Final Flood Elevation Determinations, 40925-40927 [E6-11393]
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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
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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),
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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
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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).
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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.
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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
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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, https://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 https://
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:
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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]
=======================================================================
-----------------------------------------------------------------------
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
