Changes in Flood Elevation Determinations, 44497-44498 [2012-18493]
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Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
G. Executive Order 13045 (Protection of
Children From Environmental Health
and Safety Risks)
This rule is not subject to Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), because it is not
economically significant as defined in
Executive Order 12866, and the EPA has
no reason to believe the environmental
health or safety risks addressed by this
rule present a disproportionate risk to
children.
populations and low-income
populations in the United States.
The EPA has determined that this rule
will not have disproportionately high
and adverse human health or
environmental effects on minority or
low-income populations because it
merely removes regulations that were
vacated by the U.S. Court of Appeals
and, therefore, does not affect the level
of protection provided to human health
or the environment.
H. Executive Order 13211 (Actions That
Significantly Affect Energy Supply,
Distribution, or Use)
This rule 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.
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. Section 808 allows
the issuing agency to make a rule
effective sooner than otherwise
provided by the CRA if the agency
makes a good cause finding that notice
and public procedure is impracticable,
unnecessary or contrary to the public
interest. This determination must be
supported by a brief statement. 5 U.S.C.
808(2). As stated previously, EPA has
made such a good cause finding,
including the reasons therefor, and
established an effective date of July 30,
2012. 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 action is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
tkelley on DSK3SPTVN1PROD with RULES
I. National Technology Transfer and
Advancement Act
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, 12(d) (15 U.S.C. 272 note)
directs the EPA to use voluntary
consensus standards 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 voluntary consensus
standards bodies. NTTAA directs the
EPA to provide Congress, through the
Office of Management and Budget,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
This rule does not involve technical
standards. Therefore, the EPA did not
consider the use of any voluntary
consensus standards.
J. Executive Order 12898 (Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations)
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Its main provision directs
Federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
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15:44 Jul 27, 2012
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K. Congressional Review Act
V. Statutory Authority
This rule is issued under the authority
of sections 101, 301, 304, 306, 308, 402,
and 501 of the CWA. 33 U.S.C. 1251,
1311, 1314, 1316, 1317, 1318, 1342, and
1361.
List of Subjects in 40 CFR Part 122
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous substances, Reporting and
recordkeeping requirements, Water
pollution control.
Dated: July 19, 2012.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, 40 CFR part 122 is amended
as follows:
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44497
PART 122—EPA ADMINISTERED
PERMIT PROGRAMS: THE NATIONAL
POLLUTANT DISCHARGE
ELIMINATION SYSTEM
1. The authority citation for part 122
continues to read as follows:
■
Authority: The Clean Water Act, 33 U.S.C.
1251 et seq.
2. Section 122.23 is amended as
follows:
■ a. By revising the heading of
paragraph (d).
■ b. By revising paragraph (d)(1).
■ c. By revising paragraph (f).
■ d. By removing and reserving
paragraph (g).
■ e. By removing paragraphs (i) and (j).
■
§ 122.23 Concentrated animal feeding
operations (applicable to State NPDES
programs, see § 123.25).
*
*
*
*
*
(d) NPDES permit authorization.—(1)
Permit Requirement. A CAFO must not
discharge unless the discharge is
authorized by an NPDES permit. In
order to obtain authorization under an
NPDES permit, the CAFO owner or
operator must either apply for an
individual NPDES permit or submit a
notice of intent for coverage under an
NPDES general permit.
*
*
*
*
*
(f) By when must the owner or
operator of a CAFO have an NPDES
permit if it discharges? A CAFO must be
covered by a permit at the time that it
discharges.
*
*
*
*
*
[FR Doc. 2012–18378 Filed 7–27–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–B–1260]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
SUMMARY:
E:\FR\FM\30JYR1.SGM
30JYR1
44498
Federal Register / Vol. 77, No. 146 / Monday, July 30, 2012 / Rules and Regulations
These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Deputy Associate Administrator for
Mitigation reconsider the changes. The
modified BFEs may be changed during
the 90-day period.
ADDRESSES: The modified 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: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
DATES:
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified 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
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These 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. The
changes in BFEs are in accordance with
44 CFR 65.4.
National Environmental Policy Act.
This interim 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
interim 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 interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This interim rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended to read as follows:
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
State and county
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Florida: Sumter ........
Unincorporated
areas of Sumter
County (11–04–
4816P).
Town of Chapel Hill
(10–04–6903P).
Sept. 22, 2011, Sept. 29, 2011,
The Sumter County Times.
Jan. 27, 2012 .................
120296
Mar. 29, 2012 .................
370180
City of San Antonio
(11–06–2247P).
