellis County (Unincorporated Areas)
At NRCS Dam No. 10 (Mountain Creek Watershed) ..............................
None
*564 City of Midlothian
Plains Creek:
At the confluence with Newton Branch ...................................................
None
*550 Ellis County (Unincorporated Areas)
Approximately 4,900 feet upstream of Old Fort Worth Road ..................
None
*574
Soap Creek:
At approximately 300 feet upstream of the confluence with Grassy
None
*538 Ellis County (Unincorporated Areas)
Creek.
City of Midlothian
Approximately 1,900 feet upstream of the confluence of East Fork to
None
*598
Soap Creek.
Tributary No. 6 to Soap Creek:
At the confluence with Soap Creek .........................................................
None
*570 Ellis County (Unincorporated Areas)
Approximately 2,600 feet upstream of the confluence with Soap Creek
None
*574
West Fork to Soap Creek:
At the confluence with Soap Creek .........................................................
None
*581 Ellis County (Unincorporated Areas)
Approximately 2,500 feet upstream of Ray White Road .........................
None
*601
Lake Joe Pool:
Entire shoreline ........................................................................................
None
*538 Ellis County (Unincorporated Areas)
Unincorporated Areas of Ellis County, Texas:
Maps are available for inspection at the Ellis County Courthouse, 101 West Main Street, Waxachachie, Texas.
Send comments to the Honorable Chad Adams, Judge, Ellis County, 101 West Main Street, Waxachachie, Texas 75165.
City of Midlothian, Ellis County, Texas:
Maps are available for inspection at City Hall, 104 West Avenue East, Midlothian, Texas.
Send comments to the Honorable David K. Setzer, Mayor, City of Midlothian, 104 West Avenue East, Midlothian, Texas 76065.
(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. 05–7756 Filed 4–18–05; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
The comment period is ninety
(90) days following the second
publication of this proposed rule in a
newspaper of local circulation in each
community.
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, Emergency
AGENCY:
20:31 Apr 18, 2005
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:
[Docket No. FEMA–P–7683]
VerDate jul<14>2003
Preparedness and Response Directorate,
Department of Homeland Security.
ACTION: Proposed rule.
Jkt 205001
The proposed BFEs for each
community are available for inspection
ADDRESSES:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
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
E:\FR\FM\19APP1.ROB
19APP1
20328
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Proposed Rules
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.
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.
National Environmental Policy Act
Executive Order 12612, Federalism
This proposed rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. No environmental
impact assessment has been prepared.
This proposed rule involves no
policies that have federalism
implications under Executive Order
12612, Federalism, dated October 26,
1987.
State
City/town/county
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.
Source of flooding
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:
# Depth in feet above
ground
o Elevation in Feet
o (NAVD)
Location
Existing
NM ............................
Jal (City) Lea County
Flow Path 1 ..............
Flow Path 2 ..............
Flow Path 3 ..............
Flow Path 4 ..............
Flow Path 5 ..............
Flow Path 6 ..............
Modified
None
o 3,000
None
o 3,071
None
None
o 3,054
o 3,082
None
None
o 3,051
o 3,087
None
o 3,025
None
o 3,080
None
o 3,019
None
o 3,080
None
o 3,007
None
Approximately 2,900 feet downstream of
Whitworth Drive.
Approximately 1,250 feet upstream of East
Kansas Avenue.
At the confluence with Flow Path 1 ............
Approximately 400 feet upstream of Ocho
Road.
At the confluence with Flow Path 1 ............
Approximately 80 feet upstream of West
Kansas Avenue.
Approximately 200 feet downstream of
West Nevada Avenue.
Approximately 225 feet upstream of West
Wyoming Avenue.
Approximately 200 feet downstream of
West Minnesota Avenue.
Approximately 175 feet downstream of
West Colorado Avenue.
Approximately 1,775 feet upstream of
West Minnesota Avenue.
Approximately 1,350 feet downstream of
West Missouri Avenue.
o 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
# Depth in feet above
ground
*Elevation in Feet
*(NAVD)
Location
Existing
TX .............................
