Proposed Flood Elevation Determinations, 48169-48170 [E8-19012]

Download as PDF 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 VerDate Aug<31>2005 16:51 Aug 15, 2008 Jkt 214001 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 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 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: E:\FR\FM\18AUP1.SGM 18AUP1 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 VerDate Aug<31>2005 16:51 Aug 15, 2008 Jkt 214001 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: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 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 E:\FR\FM\18AUP1.SGM 18AUP1

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]


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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