Professional Documents
Culture Documents
3.565 tpswd for VOC and 4.813 tpswd XII. Statutory and Executive Order Air Act. This proposed rule also is not
for NOX. After partial allocation of the Reviews subject to Executive Order 13045
safety margin to the MVEB (1.321 tpswd Under Executive Order 12866 (58 FR ‘‘Protection of Children from
VOC and 3.142 tpswd NOX), the 51735, October 4, 1993), this proposed Environmental Health Risks and Safety
remaining safety margins are 2.244 action is not a ‘‘significant regulatory Risks’’ (62 FR 19885, April 23, 1997),
tpswd for VOC and 1.671 tpswd for action’’ and therefore is not subject to because it is not economically
NOX. Maine has not yet allocated the review by the Office of Management and significant.
remaining safety margin to any source Budget. For this reason, this action is In reviewing SIP submissions, EPA’s
category under its maintenance plan, also not subject to Executive Order role is to approve state choices,
and the State will need to submit a SIP 13211, ‘‘Actions Concerning Regulations provided that they meet the criteria of
revision to amend its maintenance plan the Clean Air Act. In this context, in the
That Significantly Affect Energy Supply,
if in the future it decides to use any of absence of a prior existing requirement
Distribution, or Use’’ (66 FR 28355, May
the remaining safety margin. The 2016 for the State to use voluntary consensus
22, 2001). This proposed action merely
MVEBs for Midcoast area are approvable standards (VCS), EPA has no authority
proposes to approve state law as
because the MVEBs for NOX and VOC, to disapprove a SIP submission for
meeting Federal requirements and
including the allocated safety margins, failure to use VCS. It would thus be
imposes no additional requirements
when added to all other inventory inconsistent with applicable law for
beyond those imposed by state law.
sources, continue to maintain the total EPA, when it reviews a SIP submission,
Redesignation of an area to attainment
emissions at or below the attainment to use VCS in place of a SIP submission
under section 107(d)(3)(E) of the Clean
year inventory levels as required by the that otherwise satisfies the provisions of
Air Act does not impose any new the Clean Air Act. Redesignation is an
transportation conformity regulations.
requirements on small entities. action that affects the status of a
XI. Proposed Actions on Maine’s Redesignation is an action that affects geographical area but does not impose
Redesignation Requests, 175 the status of a geographical area and any new requirements on sources. Thus,
Maintenance Plan SIP Revisions, and does not impose any new regulatory the requirements of section 12(d) of the
Associated MVEBs requirements on sources. Accordingly, National Technology Transfer and
EPA is proposing to determine that the Administrator certifies that this Advancement Act of 1995 (15 U.S.C.
both the Portland, Maine and the proposed rule will not have a significant 272 note) do not apply. This proposed
Midcoast, Maine, 8-hour ozone economic impact on a substantial rule does not impose an information
nonattainment areas have attained the 8- number of small entities under the collection burden under the provisions
hour ozone NAAQS. EPA is also Regulatory Flexibility Act (5 U.S.C. 601 of the Paperwork Reduction Act of 1995
proposing to approve the redesignation et seq.). Because this rule proposes to (44 U.S.C. 3501 et seq.).
of both the Portland, Maine and the approve pre-existing requirements
Midcoast, Maine 8-hour ozone under state law and does not impose List of Subjects
nonattainment areas from any additional enforceable duty beyond 40 CFR Part 52
nonattainment to attainment for the 8- that required by state law, it does not
contain any unfunded mandate or Environmental protection, Air
hour ozone NAAQS. EPA has evaluated
significantly or uniquely affect small pollution control, Intergovernmental
the State of Maine’s redesignation
governments, as described in the relations, Nitrogen dioxides, Ozone,
requests and determined that they meet
Unfunded Mandates Reform Act of 1995 Reporting and recordkeeping
the redesignation criteria set forth in
(Pub. L. 104–4). requirements, Volatile organic
section 107(d)(3)(E) of the CAA. EPA
This proposed rule also does not have compounds.
believes that the redesignation requests
and monitoring data demonstrate that tribal implications because it will not 40 CFR Part 81
these two areas have attained the 8-hour have a substantial direct effect on one or
Environmental protection, Air
ozone standard. The final approval of more Indian tribes, on the relationship
pollution control, National parks,
this redesignation request would change between the Federal Government and
Wilderness areas.
the official designation for both the Indian tribes, or on the distribution of
Portland, Maine and the Midcoast, power and responsibilities between the Authority: 42 U.S.C. 7401 et seq.
