Proposed Flood Elevation Determinations, 40951-40953 [05-13928]

Download as PDF Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules rule would impose no enforceable duties on any of these governmental entities. Nothing in the rule would significantly or uniquely affect small governments. EPA has determined that this rule would contain no federal mandates that may result in expenditures of more than $100 million to the private sector in any single year. This rule would merely correct several typographical errors, modify the designate and track regulations to account for companies that perform more than one function, and provide increased incentive for early compliance with the ultra low-sulfur diesel fuel requirements. The requirements of UMRA therefore would not apply to this action. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of UMRA policy. E. Executive Order 13132: Federalism This rule would not have federalism implications. It would not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. This rule would merely correct several typographical errors, modify the designate and track regulations to account for companies that perform more than one function, and provide increased incentive for early compliance with the ultra lowsulfur diesel fuel requirements. Although Section 6 of Executive Order 13132 did not apply to the Highway Rule (66 FR 5002) or the Nonroad Rule (69 FR 38958), EPA did consult with representatives of various State and local governments in developing these rules. EPA has also consulted representatives from STAPPA/ALAPCO, which represents state and local air pollution officials. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of Executive Order 13132. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This rule would not have tribal implications. It would not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. This rule would not uniquely affect the VerDate jul<14>2003 16:12 Jul 14, 2005 Jkt 205001 communities of Indian Tribal Governments. Further, no circumstances specific to such communities exist that would cause an impact on these communities beyond those discussed in the other sections of this rule. This rule would merely correct several typographical errors, modify the designate and track regulations to account for companies that perform more than one function, and provide increased incentive for early compliance with the ultra low-sulfur diesel fuel requirements. Thus, Executive Order 13175 would not apply to this rule. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of Executive Order 13175. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This rule is not subject to the Executive Order because it would not be economically significant, and would not involve decisions on environmental health or safety risks that may disproportionately affect children. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of Executive Order 13045. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This rule would not be a ‘‘significant energy action’’ as defined in Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it would not likely to have a significant adverse effect on the supply, distribution or use of energy. This rule would merely correct several typographical errors, modify the designate and track regulations to account for companies that perform more than one function, and provide increased incentive for early compliance with the ultra low-sulfur diesel fuel requirements. I. National Technology Transfer and Advancement Act This rule would not involve technical standards. It would merely correct several typographical errors, modify the designate and track regulations to account for companies that perform more than one function, and provide increased incentive for early compliance with the ultra low-sulfur diesel fuel requirements. Thus, we have determined that the requirements of the PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 40951 NTTAA would not apply. See the direct final rule EPA has published in the ‘‘Rules and Regulations’’ section of today’s Federal Register for a more extensive discussion of NTTAA policy. IV. Statutory Provisions and Legal Requirements The statutory authority for this action comes from sections 211(c) and (i) of the Clean Air Act as amended 42 U.S.C. 7545(c) and (i). This action is a rulemaking subject to the provisions of Clean Air Act section 307(d). See 42 U.S.C. 7606(d)(1). Additional support for the procedural and enforcement related aspects of the rule comes from sections 144(a) and 301(a) of the Clean Air Act. 42 U.S.C. 7414(a) and 7601(a). List of Subjects in 40 CFR Part 80 Fuel