Final Flood Elevation Determinations, 40925-40927 [E6-11393]

Download as PDF mstockstill on PROD1PC68 with RULES Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations This rule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). This action also does not have Federalism implications because it does 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). This action merely approves a state rule implementing a Federal standard, and does not alter the relationship or the distribution of power and responsibilities established in the 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 VerDate Aug<31>2005 15:11 Jul 18, 2006 Jkt 208001 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 Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 18, 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, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: June 13, 2006. Andrew M. Gaydosh, Acting Regional Administrator, Region 8. 40 CFR part 52 is amended to read 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 BB—Montana 2. Section 52.1370 is amended by adding paragraph (c)(64) to read as follows: I § 52.1370 Identification of plan. * * * * * (c) * * * (64) Revisions to State Implementation Plan were submitted by the State of Montana on October 25, 2005. The revisions are to the Administrative Rules of Montana and: update the citations and references to federal documents and addresses where copies of documents can be obtained; and delete the definition of ‘‘public nuisance’’ from Sub-Chapter 1 and the definitions of ‘‘animal matter’’ and ‘‘reduction’’ from Sub-Chapter 3. (i) Incorporation by reference. (A) Administrative Rules of Montana (ARM) sections: ARM 17.8.102(1), 17.8.103(3) and (4); 17.8.302(2), (3) and (4); 17.8.602(2), (3) and (4); .17.8.802(2), PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 40925 (3), (4) and (5); 17.8.902(2), (3), (4) and (5); 17.8.1002(2), (3), (4) and (5); and 17.8.1102(2), (3) and (4), effective June 17, 2005. [FR Doc. E6–11344 Filed 7–18–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Final rule. AGENCY: SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each 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: Effective Dates: The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated on the table below. ADDRESSES: The final 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: William R. Blanton, Jr., Engineering Management Section, Mitigation Division, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 29472, (202) 646–3151. SUPPLEMENTARY INFORMATION: FEMA 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. This final rule is issued in accordance with section 110 of the Flood Disaster E:\FR\FM\19JYR1.SGM 19JYR1 40926 Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. The Agency has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60. Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown. 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 final or modified BFEs are required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are required to establish and 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 67 Administrative practice and procedure, flood insurance, reporting and recordkeeping requirements. Accordingly, 44 CFR Part 67 is amended as follows: I PART 67—[AMENDED] 1. The authority citation for part 67 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. § 67.11 [Amended] 2. The tables published under the authority of § 67.11 are amended as follows: I #Depth in feet above ground. *Elevation in feet (NGVD) oElevation in feet (NAVD) Source of flooding and location Faulkner County, Arkansas and Incorporated Areas (FEMA Docket No. P–7689) Gold Creek (South): Approximately 1,050 feet downstream of Sturges Road ........................................................ Approximately 2,700 feet upstream of Wasson Road ............................................................ Middle Fork Cypress Bayou: At the confluence with Cypress Bayou ................................................................................... Communities affected o273 o323 City of Conway. o288 City of Vilonia Faulkner County (Unincorprated Areas). Approximately 440 feet upstream of Marshall Road ............................................................... North Fork Cypress Bayou: At confluence with Cypress Bayou ......................................................................................... o319 Approximately 730 feet upstream of North Marshall Road ..................................................... Palarm Creek: At State Highway 286 .............................................................................................................. o329 Approximately 4,180 feet upstream of State Highway 36 ...................................................... South Fork Cypress Bayou: At confluence with Cypress Bayou ......................................................................................... o318 Approximately 115 feet upstream of Church Street ................................................................ Warren Creek: At confluence with Palarm Creek ............................................................................................ o320 Approximately 530 feet upstream of Lower Ridge Road ........................................................ o312 o288 o276 o288 o276 City of Vilonia Faulkner County (Unincorpoated Areas). Faulkner County (Unincorpoated Areas). City of Vilonia Faulkner County (Unincorpoated Areas). Faulkner County (Unincorpoated Areas). mstockstill on PROD1PC68 with RULES ADDRESSES City of Conway, Faulkner County, Arkansas: Maps are available for inspection at the City of Conway, 100 East Robins, Conway, Arkansas. Faulkner County (Unincorporated Areas): Maps are available for inspection at Faulkner County Emergency Management, 801 Locust Street, Conway, Arkansas. City of Vilonia, Faulkner County, Arkansas: Maps are available for inspection at Vilonia City Hall, 1113 Main Street, Vilonia, Arkansas. VerDate Aug<31>2005 15:11 Jul 18, 2006 Jkt 208001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\19JYR1.SGM 19JYR1 Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: July 7, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6–11393 Filed 7–18–06; 8:45 am] BILLING CODE 9110–12–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06–1406; MB Docket No. 05–139; RM– 11218] Radio Broadcasting Services; Americus and Emporia, KS mstockstill on PROD1PC68 with RULES Jkt 208001 PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 SUMMARY: The Audio Division, at the request of Dana J. Puopolo, allots Channel 240A at Americus, Kansas, as the community’s first local FM service. In order to accommodate that allotment, the Audio Division also substitutes Channel 244A for Channel 241A at Emporia, Kansas, and modifies the license of Station KANS(FM) to specify operation on Channel 244A at Emporia, Kansas. Channel 240A can be allotted at Americus, Kansas, in compliance with the Commission’s minimum distance separation requirements with a site restriction of 12.5 km (7.8 miles) southwest of Americus. The coordinates for Channel 240A at Americus, Kansas, are 38–25–13 North Latitude and 96– 21–12 West Longitude. Channel 244A can be substituted for Channel 241A at the current transmitter location for Station KANS(FM): 38–24–21 North Latitude and 96–14–13 West Longitude, with a site location of 4.9 km (3.0 miles) west of Emporia. DATES: Effective August 21, 2006. FOR FURTHER INFORMATION CONTACT: Deborah Dupont, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 05–139, adopted July 5, 2006, and released July 7, 2006. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street, SW., Room CY–A257, Washington, DC 20554. The complete text of this decision also may be purchased from the Commission’s duplicating contractor, Best Copy and 15:11 Jul 18, 2006 List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. I As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: I Federal Communications Commission. ACTION: Final rule. AGENCY: VerDate Aug<31>2005 Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, (800) 378–3160, or via the company’s Web site, http://www.bcpiweb.com. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see U.S.C. 801(a)(1)(A). [Amended] 2. Section 73.202(b), the Table of FM Allotments under Section 73.202(b), the Table of FM Allotments under Kansas, is amended by adding Americus, Channel 240A, by removing Channel 241A and by adding Channel 244A at Emporia. I Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6–11467 Filed 7–18–06; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 06–1407; MB Docket No. 02–266; RM– 10557] Radio Broadcasting Services; Chillicothe, Dublin, Hillsboro, and Marion, OH 40927 FOR FURTHER INFORMATION CONTACT: Andrew J. Rhodes, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Memorandum Opinion and Order, MM Docket No. 02–266, adopted July 5, 2006, and released July 7, 2006. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC Reference Information Center (Room CY–A257), 445 12th Street, SW., Washington, DC 20554. The complete text of this decision may also be purchased from the Commission’s copy contractor, Best Copy and Printing, Inc., Portals II, 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–378–3160 or http:// www.BCPIWEB.com. In the Report and Order in this proceeding, the staff approved the reallotment, downgrade, and change of community of license for Station WMRN–FM from Channel 295B at Marion, Ohio to Channel 294B1 at Dublin, Ohio. To accommodate the Station WMRN–FM relocation to Dublin, the staff also granted the reallotment, downgrade, and change of community of license for Station WSRW–FM from Channel 294B at Hillsboro, Ohio, to Channel 293A at Chillicothe, Ohio. See 70 FR 19337 (April 13, 2005). This document is not subject to the Congressional Review Act. (The Commission, is, therefore, not required to submit a copy of this Memorandum Opinion and Order to GAO, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A) because the petition for reconsideration was denied.) Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E6–11421 Filed 7–18–06; 8:45 am] Federal Communications Commission. ACTION: Final rule; denial of petition for reconsideration. BILLING CODE 6712–01–P SUMMARY: The staff denied a petition for reconsideration filed by the Committee for Competitive Columbus Radio of a Report and Order in this proceeding, which had granted a rulemaking petition to reallot, downgrade, and change the communities of license for two Ohio radio stations. The staff determined that the reconsideration petition seeks to raise an argument that was previously rejected in the Report and Order and did not demonstrate any errors of fact or law. 47 CFR Part 73 AGENCY: PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 FEDERAL COMMUNICATIONS COMMISSION [DA 06–1295] Radio Broadcasting Services; Franklin, LA Federal Communications Commission. ACTION: Final rule; denial of petition for reconsideration. AGENCY: SUMMARY: This document denies a Petition for Reconsideration filed by E:\FR\FM\19JYR1.SGM 19JYR1

Agencies

[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40925-40927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-11393]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67


Final Flood Elevation Determinations

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

ACTION: Final rule.

