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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

CFR Citation: 44 CFR Part 67

NOTICE: RULES

ACTION: Flood elevation determinations:

DOCUMENT ACTION: Final rule.

SUBJECT CATEGORY: Final Flood Elevation Determinations

DOCUMENT SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs 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).

SUMMARY: Indiana and Ohio,

SUPPLEMENTAL 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.
Accordingly, 44 CFR part 67 is 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. 67.11 [Amended]
2. The tables published under the authority of Sec. 67.11 are amended as follows:
Depth in feet above ground. *Elevation Source of flooding and location in feet (NGVD) [sbull] Elevation in feet (NAVD) INDIANA
Adams County
Yellow Creek:
At the confluence with St. Marys River.................... * 790 Approximately 1,750 feet upstream of Norfolk and Western * 790 Rail..................................................... Adams County (Unincorporated Areas)
Blue Creek:
At the confluence with St. Marys River.................... * 793 At U.S. Route 27.......................................... * 836 Adams County (Unincorporated Areas)
St. Marys River
At South County Line Road................................. * 787 At the upstream state boundary............................ * 794

Adams County (Unincorporated Areas), City of Decatur Kohne Drain No. 1:
At confluence with Holthouse Ditch........................ * 786 Just downstream of County Road 050 West................... * 796

City of Decatur, Adams County (Unincorporated Areas) Borum Run:
At the confluence with St. Marys River.................... * 789 Approximately 0.98 mile upstream of High Street........... * 789

City of Decatur, Adams County (Unincorporated Areas) Koos Ditch
At the confluence with St. Marys River.................... * 788 Approximately 1,175 feet upstream of Piqua Road........... * 788

City of Decatur, Adams County (Unincorporated Areas) Holthouse Ditch:
At the confluence with St. Marys River.................... * 786 Approximately 1,400 feet downstream of Nottman Road....... * 787

City of Decatur, Adams County (Unincorporated Areas) Adams County (Unincorporated Areas)
[[Page 522]]
Maps available for inspection at the Office of the Adams
County Board of Commissioners, 313 West Jefferson, Room
251, Decatur, Indiana.
City of Decatur
Maps available for inspection at the Decatur City Hall, 225 West Monroe Street, Decatur, Indiana.
OHIO
Hamilton County (Unincorporated Areas) (FEMA Docket No. D
7562)
Congress Run:
Approximately 0.7 mile upstream of Ridgeway Avenue........ * 623 Approximately 0.9 mile upstream of Ridgeway Avenue........ * 630 City of Wyoming
Duck Creek:
Approximately 0.4 mile downstream of Redbank Road......... * 510 Approximately 0.5 mile upstream of Railroad............... * 549 Hamilton County (Unincorporated Areas), Village of Fairfax East Fork Mill Creek:
At the confluence with Mill Creek......................... * 584 At the City of Sharonville corporate limits............... * 587 City of Sharonville
Little Miami River:
Approximately 0.9 mile downstream of Railroad............. * 501 Approximately 0.6 mile upstream of Railroad............... * 593 Village of Mariemont, City of Loveland
Mill Creek:
Just Upstream of the Barrier Dam.......................... * 480 At the City of Sharonville corporate limits............... * 586 Cities of Cincinnati, Reading, Sharonville, and St. Bernard, Villages of Elmwood Place, Evendale, and Lockland
North Branch Sycamore Creek:
Approximately 0.61 mile downstream of U.S. Route 22....... * 696 Approximately 0.6 mile downstream of U.S. Route 22........ * 697 Village of Indian Hill
Polk Run/Lake Chetak Creek:
Approximately 0.8 mile downstream of East Kemper Road..... * 586 Approximately 1,390 feet upstream of East Kemper Road..... * 690 Hamilton County (Unincorporated Areas)
Sharon Creek:
At the confluence with Mill Creek......................... * 571 Approximately 320 feet upstream of confluence with Mill * 571 Creek.................................................... City of Evendale
Sycamore Creek:
Approximately 550 feet downstream of Railroad............. * 729 Approximately 250 feet downstream of Carmargo Road........ * 742 Village of Indian Hill
West Fork Mill Creek:
Approximately 1.6 miles upstream of Riddle Road........... * 614 Approximately 0.9 mile upstream of Riddle Road............ [sbull] 594 Village of Woodlawn
O'Bannon Creek:
At the confluence with Little Miami River................. [sbull] 591 At the Hamilton County corporate limits................... [sbull] 591 Hamilton County (Unincorporated Areas)
Maps available for inspection at the Hamilton County
Department of Public Works, 138 East Court Street,
Cincinnati, Ohio.
City of Cincinnati
Maps available for inspection at the Cincinnati City Hall,
801 Plum Street, Cincinnati, Ohio.
Village of Elmwood Place
Maps available for inspection at the Elmwood Place Village
Hall, 6118 Vine Street, Elmwood Place, Ohio.
Village of Evendale
Maps available for inspection at the Evendale Village Hall, 10500 Reading Road, Evendale, Ohio.
Village of Fairfax
Maps available for inspection at the Fairfax Village Hall,
5903 Hawthorne Street, Fairfax, Ohio.
Village of Lockland
Maps available for inspection at the Lockland Village Hall, 101 North Cooper Avenue, Lockland, Ohio.
City of Loveland
Maps available for inspection at the Loveland Building and
Zoning Department, 120 West Loveland Avenue, Loveland,
Ohio.
Village of Mariemont
Maps available for inspection at the Mariemont Village Hall, 6907 Wooster Pike, Mariemont, Ohio.
City of Reading
Maps available for inspection at the Reading City Hall, 1000 Market Street, Reading, Ohio.
City of Sharonville
Maps available for inspection at the Sharonville City Hall, 10900 Reading Road, Sharonville, Ohio.
City of St. Bernard
Maps available for inspection at the St. Bernard City Hall, 110 Washington Avenue, St. Bernard, Ohio.
Village of Woodlawn
Maps available for inspection at the Woodlawn Village Hall, 10141 Woodlawn Boulevard, Woodlawn, Ohio.
Village of Wyoming
Maps available for inspection at the Wyoming City Hall, 800 Oak Avenue, Wyoming, Ohio.

Dated: December 18, 2003.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood Insurance'')
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.
[FR Doc. 04158 Filed 1504; 8:45 am]
BILLING CODE 911012M

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.

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