Changes in Flood Elevation Determinations, 9736-9737 [06-1773]
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9736
Federal Register / Vol. 71, No. 38 / Monday, February 27, 2006 / Rules and Regulations
HSWA (Hazardous and Solid Waste Act)
permits or portions of permits which it
has issued in New Hampshire prior to
the effective date of this authorization
until the State incorporates the terms
and conditions of the Federal permits
into the State RCRA permits. EPA will
not issue any more new permits, or new
portions of permits, for the provisions
listed in the Table above after the
effective date of this authorization. EPA
will continue to implement and issue
permits for any HSWA requirements for
which New Hampshire is not yet
authorized.
wwhite on PROD1PC65 with RULES
J. What Is Codification and Is EPA
Codifying New Hampshire’s Hazardous
Waste Program as Authorized in This
Rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the Code
of Federal Regulations. We do this by
referencing the authorized State rules in
40 CFR part 272. We reserve the
amendment of 40 CFR part 272, subpart
EE for this authorization of New
Hampshire’s program until a later date.
K. Administrative Requirements
The Office of Management and Budget
has exempted this action from the
requirements of Executive Order 12866
(58 FR 51735, October 4, 1993);
therefore, this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
State law. Accordingly, I certify that this
action 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.). Because this action authorizes
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 significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
communities or Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will 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), because it
merely authorizes State requirements as
VerDate Aug<31>2005
15:43 Feb 24, 2006
Jkt 208001
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory actions under Executive
Order 12866.
Under RCRA 3006(b), EPA grants a
State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. 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. 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. 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. 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 document 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 in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
PO 00000
Frm 00046
Fmt 4700
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Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action nevertheless will be effective 60
days after it is published, because it is
an immediate final rule.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous materials transportation,
Hazardous waste, Indians-lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: February 9, 2006.
Robert W. Varney,
Regional Administrator, EPA New England.
[FR Doc. 06–1792 Filed 2–24–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–P–7650]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency (FEMA),
Department of Homeland Security.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Map(s) in effect prior to
this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Mitigation Division Director reconsider
the changes. The modified BFEs may be
changed during the 90-day period.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
E:\FR\FM\27FER1.SGM
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9737
Federal Register / Vol. 71, No. 38 / Monday, February 27, 2006 / Rules and Regulations
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
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to Section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required to either
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified 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.
The changes in BFEs are in
accordance with 44 CFR 65.4.
Regulatory Classification
National Environmental Policy Act
Flood insurance, Floodplains,
Reporting and record keeping
requirements.
I Accordingly, 44 CFR part 65 is
amended to read as follows:
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
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
PART 65—[AMENDED]
1. The authority citation for part 65
continues to read as follows:
I
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.
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
City of Lapeer ....
January 4, 2006; January
11, 2006; The County
Press.
January 19, 2006 ......
260112
Township of
Lapeer.
January 4, 2006; January
11, 2006; The County
Press.
The Honorable Chuck Treece,
Mayor, City of Lapeer, 576 Liberty Park, Lapeer, Michigan
48446.
Mr. Scott A. Jarvis, Supervisor,
Township of Lapeer, 1500 Morris Road, Lapeer, Michigan
48446–9420.
January 19, 2006 ......
260435
Location
Michigan: Lapeer;
Case No.: 04–
05–2877P.
Michigan: Lapeer;
Case No.: 04–
05–2877P.
(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. 06–1773 Filed 2–24–06; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
BILLING CODE 9110–12–P
wwhite on PROD1PC65 with RULES
Executive Order 13132, Federalism
Dates and name of
newspaper where notice
was published
State and county
Changes in Flood Elevation
Determinations
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–D–7581]
Federal Emergency
Management Agency (FEMA),
Department of Homeland Security,
Mitigation Division.
ACTION: Interim rule.
AGENCY:
VerDate Aug<31>2005
This interim rule is not a significant
regulatory action under the criteria of
Section 3(f) of Executive Order 12866 of
September 30, 1993, Regulatory
Planning and Review, 58 FR 51735.
15:43 Feb 24, 2006
Jkt 208001
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
Community
number
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table and revise the Flood Insurance
Rate Map(s) (FIRMs) in effect prior to
this determination for each listed
community.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
E:\FR\FM\27FER1.SGM
27FER1
]]>Agencies
[Federal Register Volume 71, Number 38 (Monday, February 27, 2006)]
[Rules and Regulations]
[Pages 9736-9737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1773]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket No. FEMA-P-7650]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.
DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Map(s) in effect
prior to this determination for the listed communities.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Mitigation Division
Director reconsider the changes. The modified BFEs may be changed
during the 90-day period.
ADDRESSES: The modified BFEs for each community are available for
inspection at the office of the Chief Executive
[[Page 9737]]
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 modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
The modifications are made pursuant to Section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified BFEs are the basis for the floodplain management
measures that the community is required to either adopt or to show
evidence of being already in effect in order to qualify or to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These modified 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.
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 interim rule is not a significant regulatory action under the
criteria of Section 3(f) of Executive Order 12866 of September 30,
1993, Regulatory Planning and Review, 58 FR 51735.
Executive Order 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 record keeping
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 name of
State and county Location newspaper where Chief executive officer Effective date of modification Community
notice was published of community number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Michigan: Lapeer; Case No.: 04-05- City of Lapeer...... January 4, 2006; The Honorable Chuck January 19, 2006.............. 260112
2877P. January 11, 2006; Treece, Mayor, City of
The County Press. Lapeer, 576 Liberty
Park, Lapeer, Michigan
48446.
Michigan: Lapeer; Case No.: 04-05- Township of Lapeer.. January 4, 2006; Mr. Scott A. Jarvis, January 19, 2006.............. 260435
2877P. January 11, 2006; Supervisor, Township of
The County Press. Lapeer, 1500 Morris
Road, Lapeer, Michigan
48446-9420.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(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. 06-1773 Filed 2-24-06; 8:45 am]
BILLING CODE 9110-12-P
