[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Proposed Rules]
[Pages 53814-53816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21688]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-B-1006]


Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Proposed rule.

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SUMMARY: Comments are requested on the proposed Base (1 percent annual-
chance) Flood Elevations (BFEs) and proposed BFE modifications for the 
communities listed in the table below. The purpose of this notice is to 
seek general information and comment regarding the proposed regulatory 
flood elevations for the reach described by the downstream and upstream 
locations in the table below. The BFEs and modified BFEs are a part of 
the floodplain management measures that the community is required 
either to adopt or show evidence of having in effect in order to 
qualify or remain qualified for participation in the National Flood 
Insurance Program (NFIP). In addition, these elevations, once 
finalized, will be used by insurance agents, and others to calculate 
appropriate flood insurance premium rates for new buildings and the 
contents in those buildings.

DATES: Comments are to be submitted on or before December 16, 2008.

ADDRESSES: The corresponding preliminary Flood Insurance Rate Map 
(FIRM) for the proposed BFEs for each community are available for 
inspection at the community's map repository. The respective addresses 
are listed in the table below.
    You may submit comments, identified by Docket No. FEMA-B-1006, to 
William R. Blanton, Jr., Chief, Engineering Management Branch, 
Mitigation Directorate, Federal Emergency Management Agency, 500 C 
Street SW., Washington, DC 20472, (202) 646-3151, or (e-mail) 
<a href="/cdn-cgi/l/email-protection#583a313434763a3439362c3736183c302b763f372e"><span class="__cf_email__" data-cfemail="0b696267672569676a657f64654b6f6378256c647d">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief, 
Engineering Management Branch, Mitigation Directorate, Federal 
Emergency Management Agency, 500 C Street SW., Washington, DC 20472, 
(202) 646-3151 or (e-mail) <a href="/cdn-cgi/l/email-protection#d9bbb0b5b5f7bbb5b8b7adb6b799bdb1aaf7beb6af"><span class="__cf_email__" data-cfemail="ed8f848181c38f818c83998283ad89859ec38a829b">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) proposes to make determinations of BFEs and modified BFEs for 
each community listed below, in accordance with section 110 of the 
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 
67.4(a).
    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.
    Comments on any aspect of the Flood Insurance Study and FIRM, other 
than the proposed BFEs, will be considered. A letter acknowledging 
receipt of any comments will not be sent.
    Administrative Procedure Act Statement. This matter is not a 
rulemaking governed by the Administrative Procedure Act (APA), 5 U.S.C. 
553. FEMA publishes flood elevation determinations for notice and 
comment; however, they are governed by the Flood Disaster Protection 
Act of 1973, 42 U.S.C. 4105, and the National Flood Insurance Act of 
1968, 42 U.S.C. 4001 et seq., and do not fall under the APA.
    National Environmental Policy Act. This proposed rule is 
categorically excluded from the requirements of 44 CFR part 10, 
Environmental Consideration. An environmental impact assessment has not 
been prepared.
    Regulatory Flexibility Act. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Executive Order 12866, Regulatory Planning and Review. This 
proposed rule is not a significant regulatory action under the criteria 
of section 3(f) of Executive Order 12866, as amended.
    Executive Order 13132, Federalism. This proposed rule involves no 
policies that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This proposed rule 
meets the applicable standards of Executive Order 12988.

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 53815]]



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                                                                     * Elevation in feet
                                                                     (NGVD) + Elevation
                                                                       in feet (NAVD)
         Flooding source(s)              Location of referenced      <greek-i> Depth in    Communities affected
                                              elevation **            feet above ground
                                                                   ----------------------
                                                                    Effective   Modified
----------------------------------------------------------------------------------------------------------------
                                   Athens County, Ohio, and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Hocking River.......................  Approximately 3,200 feet           None       +602  Village of Coolville.
                                       downstream of State Route
                                       144.
                                      Just downstream of State           None       +602
                                       Route 144.
Hocking River.......................  Approximately 16,000 feet          None       +625  Unincorporated Areas
                                       upstream of Highway 50.                             of Athens County.
                                      Approximately 100 feet             +631       +629
                                       upstream of S. Canaan Road.
                                      At Chessie System Railroad..       +650       +649
                                      Approximately 1,500 feet           +650       +649
                                       upstream of Chessie System
                                       Railroad.
Hocking River.......................  At confluence with Sunday          +660       +661  Village of Chauncey.
                                       Creek.
                                      Approximately 150 feet             +660       +661
                                       upstream of Conrail
                                       Railroad.
Margaret Creek......................  Approximately 500 feet             None       +649  Unincorporated Areas
                                       upstream of State Highway                           of Athens County,
                                       682.                                                City of Athens.
                                      Approximately 550 feet             None       +649
                                       downstream of State Highway
                                       56.
Sunday Creek........................  Approximately 240 feet             None       +679  Unincorporated Areas
                                       downstream of Railroad at                           of Athens County.
                                       Village of Trimble/Athens
                                       County Unincorporated Areas
                                       Boundary.
                                      Just upstream of Railroad at       None       +680
                                       Village of Trimble/Athens
                                       County Unincorporated Areas
                                       Boundary.
Sunday Creek........................  At State Highway 13.........       +660       +661  Village of Chauncey.
                                      Approximately 4,600 feet           +660       +661
                                       upstream of State Highway
                                       13.
Sunday Creek........................  Approximately 240 feet             None       +679  Village of
                                       downstream of Railroad at                           Jacksonville.
                                       Village of Trimble/Athens
                                       County Unincorporated Areas
                                       Boundary.
                                      Just upstream of Railroad at       None       +680
                                       Village of Trimble/Athens
                                       County Unincorporated Areas
                                       Boundary.
Sunday Creek........................  Just upstream of Railroad at       None       +680  Village of Trimble.
                                       Village of Trimble/Athens
                                       County Unincorporated Areas
                                       Boundary.
                                      Approximately 850 feet             None       +682
                                       Upstream of Center Street.
----------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.
+ North American Vertical Datum.
<greek-i> Depth in feet above ground.
 
** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream
 reach between the referenced locations above. Please refer to the revised Flood Insurance Rate Map located at
 the community map repository (see below) for exact locations of all BFEs to be changed.
Send comments to William R. Blanton, Jr., Chief, Engineering Management Branch, Mitigation Directorate, Federal
 Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
 
                                                    ADDRESSES
City of Athens
Maps are available for inspection at 28 Curran Drive, Athens, OH 45701.
 
                                      Unincorporated Areas of Athens County
 
Maps are available for inspection at 28 Curran Drive, Athens, OH 45701.
 
Village of Chauncey
Maps are available for inspection at 28 Curran Drive, Athens, OH 45701.
 
Village of Coolville
Maps are available for inspection at 28 Curran Drive, Athens, OH 45701.
 
Village of Jacksonville
Maps are available for inspection at 28 Curran Drive, Athens, OH 45701.
 
Village of Trimble
Maps are available for inspection at 15 Congress Street, Trimble, OH 45782.
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[[Page 53816]]

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood 
Insurance.'')

    Dated: September 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance 
Program, Department of Homeland Security, Federal Emergency Management 
Agency.
[FR Doc. E8-21688 Filed 9-16-08; 8:45 am]
BILLING CODE 9110-12-P


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