[Federal Register Volume 69, Number 151 (Friday, August 6, 2004)]
[Proposed Rules]
[Pages 47830-47831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17959]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


[Docket No. FEMA-P-7653]

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.

[[Page 47831]]

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 BFEs 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:

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                                                                                                                                  Depth in feet
                                                                                                                                 above ground *elevation
            State              City/town/county      Source of flooding                          Location                            in feet *(NGVD)
                                                                                                                               -------------------------
                                                                                                                                  Existing     Modified
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OH...........................  Chagrin Falls     Chagrin River............  At the downstream corporate limit, approximately           *836         *838
                                (Village)                                    4,735 feet downstream of Miles Road.
                                Cuyahoga County.
                                                                            Just downstream of the corporate limit,                    None        *979
                                                                             approximately 5,100 feet upstream of the dam.
Maps are available for inspection at the Village Hall, 21 W. Washington Street, Chagrin Falls, Ohio.
 
 Send comments to Mr. Ben Himes, Chief Administrative Officer, Village of Chagrin Falls, 21 West Washington Street, Chagrin Falls, Ohio 44022.
OH...........................  Lake County       Red Creek................  Just upstream of CSX Railroad.....................         None         *677
                                (Unincorporated
                                Areas).
                                                                            Approximately 700 feet upstream of Farm Road......         None         *696
                               ................  Red Mill Creek             A reach approximately 1,200 feet south of Norfolk          None         *704
                                                                             Southern Railroad.
                                                                            Area east of the Main Street and 700 feet south of         None  2
                                                                             Norfolk Southern Railroad.
Maps are available for inspection at the Lake County Engineers Office, 550 Blackbrook Road, Painesville, Ohio.
Send comments to Mr. Mike Krems, Chief Building Inspector, 27 Woodland Road, Painesville, Ohio 44077.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: July 28, 2004.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 04-17959 Filed 8-5-04; 8:45 am]
BILLING CODE 9110-12-P