# [Amended]
**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 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).
**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.
**44 CFR Part 67**
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.
**44 CFR Part 67**
§ 67.11
2. The tables published under the authority of § 67.11 are amended as follows:
| Source of flooding and location | # Depth in feet above ground. |
| --- | --- |
| | |
| | |
| | |
| At the confluence with St. Marys River | * 790 |
| Approximately 1,750 feet upstream of Norfolk and Western Rail | * 790 |
| | |
| | |
| At the confluence with St. Marys River | * 793 |
| At U.S. Route 27 | * 836 |
| | |
| | |
| At South County Line Road | * 787 |
| At the upstream state boundary | * 794 |
| | |
| | |
| At confluence with Holthouse Ditch | * 786 |
| Just downstream of County Road 050 West | * 796 |
| | |
| | |
| At the confluence with St. Marys River | * 789 |
| Approximately 0.98 mile upstream of High Street | * 789 |
| | |
| | |
| At the confluence with St. Marys River | * 788 |
| Approximately 1,175 feet upstream of Piqua Road | * 788 |
| | |
| | |
| At the confluence with St. Marys River | * 786 |
| Approximately 1,400 feet downstream of Nottman Road | * 787 |
| | |
| | |
| at the Office of the Adams County Board of Commissioners, 313 West Jefferson, Room 251, Decatur, Indiana. | |
| | |
| at the Decatur City Hall, 225 West Monroe Street, Decatur, Indiana. | |
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| Approximately 0.7 mile upstream of Ridgeway Avenue | * 623 |
| Approximately 0.9 mile upstream of Ridgeway Avenue | * 630 |
| | |
| | |
| Approximately 0.4 mile downstream of Redbank Road | * 510 |
| Approximately 0.5 mile upstream of Railroad | * 549 |
| | |
| | |
| At the confluence with Mill Creek | * 584 |
| At the City of Sharonville corporate limits | * 587 |
| | |
| | |
| Approximately 0.9 mile downstream of Railroad | * 501 |
| Approximately 0.6 mile upstream of Railroad | * 593 |
| | |
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| Just Upstream of the Barrier Dam | * 480 |
| At the City of Sharonville corporate limits | * 586 |
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| Approximately 0.61 mile downstream of U.S. Route 22 | * 696 |
| Approximately 0.6 mile downstream of U.S. Route 22 | * 697 |
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| Approximately 0.8 mile downstream of East Kemper Road | * 586 |
| Approximately 1,390 feet upstream of East Kemper Road | * 690 |
| | |
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| At the confluence with Mill Creek | * 571 |
| Approximately 320 feet upstream of confluence with Mill Creek | * 571 |
| | |
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| Approximately 550 feet downstream of Railroad | * 729 |
| Approximately 250 feet downstream of Carmargo Road | * 742 |
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| Approximately 1.6 miles upstream of Riddle Road | * 614 |
| Approximately 0.9 mile upstream of Riddle Road | • 594 |
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| At the confluence with Little Miami River | • 591 |
| At the Hamilton County corporate limits | • 591 |
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| at the Hamilton County Department of Public Works, 138 East Court Street, Cincinnati, Ohio. | |
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| Maps available for inspection at the Cincinnati City Hall, 801 Plum Street, Cincinnati, Ohio. | |
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| at the Elmwood Place Village Hall, 6118 Vine Street, Elmwood Place, Ohio. | |
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| at the Evendale Village Hall, 10500 Reading Road, Evendale, Ohio. | |
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| at the Fairfax Village Hall, 5903 Hawthorne Street, Fairfax, Ohio. | |
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| at the Lockland Village Hall, 101 North Cooper Avenue, Lockland, Ohio. | |
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| at the Loveland Building and Zoning Department, 120 West Loveland Avenue, Loveland, Ohio. | |
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| at the Mariemont Village Hall, 6907 Wooster Pike, Mariemont, Ohio. | |
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| at the Reading City Hall, 1000 Market Street, Reading, Ohio. | |
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| at the Sharonville City Hall, 10900 Reading Road, Sharonville, Ohio. | |
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| at the St. Bernard City Hall, 110 Washington Avenue, St. Bernard, Ohio. | |
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| at the Woodlawn Village Hall, 10141 Woodlawn Boulevard, Woodlawn, Ohio. | |
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| at the Wyoming City Hall, 800 Oak Avenue, Wyoming, Ohio. | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance”)
Dated: December 18, 2003.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.