Proposed Flood Elevation Determinations, 7712-7714 [06-1344]
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(their) truth and accuracy, I certify as the company official having supervisory responsibility
for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete.
If any of this information is determined by EPA in its sole discretion to be false, inaccurate or
incomplete, and upon conveyance of this fact to the company, I recognize and agree that this
exclusion of waste will be void as if it never had effect or to the extent directed by EPA and
that the company will be liable for any actions taken in contravention of the company’s RCRA
and CERCLA obligations premised upon the company’s reliance on the void exclusion.’’
(6) Reopener
(A) If, anytime after disposal of the delisted waste Bayer possesses or is otherwise made
aware of any environmental data (including but not limited to leachate data or ground water
monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level
allowed by the Division Director in granting the petition, then the facility must report the data,
in writing, to the Division Director within 10 days of first possessing or being made aware of
that data.
(B) If either the quarterly or annual testing of the waste does not meet the delisting requirements in paragraph 1, Bayer must report the data, in writing, to the Division Director within
10 days of first possessing or being made aware of that data.
(C) If Bayer fails to submit the information described in paragraphs (5),(6)(A) or (6)(B) or if any
other information is received from any source, the Division Director will make a preliminary
determination as to whether the reported information requires EPA action to protect human
health and/or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health and the environment.
(D) If the Division Director determines that the reported information requires action by EPA, the
Division Director will notify the facility in writing of the actions the Division Director believes
are necessary to protect human health and the environment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to
present information as to why the proposed EPA action is not necessary. The facility shall
have 10 days from the date of the Division Director’s notice to present such information.
(E) Following the receipt of information from the facility described in paragraph (6)(D) or (if no
information is presented under paragraph (6)(D)) the initial receipt of information described in
paragraphs (5), (6)(A) or (6)(B), the Division Director will issue a final written determination
describing EPA actions that are necessary to protect human health and/or the environment.
Any required action described in the Division Director’s determination shall become effective
immediately, unless the Division Director provides otherwise.
*
*
*
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
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:
44 CFR Part 67
[Docket No. FEMA–P–7913]
Proposed Flood Elevation
Determinations
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.
ADDRESSES:
Federal Emergency
Management Agency (FEMA),
Department of Homeland Security.
ACTION: Proposed rule.
AGENCY:
dsatterwhite on PROD1PC65 with PROPOSAL
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
15:42 Feb 13, 2006
*
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).
[FR Doc. 06–1398 Filed 2–13–06; 8:45 am]
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*
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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.
PO 00000
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*
*
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.
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
SUPPLEMENTARY INFORMATION:
E:\FR\FM\14FEP1.SGM
14FEP1
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 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
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 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
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:
N Elevation in feet
(NAVD)
Source of flooding and location of referenced elevation
Existing
Bull Creek:
Approximately 480 feet upstream of the confluence with the Marais des Cygnea
River.
None
837
Approximately 11,250 feet upstream of the confluence of Ten Mile Creek ...............
Hickory Creek:
At the confluence with Bull Creek ...............................................................................
None
874
859
857
Approximately 185 feet downstream of South East Street .........................................
Marais Des Cygnes River:
At the confluence of Pottawatomie Creek ...................................................................
None
867
None
858
None
863
None
823
Approximately 2,880 feet upstream of Jingo Road .....................................................
M.K.T. Tributary to Bull Creek:
At the confluence with Bull Creek ...............................................................................
None
946
868
864
Approximately 40 feet downstream of the Union Pacific Railroad ..............................
North Wea Creek:
At the confluence with South Wea Creek ...................................................................
868
867
None
889
At West 215th Street ...................................................................................................
Pottawatomie Creek:
At the confluence with Marais Des Cygnes River .......................................................
None
1,073
None
859
Approximately 4,920 feet upstream of the confluence with Marais Des Cygnes
River.
South Wea Creek:
At the confluence with Bull Creek ...............................................................................
None
859
None
854
At Metcalf Road ...........................................................................................................
Sweetwater Creek:
At the confluence with Ten Mile Creek .......................................................................
None
983
None
921
At West 215th Street ...................................................................................................
Ten Mile Creek:
At the confluence with Bull Creek ...............................................................................
None
987
None
871
At West 215th Street ...................................................................................................
Tributary to Hickory Creek:
None
1,048
Approximately 6,800 feet upstream of Eighth Street ..................................................
Middle Creek:
At the southern county boundary ................................................................................
dsatterwhite on PROD1PC65 with PROPOSAL
Communities affected
Modified
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15:42 Feb 13, 2006
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City of Paola, Miami County, (Unincorporated
Areas).
City of Paola, Miami County, (Unincorporated
Areas).
City of Osawatomie, Miami
County, (Unincorporated
Areas).
Miami County, (Unincorporated Areas).
City of Paola, Miami County, (Unincorporated
Areas).
Miami County, (Unincorporated Areas).
