Final Flood Elevation Determinations, 76206-76208 [E6-21680]

Download as PDF 76206 Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations III. Statutory and Executive Order Reviews A. Executive Order 12866 This action is classified as a final rule because it makes an amendment to the Code of Federal Regulations (CFR). The amendment to the CFR is necessary to allow for a one-time extension to the 2006 reporting IUR period. This action does not impose any new requirements or amend substantive requirements. This action is not subject to review by the Office of Management and Budget (OMB) under Executive Order 12866, entitled Regulatory Planning and Review (58 FR 51735, October 4, 1993). B. Paperwork Reduction Act This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. C. Regulatory Flexibility Act Because this action does not impose any new requirements or amend the substantive requirements, EPA certifies this action will not have a significant economic impact on a substantial number of small entities and there will be no adverse impact on small entities resulting from this action under section 605(b) of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) rwilkins on PROD1PC63 with RULES D. Unfunded Mandates Reform Act This action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Public Law 104–4). E. Executive Order 13132 The Agency has determined that this action will not have a substantial direct effect on 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, entitled Federalism (64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that 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 VerDate Aug<31>2005 17:07 Dec 19, 2006 Jkt 211001 various levels of government.’’ This action does not alter the relationships or distribution of power and responsibilities established by Congress. F. Executive Order 13175 IV. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., 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 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. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). The Agency has determined that this rule does not have any ‘‘tribal implications’’ as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments (65 FR 22951, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure ‘‘meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.’’ This final rule will not have substantial direct effects on tribal governments, 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 in Executive Order 13175. Thus, Executive Order 13175 does not apply to this rule. Dated: December 15, 2006. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. G. Executive Order 13045 I List of Subjects in 40 CFR Part 710 Environmental protection, Chemicals, Hazardous materials, Inventory Update Reporting, IUR, Reporting and recordkeeping requirements, TSCA. Therefore, 40 CFR chapter I is amended as follows: This action does not require OMB review or any other Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 1997). H. Executive Order 13211 Because this final rule is exempt from review under Executive Order 12866 due to its lack of significance, this final rule is not subject to Executive Order 13211, entitled Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (66 FR 28355, May 22, 2001). I. National Technology Transfer Advancement Act This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113, section 12(d) (15 U.S.C. 272 note). PART 710—[AMENDED] 1. The authority citation for part 710 continues to read as follows: I Authority: 15 U.S.C. 2607(a). I 2. In § 710.53, revise the second sentence to read as follows: § 710.53 When to report. * * * The first submission period is from August 25, 2006 to March 23, 2007.* * * [FR Doc. E6–21711 Filed 12–19–06; 8:45 am] BILLING CODE 6560–50–S DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 Final Flood Elevation Determinations Federal Emergency Management Agency, DHS. ACTION: Final rule. J. Executive Order 12898 AGENCY: This action does not involve special considerations of environmental justice related issues as required by Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (59 FR 7629, February 16, 1994). 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 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1 Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations 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). 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 20472, (202) 646–3151. SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency (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 DATES: Flooding source(s) ninety (90) days have elapsed since that publication. The Mitigation Division Director of FEMA has resolved any appeals resulting from this notification. This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA 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 final rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared. Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601–612, a regulatory flexibility analysis is not required. 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 final rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This final 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. I Accordingly, 44 CFR part 67 is amended as follows: 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 *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground. Modified Location of referenced elevation 76207 Communities affected Essex County, New Jersey and Incorporated Areas Docket No.: FEMA–B–7458 Bear Brook .............................. Peckman River ........................ At Confluence Approximately Approximately At Confluence At Confluence Approximately At Confluence Approximately Approximately with Canoe Brook ............................................. 1800 feet upstream of East Cedar Street ........ 1500 feet downstream of S. Orange Avenue .. of Bear Brook ................................................... with Canoe Brook ............................................. 1100 feet upstream of White Oak Ridge Road with West Branch of Rahway River ................. 200 feet upstream of Clarken Drive ................. 1300 feet upstream of Erie Railroad ................ +223 +367 +202 +223 +204 +254 +372 +498 +180 East Branch Rahway River ..... Approximately 250 feet downstream of Highway 577 ............. Approximately 200 feet upstream of Millburn Avenue ............. +474 +99 Just downstream of Forest Street ............................................ Approximately 400 feet downstream of Orange Reservoir Dam. At Garfield Avenue ................................................................... Just Downstream of Parsonage Hill Road ............................... +167 +298 Township of West Orange. +374 +177 Township of Livingston. Canoe Brook ........................... Canoe Brook Tributary No. 1 .. Crystal Lake Branch ................ West Branch Rahway River .... rwilkins on PROD1PC63 with RULES Slough Brook ........................... VerDate Aug<31>2005 21:54 Dec 19, 2006 Jkt 211001 PO 00000 Frm 00097 Fmt 4700 Sfmt 4700 E:\FR\FM\20DER1.SGM 20DER1 Township of Livingston. Township of Livingston. Township of Livingston. Township of Milburn. Township of West Orange. Township of Cedar Grove, Township of Verona, Township of West Orange. City of Orange, Village of South Orange, Township of Maplewood. 76208 Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Rules and Regulations Flooding source(s) *Elevation in feet (NGVD) +Elevation in feet (NAVD) # Depth in feet above ground. Modified Location of referenced elevation At Irving Avenue ....................................................................... Communities affected +280 # Depth in feet above ground. *National Geodetic Vertical Datum. +North American Vertical Datum. ADDRESSES Township of Cedar Grove Maps are available for inspection Township of Livingston Maps are available for inspection Township of Maplewood Maps are available for inspection Township of Millburn Maps are available for inspection City of Orange Maps are available for inspection South Orange Village Maps are available for inspection Township of Verona Maps are available for inspection Township of West Orange Maps are available for inspection at the following locations: Municipal Building, 525 Pompton Avenue, Cedar Grove, NJ 07009. at the following locations: Town Hall, 357 South Livingston Avenue, Livingston, NJ 07039. at the following locations: Town Hall, 570 Valley Street, Maplewood, NJ 07040. at the following locations: Town Hall, 375 Millburn Avenue, Millburn, NJ 07041. at the following locations: City Hall, 29 North Day Street, Orange, NJ 07050. at the following locations: South Orange Village Hall, 101 South Orange Avenue, South Orange, NJ 07079. at the following locations: Town Hall, 600 Bloomfield Avenue, Verona, NJ 07044. at the following locations: Town Hall, 66 Main Street, West Orange, NJ 07052. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: December 13, 2006. FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1 and 73 David I. Maurstad, Director, Mitigation Division, Federal Emergency Management Agency, Department of Homeland Security. [FR Doc. E6–21680 Filed 12–19–06; 8:45 am] BILLING CODE 9110–12–P [MB Docket No. 05–210; FCC 06–163] Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services Federal Communications Commission (FCC). rwilkins on PROD1PC63 with RULES AGENCY: VerDate Aug<31>2005 17:07 Dec 19, 2006 Jkt 211001 PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 ACTION: Final rule. SUMMARY: In this document, the Commission adopted a number of procedures and procedural changes designed to streamline the process of allocating new FM channels and modifying the communities of license of existing radio stations, and to reduce current backlogs in proceedings to amend the FM Table of Allotments. In the R&O, the Commission also announced that it would lift a freeze on all new petitions to amend the FM Table E:\FR\FM\20DER1.SGM 20DER1