20:31 Apr 18, 2005
Jkt 205001
Flow Path No. 28
Mesa Drain and Interceptor.
PO 00000
Frm 00014
Fmt 4702
Just upstream of Southern Pacific Railroad
*3,668
*3,665
Approximately 2,030 feet upstream of
Bucher Road.
VerDate jul<14>2003
El Paso (City) El
Paso County.
Modified
None
*3,693
Sfmt 4702
E:\FR\FM\19APP1.ROB
19APP1
20329
Federal Register / Vol. 70, No. 74 / Tuesday, April 19, 2005 / Proposed Rules
State
City/town/county
Source of flooding
# Depth in feet above
ground
*Elevation in Feet
*(NAVD)
Location
Existing
Flow Path No. 29 .....
Flow Path No. 30 .....
Flow Path No. 32 .....
Flow Path No. 33
Middle Drain.
Approximately 200 feet downstream of Del
Monte Street.
Approximately 250 feet upstream of Cimarron Street.
At the confluence of Flow Path No. 28
Mesa Drain and Interceptor.
Approximately 380 feet upstream of North
Carolina Drive.
At the confluence with Flow Path No. 28
Mesa Drain and Interceptor.
Approximately 35 feet downstream of
Escobar Avenue.
Just upstream of confluence with
Iowenstein Lateral.
Approximately 85 feet downstream of
North Zarogosa Road.
Modified
*3,737
3.736
*3,671
3.769
*3,681
3,678
*3,727
*3,721
*3,671
*3,668
*3,713
*3,714
*3,667
*3,666
*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
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 36
[FAR Case 2004-023]
Federal Acquisition Regulation;
Application of the Brooks Act to
Mapping Services; Analysis of
Comments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice; Analysis of Comments.
AGENCIES:
SUMMARY: The Defense Acquisition
Regulations Council and the Civilian
Agency Acquisition Council (the
Councils) have reviewed the public
comments received in response to the
request for comments on the application
of the Brooks Architect-Engineers Act to
mapping services. The Councils have
determined that no change to the FAR
VerDate jul<14>2003
20:31 Apr 18, 2005
Jkt 205001
is necessary. In the interest of
transparency, this notice sets forth the
rationale supporting this determination.
FOR FURTHER INFORMATION CONTACT: Ms.
Cecelia Davis, at (202) 219-0202. Please
cite FAR case 2004-023.
SUPPLEMENTARY INFORMATION:
I. Background
On October 27, 1972, the Brooks
Architect-Engineers Act (Pub. L. 92-582)
(40 U.S.C. 541 et seq., recodified now at
40 U.S.C. 1101 et seq.) required that all
requirements for Architect-Engineers
(A-E) services be publicly announced,
and be negotiated on the basis of
demonstrated competence and
qualifications for the type of
professional services required, at fair
and reasonable prices. The Act
established a specific qualification
based procurement process to be used in
procurements for architect-engineer
services, which the Act defined as
‘‘those professional services of an
architectural or engineering nature as
well as incidental services that members
of these professions and those in their
employ may logically or justifiably
perform.’’
Since enactment, Congress has
expanded the definition of A-E services
(Pub. L. 100-656, Pub. L. 100-679, Pub.
L. 101- 574). Of specific note here,
Section 403 of Pub. L. 101-574 (SBA
Reauthorization and Amendments Act
of 1990) required that, pursuant to
Section 742 of Public Law 100-656,
modifications to FAR Part 36 shall
specify that ‘‘the definition of
architectural and engineering services
includes surveying and mapping
services to which the selection
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
procedures of Subpart FAR 36.6 of the
Federal Acquisition Regulation apply.’’
Some interpret this to mean that all
mapping services are subject to FAR
Subpart 36.6. Others interpret the
phrase ‘‘to which the selection
procedures of Subpart 36.6 of the
Federal Acquisition Regulation apply’’
as a limitation modifying ‘‘mapping
services.’’ On October 10, 1991, then
OFFP Administrator issued a letter to
the FAR Committee stating that ‘‘the
determining factor in deciding whether
mapping services should be procured
through the A-E process or through
normal competitive procedures is
whether mapping services are
associated with ‘traditionally
understood or accepted architectural or
engineering activities.’’’