City of Osawatomie, Miami
County, (Unincorporated
Areas).
City of Louisburg, City of
Paola, Miami County,
(Unincorporated Areas).
Miami County, (Unincorporated Areas).
Miami County, (Unincorporated Areas).
At the confluence with Hickory Creek .........................................................................
Approximately 30 feet downstream of East Osage Street ..........................................
859
859
857
858
City of Paola.
ADDRESSES
City of Louisburg, Miami County, Kansas.
Maps are available for inspection at City Hall, 5 South Peoria, Suite 102, Louisburg, Kansas.
Send comments to The Honorable Arlene Thompson, Mayor, City of Louisburg, City Hall, 5 South Peoria, Suite 102, Louisburg, Kansas 66071.
City of Osawatomie, Miami County, Kansas.
Maps are available for inspection at City Hall, 439 Main Street, Osawatomie, Kansas.
Send comments to The Honorable Tom Speck, Mayor, City of Osawatomie, 439 Main Street, Osawatomie, Kansas 66064.
City of Paola, Miami County, Kansas.
Maps are available for inspection at City Hall, 19 East Peoria, Paola, Kansas.
Send comments to The Honorable Artie Stuteville, Mayor, City of Paola, City Hall, 19 East Peoria, Paola, Kansas 66071.
Unincorporated Areas of Miami County, Kansas.
Maps are available for inspection at Miami County Administration Building, 201 South Pearl Street, Suite 201, Paola, Kansas.
Send comments to The Honorable Art Godfrey, Chairman, Miami County Board of Commissioners, Miami County Administration Building, 201
South Pearl Street, Suite 200, Paola, Kansas 66071.
N North American Vertical Datum of 1988.
o Elevation in feet
(NAVD)
Source of flooding and location of referenced elevation
Existing
Middle Fork Salt River:
Approximately 3,200 feet downstream of Florida Street .............................................
Approximately 4,640 feet upstream of State Highway 15 ..........................................
Payne Branch:
At the confluence with Middle Fork Salt River, approximately 1,400 feet downstream of Caldwell Street.
Approximately 1,510 feet upstream of Hickory Street ................................................
West Fork Payne Branch:
At the confluence with Payne Branch, approximately 600 feet downstream of
Combs Street.
Approximately 1,540 feet upstream of Combs Street .................................................
Communities affected
Modified
None
646
None
654
None
647
None
694
None
663
None
Monroe County, (Unincorporated Areas). City of
Paris.
693
City of Paris.
City of Paris.
ADDRESSES
Unincorporated area of Monroe County, Missouri.
Maps are available for inspection at the Community Map Repository, Monroe County Courthouse, 300 North Main Street, Paris, Missouri.
Send comments to Mr. Donald Simpson, Presiding Commissioner, Monroe County Courthouse, 300 North Main Street, Paris, Missouri 65275–
1399.
City of Paris, Monroe County, Missouri.
Maps are available for inspection at the Community Map Repository, City of Paris, 124 West Caldwell Street, Paris, Missouri.
Send comments to The Honorable Russell Peterson, Mayor, City of Paris, 124 West Caldwell Street, Paris, Missouri 65275–1397.
o North American Vertical Datum of 1988.
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance’’)
Dated: February 2, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. 06–1344 Filed 2–13–06; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–P–7905]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency (FEMA),
Department of Homeland Security.
ACTION: Proposed rule.
dsatterwhite on PROD1PC65 with PROPOSAL
AGENCY:
VerDate Aug<31>2005
15:42 Feb 13, 2006
Jkt 208001
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
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
DATES:
E:\FR\FM\14FEP1.SGM
14FEP1
]]>Agencies
[Federal Register Volume 71, Number 30 (Tuesday, February 14, 2006)]
[Proposed Rules]
[Pages 7712-7714]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1344]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. FEMA-P-7913]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA), 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 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, 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.
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
[[Page 7713]]
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
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 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 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:
----------------------------------------------------------------------------------------------------------------
[sa]
Source of flooding and location of referenced Elevation in feet (NAVD)
elevation ---------------------------- Communities affected
Existing Modified
----------------------------------------------------------------------------------------------------------------
Bull Creek:
Approximately 480 feet upstream of the None 837 City of Paola, Miami County,
confluence with the Marais des Cygnea (Unincorporated Areas).
River.
Approximately 11,250 feet upstream of the None 874
confluence of Ten Mile Creek.
Hickory Creek:
At the confluence with Bull Creek........ 859 857 City of Paola, Miami County,
(Unincorporated Areas).
Approximately 185 feet downstream of None 867
South East Street.
Marais Des Cygnes River:
At the confluence of Pottawatomie Creek.. None 858 City of Osawatomie, Miami County,
(Unincorporated Areas).
Approximately 6,800 feet upstream of None 863
Eighth Street.
