Proposed Flood Elevation Determinations

As Enacted ( Federal Register)

Cited authorities 6

Cited in

Federal Register: September 17, 2008 (Volume 73, Number 181)

Proposed Rules

Page 53814-53816

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

DOCID:fr17se08-45

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.

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) bill.blanton@dhs.gov.

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) bill.blanton@dhs.gov.

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

* Elevation in feet

(NGVD) + Elevation in feet (NAVD)

Flooding source(s)

Location of referenced

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.

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