Changes in Flood Elevation Determinations, 7688-7690 [06-1343]

Download as PDF rmajette on PROD1PC67 with RULES 7688 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations Clean Air Act. This rule also 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 economically significant. In reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the Clean Air Act. In this context, in the absence of a prior existing requirement for the State to use voluntary consensus standards (VCS), EPA has no authority to disapprove a SIP submission for failure to use VCS. It would thus be inconsistent with applicable law for EPA, when it reviews a SIP submission, to use VCS in place of a SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not impose an information collection burden under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by April 17, 2006. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this rule for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by VerDate Aug<31>2005 14:01 Feb 13, 2006 Jkt 208001 reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: January 24, 2006. Wayne Nastri, Regional Administrator, Region IX. Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: I PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Subpart F—California 2. Section 52.220 is amended by adding paragraph (c)(334)(i)(B) to read as follows: I § 52.220 Identification of plan. * * * * * (c) * * * (334) * * * (i) * * * (B) San Joaquin Valley Unified Air Pollution Control District. (1) Rule 4550 and the List of Conservation Management Practices, adopted on May 20, 2004, re-adopted on August 19, 2004. * * * * * [FR Doc. 06–1311 Filed 2–13–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Final rule. AGENCY: SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents. DATES: The effective dates for these modified BFEs are indicated on the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 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, 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 has resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this rule includes the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection. The modifications are made pursuant to Section 206 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 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 modified BFEs 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. ADDRESSES: E:\FR\FM\14FER1.SGM 14FER1 7689 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations 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 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. State and county New Mexico: Dona Ana, (Case No. 04–06– 857P), (FEMA Docket No. P–7644). Texas: Denton, (Case No. 04–06–1465P), (FEMA Docket No. P–7644). Dallas, (Case No. 04–06–673P), (FEMA Docket No. P–7644). rmajette on PROD1PC67 with RULES Denton, (Case No. 04–06–1465P), (FEMA Docket No. P–7644). Fort Bend, (Case No. 04–06– 380P), (FEMA Docket No. P– 7644). Collin, (Case No. 04–06–673P), (FEMA Docket No. P–7644). Fort Bend, (Case No. 04–06– 380P), (FEMA Docket No. P– 7644). VerDate Aug<31>2005 Location Regulatory Classification. This final 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Dates and names of newspaper where notice was published Accordingly, 44 CFR part 65 is amended to read as follows: I PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: I 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 follows: I Chief executive officer of community Effective date of modification Community No. City of Las Cruces. May 4, 2005, May 11, 2005, Las Cruces Sun News. The Honorable William Mattiace, Mayor, City of Las Cruces, Post Office Box 20000, Las Cruces, New Mexico 88004. April 21, 2005 ............ 355332 Town of Bartonville. May 9, 2005, May 16, 2005, Denton Record Chronicle. April 22, 2005 ............ 481501 City of Dallas ... May 5, 2005, May 12, 2005, Dallas Morning News. August 11, 2005 ........ 480171 Unincorporated Areas. May 9, 2005, May 16, 2005, Denton Record Chronicle. April 22, 2005 ............ 480774 Unincorporated Areas. May 4, 2005, May 11, 2005, Fort Bend Star. The Honorable Ron Robertson, Mayor, Town of Bartonville, 1941 East Jeter Road, Bartonville, Texas 76226. The Honorable Laura Miller, Mayor, City of Dallas, Dallas City Hall, 1500 Marilla Street, Room 5EN, Dallas, Texas 75201–6390. The Honorable Mary Horn, Judge, Denton County, 110 West Hickory Street, 2nd Floor, Denton, Texas 76201. The Honorable Robert E. Hebert, Judge, Fort Bend County, 301 Jackson Street, Richmond, Texas 77469. August 10, 2005 ........ 480228 City of Plano ... May 5, 2005, May 12, 2005, Plano Star Courier. August 11, 2005 ........ 480140 Willow Fork Drainage District. May 4, 2005, May 11, 2005, The Katy Times. The Honorable Pat Evans, Mayor, City of Plano, Post Office Box 860358, Plano, Texas 75086. The Honorable Larry J. Mueller, Willow Fork Drainage District, c/o Allen, Boone & Humphries, LLP, 3200 Southwest Freeway, 26th Floor, Houston, Texas 77027. August 10, 2005 ........ 481603 14:01 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\14FER1.SGM 14FER1 7690 Federal Register / Vol. 71, No. 30 / Tuesday, February 14, 2006 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance’’) Dated: January 9, 2006. David I. Maurstad, Acting Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. 06–1343 Filed 2–13–06; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 65 Changes in Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Department of Homeland Security. ACTION: Final rule. AGENCY: SUMMARY: Modified Base (1% annualchance) Flood Elevations (BFEs) are finalized for the communities listed below. These modified elevations will be used to calculate flood insurance premium rates for new buildings and their contents. EFFECTIVE DATES: The effective dates for these modified BFEs are indicated on the table below and revise the Flood Insurance Rate Maps (FIRMs) in effect for the listed communities prior to this date. 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, 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 rmajette on PROD1PC67 with RULES 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 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 final 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 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. List of Subjects in 44 CFR Part 65 Flood insurance, Floodplains, Reporting and recordkeeping requirements. Accordingly, 44 CFR Part 65 is amended to read as follows: I PART 65—[AMENDED] 1. The authority citation for part 65 continues to read as follows: I 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 follows: I Dates and names of newspaper where notice was published Chief executive officer of community Effective date of modification City of Cabot ... July 20, 2005, July 27, 2005, Cabot StarHerald. The Hon. Mickey Staumbaugh, Mayor, City of Cabot, Post Office Box 1113, Cabot, Arkansas 72076. October 25, 2005 ...... 050309 City of Lockport July 6, 2005, July 13, 2005, The Herald News. The Honorable Tim Murphy, Mayor, City of Lockport, 222 East 9th Street, Lockport, Illinois 60441. June 21, 2005 ........... 170703 State and county Location Arkansas: Lonoke, Case No. 04–06– 2140P, FEMA Docket No. P–7646. Illinois: Will, Case No. 04– 05–4087–P, FEMA Docket No. P–7646. VerDate Aug<31>2005 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 has resolved any appeals resulting from this notification. The modified BFEs are not listed for each community in this notice. However, this rule includes the address of the Chief Executive Officer of the community where the modified BFE determinations are available for inspection. The modifications are made pursuant to Section 206 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 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 modified BFEs 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. 14:01 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\14FER1.SGM 14FER1 Community No.

