Proposed Flood Elevation Determinations, 48169-48170 [E8-19012]
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Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules
rwilkins on PROD1PC63 with PROPOSALS
of the rule and is consistent with
statutory requirements. Section 203
requires EPA to establish a plan for
informing and advising any small
governments that may be significantly
or uniquely impacted by the rule.
EPA has determined that the
disapproval action proposed does not
include a Federal mandate that may
result in estimated costs of $100 million
or more to either State, local, or tribal
governments in the aggregate, or to the
private sector. This Federal action
proposes to disapprove a pre-existing
analysis under State or local law, and
imposes no new requirements.
Accordingly, no additional costs to
State, local, or tribal governments, or to
the private sector, result from this
action.
E. Executive Order 13132, Federalism
Federalism (64 FR 43255, August 10,
1999) revokes and replaces Executive
Orders 12612 (Federalism) and 12875
(Enhancing the Intergovernmental
Partnership). 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
various levels of government.’’ Under
Executive Order 13132, EPA may not
issue a regulation that has federalism
implications, that imposes substantial
direct compliance costs, and that is not
required by statute, unless the Federal
government provides the funds
necessary to pay the direct compliance
costs incurred by State and local
governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation.
This rulemaking 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, because it
merely disapproves a state analysis, and
does not alter the relationship or the
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distribution of power and
responsibilities established in the Clean
Air Act. Thus, the requirements of
section 6 of the Executive Order do not
apply to this rulemaking.
F. Executive Order 13175, Coordination
With Indian Tribal Governments
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), 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 proposed rule
disapproval does not have tribal
implications, as specified in Executive
Order 13175. It 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. Thus,
Executive Order 13175 does not apply
to this rule disapproval.
EPA specifically solicits additional
comment on this proposed rule
disapproval from tribal officials.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
EPA interprets Executive Order 13045
(62 FR 19885, April 23, 1997) as
applying only to those regulatory
actions that concern health or safety
risks, such that the analysis required
under section 5–501 of the Executive
Order has the potential to influence the
regulation. This rulemaking is not
subject to Executive Order 13045,
because it disapproves a state analysis.
H. Executive Order 13211, Actions that
Significantly Affect Energy Supply,
Distribution, or Use
This rulemaking 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 action under Executive Order
12866.
I. National Technology Transfer and
Advancement Act
Section 12 of the National Technology
Transfer and Advancement Act
(NTTAA) of 1995 requires Federal
agencies to evaluate existing technical
standards when developing a new
regulation. To comply with NTTAA,
EPA must consider and use ‘‘voluntary
consensus standards’’ (VCS) if available
and applicable when developing
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48169
programs and policies unless doing so
would be inconsistent with applicable
law or otherwise impractical.
The EPA believes that VCS are
inapplicable to this action. Today’s
action does not require the public to
perform activities conducive to the use
of VCS.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Intergovernmental
relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: August 7, 2008.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E8–19073 Filed 8–15–08; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. B–7795]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule; correction.
AGENCY:
SUMMARY: On July 23, 2008, FEMA
published in the Federal Register a
proposed rule that contained an
erroneous table. This notice provides
corrections to that table, to be used in
lieu of the information published at 73
FR 42755. The table provided here
represents the flooding source, location
of referenced elevation, effective and
modified elevation, and communities
affected for Alameda County, California.
Specifically, it addresses Castro Valley
Creek (Line J).
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3151 or (e-mail)
bill.blanton@dhs.gov.
The
Federal Emergency Management Agency
(FEMA) publishes proposed
determinations of Base (1% annualchance) Flood Elevations (BFEs) and
modified BFEs for communities
SUPPLEMENTARY INFORMATION:
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48170
Federal Register / Vol. 73, No. 160 / Monday, August 18, 2008 / Proposed Rules
participating in the National Flood
Insurance Program (NFIP), 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
Flooding source(s)
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.
Correction
In the proposed rule published at 73
FR 42755 in the July 23, 2008, issue of
the Federal Register, FEMA published a
table under the authority of 44 CFR
67.4. The table, entitled ‘‘Alameda
County, California, and Incorporated
Areas’’ addressed Castro Valley Creek
(Line J). That table contained inaccurate
information as to the location of
referenced elevation, effective and
modified elevation in feet, or
communities affected for these flooding
sources. In this notice, FEMA is
publishing a table containing the
accurate information, to address these
prior errors. The information provided
below should be used in lieu of that
previously published.
*Elevation in feet (NGVD)
+Elevation in feet (NAVD)
# Depth in feet above
ground
Location of referenced elevation
Effective
Communities affected
Modified
Alameda County, California and Incorporated Areas
Castro Valley Creek (Line J)
At the confluence with Castro Valley Creek (Line I) ....