Nov. 28, 2011, Dec. 5, 2011,
The San Antonio ExpressNews.
The Honorable Don Burgess, Chairman,
Sumter County Board of Commissioners, 7375 Powell Road, Wildwood,
FL 34785.
The Honorable Mark Kleinschmidt, Mayor,
Town of Chapel Hill, 405 Martin Luther
King, Jr. Boulevard, Chapel Hill, NC
27514.
The Honorable Julian Castro, Mayor, City
of San Antonio, 100 Military Plaza, San
Antonio, TX 78205.
Dec. 21, 2011 .................
480045
North Carolina: Orange.
Texas: Bexar ...........
Nov. 23, 2011, Nov. 30, 2011,
The Chapel Hill Herald.
tkelley on DSK3SPTVN1PROD with RULES
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: July 12, 2012.
Sandra K. Knight,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2012–18493 Filed 7–27–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2012–0003]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
AGENCY:
VerDate Mar<15>2010
15:44 Jul 27, 2012
Jkt 226001
PO 00000
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Fmt 4700
Sfmt 4700
ACTION:
Community
No.
Final rule.
Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
SUMMARY:
The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
DATES:
E:\FR\FM\30JYR1.SGM
30JYR1
]]>Agencies
[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Rules and Regulations]
[Pages 44497-44498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18493]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 65
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-B-1260]
Changes in Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: This interim rule lists communities where modification of the
Base (1% annual-chance) Flood Elevations (BFEs) is appropriate because
of new scientific or technical data. New flood insurance premium rates
will be calculated from the modified BFEs for new buildings and their
contents.
[[Page 44498]]
DATES: These modified BFEs are currently in effect on the dates listed
in the table below and revise the Flood Insurance Rate Maps (FIRMs) in
effect prior to this determination for the listed communities.
From the date of the second publication of these changes in a
newspaper of local circulation, any person has ninety (90) days in
which to request through the community that the Deputy Associate
Administrator for Mitigation reconsider the changes. The modified BFEs
may be changed during the 90-day period.
ADDRESSES: The modified 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: Luis Rodriguez, Chief, Engineering
Management Branch, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, 500 C Street SW., Washington, DC
20472, (202) 646-4064, or (email) Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The modified BFEs are not listed for each
community in this interim rule. However, the address of the Chief
Executive Officer of the community where the modified BFE
determinations are available for inspection is provided.
Any request for reconsideration must be based on knowledge of
changed conditions or new scientific or technical data.
The modifications are made pursuant to section 201 of the Flood
Disaster Protection Act of 1973, 42 U.S.C. 4105, and are in accordance
with the National Flood Insurance Act of 1968, 42 U.S.C. 4001 et seq.,
and with 44 CFR part 65.
For rating purposes, the currently effective community number is
shown and must be used for all new policies and renewals.
The modified 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 to remain
qualified for participation in the National Flood Insurance Program
(NFIP).
These 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. The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act. This interim 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 interim 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 interim rule involves no
policies that have federalism implications under Executive Order 13132,
Federalism.
Executive Order 12988, Civil Justice Reform. This interim rule
meets the applicable standards of Executive Order 12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains, Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is amended to read as follows:
PART 65--[AMENDED]
0
1. The authority citation for part 65 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. 65.4 [Amended]
0
2. The tables published under the authority of Sec. 65.4 are amended
as follows:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date and name of
State and county Location and case No. newspaper where Chief executive officer Effective date of modification Community
notice was published of community No.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Florida: Sumter................... Unincorporated areas Sept. 22, 2011, The Honorable Don Jan. 27, 2012.................. 120296
of Sumter County (11- Sept. 29, 2011, The Burgess, Chairman,
04-4816P). Sumter County Times. Sumter County Board of
Commissioners, 7375
Powell Road, Wildwood,
FL 34785.
North Carolina: Orange............ Town of Chapel Hill Nov. 23, 2011, Nov. The Honorable Mark Mar. 29, 2012.................. 370180
(10-04-6903P). 30, 2011, The Kleinschmidt, Mayor,
Chapel Hill Herald. Town of Chapel Hill, 405
Martin Luther King, Jr.
Boulevard, Chapel Hill,
NC 27514.
Texas: Bexar...................... City of San Antonio Nov. 28, 2011, Dec. The Honorable Julian Dec. 21, 2011.................. 480045
(11-06-2247P). 5, 2011, The San Castro, Mayor, City of
Antonio Express- San Antonio, 100
News. Military Plaza, San
Antonio, TX 78205.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')
Dated: July 12, 2012.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2012-18493 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-12-P