Agencies

[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Rules and Regulations]
[Pages 7688-7690]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1343]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 65


Changes in Flood Elevation Determinations

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security.

ACTION: Final rule.

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

SUMMARY: Modified Base (1% annual-chance) Flood Elevations (BFEs) are 
finalized for the communities listed below. These modified elevations 
will be used to calculate flood insurance premium rates for new 
buildings and their contents.

DATES: The effective dates for these modified BFEs are indicated on the 
table below and revise the Flood Insurance Rate Maps (FIRMs) in effect 
for the listed communities prior to this date.

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, 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 has resolved any 
appeals resulting from this notification.
    The modified BFEs are not listed for each community in this notice. 
However, this rule includes the address of the Chief Executive Officer 
of the community where the modified BFE determinations are available 
for inspection.
    The modifications are made pursuant to Section 206 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 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 modified BFEs 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.

[[Page 7689]]

    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 
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 final 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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

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]

0
2. The tables published under the authority of Sec.  65.4 are amended 
as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Dates and names of
         State and county                Location           newspaper where     Chief executive officer   Effective date of modification  Community  No.
                                                         notice was published        of  community
--------------------------------------------------------------------------------------------------------------------------------------------------------
New Mexico: Dona Ana, (Case No.    City of Las Cruces..  May 4, 2005, May 11,  The Honorable William      April 21, 2005................          355332
 04-06-857P), (FEMA Docket No. P-                         2005, Las Cruces      Mattiace, Mayor, City of
 7644).                                                   Sun News.             Las Cruces, Post Office
                                                                                Box 20000, Las Cruces,
                                                                                New Mexico 88004.
Texas:
    Denton, (Case No. 04-06-       Town of Bartonville.  May 9, 2005, May 16,  The Honorable Ron          April 22, 2005................          481501
     1465P), (FEMA Docket No. P-                          2005, Denton Record   Robertson, Mayor, Town
     7644).                                               Chronicle.            of Bartonville, 1941
                                                                                East Jeter Road,
                                                                                Bartonville, Texas 76226.
    Dallas, (Case No. 04-06-       City of Dallas......  May 5, 2005, May 12,  The Honorable Laura        August 11, 2005...............          480171
     673P), (FEMA Docket No. P-                           2005, Dallas          Miller, Mayor, City of
     7644).                                               Morning News.         Dallas, Dallas City
                                                                                Hall, 1500 Marilla
                                                                                Street, Room 5EN,
                                                                                Dallas, Texas 75201-6390.
    Denton, (Case No. 04-06-       Unincorporated Areas  May 9, 2005, May 16,  The Honorable Mary Horn,   April 22, 2005................          480774
     1465P), (FEMA Docket No. P-                          2005, Denton Record   Judge, Denton County,
     7644).                                               Chronicle.            110 West Hickory Street,
                                                                                2nd Floor, Denton, Texas
                                                                                76201.
    Fort Bend, (Case No. 04-06-    Unincorporated Areas  May 4, 2005, May 11,  The Honorable Robert E.    August 10, 2005...............          480228
     380P), (FEMA Docket No. P-                           2005, Fort Bend       Hebert, Judge, Fort Bend
     7644).                                               Star.                 County, 301 Jackson
                                                                                Street, Richmond, Texas
                                                                                77469.
    Collin, (Case No. 04-06-       City of Plano.......  May 5, 2005, May 12,  The Honorable Pat Evans,   August 11, 2005...............          480140
     673P), (FEMA Docket No. P-                           2005, Plano Star      Mayor, City of Plano,
     7644).                                               Courier.              Post Office Box 860358,
                                                                                Plano, Texas 75086.
    Fort Bend, (Case No. 04-06-    Willow Fork Drainage  May 4, 2005, May 11,  The Honorable Larry J.     August 10, 2005...............          481603
     380P), (FEMA Docket No. P-     District.             2005, The Katy        Mueller, Willow Fork
     7644).                                               Times.                Drainage District, c/o
                                                                                Allen, Boone &
                                                                                Humphries, LLP, 3200
                                                                                Southwest Freeway, 26th
                                                                                Floor, Houston, Texas
                                                                                77027.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 7690]]

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

    Dated: January 9, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management 
Agency, Department of Homeland Security.
[FR Doc. 06-1343 Filed 2-13-06; 8:45 am]
BILLING CODE 9110-12-P