The FAR states concerning
professional surveying and mapping
services of an architectural or
engineering nature:
Surveying is considered to be an
architectural and engineering service and
shall be procured pursuant to section 36.601
from registered surveyors or architects and
engineers. Mapping associated with the
research, planning, development, design,
construction, or alteration of real property is
considered to be an architectural and
engineering service and is to be procured
pursuant to section 36.601. However,
mapping services that are not connected to
traditionally understood or accepted
architectural and engineering activities, are
not incidental to such architectural and
engineering activities or have not in
themselves traditionally been considered
architectural and engineering services shall
be procured pursuant to provisions in Parts
13, 14, and 15. FAR 36.601(a)(4).
During the years since enactment of
the Brooks Act in 1972, the mapping
E:\FR\FM\19APP1.ROB
19APP1
]]>Agencies
[Federal Register Volume 70, Number 74 (Tuesday, April 19, 2005)]
[Proposed Rules]
[Pages 20327-20329]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7755]
-----------------------------------------------------------------------
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
[[Page 20328]]
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:
----------------------------------------------------------------------------------------------------------------
Depth in feet
above ground [diams]
Source of Elevation in Feet
State City/town/county flooding Location [diams] (NAVD)
-------------------------
Existing Modified
----------------------------------------------------------------------------------------------------------------
NM............................ Jal (City) Lea Flow Path 1...... Approximately None [diams]
County. 2,900 feet 3,000
downstream of
Whitworth Drive.
Approximately None [diams]
1,250 feet 3,071
upstream of
East Kansas
Avenue.
Flow Path 2...... At the None [diams]
confluence with 3,054
Flow Path 1.
Approximately None [diams]
400 feet 3,082
upstream of
Ocho Road.
Flow Path 3...... At the None [diams]
confluence with 3,051
Flow Path 1.
Approximately 80 None [diams]
feet upstream 3,087
of West Kansas
Avenue.
Flow Path 4...... Approximately None [diams]
200 feet 3,025
downstream of
West Nevada
Avenue.
Approximately None [diams]
225 feet 3,080
upstream of
West Wyoming
Avenue.
Flow Path 5...... Approximately None [diams]
200 feet 3,019
downstream of
West Minnesota
Avenue.
Approximately None [diams]
175 feet 3,080
downstream of
West Colorado
Avenue.
Flow Path 6...... Approximately None [diams]
1,775 feet 3,007
upstream of
West Minnesota
Avenue.
Approximately None [diams]
1,350 feet 3,046
downstream of
West Missouri
Avenue.
-------------------------------
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.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Depth in feet
above ground
Source of *Elevation in Feet
State City/town/county flooding Location *(NAVD)
-------------------------
Existing Modified
----------------------------------------------------------------------------------------------------------------
TX............................ El Paso (City) El Flow Path No. 28 Just upstream of *3,668 *3,665
Paso County. Mesa Drain and Southern
Interceptor. Pacific
Railroad.
Approximately None *3,693
2,030 feet
upstream of
Bucher Road.
[[Page 20329]]
Flow Path No. 29. Approximately *3,737 3.736
200 feet
downstream of
Del Monte
Street.
Approximately *3,671 3.769
250 feet
upstream of
Cimarron Street.
Flow Path No. 30. At the *3,681 3,678
confluence of
Flow Path No.
28 Mesa Drain
and Interceptor.
Approximately *3,727 *3,721
380 feet
upstream of
North Carolina
Drive.
Flow Path No. 32. At the *3,671 *3,668
confluence with
Flow Path No.
28 Mesa Drain
and Interceptor.
Approximately 35 *3,713 *3,714
feet downstream
of Escobar
Avenue.
Flow Path No. 33 Just upstream of *3,667 *3,666
Middle Drain. confluence with
Iowenstein
Lateral.
Approximately 85 *3,667 *3,668
feet downstream
of North
Zarogosa Road.
-------------------------------
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
