Guidance for Implementing the Federal Flood Risk Management Standard, 56558-56559 [2016-19809]

Download as PDF 56558 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules for SSM periods or affirmative defense provisions. Lhorne on DSK30JT082PROD with PROPOSALS III. Proposed Action EPA is proposing to approve, and incorporate into the New Hampshire SIP, four regulations and part of one regulation, except for affirmative defense provisions in two of the regulations which NH DES has withdrawn. The four regulations include one regulation submitted by the State of New Hampshire on March 31, 2011, Sand and Gravel Sources; NonMetallic Mineral Processing Plants; Cement and Concrete Sources (Env-A 2800), effective October 1, 2010; and three regulations submitted on July 23, 2013, Particulate Matter and Visible Emissions Standards (Env-A 2100), effective April 23, 2013; Ferrous and Non-Ferrous Foundries, Smelters, and Investment Casting Operations (Env-A 2400), effective April 23, 2013; and Hot Mix Asphalt Plants (Env-A 2700), effective February 16, 2013. As noted earlier, the affirmative defense provisions, which NH DES has withdrawn from its SIP submittals, are not included in this proposed approval action and are contained in state law only in Env-A 2103.03 and 2405. EPA is also proposing to approve Env-A 807 (‘‘Testing for Opacity of Emissions’’), effective October 31, 2002. EPA is soliciting public comments on the issues discussed in this proposal or on other relevant matters. These comments will be considered before EPA takes final action. Interested parties may participate in the Federal rulemaking procedure by submitting comments to this proposed rule by following the instructions listed in the ADDRESSES section of this Federal Register. IV. Incorporation by Reference In this rule, the EPA is proposing to include in a final EPA rule regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by reference the New Hampshire Code of Administrative Rules stated in section III above. The EPA has made, and will continue to make, these documents generally available electronically through https://www.regulations.gov and/or in hard copy at the appropriate EPA office. V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to approve a SIP submission that complies with the provisions of the Act and applicable VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104–4); • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 9, 2016. H. Curtis Spalding, Regional Administrator, EPA New England. [FR Doc. 2016–19869 Filed 8–19–16; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 9 [Docket ID FEMA–2015–0006] Guidance for Implementing the Federal Flood Risk Management Standard Federal Emergency Management Agency, DHS. ACTION: Notice of availability; request for comments. AGENCY: The Federal Emergency Management Agency (FEMA) is accepting comments on the proposed guidance for implementing the Federal Flood Risk Management Standard (FFRMS). SUMMARY: Comments must be received by October 21, 2016. ADDRESSES: Comments must be identified by Docket ID: FEMA–2015– 0006 and may be submitted by one of the following methods: Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Mail: Regulatory Affairs Division, Office of the Chief Counsel, Federal Emergency Management Agency, Room 8NE–1604, 500 C Street SW., Washington, DC 20472–3100. The proposed guidance may be found at https://www.regulations.gov, using Docket ID FEMA–2015–0006. Members of the public without internet access may request a copy of the policy from using the information in the FOR FURTHER INFORMATION CONTACT section of this notice. FOR FURTHER INFORMATION CONTACT: Kristin Fontenot, Director, Office of Environmental Planning and Historic Preservation, Federal Insurance and Mitigation Administration, DHS/FEMA, 400 C Street SW., Suite 313, DATES: E:\FR\FM\22AUP1.SGM 22AUP1 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Proposed Rules Washington, DC 20472–3020, 202–646– 2741. FEMA is separately publishing in this issue of the Federal Register a notice of proposed rulemaking that proposes revisions to 44 CFR part 9, Floodplain Management and Protection of Wetlands. As proposed, the notice of proposed rulemaking would revise 44 CFR part 9 to implement the Federal Flood Risk Management Standard (FFRMS). FEMA is proposing to issue a policy supplementary to the proposed changes to 44 CFR part 9, to provide further guidance on how FEMA intends to implement the FFRMS. If finalized as proposed, the policy would provide specific guidelines to implement the FFRMS for FEMA Federally Funded Projects, which are actions involving the use of FEMA funds for new construction, substantial improvement, or to address substantial damage to a structure or facility. The policy would select the use of the FFRMS-Freeboard Value Approach to establish the elevation and FFRMS floodplain for FEMA Federally Funded Projects that are non-critical actions. For FEMA Federally Funded Projects that are critical actions, the policy would select the use of the FFRMS-Freeboard Value Approach to establish the minimum FFRMS elevation and floodplain for critical actions. The policy would allow optional use of the FFRMS-Climate-Informed Science Approach to establish