additives, Gasoline, Imports, Labeling, Motor vehicle pollution, Penalties, Reporting and recordkeeping requirements. Dated: July 6, 2005. Stephen L. Johnson, Administrator. [FR Doc. 05–13782 Filed 7–14–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–P–7697] Proposed Flood Elevation Determinations Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Proposed rule. AGENCY: 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). The comment period is ninety (90) days following the second publication of this proposed rule in a DATES: E:\FR\FM\15JYP1.SGM 15JYP1 40952 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules 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 Source of flooding and location of referenced elevation 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 record keeping 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: ♦Elevation in feet (NAVD) Existing Heads Creek: Approximately 3,400 feet upstream of the confluence with the Big River. Approximately 150 feet upstream of Heads Creek Road. Saline Creek Tributary: Approximately 150 feet upstream of the confluence with Saline Creek. Approximately 100 feet upstream of Schumacher Road Unnamed Tributary to Sandy Creek: Approximately 1,200 feet upstream of the confluence with Sandy Creek. Approximately 70 feet upstream of State Highway Z .... Section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Communities affected Modified None ♦456 None ♦554 ♦490 ♦491 None ♦703 None ♦413 None ♦455 City of Byrnes Mill Jefferson County (Unincorporated Areas). Jefferson County (Unincorporated Areas). City of Pevely Jefferson County (Unincorporated Areas). ADDRESSES City of Byrnes Mill, Jefferson County, Missouri. Maps are available for inspection at City Hall, 127 Osage Executive Circle, Byrnes Mill, Missouri. Send comments to The Honorable Timothy Checkett, Mayor, City of Byrnes Mill, City Hall, 127 Osage Executive Circle, Byrnes Mill, Missouri 63051. Unincorporated Areas of Jefferson County, Missouri. Maps are available for inspection at the Annex Building, 725 Maple Street, Hillsboro, Missouri. Send comments to The Honorable Edward L. Kemp, First District Commissioner, Jefferson County Courthouse, 729 Maple Street, Hillsboro, Missouri 63050. City of Pevely, Jefferson County, Missouri. Maps are available for inspection at 301 Main Street, Pevely, Missouri. Send comments to The Honorable John Knobloch, Mayor, City of Pevely, 301 Main Street, Pevely, Missouri 63070. North Fork Big Nemaha River: VerDate jul<14>2003 16:12 Jul 14, 2005 Jkt 205001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\15JYP1.SGM 15JYP1 Federal Register / Vol. 70, No. 135 / Friday, July 15, 2005 / Proposed Rules ♦Elevation in feet (NAVD) Source of flooding and location of referenced elevation Existing Communities affected Modified Approximately 1.87 miles downstream of State Highway 50. Just downstream of the Burlington Northern Railroad (2nd Crossing). North Fork Big Nemaha River (Southwest Split Flow): At the confluence with North Fork Big Nemaha River .. None ♦1,097 None ♦1,123 None ♦1,114 Approximately 4,520 feet upstream of U.S. Highway 136. Town Branch: At confluence with North Fork Big Nemaha River. ........ None ♦1,123 ♦1,113 ♦1,111 None ♦1,144 Approximately 3,150 feet upstream of U.S. Highway 136.. 40953 City of Tecumseh Johnson County (Unincorporated Areas). City of Tecumseh Johnson County (Unincorporated Areas). City of Tecumseh Johnson County (Unincorporated Areas). ADDRESSES City of Tecumseh, Johnson County, Nebraska. Maps are available for inspection at City Hall, 122 South 4th Street, Tecumseh, Nebraska. Send comments to The Honorable Jim Reed, Mayor, City of Tecumseh, Route 3, Box 29. Tecumseh, Nebraska 68450. Unincorporated Areas of Johnson County, Nebraska. Maps are available for inspection at Johnson County Clerk’s Office, 351 Broadway Street, Tecumseh, Nebraska. Send comments to The Honorable Terry Keebler, Chairman, Board of Commissioners, 73222 607th Avenue, Sterling, Nebraska 68443. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: July 6, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–13928 Filed 7–14–05; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–P–7695] Proposed Flood Elevation Determinations Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Proposed rule. AGENCY: 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 VerDate jul<14>2003 16:12 Jul 14, 2005 Jkt 205001 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. 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 ADDRESSES: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 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 E:\FR\FM\15JYP1.SGM 15JYP1

