Proposed Flood Elevation Determinations, 55071-55073 [05-18730]

Download as PDF Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules Code. Based on this information, EPA is proposing to approve these exemptions. D. Evaluation of the Changes to Definitions, References, and Numbering Several definitions were created or amended due to the creation of the general and registration permit programs. In addition, several regulatory citations were revised as well as other administrative changes related to the registration and general permit programs. All of the changes, as described in Part I, Section D, ‘‘Changes to Definitions, References, and Numbering’’, are consistent with Wisconsin’s statutes and the Act. IV. What Action Is EPA Taking Today? EPA is proposing to approve revisions to Wisconsin SIP rules NR 400, 406, 407, and 410 submitted by the State on July 28, 2005. EPA also is soliciting comment on this proposed approval. V. Statutory and Executive Order Reviews Executive Order 12866; Regulatory Planning and Review Under Executive Order 12866 (58 FR 51735, October 4, 1993), this proposed action is not a ‘‘significant regulatory action’’ and therefore is not subject to review by the Office of Management and Budget. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use Because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 or a ‘‘significant energy action,’’ this action also is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001). Regulatory Flexibility Act This action merely proposes to approve state law as meeting Federal requirements and imposes no additional requirements beyond those imposed by state law. Accordingly, the Administrator certifies that this proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Unfunded Mandates Reform Act Because this action proposes to approve pre-existing requirements under state law and does not impose any additional enforceable duty beyond that required by state law, it does not contain any unfunded mandate or VerDate Aug<31>2005 15:23 Sep 19, 2005 Jkt 205001 significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4). Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This proposed action does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, 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 by Executive Order 13175 (65 FR 67249, November 9, 2000). Executive Order 13132 Federalism This proposed action does not have Federalism implications because it does 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 (64 FR 43255, August 10, 1999). This action merely proposes to approve a state rule implementing a federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the Act. Executive Order 13045 Protection of Children From Environmental Health and Safety Risks This proposed approval is not subject to Executive Order 13045 ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997), because it is not a significant regulatory action under executive order 12866. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTA), 15 U.S.C. 272, requires federal agencies to use technical standards that are developed or adopted by voluntary consensus to carry out policy objectives, so long as such standards are not inconsistent with applicable law or otherwise impracticable. In reviewing program submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Act. Absent a prior existing requirement for the state to use voluntary consensus standards, EPA has no authority to disapprove a program submission for failure to use such standards, and it would thus be inconsistent with applicable law for EPA to use voluntary consensus PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 55071 standards in place of a program submission that otherwise satisfies the provisions of the Act. Therefore, the requirements of section 12(d) of the NTTA do not apply. Civil Justice Reform As required by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing this rule, EPA has taken the necessary steps to eliminate drafting errors and ambiguity, minimize potential litigation, and provide a clear legal standard for affected conduct. Governmental Interference With Constitutionally Protected Property Rights EPA has complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the takings implications of the rule in accordance with the ‘‘Attorney General’s Supplemental Guidelines for the Evaluation of Risk and Avoidance of Unanticipated Takings’’ issued under the executive order, and has determined that the rule’s requirements do not constitute a taking. Paperwork Reduction Act This proposed action does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Carbon monoxide, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: September 12, 2005. Bharat Mathur, Acting Regional Administrator, Region 5. [FR Doc. 05–18722 Filed 9–19–05; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–D–7638] Proposed Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Emergency Preparedness and Response Directorate, Department of Homeland Security. AGENCY: E:\FR\FM\20SEP1.SGM 20SEP1 55072 ACTION: Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 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 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 newspaper of local circulation in each community. DATES: 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, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646–2903. SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster ADDRESSES: State City/town/county Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed base flood elevations 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 proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed 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 Source of flooding eligibility in the NFIP. As a result, a regulatory flexibility analysis has not 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 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: #Depth in feet above ground. *Elevation in feet (NGVD) •Elevation in feet (NAVD) Location Existing Pago Pago ............. Approximately 1,000 feet northwest of the *2 *10 center of Aunuu Village. Approximately 3,500 feet northeast of the *2 *18 center of Aunuu Village. South Pacific Ocean (Ofu Approxiamtely 400 feet northwest of None *12 Island). Nuupule Rock. Approximately 550 feet northeast of None *21 Tuumuai Point. South Pacific Ocean Approxiamtely 1,300 feet northwest of None *9 (Olosega Island). Pouono Point. Approximately 770 feet southeast of None *20 Pouono Point. South Pacific Ocean (Tau Approximately 1,000 feet northwest of the None *14 Island). center of Faleasao Village. Approximately 1,450 feet northeast of the None *24 center of Faleasao Village. South Pacific Ocean Approximately 300 feet southeast of the *4 *5 (Tutuila Island). intersection of Highway 1 and Rainmaker Hotel Drive. Approximately 330 feet southeast of the *3 *42 center of Fagneanea Village. Maps available for inspection at the American Samoa Department of Public Works, American Samoa Government Center, Pago Pago, American Samoa. Send comments to Mr. Taeaotui P. Tilei, American Samoa Department of Public Works Director, Public Works Department, Pago Pago, American Samoa 96799. VerDate Aug<31>2005 Territory of American Samoa. 15:23 Sep 19, 2005 Jkt 205001 South Pacfic Ocean (Aunuu Island). Modified PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\20SEP1.SGM 20SEP1 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: September 14, 2005. David I. Maurstad, Acting Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–18730 Filed 9–19–05; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket No. FEMA–D–7636] Proposed Flood Elevation Determinations Federal Emergency Management Agency (FEMA), 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 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 proposed BFEs for each community are available for inspection Source of flooding 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 proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). These proposed base flood elevations 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. proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4105, and are required to establish and maintain community eligibility in the NFIP. As a result, a regulatory flexibility analysis has not been prepared. National Environmental Policy Act 1. The authority citation for part 67 continues to read as follows: 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] This proposed rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. No environmental impact assessment has been prepared. 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. Regulatory Flexibility Act The comment period is ninety (90) days following the second publication of this proposed rule in a newspaper of local circulation in each community. DATES: ADDRESSES: 55073 § 67.4 The Mitigation Division Director of the Emergency Preparedness and Response Directorate certifies that this 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: [Amended] #Depth in feet above ground *Elevation in feet (NGVD) •Elevation in feet (NAVD) Location Existing Communities affected Modified FLORIDA Alachua County Little Hatchet Creek ....... Little Monteocha Creek .. Approximately 0.59 mile upstream of the entrance to Gum Root Swamp. Approximately 4,400 feet upstream of the entrance to Gum Root Swamp. At the confluence with Monteocha Creek .............. Approximately 100 feet upstream of County Route 340. VerDate Aug<31>2005 15:23 Sep 19, 2005 Jkt 205001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 •86 •85 •94 •89 None •102 None 135 E:\FR\FM\20SEP1.SGM Alachua County (Unincorporated Areas). Alachua County (Unincorporated Areas). 20SEP1