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

SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) and modified 
BFEs are made final for the communities listed below. The BFEs and 
modified BFEs are the basis for the floodplain management measures that 
each 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: Effective Dates: The date of issuance of the Flood Insurance 
Rate Map (FIRM) showing BFEs and modified BFEs for each community. This 
date may be obtained by contacting the office where the maps are 
available for inspection as indicated on the table below.

ADDRESSES: The final 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: William R. Blanton, Jr., Engineering 
Management Section, Mitigation Division, Federal Emergency Management 
Agency, 500 C Street SW., Washington, DC 29472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: FEMA 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.
    This final rule is issued in accordance with section 110 of the 
Flood Disaster

[[Page 40926]]

Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67.
    The Agency has developed criteria for floodplain management in 
floodprone areas in accordance with 44 CFR part 60.
    Interested lessees and owners of real property are encouraged to 
review the proof Flood Insurance Study and FIRM available at the 
address cited below for each community.
    The BFEs and modified BFEs are made final in the communities listed 
below. Elevations at selected locations in each community are shown.
    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 final or modified BFEs are required 
by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and are 
required to establish and 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 67

    Administrative practice and procedure, flood insurance, reporting 
and recordkeeping requirements.

0
Accordingly, 44 CFR Part 67 is amended as follows:

PART 67--[AMENDED]

0
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.  67.11  [Amended]

0
2. The tables published under the authority of Sec.  67.11 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                     Depth
                                                      in feet above
                                                         ground.
          Source of flooding and location             *Elevation in              Communities affected
                                                      feet  (NGVD)
                                                    [diams]Elevation
                                                     in feet  (NAVD)
----------------------------------------------------------------------------------------------------------------
 Faulkner County, Arkansas and Incorporated Areas
             (FEMA Docket No. P-7689)
 
Gold Creek (South):
    Approximately 1,050 feet downstream of Sturges        [diams]273  City of Conway.
     Road.
    Approximately 2,700 feet upstream of Wasson           [diams]323
     Road.
Middle Fork Cypress Bayou:
    At the confluence with Cypress Bayou..........        [diams]288  City of Vilonia Faulkner County
                                                                       (Unincorprated Areas).
    Approximately 440 feet upstream of Marshall           [diams]319
     Road.
North Fork Cypress Bayou:
    At confluence with Cypress Bayou..............        [diams]288  City of Vilonia Faulkner County
                                                                       (Unincorpoated Areas).
    Approximately 730 feet upstream of North              [diams]329
     Marshall Road.
Palarm Creek:
    At State Highway 286..........................        [diams]276  Faulkner County (Unincorpoated Areas).
    Approximately 4,180 feet upstream of State            [diams]318
     Highway 36.
South Fork Cypress Bayou:
    At confluence with Cypress Bayou..............        [diams]288  City of Vilonia Faulkner County
                                                                       (Unincorpoated Areas).
    Approximately 115 feet upstream of Church             [diams]320
     Street.
Warren Creek:
    At confluence with Palarm Creek...............        [diams]276  Faulkner County (Unincorpoated Areas).
    Approximately 530 feet upstream of Lower Ridge        [diams]312
     Road.
----------------------------------------------------------------------------------------------------------------
                                                    ADDRESSES
 
City of Conway, Faulkner County, Arkansas:
 
Maps are available for inspection at the City of Conway, 100 East Robins, Conway, Arkansas.
 
Faulkner County (Unincorporated Areas):
 
Maps are available for inspection at Faulkner County Emergency Management, 801 Locust Street, Conway, Arkansas.
 
City of Vilonia, Faulkner County, Arkansas:
Maps are available for inspection at Vilonia City Hall, 1113 Main Street, Vilonia, Arkansas.
----------------------------------------------------------------------------------------------------------------



[[Page 40927]]

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

    Dated: July 7, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-11393 Filed 7-18-06; 8:45 am]
BILLING CODE 9110-12-P