[Federal Register: August 6, 2004 (Volume 69, Number 151)]
[Proposed Rules]
[Page 47830-47831]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au04-25]
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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)
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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]
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