# [Amended]
**AGENCY:**
Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security.
**ACTION:**
Proposed rule.
**SUMMARY:**
Technical information or comments are requested on the proposed Base (1% annual-chance) Flood Elevations (BFEs) and proposed BFE modifications for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that the 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).
**DATES:**
The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community.
**ADDRESSES:**
The proposed 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, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2903.
**SUPPLEMENTARY INFORMATION:**
The Federal Emergency Management Agency 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.
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.
*National Environmental Policy Act.* This proposed 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 modified base flood elevations are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to maintain community eligibility in the NFIP. No regulatory flexibility analysis has been prepared.
*Regulatory Classification.* This proposed 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 proposed rule involves no policies that have federalism implications under Executive Order 12612, Federalism, dated October 26, 1987.
*Executive Order 12778, Civil Justice Reform.* This proposed 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 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
2. The tables published under the authority of § 67.4 are proposed to be amended as follows:
| Source of flooding and location of referenced elevation | *Elevation in feet (NGVD) | Existing | Modified | Communities affected |
| --- | --- | --- | --- | --- |
| | | | | |
| Approximately 6,650 feet downstream of U.S. Highway 81 | None | *1,440 | Thayer County, NE (Unincorporated Areas). | |
| Approximately 14,320 feet upstream of South First Street | None | *1,459 | | |
| | | | | |
| | | | | |
| Maps are available for inspection at the Thayer County Courthouse, 225 North Fourth Street, Hebron, Nebraska. | | | | |
| Send comments to Mr. Chris Frye, Zoning Administrator, P.O. Box 401, Hebron, Nebraska 68370. | | | | |
| | | | | |
| Maps are available for inspection at City Hall, City of Hebron, 216 Lincoln Avenue, Hebron, Nebraska. | | | | |
| Send comments to Mr. David Farnstrom, Zoning Administrator, 216 Lincoln Avenue, Hebron, Nebraska 68370. | | | | |
| | | | | |
| Mouth at Great Miami River | N/A | *704 | Village of New Lebanon, OH. | |
| At the confluence of Diehl Run (approximately 5,600 feet upstream of U.S. Highway 35) | N/A | *881 | City of Miamisburg, OH. | |
| | | | | |
| Confluence at Bear Creek | N/A | *881 | Village of New | |
| Approximately 35 feet downstream of North Johnsonville Road | N/A | *960 | Montgomery County, OH. | |
| | | | | |
| Just upstream of Free Pike | N/A | *804 | City of Clayton, OH. | |
| Approximately 710 feet upstream of Union Road | N/A | *943 | City of Trotwood, OH. | |
| | | | | |
| Mouth at Bear Creek | N/A | *856 | Montgomery County, OH. | |
| Approximately 6,200 feet upstream of Old Dayton Road | N/A | *934 | | |
| | | | | |
| Just upstream of CSX Railroad | *725 | *722 | City of Centerville, OH. | |
| Approximately 200 feet upstream of Silverlake Drive | N/A | *914 | City of W. Carrolton, OH. | |
| | | | | |
| Confluence at Bear Creek | N/A | *775 | Montgomery County, OH. | |
| Approximately 2,870 feet upstream of Old Dayton Road | N/A | *935 | | |
| | | | | |
| Just upstream of Oakes Road | N/A | *860 | City of Clayton, OH. | |
| Just downstream of Interstate 70/U.S. Highway 49 | N/A | *944 | Montgomery County, OH. | |
| | | | | |
| Approximately 250 feet downstream of East Stonequarry Road | *864 | *865 | City of Vandalia, OH. | |
| Approximately 580 feet upstream of East Stonequarry Road | *874 | *875 | | |
| | | | | |
| Confluence at Little Bear Creek | N/A | *819 | Montgomery County, OH. | |
| Approximately 2,000 feet upstream of North Snyder Road | N/A | *916 | | |
| | | | | |
| | | | | |
| Maps are available for inspection at the Municipal Government Center, 100 West Spring Valley Road, Centerville, Ohio. | | | | |
| Send comments to Mr. Mike Murray, Assistant City Engineer, City of Centerville, 100 West Spring Valley Road, Centerville, Ohio 45458. | | | | |
| | | | | |
| Maps are available for inspection at the City Administration Building, 6996 Taywood Road, Englewood, Ohio. | | | | |
| Send comments to Mr. Brian Elkins, Zoning Director, City of Clayton, P.O. Box 280, Clayton, Ohio 45315-0280. | | | | |
| | | | | |
| Maps are available for inspection at the Planning and Community Development Office, 101 West Third Street, Dayton, Ohio. | | | | |
| Send comments to Mr. Michael Cromartie, Building Inspection Manager, City of Dayton, 271 West Second Street, Dayton, Ohio 45402. | | | | |
| | | | | |
| Maps are available for inspection at City Annex Building, 10 North First Street, Miamisburg, Ohio. | | | | |
| Send comments to Mr. John Creech, City Planner, 10 North First Street, Miamisburg, Ohio 45342. | | | | |
| | | | | |
| Maps are available for inspection at the Community Development Department, Municipal Building, 4200 Dryden Road, Moraine, Ohio. | | | | |
| Send comments to Mr. Scott Young, Building and Zoning Administrator, City of Moraine, Municipal Building, 4200 Dryden Road, Moraine, Ohio 45439. | | | | |
| | | | | |
| Maps are available for inspection at the Municipality of New Lebanon Village Offices, 198 South Clayton Road, New Lebanon, Ohio. | | | | |
| Send comments to Mr. Allen Moe, Village Engineer, 3939 Vanco Lane, Vandalia, Ohio 45377. | | | | |
| | | | | |
| Maps are available for inspection at the Department of Public Works, Trotwood Government Center, 4 Strader Drive, Trotwood, Ohio. | | | | |
| Send comments to Mr. Thomas Odenigbo, Public Works Director, Department of Public Works, Trotwood Government Center, 4 Strader Drive, Trotwood, Ohio 45426-2600. | | | | |
| | | | | |
| Maps are available for inspection at the City of Vandalia City Building, 333 James E. Bohanan Memorial Drive, Vandalia, Ohio 45377. | | | | |
| Send comments to Mr. Robert G. Galvin, P.E., Deputy City Engineer, City of Vandalia, City Engineer's Office, 333 James E. Bohanan Memorial Drive, Vandalia, Ohio 45449. | | | | |
| | | | | |
| Maps are available for inspection at the City of West Carrollton Civic Center, 300 East Central Avenue, West Carrollton, Ohio. | | | | |
| Send comments to Mr. David Humphreys, Director of Planning and Economic Development, City of West Carrollton Civic Center, 300 East Central Avenue, West Carrollton, Ohio 45449. | | | | |
| | | | | |
| Maps are available for inspection at Montgomery County Administration Building, 451 West Third Street, Room 800, Dayton, Ohio. | | | | |
| Send comments to Mr. Joseph Litvin, Montgomery County Engineer, Montgomery County Administration Building, 451 West Third Street, Room 800, Dayton, Ohio 45422. | | | | |
(Catalog of Federal Domestic Assistance No. 83.100, “Flood Insurance.”)
Dated: February 11, 2004.
Anthony S. Lowe,
Mitigation Division Director, Emergency Preparedness and Response Directorate.