[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8130-8132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3813]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7643]


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 8131]]



------------------------------------------------------------------------
   Source of flooding and     *Elevation in feet (NGVD)
   location of referenced    ---------------------------   Communities
          elevation             Existing      Modified       affected
------------------------------------------------------------------------
Little Blue River:
    Approximately 6,650 feet  None........       *1,440  Thayer County,
     downstream of U.S.                                   NE
     Highway 81.                                          (Unincorporate
                                                          d Areas).
                                                         City of Hebron,
                                                          NE.
    Approximately 14,320      None........       *1,459
     feet upstream of South
     First Street.
-----------------------------
                                ADDRESSES
Thayer County, Nebraska
 
Maps are available for inspection at the Thayer County Courthouse, 225
 North Fourth Street, Hebron, Nebraska.
 
Send comments to Mr. Chris Frye, Zoning Administrator, P.O. Box 401,
 Hebron, Nebraska 68370.
 
City of Hebron, Nebraska
 
Maps are available for inspection at City Hall, City of Hebron, 216
 Lincoln Avenue, Hebron, Nebraska.
 
Send comments to Mr. David Farnstrom, Zoning Administrator, 216 Lincoln
 Avenue, Hebron, Nebraska 68370.
------------------------------------------------------------------------
Bear Creek:
    Mouth at Great Miami      N/A.........         *704  Village of New
     River.                                               Lebanon, OH.
    At the confluence of      N/A.........         *881  City of
     Diehl Run                                            Miamisburg,
     (approximately 5,600                                 OH.
     feet upstream of U.S.                               City of
     Highway 35).                                         Moraine, OH.
                                                         Montgomery
                                                          County, OH.
Diehl Run:
    Confluence at Bear Creek  N/A.........         *881  Village of New
                                                         Lebanon, OH.
    Approximately 35 feet     N/A.........         *960  Montgomery
     downstream of North                                  County, OH.
     Johnsonville Road.
Dry Run:
    Just upstream of Free     N/A.........         *804  City of
     Pike.                                                Clayton, OH.
                                                         City of Dayton,
                                                          OH.
    Approximately 710 feet    N/A.........         *943  City of
     upstream of Union Road.                              Trotwood, OH.
                                                         Montgomery
                                                          County, OH.
Garber Run:
    Mouth at Bear Creek.....  N/A.........         *856  Montgomery
                                                          County, OH.
    Approximately 6,200 feet  N/A.........         *934
     upstream of Old Dayton
     Road.
Holes Creek:
    Just upstream of CSX      *725........         *722  City of
     Railroad.                                            Centerville,
                                                          OH.
                                                         City of
                                                          Moraine, OH.
    Approximately 200 feet    N/A.........         *914  City of W.
     upstream of Silverlake                               Carrolton, OH.
     Drive.                                              Montgomery
                                                          County, OH.
Little Bear Creek:
    Confluence at Bear Creek  N/A.........         *775  Montgomery
                                                          County, OH.
    Approximately 2,870 feet  N/A.........         *935
     upstream of Old Dayton
     Road.
North Branch Wolf Creek:
    Just upstream of Oakes    N/A.........         *860  City of
     Road.                                                Clayton, OH.
                                                         City of
                                                          Trotwood, OH.
    Just downstream of        N/A.........         *944  Montgomery
     Interstate 70/U.S.                                   County, OH.
     Highway 49.
Poplar Creek:
    Approximately 250 feet    *864........         *865  City of
     downstream of East                                   Vandalia, OH.
     Stonequarry Road.
    Approximately 580 feet    *874........         *875
     upstream of East
     Stonequarry Road.
Spring Run:
    Confluence at Little      N/A.........         *819  Montgomery
     Bear Creek.                                          County, OH.
    Approximately 2,000 feet  N/A.........         *916
     upstream of North
     Snyder Road.
-----------------------------
                                ADDRESSES
City of Centerville, Ohio
Maps are available for inspection at the Municipal Government Center,
 100 West Spring Valley Road, Centerville, Ohio.
 
Send comments to Mr. Mike Murray, Assistant City Engineer, City of
 Centerville, 100 West Spring Valley Road, Centerville, Ohio 45458.
 
City of Clayton, Ohio
 
Maps are available for inspection at the City Administration Building,
 6996 Taywood Road, Englewood, Ohio.
 
Send comments to Mr. Brian Elkins, Zoning Director, City of Clayton,
 P.O. Box 280, Clayton, Ohio 45315-0280.
 
City of Dayton, Ohio
 
Maps are available for inspection at the Planning and Community
 Development Office, 101 West Third Street, Dayton, Ohio.
 
Send comments to Mr. Michael Cromartie, Building Inspection Manager,
 City of Dayton, 271 West Second Street, Dayton, Ohio 45402.
 
City of Miamisburg, Ohio
 
Maps are available for inspection at City Annex Building, 10 North First
 Street, Miamisburg, Ohio.
 
Send comments to Mr. John Creech, City Planner, 10 North First Street,
 Miamisburg, Ohio 45342.
 
City of Moraine, Ohio
 
Maps are available for inspection at the Community Development
 Department, Municipal Building, 4200 Dryden Road, Moraine, Ohio.
 
Send comments to Mr. Scott Young, Building and Zoning Administrator,
 City of Moraine, Municipal Building, 4200 Dryden Road, Moraine, Ohio
 45439.
 
Village of New Lebanon, Ohio
 

[[Page 8132]]

 
Maps are available for inspection at the Municipality of New Lebanon
 Village Offices, 198 South Clayton Road, New Lebanon, Ohio.
 
Send comments to Mr. Allen Moe, Village Engineer, 3939 Vanco Lane,
 Vandalia, Ohio 45377.
 
City of Trotwood, Ohio
 
Maps are available for inspection at the Department of Public Works,
 Trotwood Government Center, 4 Strader Drive, Trotwood, Ohio.
 
Send comments to Mr. Thomas Odenigbo, Public Works Director, Department
 of Public Works, Trotwood Government Center, 4 Strader Drive, Trotwood,
 Ohio 45426-2600.
 
City of Vandalia, Ohio
 
Maps are available for inspection at the City of Vandalia City Building,
 333 James E. Bohanan Memorial Drive, Vandalia, Ohio 45377.
 
Send comments to Mr. Robert G. Galvin, P.E., Deputy City Engineer, City
 of Vandalia, City Engineer's Office, 333 James E. Bohanan Memorial
 Drive, Vandalia, Ohio 45449.
 
City of West Carrollton, Ohio
 
Maps are available for inspection at the City of West Carrollton Civic
 Center, 300 East Central Avenue, West Carrollton, Ohio.
 
Send comments to Mr. David Humphreys, Director of Planning and Economic
 Development, City of West Carrollton Civic Center, 300 East Central
 Avenue, West Carrollton, Ohio 45449.
 
Montgomery County, Ohio
 
Maps are available for inspection at Montgomery County Administration
 Building, 451 West Third Street, Room 800, Dayton, Ohio.
 
Send comments to Mr. Joseph Litvin, Montgomery County Engineer,
 Montgomery County Administration Building, 451 West Third Street, Room
 800, Dayton, Ohio 45422.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: February 11, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response 
Directorate.
[FR Doc. 04-3813 Filed 2-20-04; 8:45 am]
BILLING CODE 6718-04-P