Proposed Flood Elevation Determinations, 7712-7714 [06-1344]

Download as PDF (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] VerDate Aug<31>2005 * Jkt 208001 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 Frm 00018 Fmt 4702 Sfmt 4702 * * 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 VerDate Aug<31>2005 15:42 Feb 13, 2006 Jkt 208001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\14FEP1.SGM 14FEP1 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]


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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