Changes in Flood Elevation Determinations, 9736-9737 [06-1773]

Download as PDF 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 Sfmt 4700 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 27FER1 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.

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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:

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                                                           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