Agencies

[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Proposed Rules]
[Pages 55071-55073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18730]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-D-7638]

Proposed Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Emergency
Preparedness and Response Directorate, Department of Homeland Security.

[[Page 55072]]

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 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, FEMA, 500 C Street, SW., Washington, DC 20472, (202) 646-
2903.

SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs
and modified BFEs for each community listed below, in accordance with
Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
These proposed base flood elevations 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
proposed rule is exempt from the requirements of the Regulatory
Flexibility Act because proposed 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. As a
result, a regulatory flexibility analysis has not 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.

Sec. 67.4 [Amended]

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

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Depth in feet
above ground.
*Elevation in feet
(NGVD)
State City/town/county Source of flooding Location Elevation in
feet (NAVD)
-------------------------
Existing Modified
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pago Pago............................ Territory of American South Pacfic Ocean (Aunuu Island)........ Approximately 1,000 feet northwest of the center of Aunuu *2 *10
Samoa. Village.
Approximately 3,500 feet northeast of the center of Aunuu *2 *18
Village.
South Pacific Ocean (Ofu Island)......... Approxiamtely 400 feet northwest of Nuupule Rock.......... None *12
Approximately 550 feet northeast of Tuumuai Point......... None *21
South Pacific Ocean (Olosega Island)..... Approxiamtely 1,300 feet northwest of Pouono Point........ None *9
Approximately 770 feet southeast of Pouono Point.......... None *20
South Pacific Ocean (Tau Island)......... Approximately 1,000 feet northwest of the center of None *14
Faleasao Village.
Approximately 1,450 feet northeast of the center of None *24
Faleasao Village.
South Pacific Ocean (Tutuila Island)..... Approximately 300 feet southeast of the intersection of *4 *5
Highway 1 and Rainmaker Hotel Drive.
Approximately 330 feet southeast of the center of *3 *42
Fagneanea Village.

Maps available for inspection at the American Samoa Department of Public Works, American Samoa Government Center, Pago Pago, American Samoa.
Send comments to Mr. Taeaotui P. Tilei, American Samoa Department of Public Works Director, Public Works Department, Pago Pago, American Samoa 96799.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 55073]]

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

Dated: September 14, 2005.
David I. Maurstad,
Acting Director, Mitigation Division, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-18730 Filed 9-19-05; 8:45 am]
BILLING CODE 9110-12-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.