the elevation and FFRMS floodplain for critical actions, but only if the elevation established under the FFRMS-Climate-Informed Science Approach is higher than the elevation established under the FFRMSFreeboard Value Approach. The policy would also encourage early coordination when multiple Federal agencies are jointly engaged in an action to ensure a consistent approach to determine which floodplain determination is applied. SUPPLEMENTARY INFORMATION: Lhorne on DSK30JT082PROD with PROPOSALS Authority: Executive Order 11988, Floodplain Management, as amended and implementing regulations at 44 CFR part 9. Dated: August 15, 2016. W. Craig Fugate, Administrator, Federal Emergency Management Agency. [FR Doc. 2016–19809 Filed 8–19–16; 8:45 am] BILLING CODE 9111–66–P VerDate Sep<11>2014 15:13 Aug 19, 2016 Jkt 238001 FEDERAL MARITIME COMMISSION 46 CFR Parts 530 and 531 [Docket No. 16–05] RIN 3072–AC53 Amendments to Regulations Governing Service Contracts and NVOCC Service Arrangements Federal Maritime Commission. Notice of Proposed Rulemaking. AGENCY: ACTION: 56559 demonstrates that the information is a trade secret or other confidential research, development, or commercial information. • A confidential copy of your comments, consisting of the complete filing with a cover page marked ‘‘Confidential-Restricted,’’ and the confidential material clearly marked on each page. You should submit the confidential copy to the Commission by mail. • A public version of your comments with the confidential information excluded. The public version must state ‘‘Public Version—confidential materials excluded’’ on the cover page and on each affected page, and must clearly indicate any information withheld. You may submit the public version to the Commission by email or mail. FOR FURTHER INFORMATION CONTACT: For questions regarding submitting comments or the treatment of confidential information, contact Karen V. Gregory, Secretary. Phone: (202) 523– 5725. Email: secretary@fmc.gov. For technical questions, contact Florence A. Carr, Director, Bureau of Trade Analysis. Phone: (202) 523–5796. Email: tradeanalysis@fmc.gov. For legal questions, contact Tyler J. Wood, General Counsel. Phone: (202) 523– 5740. Email: generalcounsel@fmc.gov. SUPPLEMENTARY INFORMATION: The Federal Maritime Commission (FMC or Commission) proposes to amend its rules governing Service Contracts and NVOCC Service Arrangements. The proposed rule is intended to update, modernize, and reduce the regulatory burden. DATES: Submit comments on or before September 23, 2016. In compliance with the Paperwork Reduction Act, the Commission is also seeking comment on revisions to an information collection. See the Paperwork Reduction Act section under Regulatory Analyses and Notices below. Please submit all comments relating to the revised information collection to the Commission and to the Office of Management and Budget (OMB) at the address listed in the ADDRESSES section on or before October 24, 2016. Comments to OMB are most useful if submitted within 30 days of publication. I. Background You may submit comments by the following methods: • Email: secretary@fmc.gov. Include in the subject line: ‘‘Docket 16–05, [Commentor/Company name].’’ Comments should be attached to the email as a Microsoft Word or textsearchable PDF document. Only nonconfidential and public versions of confidential comments should be submitted by email. • Mail: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573–0001. Docket: For access to the docket to read background documents or comments received, go to the Commission’s Electronic Reading Room at: https://www.fmc.gov/16–05. Confidential Information: The Commission will provide confidential treatment for identified confidential information to the extent allowed by law. If your comments contain confidential information, you must submit the following: • A transmittal letter requesting confidential treatment that identifies the specific information in the comments for which protection is sought and In 1984, Congress passed the Shipping Act of 1984 (the Shipping Act or the Act). 46 U.S.C. 40101 et seq., which introduced the concept of carriage under service contracts with the Federal Maritime Commission (Commission or FMC). The pricing of liner services via negotiated contracts, rather than exclusively by public tariffs, was a change that had profound effects on the liner industry. FMC regulations require all ocean freight rates, surcharges, and accessorial charges in liner trades to be published in ocean common carrier tariffs or agreed to in service contracts filed with the Commission. Contemporaneous with the filing of service contracts, carriers are also required to make available to the public a concise statement of essential terms in tariff format. In 1998, Congress passed the Ocean Shipping Reform Act (OSRA), amending the Shipping Act of 1984 relating to service contracts. To facilitate compliance and minimize the filing burdens on the oceanborne commerce of the United States, service contracts and amendments effective after April 30, 1999, are required by FMC regulations to be filed with the Commission in SUMMARY: ADDRESSES: PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 E:\FR\FM\22AUP1.SGM 22AUP1