Maine 8-hour ozone nonattainment Federal Government and Indian tribes, Dated: October 8, 2006.
areas from nonattainment to attainment as specified by Executive Order 13175 Robert W. Varney,
for the 8-hour ozone standard. (65 FR 67249, November 9, 2000). This Regional Administrator, EPA New England.
EPA is proposing to approve the action also does not have Federalism [FR Doc. E6–17226 Filed 10–16–06; 8:45 am]
maintenance plan SIP revision and the implications because it does not have BILLING CODE 6560–50–P
2016 MVEBs submitted by Maine for substantial direct effects on the States,
both the Portland, Maine and the on the relationship between the national
Midcoast, Maine 8-hour ozone government and the States, or on the
DEPARTMENT OF HOMELAND
nonattainment areas in conjunction distribution of power and
SECURITY
with the corresponding redesignation responsibilities among the various
requests. EPA is proposing to approve levels of government, as specified in Federal Emergency Management
the maintenance plan for both the Executive Order 13132 (64 FR 43255, Agency
Portland, Maine and the Midcoast, August 10, 1999). This action merely
Maine 8-hour ozone nonattainment proposes to affect the status of a 44 CFR Part 67
areas, because they meet the geographical area, does not impose any
[Docket No. FEMA–D–7676]
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules 60953
Department of Homeland Security, BFEs and modified BFEs for each Act, 5 U.S.C. 601–612, a regulatory
Mitigation Division. community listed below, in accordance flexibility analysis is not required.
ACTION: Proposed rule. with Section 110 of the Flood Disaster Regulatory Classification. This
Protection Act of 1973, 42 U.S.C. 4104, proposed rule is not a significant
SUMMARY: Technical information or and 44 CFR 67.4(a). regulatory action under the criteria of
comments are requested on the These proposed BFEs and modified Section 3(f) of Executive Order 12866 of
proposed Base (1% annual chance) BFEs, together with the floodplain September 30, 1993, Regulatory
Flood Elevations (BFEs) and proposed Planning and Review, 58 FR 51735.
management criteria required by 44 CFR
BFEs modifications for the communities Executive Order 13132, Federalism.
60.3, are the minimum that are required.
listed below. The BFEs are the basis for This rule involves no policies that have
They should not be construed to mean
the floodplain management measures federalism implications under Executive
that the community must change any
that the community is required either to Order 13132.
existing ordinances that are more
adopt or to show evidence of being Executive Order 12988, Civil Justice
stringent in their floodplain
already in effect in order to qualify or Reform. This rule meets the applicable
management requirements. The
remain qualified for participation in the standards of Executive Order 12988.
community may at any time enact
National Flood Insurance Program
stricter requirements of its own, or List of Subjects in 44 CFR Part 67
(NFIP).
pursuant to policies established by other
DATES: The comment period is ninety Federal, state or regional entities. These Administrative practice and
(90) days following the second proposed elevations are used to meet procedure, Flood insurance, Reporting
publication of this proposed rule in a the floodplain management and recordkeeping requirements.
newspaper of local circulation in each requirements of the NFIP and are also Accordingly, 44 CFR part 67 is
community. used to calculate the appropriate flood proposed to be amended as follows:
ADDRESSES: The proposed BFEs for each insurance premium rates for new
community are available for inspection buildings built after these elevations are PART 67—[AMENDED]
at the office of the Chief Executive made final, and for the contents in these
1. The authority citation for part 67
Officer of each community. The buildings.
continues to read as follows:
respective addresses are listed in the National Environmental Policy Act.
table below. This proposed rule is categorically Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
FOR FURTHER INFORMATION CONTACT: excluded from the requirements of 44 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
William R. Blanton, Jr., Engineering CFR Part 10, Environmental 3 CFR, 1979 Comp., p. 376.