+165
+164
Approximately 70 feet upstream of Seaview Avenue ..
None
+332
Dated: August 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–19012 Filed 8–15–08; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
[Docket No. FEMA–B–1000]
Proposed Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Proposed rule.
rwilkins on PROD1PC63 with PROPOSALS
AGENCY:
SUMMARY: Comments are requested on
the proposed Base (1 percent annualchance) Flood Elevations (BFEs) and
proposed BFE modifications for the
communities listed in the table below.
The purpose of this notice is to seek
general information and comment
regarding the proposed regulatory flood
elevations for the reach described by the
downstream and upstream locations in
the table below. The BFEs and modified
BFEs are a part of the floodplain
management measures that the
community is required either to adopt
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or show evidence of having in effect in
order to qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP). In addition,
these elevations, once finalized, will be
used by insurance agents, and others to
calculate appropriate flood insurance
premium rates for new buildings and
the contents in those buildings.
DATES: Comments are to be submitted
on or before November 17, 2008.
ADDRESSES: The corresponding
preliminary Flood Insurance Rate Map
(FIRM) for the proposed BFEs for each
community are available for inspection
at the community’s map repository. The
respective addresses are listed in the
table below.
You may submit comments, identified
by Docket No. FEMA–B–1000, to
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3151, or (e-mail)
bill.blanton@dhs.gov.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–3151 or (e-mail)
bill.blanton@dhs.gov.
The
Federal Emergency Management Agency
(FEMA) proposes to make
SUPPLEMENTARY INFORMATION:
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Unincorporated Areas of
Alameda County.
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.
Comments on any aspect of the Flood
Insurance Study and FIRM, other than
the proposed BFEs, will be considered.
A letter acknowledging receipt of any
comments will not be sent.
Administrative Procedure Act
Statement. This matter is not a
rulemaking governed by the
Administrative Procedure Act (APA), 5
U.S.C. 553. FEMA publishes flood
elevation determinations for notice and
comment; however, they are governed
by the Flood Disaster Protection Act of
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]]>Agencies
[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Proposed Rules]
[Pages 48169-48170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-19012]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 67
[Docket No. B-7795]
Proposed Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Proposed rule; correction.
-----------------------------------------------------------------------
SUMMARY: On July 23, 2008, FEMA published in the Federal Register a
proposed rule that contained an erroneous table. This notice provides
corrections to that table, to be used in lieu of the information
published at 73 FR 42755. The table provided here represents the
flooding source, location of referenced elevation, effective and
modified elevation, and communities affected for Alameda County,
California. Specifically, it addresses Castro Valley Creek (Line J).
FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., Chief,
Engineering Management Branch, Mitigation Directorate, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472,
(202) 646-3151 or (e-mail) bill.blanton@dhs.gov.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) publishes proposed determinations of Base (1% annual-chance)
Flood Elevations (BFEs) and modified BFEs for communities
[[Page 48170]]
participating in the National Flood Insurance Program (NFIP), 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.
Correction
In the proposed rule published at 73 FR 42755 in the July 23, 2008,
issue of the Federal Register, FEMA published a table under the
authority of 44 CFR 67.4. The table, entitled ``Alameda County,
California, and Incorporated Areas'' addressed Castro Valley Creek
(Line J). That table contained inaccurate information as to the
location of referenced elevation, effective and modified elevation in
feet, or communities affected for these flooding sources. In this
notice, FEMA is publishing a table containing the accurate information,
to address these prior errors. The information provided below should be
used in lieu of that previously published.
----------------------------------------------------------------------------------------------------------------
*Elevation in feet
(NGVD) +Elevation in
feet (NAVD)
Flooding source(s) Location of referenced Depth in feet above Communities affected
elevation ground
--------------------------
Effective Modified
----------------------------------------------------------------------------------------------------------------
Alameda County, California and Incorporated Areas
----------------------------------------------------------------------------------------------------------------
Castro Valley Creek (Line J)........ At the confluence with +165 +164 Unincorporated Areas of
Castro Valley Creek Alameda County.
(Line I).
Approximately 70 feet None +332
upstream of Seaview
Avenue.
----------------------------------------------------------------------------------------------------------------
Dated: August 8, 2008.
David I. Maurstad,
Federal Insurance Administrator of the National Flood Insurance
Program, Department of Homeland Security, Federal Emergency Management
Agency.
[FR Doc. E8-19012 Filed 8-15-08; 8:45 am]
BILLING CODE 9110-12-P