Agencies

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Proposed Rules]
[Pages 56558-56559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19809]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 9

[Docket ID FEMA-2015-0006]


Guidance for Implementing the Federal Flood Risk Management 
Standard

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of availability; request for comments.

-----------------------------------------------------------------------

SUMMARY: The Federal Emergency Management Agency (FEMA) is accepting 
comments on the proposed guidance for implementing the Federal Flood 
Risk Management Standard (FFRMS).

DATES: Comments must be received by October 21, 2016.

ADDRESSES: Comments must be identified by Docket ID: FEMA-2015-0006 and 
may be submitted by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Mail: Regulatory Affairs Division, Office of the Chief Counsel, 
Federal Emergency Management Agency, Room 8NE-1604, 500 C Street SW., 
Washington, DC 20472-3100.
    The proposed guidance may be found at https://www.regulations.gov, 
using Docket ID FEMA-2015-0006. Members of the public without internet 
access may request a copy of the policy from using the information in 
the FOR FURTHER INFORMATION CONTACT section of this notice.

FOR FURTHER INFORMATION CONTACT: Kristin Fontenot, Director, Office of 
Environmental Planning and Historic Preservation, Federal Insurance and 
Mitigation Administration, DHS/FEMA, 400 C Street SW., Suite 313,

[[Page 56559]]

Washington, DC 20472-3020, 202-646-2741.

SUPPLEMENTARY INFORMATION: FEMA is separately publishing in this issue 
of the Federal Register a notice of proposed rulemaking that proposes 
revisions to 44 CFR part 9, Floodplain Management and Protection of 
Wetlands. As proposed, the notice of proposed rulemaking would revise 
44 CFR part 9 to implement the Federal Flood Risk Management Standard 
(FFRMS). FEMA is proposing to issue a policy supplementary to the 
proposed changes to 44 CFR part 9, to provide further guidance on how 
FEMA intends to implement the FFRMS.
    If finalized as proposed, the policy would provide specific 
guidelines to implement the FFRMS for FEMA Federally Funded Projects, 
which are actions involving the use of FEMA funds for new construction, 
substantial improvement, or to address substantial damage to a 
structure or facility. The policy would select the use of the FFRMS-
Freeboard Value Approach to establish the elevation and FFRMS 
floodplain for FEMA Federally Funded Projects that are non-critical 
actions. For FEMA Federally Funded Projects that are critical actions, 
the policy would select the use of the FFRMS-Freeboard Value Approach 
to establish the minimum FFRMS elevation and floodplain for critical 
actions. The policy would allow optional use of the FFRMS-Climate-
Informed Science Approach to establish the elevation and FFRMS 
floodplain for critical actions, but only if the elevation established 
under the FFRMS-Climate-Informed Science Approach is higher than the 
elevation established under the FFRMS-Freeboard Value Approach. The 
policy would also encourage early coordination when multiple Federal 
agencies are jointly engaged in an action to ensure a consistent 
approach to determine which floodplain determination is applied.

    Authority: Executive Order 11988, Floodplain Management, as 
amended and implementing regulations at 44 CFR part 9.

    Dated: August 15, 2016.
W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2016-19809 Filed 8-19-16; 8:45 am]
 BILLING CODE 9111-66-P

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