Changes in Flood Elevation Determinations, 43055-43056 [05-14660]
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Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations
EPA determined that construction of the
remedy as embodied in the RD had been
completed.
On December 12, 2002, a RA Report
was completed, demonstrating
successful completion of construction
activities. The site is listed on the state
of Iowa’s Registry of Hazardous Waste
or Hazardous Substance Disposal Sites,
which prevent changes in land
ownership or use without state
approval. Institutional controls have
also been applied to the site through
language in the CD and on the deed
requiring that the property only be used
for purposes compatible with the RD
and O&M specifications. The
institutional controls cover all
contaminated media that cannot support
unlimited use and unrestricted
exposure.
Cleanup Standards
Cleanup standards were developed in
the ROD to prevent exposure to wastes
and contaminated soils on the surface of
the site. The chosen remedy was
capping, to prevent this exposure. The
cleanup goals were achieved in the site
remediation work. All facets of the ROD
and ESD have been met as well. Because
wastes remain at the site in a capped
landfill, some residual risks remain at
the site that require continued O&M
activities, institutional controls, and
five-year reviews. There is no significant
threat to public health or the
environment from the site, however,
and additional remedial measures are
not appropriate.
Operations and Maintenance
The O&M parties are currently
conducting O&M activities pursuant to
the Monitoring, Operation, and
Maintenance Plan that was approved by
EPA on September 29, 1999. The O&M
of the landfill cap, drainage structures,
riverbank slope, and fences is required
along with regular groundwater and
surface water monitoring and will
continue after site deletion, since waste
was left in place as part of the final
source control remedy. The final plan,
dated February 2000, lists the activities
to be performed, including annual
inspections to ensure erosion control,
drainage structure maintenance,
mowing, monitoring, and fence
maintenance. Institutional controls will
also be maintained. No major problems
have been encountered. Results from the
groundwater and surface water
monitoring have not indicated any
concerns with contamination, and the
continuing monitoring is not needed to
determine any future response
measures.
VerDate jul<14>2003
23:50 Jul 25, 2005
Jkt 205001
Five-Year Review
A statutory five-year review report
was completed on September 10, 2002,
pursuant to CERCLA 121(c) and to
§ 300.430(f)(4)(ii) of the NCP. The report
concluded that the remedy is protective
of human health and the environment,
and that all threats at the site have been
addressed. Another five-year review
report is scheduled for 2007.
Community Involvement
V. Deletion Action
The EPA, with concurrence of the
state of Iowa, has determined that all
appropriate responses under CERCLA
have been completed, and that no
further response actions, under
CERCLA, are necessary. The state
concurrence letter dated May 11, 2005,
states that IDNR concurs with the
proposed removal of the site from the
NPL. Therefore, EPA is deleting the site
from the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective September 26,
2005 unless EPA receives adverse
comments by August 25, 2005. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final notice of deletion before the
effective date of the deletion and it will
not take effect and, EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
Frm 00039
Fmt 4700
Sfmt 4700
requirements, Superfund, Water
pollution control, Water supply.
Dated: July 5, 2005.
James B. Gulliford,
Regional Administrator, Region VII.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
I
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Public participation activities have
been satisfied as required in CERCLA
section 113(k), 42 U.S.C. 9613(k), and
CERCLA section 117, 42 U.S.C. 9617. A
mailing list was developed, fact sheets
mailed out, and a public notice placed
in a newspaper in August 1992 to
support the Proposed Plan. A public
meeting was held on August 20, 1992.
In addition, a public notice for the fiveyear review was placed in May 2002.
Documents in the Deletion Docket
which EPA relied on for
recommendation of the deletion from
the NPL are available to the public in
the information repositories. A public
notice for this action will also be
published in the Red Oak Express.
PO 00000
43055
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
Appendix B—[Amended]
2. Table 1 of Appendix B to part 300
is amended under Iowa by removing the
site name ‘‘Red Oak City Landfill’’ and
the city ‘‘Red Oak.’’
I
[FR Doc. 05–14608 Filed 7–25–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–D–7575]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency (FEMA),
Emergency Preparedness and Response
Directorate, Department of Homeland
Security.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table and revise the Flood Insurance
Rate Map(s) (FIRMs) in effect prior to
this determination for each listed
community.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Director reconsider the changes. The
modified elevations may be changed
during the 90-day period.
E:\FR\FM\26JYR1.SGM
26JYR1
43056
Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations
The modified 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: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based upon knowledge of changed
conditions, or upon new scientific or
technical data.
The modifications are made pursuant
to Section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR Part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
ADDRESSES:
State and county
Location
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified elevations, 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.
The changes in BFEs are in
accordance with 44 CFR 65.4.
