[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Rules and Regulations]
[Pages 521-522]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-158]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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).

EFFECTIVE DATES: The date of issuance of the Flood Insurance Rate Map 
(FIRM) showing BFEs and modified BFEs for each community. This date may 
be obtained by contacting the office where the maps are available for 
inspection as indicated on the table below.

ADDRESSES: The final 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 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.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 
67.
    The Agency has developed criteria for floodplain management in 
floodprone areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.

National Environmental Policy Act

    This 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 final or 
modified BFEs are required by the Flood Disaster Protection Act of 
1973, 42 U.S.C. 4104, and are required to establish and maintain 
community eligibility in the NFIP. No regulatory flexibility analysis 
has been prepared.

Regulatory Classification

    This final 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 rule involves no policies that have federalism implications 
under Executive Order 12612, Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice Reform

    This 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.

0
Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

------------------------------------------------------------------------
                                                               
                                                               Depth in
                                                              feet above
                                                                ground.
                                                              *Elevation
               Source of flooding and location                  in feet
                                                                (NGVD)
                                                                [sbull]
                                                               Elevation
                                                                in feet
                                                                (NAVD)
------------------------------------------------------------------------
                           INDIANA
-------------------------------------------------------------
 
                        Adams County
 
Yellow Creek:
  At the confluence with St. Marys River....................       * 790
  Approximately 1,750 feet upstream of Norfolk and Western         * 790
   Rail.....................................................
             Adams County (Unincorporated Areas)
 
Blue Creek:
  At the confluence with St. Marys River....................       * 793
  At U.S. Route 27..........................................       * 836
             Adams County (Unincorporated Areas)
 
St. Marys River
  At South County Line Road.................................       * 787
  At the upstream state boundary............................       * 794
    Adams County (Unincorporated Areas), City of Decatur
 
Kohne Drain No. 1:
  At confluence with Holthouse Ditch........................       * 786
  Just downstream of County Road 050 West...................       * 796
    City of Decatur, Adams County (Unincorporated Areas)
 
Borum Run:
  At the confluence with St. Marys River....................       * 789
  Approximately 0.98 mile upstream of High Street...........       * 789
    City of Decatur, Adams County (Unincorporated Areas)
 
Koos Ditch
  At the confluence with St. Marys River....................       * 788
  Approximately 1,175 feet upstream of Piqua Road...........       * 788
    City of Decatur, Adams County (Unincorporated Areas)
 
Holthouse Ditch:
  At the confluence with St. Marys River....................       * 786
  Approximately 1,400 feet downstream of Nottman Road.......       * 787
    City of Decatur, Adams County (Unincorporated Areas)
 
Adams County (Unincorporated Areas)
 

[[Page 522]]

 
Maps available for inspection at the Office of the Adams
 County Board of Commissioners, 313 West Jefferson, Room
 251, Decatur, Indiana.
 
City of Decatur
Maps available for inspection at the Decatur City Hall, 225
 West Monroe Street, Decatur, Indiana.
-------------------------------------------------------------
 
                            OHIO
-------------------------------------------------------------
 
 Hamilton County (Unincorporated Areas) (FEMA Docket No. D-
                            7562)
 
Congress Run:
  Approximately 0.7 mile upstream of Ridgeway Avenue........       * 623
  Approximately 0.9 mile upstream of Ridgeway Avenue........       * 630
                       City of Wyoming
 
Duck Creek:
  Approximately 0.4 mile downstream of Redbank Road.........       * 510
  Approximately 0.5 mile upstream of Railroad...............       * 549
 Hamilton County (Unincorporated Areas), Village of Fairfax
 
East Fork Mill Creek:
  At the confluence with Mill Creek.........................       * 584
  At the City of Sharonville corporate limits...............       * 587
                     City of Sharonville
 
Little Miami River:
  Approximately 0.9 mile downstream of Railroad.............       * 501
  Approximately 0.6 mile upstream of Railroad...............       * 593
           Village of Mariemont, City of Loveland
 
Mill Creek:
  Just Upstream of the Barrier Dam..........................       * 480
  At the City of Sharonville corporate limits...............       * 586
Cities of Cincinnati, Reading, Sharonville, and St. Bernard,
      Villages of Elmwood Place, Evendale, and Lockland
 
North Branch Sycamore Creek:
  Approximately 0.61 mile downstream of U.S. Route 22.......       * 696
  Approximately 0.6 mile downstream of U.S. Route 22........       * 697
                   Village of Indian Hill
 
Polk Run/Lake Chetak Creek:
  Approximately 0.8 mile downstream of East Kemper Road.....       * 586
  Approximately 1,390 feet upstream of East Kemper Road.....       * 690
           Hamilton County (Unincorporated Areas)
 
Sharon Creek:
  At the confluence with Mill Creek.........................       * 571
  Approximately 320 feet upstream of confluence with Mill          * 571
   Creek....................................................
                      City of Evendale
 
Sycamore Creek:
  Approximately 550 feet downstream of Railroad.............       * 729
  Approximately 250 feet downstream of Carmargo Road........       * 742
                   Village of Indian Hill
 
West Fork Mill Creek:
  Approximately 1.6 miles upstream of Riddle Road...........       * 614
  Approximately 0.9 mile upstream of Riddle Road............     [sbull]
                                                                     594
                     Village of Woodlawn
 
O'Bannon Creek:
  At the confluence with Little Miami River.................     [sbull]
                                                                     591
  At the Hamilton County corporate limits...................     [sbull]
                                                                     591
Hamilton County (Unincorporated Areas)
 
Maps available for inspection at the Hamilton County
 Department of Public Works, 138 East Court Street,
 Cincinnati, Ohio.
 
City of Cincinnati
 
Maps available for inspection at the Cincinnati City Hall,
 801 Plum Street, Cincinnati, Ohio.
 
Village of Elmwood Place
 
Maps available for inspection at the Elmwood Place Village
 Hall, 6118 Vine Street, Elmwood Place, Ohio.
 
Village of Evendale
 
Maps available for inspection at the Evendale Village Hall,
 10500 Reading Road, Evendale, Ohio.
 
Village of Fairfax
 
Maps available for inspection at the Fairfax Village Hall,
 5903 Hawthorne Street, Fairfax, Ohio.
 
Village of Lockland
 
Maps available for inspection at the Lockland Village Hall,
 101 North Cooper Avenue, Lockland, Ohio.
 
City of Loveland
 
Maps available for inspection at the Loveland Building and
 Zoning Department, 120 West Loveland Avenue, Loveland,
 Ohio.
 
Village of Mariemont
 
Maps available for inspection at the Mariemont Village Hall,
 6907 Wooster Pike, Mariemont, Ohio.
 
City of Reading
 
Maps available for inspection at the Reading City Hall, 1000
 Market Street, Reading, Ohio.
 
City of Sharonville
 
Maps available for inspection at the Sharonville City Hall,
 10900 Reading Road, Sharonville, Ohio.
 
City of St. Bernard
 
Maps available for inspection at the St. Bernard City Hall,
 110 Washington Avenue, St. Bernard, Ohio.
 
Village of Woodlawn
 
Maps available for inspection at the Woodlawn Village Hall,
 10141 Woodlawn Boulevard, Woodlawn, Ohio.
 
Village of Wyoming
 
Maps available for inspection at the Wyoming City Hall, 800
 Oak Avenue, Wyoming, Ohio.
------------------------------------------------------------------------


    Dated: December 18, 2003.

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

Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-158 Filed 1-5-04; 8:45 am]
BILLING CODE 9110-12-M