Proposed Flood Elevation Determinations, 45497-45498 [E6-12908]

Download as PDF Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Proposed Rules G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks Executive Order 13045: ‘‘Protection of Children From Environmental Health and Safety Risks’’ (62 FR 19885, April 23, 1997) applies to any rule that (1) is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that EPA has reason to believe may have disproportionate effect on children. If the regulatory action meets both criteria, the Agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the Agency. The EPA interprets Executive Order 13045 as applying only to those regulatory actions that are based on health or safety risks, such that the analysis required under section 5–501 of the Order has the potential to influence the regulation. This proposal is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. jlentini on PROD1PC65 with PROPOSAL H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed rule is not a ‘‘significant energy action’’ as defined in Executive Order 13211, ‘‘Actions That Significantly Affect Energy Supply, Distribution, or Use,’’ (66 FR 28355; May 22, 2001) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. I. National Technology Transfer Advancement Act Section 12(d) of the National Technology Transfer Advancement Act of 1995 (NTTAA), Public Law No. 104– 113, section 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards (VCS) in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by VCS bodies. The NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable VCS. This proposed rulemaking does not involve technical standards. Therefore, EPA is not considering the use of any VCS. VerDate Aug<31>2005 18:06 Aug 08, 2006 Jkt 208001 The EPA will encourage States that have compact areas to consider the use of such standards, where appropriate, in the development of their SIPs. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 requires that each Federal agency make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionate high and adverse human health or environmental effects of its programs, policies, and activities on minorities and low-income populations. The EPA believes that this proposed rule should not raise any environmental justice issues. The health and environmental risks associated with ozone were considered in the establishment of the 8-hour, 0.08 ppm ozone NAAQS. The level is designed to be protective with an adequate margin of safety. 45497 paragraphs (e)(2)(i) through (v) of this section. (ii) * * * (B) Prior to expiration of the deferred effective date on April 15, 2008, if the Administrator determines that an area or the State subject to a compact has not met the requirement in paragraph (e)(2)(vi) of this section, the nonattainment designation shall become effective as of the deferred effective date, unless EPA takes affirmative rulemaking action to further extend the deadline. * * * * * [FR Doc. E6–12960 Filed 8–8–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control. [Docket No. FEMA–P–7921] Authority: 42 U.S.C. 7408; 42 U.S.C. 7410; 42 U.S.C. 7501–7511f; 42 U.S.C. 7601(a)(1). AGENCY: Dated: August 3, 2006. Stephen L. Johnson, Administrator. 40 CFR part 81 is proposed to be amended as follows: PART 81—[AMENDED] 1. The authority citation for part 81 continues to read as follows: Authority: 42 U.S.C. 7401, et seq. Subpart C—Section 107 Attainment Status Designations 2. Section 81.300 is amended by revising paragraphs (e)(3)(i) and (e)(3)(ii)(B) to read as follows: § 81.300 * * * * (e) * * * (3) * * * (i) General. Notwithstanding clauses (i) through (iv) of section 107(d)(1)(B) of the Clean Air Act (42 U.S.C. 7407(d)(1)(B)), the Administrator shall defer until April 15, 2008, the effective date of a nonattainment designation of any area subject to a compact that does not meet (or that contributes to ambient air quality in a nearby area that does not meet) the 8-hour ozone national ambient air quality standard if the Administrator determines that the area subject to a compact has met the requirements in Frm 00061 Fmt 4702 Federal Emergency Management Agency (FEMA), Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The 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 publication of this proposed rule in a newspaper of local circulation in each community. DATES: Scope. * PO 00000 Proposed Flood Elevation Determinations Sfmt 4702 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: William R. Blanton, Jr., CFM, Acting Section Chief, Engineering Management Section, Mitigation Division, 500 C Street, SW., Washington, DC 20472, (202) 646–3151. ADDRESSES: E:\FR\FM\09AUP1.SGM 09AUP1 45498 Federal Register / Vol. 71, No. 153 / Wednesday, August 9, 2006 / Proposed Rules FEMA proposes to make determinations of BFEs and modified BFEs for each community listed below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a). 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 used to calculate the appropriate flood insurance premium rates for new buildings built after these elevations are SUPPLEMENTARY INFORMATION: 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 proposed rule is exempt from the requirements of the Regulatory Flexibility Act because proposed 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. As a result, a regulatory flexibility analysis has not 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. § 67.4 [Amended] 2. The tables published under the authority of § 67.4 are proposed to be amended as follows: *Elevation in feet (NGVD) Flooding source(s) Location of referenced elevation Communities affected Effective Buffalo Creek ........................................... Wheeling Drainage Ditch ........................ William Rogers Channel. Memorial Diversion Modified Just upstream of Elmhurst Road ........... Just downstream of Aptakisic Road ...... Just downstream of Wolf Road ............. *654 *668 *642 *653 *667 *641 Approximately 400 feet downstream of Elmhurst Road. Approximately 300 feet upstream of the confluence with Des Plaines River. At divergence from Wheeling Drainage Ditch. *653 *652 *None *644 *650 Village of Wheeling. *646 Cook County(Unincorporated Areas),Village of Wheeling. ADDRESSES Cook County, Illinois (Unincorporated Areas) Maps are available for inspection at Cook County Building and Zoning Department, 69 West Washington, Suite 2830, Chicago, Illinois. Send comments to: Mr. John H. Stroger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602. Village of Wheeling, Cook County, Illinois Maps are available for inspection at Wheeling Village Hall, Engineer’s Office, 255 West Dundee Road, Wheeling, Illinois. Send comments to: Mr. Greg Klatecki, Village President, 225 West Dundee Road, Wheeling, Illinois 60090. * National Geodetic Vertical Datum. jlentini on PROD1PC65 with PROPOSAL (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: July 24, 2006. David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6–12908 Filed 8–8–06; 8:45 am] DEPARTMENT OF HOMELAND SECURITY BILLING CODE 9110–12–P [Docket No. FEMA–B–7464] Federal Emergency Management Agency 44 CFR Part 67 Proposed Flood Elevation Determinations Federal Emergency Management Agency (FEMA), AGENCY: VerDate Aug<31>2005 18:06 Aug 08, 2006 Jkt 208001 PO 00000 Frm 00062 Fmt 4702 Sfmt 4702 Department of Homeland Security, Mitigation Division. ACTION: Proposed rule. SUMMARY: Technical information or comments are requested on the proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed BFEs modifications for the communities listed below. The 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 E:\FR\FM\09AUP1.SGM 09AUP1