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[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Rules and Regulations]
[Pages 76206-76208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21680]

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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, DHS.

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

[[Page 76207]]

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: 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 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(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 of
FEMA has resolved any appeals resulting from this notification.
This final rule is issued in accordance with section 110 of the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part
67. FEMA 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 final rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Consideration. An environmental impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood elevation determinations are
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
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 final rule involves no
policies that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This final 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:

----------------------------------------------------------------------------------------------------------------
*Elevation in
feet (NGVD)
+Elevation in
Location of referenced feet (NAVD)
Flooding source(s) elevation Communities affected
Depth in feet
above ground.
Modified
----------------------------------------------------------------------------------------------------------------
Essex County, New Jersey and Incorporated Areas Docket No.: FEMA-B-7458
----------------------------------------------------------------------------------------------------------------
Bear Brook............................ At Confluence with Canoe Brook +223 Township of Livingston.
Approximately 1800 feet +367
upstream of East Cedar Street.
Canoe Brook........................... Approximately 1500 feet +202 Township of Livingston.
downstream of S. Orange
Avenue.
At Confluence of Bear Brook... +223
Canoe Brook Tributary No. 1........... At Confluence with Canoe Brook +204 Township of Livingston.
Approximately 1100 feet +254 Township of Milburn.
upstream of White Oak Ridge
Road.
Crystal Lake Branch................... At Confluence with West Branch +372 Township of West Orange.
of Rahway River.
Approximately 200 feet +498
upstream of Clarken Drive.
Peckman River......................... Approximately 1300 feet +180 Township of Cedar Grove,
upstream of Erie Railroad. Township of Verona,
Township of West
Orange.
Approximately 250 feet +474
downstream of Highway 577.
East Branch Rahway River.............. Approximately 200 feet +99 City of Orange, Village
upstream of Millburn Avenue. of South Orange,
Township of Maplewood.
Just downstream of Forest +167
Street.
West Branch Rahway River.............. Approximately 400 feet +298 Township of West Orange.
downstream of Orange
Reservoir Dam.
At Garfield Avenue............ +374
Slough Brook.......................... Just Downstream of Parsonage +177 Township of Livingston.
Hill Road.

[[Page 76208]]

At Irving Avenue.............. +280
----------------------------------------------------------------------------------------------------------------
Depth in feet above ground.
*National Geodetic Vertical Datum.
+North American Vertical Datum.

ADDRESSES
Township of Cedar Grove

Maps are available for inspection at the following locations: Municipal Building, 525 Pompton Avenue, Cedar
Grove, NJ 07009.

Township of Livingston

Maps are available for inspection at the following locations: Town Hall, 357 South Livingston Avenue,
Livingston, NJ 07039.

Township of Maplewood

Maps are available for inspection at the following locations: Town Hall, 570 Valley Street, Maplewood, NJ 07040.

Township of Millburn

Maps are available for inspection at the following locations: Town Hall, 375 Millburn Avenue, Millburn, NJ
07041.

City of Orange

Maps are available for inspection at the following locations: City Hall, 29 North Day Street, Orange, NJ 07050.

South Orange Village

Maps are available for inspection at the following locations: South Orange Village Hall, 101 South Orange
Avenue, South Orange, NJ 07079.

Township of Verona

Maps are available for inspection at the following locations: Town Hall, 600 Bloomfield Avenue, Verona, NJ
07044.

Township of West Orange

Maps are available for inspection at the following locations: Town Hall, 66 Main Street, West Orange, NJ 07052.
----------------------------------------------------------------------------------------------------------------

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

Dated: December 13, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency,
Department of Homeland Security.
[FR Doc. E6-21680 Filed 12-19-06; 8:45 am]
BILLING CODE 9110-12-P

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