E8-21688. 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, [phone], or (e-mail) [e-mail].

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, [phone] or (e-mail) [e-mail].

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.

§ 67.4

[Amended]

2. The tables published under the authority of § 67.4 are proposed to be amended as follows:

Flooding source(s)	Location of referenced elevation **	* Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground		Communities affected
		Effective	Modified
Athens County, Ohio, and Incorporated Areas
Hocking River	Approximately 3,200 feet downstream of State Route 144	None	+602	Village of Coolville.
	Just downstream of State Route 144	None	+602
Hocking River	Approximately 16,000 feet upstream of Highway 50	None	+625	Unincorporated Areas of Athens County.
	Approximately 100 feet upstream of S. Canaan Road	+631	+629
	At Chessie System Railroad	+650	+649
	Approximately 1,500 feet upstream of Chessie System Railroad	+650	+649
Hocking River	At confluence with Sunday Creek	+660	+661	Village of Chauncey.
	Approximately 150 feet upstream of Conrail Railroad	+660	+661
Margaret Creek	Approximately 500 feet upstream of State Highway 682	None	+649	Unincorporated Areas of Athens County, City of Athens.
	Approximately 550 feet downstream of State Highway 56	None	+649
Sunday Creek	Approximately 240 feet downstream of Railroad at Village of Trimble/Athens County Unincorporated Areas Boundary	None	+679	Unincorporated Areas of Athens County.
	Just upstream of Railroad at Village of Trimble/Athens County Unincorporated Areas Boundary	None	+680
Sunday Creek	At State Highway 13	+660	+661	Village of Chauncey.
	Approximately 4,600 feet upstream of State Highway 13	+660	+661
Sunday Creek	Approximately 240 feet downstream of Railroad at Village of Trimble/Athens County Unincorporated Areas Boundary	None	+679	Village of Jacksonville.
	Just upstream of Railroad at Village of Trimble/Athens County Unincorporated Areas Boundary	None	+680
Sunday Creek	Just upstream of Railroad at Village of Trimble/Athens County Unincorporated Areas Boundary	None	+680	Village of Trimble.
	Approximately 850 feet Upstream of Center Street	None	+682
* 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
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.

(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.