Agencies

[Federal Register Volume 70, Number 135 (Friday, July 15, 2005)]
[Proposed Rules]
[Pages 40951-40953]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13928]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7697]


Proposed Flood Elevation Determinations

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

[[Page 40952]]

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 record keeping 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.


Sec.  67.4  [Amended]

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

------------------------------------------------------------------------
                               [sdiam]Elevation in
   Source of flooding and          feet (NAVD)
   location of referenced    ---------------------- Communities affected
          elevation            Existing   Modified
------------------------------------------------------------------------
Heads Creek:
    Approximately 3,400 feet       None  [sdiam]45  City of Byrnes Mill
     upstream of the                             6   Jefferson County
     confluence with the Big                         (Unincorporated
     River.                                          Areas).
    Approximately 150 feet         None  [sdiam]55
     upstream of Heads Creek                     4
     Road.
Saline Creek Tributary:
    Approximately 150 feet    [sdiam]49  [sdiam]49  Jefferson County
     upstream of the                  0          1   (Unincorporated
     confluence with Saline                          Areas).
     Creek.
    Approximately 100 feet         None  [sdiam]70
     upstream of Schumacher                      3
     Road.
Unnamed Tributary to Sandy
 Creek:
    Approximately 1,200 feet       None  [sdiam]41  City of Pevely
     upstream of the                             3   Jefferson County
     confluence with Sandy                           (Unincorporated
     Creek.                                          Areas).
    Approximately 70 feet          None  [sdiam]45
     upstream of State                           5
     Highway Z.
-----------------------------                       ....................
                                ADDRESSES
 
City of Byrnes Mill, Jefferson County, Missouri.
 
Maps are available for inspection at City Hall, 127 Osage Executive
 Circle, Byrnes Mill, Missouri.
Send comments to The Honorable Timothy Checkett, Mayor, City of Byrnes
 Mill, City Hall, 127 Osage Executive Circle, Byrnes Mill, Missouri
 63051.
 
Unincorporated Areas of Jefferson County, Missouri.
 
Maps are available for inspection at the Annex Building, 725 Maple
 Street, Hillsboro, Missouri.
Send comments to The Honorable Edward L. Kemp, First District
 Commissioner, Jefferson County Courthouse, 729 Maple Street, Hillsboro,
 Missouri 63050.
 
City of Pevely, Jefferson County, Missouri.
 
Maps are available for inspection at 301 Main Street, Pevely, Missouri.
Send comments to The Honorable John Knobloch, Mayor, City of Pevely, 301
 Main Street, Pevely, Missouri 63070.
------------------------------------------------------------------------
North Fork Big Nemaha River:

[[Page 40953]]

 
    Approximately 1.87 miles       None  [sdiam]1,  City of Tecumseh
     downstream of State                       097   Johnson County
     Highway 50.                                     (Unincorporated
                                                     Areas).
    Just downstream of the         None  [sdiam]1,
     Burlington Northern                       123
     Railroad (2nd Crossing).
North Fork Big Nemaha River
 (Southwest Split Flow):
    At the confluence with         None  [sdiam]1,  City of Tecumseh
     North Fork Big Nemaha                     114   Johnson County
     River.                                          (Unincorporated
                                                     Areas).
    Approximately 4,520 feet       None  [sdiam]1,
     upstream of U.S.                          123
     Highway 136.
Town Branch:
    At confluence with North  [sdiam]1,  [sdiam]1,  City of Tecumseh
     Fork Big Nemaha River..        113        111   Johnson County
                                                     (Unincorporated
                                                     Areas).
    Approximately 3,150 feet       None  [sdiam]1,
     upstream of U.S.                          144
     Highway 136..
-----------------------------
                                ADDRESSES
City of Tecumseh, Johnson County, Nebraska.
 
Maps are available for inspection at City Hall, 122 South 4th Street,
 Tecumseh, Nebraska.
Send comments to The Honorable Jim Reed, Mayor, City of Tecumseh, Route
 3, Box 29. Tecumseh, Nebraska 68450.
 
Unincorporated Areas of Johnson County, Nebraska.
 
Maps are available for inspection at Johnson County Clerk's Office, 351
 Broadway Street, Tecumseh, Nebraska.
Send comments to The Honorable Terry Keebler, Chairman, Board of
 Commissioners, 73222 607th Avenue, Sterling, Nebraska 68443.
------------------------------------------------------------------------


(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')


    Dated: July 6, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-13928 Filed 7-14-05; 8:45 am]
BILLING CODE 9110-12-P
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