Regulatory Classification
National Environmental Policy Act
List of Subjects in 44 CFR part 65
This rule is categorically excluded
from the requirements of 44 CFR Part
10, Environmental Consideration. No
environmental impact assessment has
been prepared.
Flood insurance, floodplains,
reporting and recordkeeping
requirements.
I Accordingly, 44 CFR part 65 is
amended to read as follows:
Regulatory Flexibility Act
PART 65—[AMENDED]
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 BFEs 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.
I
Dates and name of newspaper where notice was
published
Alabama: Montgomery.
City of Montgomery.
May 26, 2005, June 2,
2005, Montgomery
Independent.
Massachusetts:
Plymouth.
Town of Hanover
June 2, 2005, June 9,
2005, The Patriot Ledger.
Tennessee: Houston.
City of Erin ...........
May 31, 2005, June 7,
2005, The StewartHouston Times.
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
Dated: July 20, 2005.
David I. Maurstad,
Acting Director, Mitigation Division,
Emergency Preparedness and Response
Directorate.
[FR Doc. 05–14660 Filed 7–25–05; 8:45 am]
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
shown below:
September 7,
2005.
250266 B
September 6,
2005.
470213 F
44 CFR Part 67
Final Flood Elevation Determinations
Fmt 4700
1. The authority citation for part 65
continues to read as follows:
010174 G
Federal Emergency Management
Agency
Frm 00040
This rule meets the applicable
standards of Section 2(b)(2) of Executive
Order 12778.
May 17, 2005 .......
DEPARTMENT OF HOMELAND
SECURITY
PO 00000
Executive Order 12778, Civil Justice
Reform
The Honorable Bobby N. Bright,
Mayor of the City of Montgomery,
City Hall, P.O. Box 1111, Montgomery, Alabama 36101.
Mr. Stephen S. Rollins, Hanover
Town Administrator, Hanover Town
Hall, 550 Hanover Street, Hanover,
Massachusetts 02339.
The Honorable Rhyne Largent, Mayor
of the City of Erin, P.O. Box 270,
Erin, Tennessee 37061.
Federal Emergency
Management Agency (FEMA),
Emergency Preparedness and Response
Jkt 205001
This rule involves no policies that
have federalism implications under
Executive Order 12612, Federalism,
dated October 26, 1987.
Effective date of
modification
AGENCY:
23:50 Jul 25, 2005
Executive Order 12612, Federalism
Chief executive officer of community
BILLING CODE 9110–12–P
VerDate jul<14>2003
This interim 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.
Sfmt 4700
Community
No.
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
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Rules and Regulations]
[Pages 43055-43056]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14660]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-D-7575]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule lists communities where modification of the
Base (1% annual chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.
DATES: These modified BFEs are currently in effect on the dates listed
in the table and revise the Flood Insurance Rate Map(s) (FIRMs) in
effect prior to this determination for each listed community.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Director reconsider the
changes. The modified elevations may be changed during the 90-day
period.
[[Page 43056]]
ADDRESSES: The modified 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: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
Any request for reconsideration must be based upon knowledge of
changed conditions, or upon new scientific or technical data.
The modifications are made pursuant to Section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR Part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These modified elevations, 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.
The changes in BFEs are in accordance with 44 CFR 65.4.
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 modified BFEs
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 interim 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 65
Flood insurance, floodplains, reporting and recordkeeping
requirements.
0
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED]
0
1. The authority citation for part 65 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. 65.4 [Amended]
2. The tables published under the authority of Sec. 65.4 are
amended as shown below:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dates and name of
State and county Location newspaper where Chief executive officer of Effective date of Community No.
notice was published community modification
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama: Montgomery............... City of Montgomery... May 26, 2005, June 2, The Honorable Bobby N. May 17, 2005......... 010174 G
2005, Montgomery Bright, Mayor of the City
Independent. of Montgomery, City Hall,
P.O. Box 1111,
Montgomery, Alabama 36101.
Massachusetts: Plymouth........... Town of Hanover...... June 2, 2005, June 9, Mr. Stephen S. Rollins, September 7, 2005.... 250266 B
2005, The Patriot Hanover Town
Ledger. Administrator, Hanover
Town Hall, 550 Hanover
Street, Hanover,
Massachusetts 02339.
Tennessee: Houston................ City of Erin......... May 31, 2005, June 7, The Honorable Rhyne September 6, 2005.... 470213 F
2005, The Stewart- Largent, Mayor of the
Houston Times. City of Erin, P.O. Box
270, Erin, Tennessee
37061.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance.'')
Dated: July 20, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-14660 Filed 7-25-05; 8:45 am]
BILLING CODE 9110-12-P
