Flood elevation determinations: Massachusetts and Ohio,

[Federal Register: November 25, 2003 (Volume 68, Number 227)]

[Rules and Regulations]

[Page 66023-66024]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25no03-8]

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.

SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The base flood elevations 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. Source of flooding and location

*Elevation in feet (NGVD) [sbull]Elevation in feet (NAVD)

MASSACHUSETTS

Chelmsford (Town), Middlesex County (FEMA Docket No. D- 7548)

River Meadow Brook: Downstream corporate limit..........................

*105 Approximately 20 feet upstream of Mill Road.........

*117 Putnam Brook: At confluence with River Meadow Brook...............

*112 Approximately 560 feet above confluence with River

*112 Meadow Brook.......................................

Maps available for inspection at the Chelmsford Town Office, 50 Billerica Road, Chelmsford, Massachusetts.

OHIO

Bloomingburg (Village), Fayette County (FEMA Docket No. D-7580)

East Fork Paint Creek: Upstream side of Midland Avenue (State Route 38).... [sbull]973 Approximately 0.5 mile upstream of State Route 38... [sbull]974

Maps available for inspection at the Bloomingburg Village Hall, 62 Main Street, Bloomingburg, Ohio.

Fayette County (Unincorporated Areas) (FEMA Docket No. D-7528)

East Fork Paint Creek: Approximately 300 feet upstream of confluence with [sbull]954 Paint Creek........................................ Approximately 0.90 mile upstream of Greene Road..... [sbull]1,026 Rattlesnake Creek: At Milledgeville-Octa Road.......................... [sbull]1,038 Approximately 130 feet upstream of State Route 734.. [sbull]1,058 Sugar Creek: Approximately 150 feet downstream of Parrott Station [sbull]1,026 Road...............................................

[[Page 66024]]

Approximately 1,500 feet upstream of Main Street.... [sbull]1,047

Maps available for inspection at the Fayette County Building Department, 121 E. East Street, Washington Court House, Ohio.

Octa (Village), Fayette County (FEMA Docket No. D- 7528)

Rattlesnake Creek: At the downstream side of Allen Road................ [sbull]1,041 Approximately 175 feet upstream of Allen Road....... [sbull]1,041

Maps available for inspection at the Village of Octa Council House, Allen Street, Milledgeville, Ohio.

Washington Court House (City), Fayette County (FEMA Docket No. D-7528)

East Fork Paint Creek: Approximately 1,375 feet downstream of Washington

[sbull]954 Avenue............................................. Approximately 1.2 miles upstream of Washington

[sbull]959 Avenue.............................................

Maps available for inspection at the Washington Court House City Hall, 105 North Main Street, Washington Court House, Ohio.

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

Dated: November 18, 2003. Anthony S. Lowe, Mitigation Division Director, Emergency Preparedness and Response Directorate.

[FR Doc. 03-29356 Filed 11-24-03; 8:45 am]

BILLING CODE 9110-13-P