Middle Creek:
At the southern county boundary.......... None 823 Miami County, (Unincorporated Areas).
Approximately 2,880 feet upstream of None 946
Jingo Road.
M.K.T. Tributary to Bull Creek:
At the confluence with Bull Creek........ 868 864 City of Paola, Miami County,
(Unincorporated Areas).
Approximately 40 feet downstream of the 868 867
Union Pacific Railroad.
North Wea Creek:
At the confluence with South Wea Creek... None 889 Miami County, (Unincorporated Areas).
At West 215th Street..................... None 1,073
Pottawatomie Creek:
At the confluence with Marais Des Cygnes None 859 City of Osawatomie, Miami County,
River. (Unincorporated Areas).
Approximately 4,920 feet upstream of the None 859
confluence with Marais Des Cygnes River.
South Wea Creek:
At the confluence with Bull Creek........ None 854 City of Louisburg, City of Paola,
Miami County, (Unincorporated
Areas).
At Metcalf Road.......................... None 983
Sweetwater Creek:
At the confluence with Ten Mile Creek.... None 921 Miami County, (Unincorporated Areas).
At West 215th Street..................... None 987
Ten Mile Creek:
At the confluence with Bull Creek........ None 871 Miami County, (Unincorporated Areas).
At West 215th Street..................... None 1,048
Tributary to Hickory Creek:
[[Page 7714]]
At the confluence with Hickory Creek..... 859 857 City of Paola.
Approximately 30 feet downstream of East 859 858
Osage Street.
----------------------------------------------
ADDRESSES
City of Louisburg, Miami County, Kansas.
Maps are available for inspection at City Hall, 5 South Peoria, Suite 102, Louisburg, Kansas.
Send comments to The Honorable Arlene Thompson, Mayor, City of Louisburg, City Hall, 5 South Peoria, Suite 102,
Louisburg, Kansas 66071.
City of Osawatomie, Miami County, Kansas.
Maps are available for inspection at City Hall, 439 Main Street, Osawatomie, Kansas.
Send comments to The Honorable Tom Speck, Mayor, City of Osawatomie, 439 Main Street, Osawatomie, Kansas 66064.
City of Paola, Miami County, Kansas.
Maps are available for inspection at City Hall, 19 East Peoria, Paola, Kansas.
Send comments to The Honorable Artie Stuteville, Mayor, City of Paola, City Hall, 19 East Peoria, Paola, Kansas
66071.
Unincorporated Areas of Miami County, Kansas.
Maps are available for inspection at Miami County Administration Building, 201 South Pearl Street, Suite 201,
Paola, Kansas.
Send comments to The Honorable Art Godfrey, Chairman, Miami County Board of Commissioners, Miami County
Administration Building, 201 South Pearl Street, Suite 200, Paola, Kansas 66071.
----------------------------------------------------------------------------------------------------------------
[sa] North American Vertical Datum of 1988.
----------------------------------------------------------------------------------------------------------------
[diams] Elevation in
Source of flooding and location of referenced feet (NAVD)
elevation ------------------------ Communities affected
Existing Modified
----------------------------------------------------------------------------------------------------------------
Middle Fork Salt River:
Approximately 3,200 feet downstream of None 646 Monroe County, (Unincorporated Areas).
Florida Street. City of Paris.
Approximately 4,640 feet upstream of State None 654
Highway 15.
Payne Branch:
At the confluence with Middle Fork Salt None 647 City of Paris.
River, approximately 1,400 feet downstream
of Caldwell Street.
Approximately 1,510 feet upstream of None 694
Hickory Street.
West Fork Payne Branch:
At the confluence with Payne Branch, None 663 City of Paris.
approximately 600 feet downstream of Combs
Street.
Approximately 1,540 feet upstream of Combs None 693
Street.
------------------------------------------------
ADDRESSES
Unincorporated area of Monroe County, Missouri.
Maps are available for inspection at the Community Map Repository, Monroe County Courthouse, 300 North Main
Street, Paris, Missouri.
Send comments to Mr. Donald Simpson, Presiding Commissioner, Monroe County Courthouse, 300 North Main Street,
Paris, Missouri 65275-1399.
City of Paris, Monroe County, Missouri.
Maps are available for inspection at the Community Map Repository, City of Paris, 124 West Caldwell Street,
Paris, Missouri.
Send comments to The Honorable Russell Peterson, Mayor, City of Paris, 124 West Caldwell Street, Paris, Missouri
65275-1397.
----------------------------------------------------------------------------------------------------------------
[diams] North American Vertical Datum of 1988.
(Catalog of Federal Domestic Assistance No. 83.100, ``Flood
Insurance'')
Dated: February 2, 2006.
David I. Maurstad,
Acting Director, Mitigation Division, Federal Emergency Management
Agency, Department of Homeland Security.
[FR Doc. 06-1344 Filed 2-13-06; 8:45 am]
BILLING CODE 9110-12-P