Agencies

[Federal Register Volume 71, Number 153 (Wednesday, August 9, 2006)]
[Proposed Rules]
[Pages 45497-45498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12908]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[Docket No. FEMA-P-7921]


Proposed Flood Elevation Determinations

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

ACTION: Proposed rule.

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SUMMARY: Technical information or comments are requested on the 
proposed Base (1% annual chance) Flood Elevations (BFEs) and proposed 
BFEs modifications for the communities listed below. The 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: William R. Blanton, Jr., CFM, Acting 
Section Chief, Engineering Management Section, Mitigation Division, 500 
C Street, SW., Washington, DC 20472, (202) 646-3151.

[[Page 45498]]


SUPPLEMENTARY INFORMATION: FEMA proposes to make determinations of BFEs 
and modified BFEs for each community listed below, in accordance with 
Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 
4104, and 44 CFR 67.4(a).
    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 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 proposed rule is exempt from the requirements of 
the Regulatory Flexibility Act because proposed 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. As a result, a regulatory flexibility analysis has not 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:

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                                                                                 *Elevation in feet
                                                                                       (NGVD)
            Flooding source(s)              Location of referenced elevation --------------------------               Communities affected
                                                                               Effective     Modified
--------------------------------------------------------------------------------------------------------------------------------------------------------
Buffalo Creek............................  Just upstream of Elmhurst Road...         *654         *653  Village of Wheeling.
                                           Just downstream of Aptakisic Road         *668         *667
Wheeling Drainage Ditch..................  Just downstream of Wolf Road.....         *642         *641  Cook County(Unincorporated Areas),Village of
                                                                                                         Wheeling.
                                           Approximately 400 feet downstream         *653         *652
                                            of Elmhurst Road.
William Rogers Memorial Diversion Channel  Approximately 300 feet upstream          *None         *644
                                            of the confluence with Des
                                            Plaines River.
                                           At divergence from Wheeling               *650         *646
                                            Drainage Ditch.
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ADDRESSES
 
Cook County, Illinois (Unincorporated Areas)
 
Maps are available for inspection at Cook County Building and Zoning Department, 69 West Washington, Suite 2830, Chicago, Illinois.
 
Send comments to: Mr. John H. Stroger, Jr., President, Cook County Board of Commissioners, 118 North Clark Street, Room 537, Chicago, Illinois 60602.
 
Village of Wheeling, Cook County, Illinois
 
Maps are available for inspection at Wheeling Village Hall, Engineer's Office, 255 West Dundee Road, Wheeling, Illinois.
 
Send comments to: Mr. Greg Klatecki, Village President, 225 West Dundee Road, Wheeling, Illinois 60090.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* National Geodetic Vertical Datum.


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

    Dated: July 24, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. E6-12908 Filed 8-8-06; 8:45 am]
BILLING CODE 9110-12-P