[Federal Register Volume 68, Number 182 (Friday, September 19, 2003)]
[Proposed Rules]
[Pages 54877-54878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23989]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7637]


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, 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:

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                                                                                                                                                                         Depth in feet
                                                                                                                                                                        above ground. *Elevation
                                                                                                                                                                            in feet. *(NGVD)
                State                      City/town/county                  Source of flooding                                      Location                                [ssdiam](NAVD)
                                                                                                                                                                       -------------------------
                                                                                                                                                                          Existing     Modified
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Minnesota............................  Jackson (City), Jackson   West Fork Des Moines River...............  At the corporate limit, approximately 2,000 feet                 *1,306       *1,304
                                        County.                                                              downstream of the confluence of Nelson Creek.
                                                                                                            At the corporate limit, about 3,200 feet downstream of           *1,315      *1,314
                                                                                                             Interstate 90.
  Maps are available for inspection at City Hall, 80 West Ashley Street, Jackson, Minnesota.
 
  Send comments to The Honorable Dean Albrecht, City Administrator, City of Jackson, City Hall, 80 West Ashley Street, Jackson, Minnesota 56143.
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Ohio.................................  Bentleyville (Village),   Aurora Branch............................  Approximately 1,500 feet upstream of the mouth............         *828         *833
                                        Cuyahoga County.

[[Page 54878]]

 
                                                                                                            At the corporate limits, approximately 1,700 feet upstream         *892         *893
                                                                                                             of the Norfolk Southern Railroad bridge.
                                                                 Chagrin River............................  At the corporate limits, approximately 700 feet downstream         *821         *823
                                                                                                             of Miles Road.
                                                                 Chagrin River............................  At at the corporate limits, approximately 4,550 feet               *836         *838
                                                                                                             upstream of the confluence of Aurora Branch.
                                                                 Tributary 2..............................  At the mouth..............................................         *883         *889
                                                                                                            Approximately 140 feet downstream of Liberty Road.........         *888        *889
  Maps are available for inspection at the Bentleyville Village Hall, 6253 Chagrin River Road, Bentleyville, Ohio.
 
  Send comments to The Honorable Michael R. Canty, Mayor, Village of Bentleyville, 6253 Chagrin River Road, Bentleyville, Ohio 44022.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: September 10, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 03-23989 Filed 9-18-03; 8:45 am]
BILLING CODE 6718-04-P