Management Section, Mitigation Consideration. No environmental
Division, 500 C Street SW., Washington, impact assessment has been prepared. § 67.4 [Amended]
DC 20472, (202) 646–3151. Regulatory Flexibility Act. As flood 2. The tables published under the
SUPPLEMENTARY INFORMATION: FEMA elevation determinations are not within authority of § 67.4 are proposed to be
proposes to make determinations of the scope of the Regulatory Flexibility amended as follows:
Effective Modified
Beaver Branch ...................... At the confluence with Lambert Creek ......................... None +1,087 Unincorporated Areas of
Alexander County.
Approximately 500 feet upstream of SR 1307 ............. None +1,161
Big Branch ............................ At the confluence with Elk Shoals Creek ..................... None +894 Unincorporated Areas of
Alexander County.
Approximately 600 feet upstream of SR 1619 ............. None +1,057
Catawba River ...................... Approximately 1.0 mile upstream of the confluence of None +848 Unincorporated Areas of
Elk Shoals Creek. Alexander County.
At the Alexander/Caldwell County boundary ............... None +936
Duck Creek ........................... At the confluence of Middle Little River ....................... None +1,036 Unincorporated Areas of
Alexander County.
At the confluence with Holsclaw Creek ........................ None +1,157
Elk Shoals Creek .................. Approximately 0.5 mile upstream of the confluence None +848 Unincorporated Areas of
with Catawba River. Alexander County.
Approximately 400 feet upstream of SR 1631 ............. None +989
Tributary 1 ...................... At the confluence with Elk Shoals Creek ..................... None +883 Unincorporated Areas of
Alexander County.
Approximately 0.5 mile upstream of the confluence None +896
with Elk Shoals Creek.
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Tributary 2 ...................... At the confluence with Elk Shoals Creek ..................... None +889 Unincorporated Areas of
Alexander County.
Approximately 0.5 mile upstream of the confluence of None +903
Elk Shoals Creek.
Glade Creek .......................... At the confluence with Lower Little River ..................... None +901 Unincorporated Areas of
Alexander County.
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60954 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules
Effective Modified
Alexander County.
At the Alexander/Caldwell County boundary ............... None +1,295
Tributary 2 ...................... At the confluence with Middle Little River .................... None +1,030 Unincorporated Areas of
Alexander County.
Approximately 0.7 mile upstream of the confluence None +1,036
with Middle Little River.
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules 60955
Effective Modified
Mountain Creek ..................... Approximately 0.8 mile upstream of the confluence +935 +936 Unincorporated Areas of
with Middle Little River. Alexander County.
Approximately 200 feet upstream of SR 1150 ............. None +1,057
Muddy Fork Creek ................ At the confluence with Lower Little River ..................... None +1,063 Unincorporated Areas of
Alexander County, Town
of Taylorsville.
Approximately 1.3 miles upstream of SR 1409 ........... None +1,108
Tributary 1 ...................... At the confluence with Muddy Fork Creek ................... None +1,076 Unincorporated Areas of
Alexander County, Town
of Taylorsville.
Approximately 1.6 miles upstream of Old Wikesboro None +1,181 Town of Taylorsville
Road.
Poplar Creek ......................... At the confluence with Lambert Creek ......................... None +1,176 Unincorporated Areas of
Alexander County.
Approximately 0.5 mile upstream of SR 1305 ............. None +1,199
Rock Creek ........................... At the confluence with Middle Little River .................... None +957 Unincorporated Areas of
Alexander County.
At the confluence of Jumping Run ............................... None +983
Tributary 1 ...................... At the confluence with Rock Creek .............................. None +957 Unincorporated Areas of
Alexander County.
Approximately 1,000 feet upstream of the confluence None +958
with Rock Creek.
Spring Creek ......................... At the confluence with Lower Little River ..................... None +1,047 Unincorporated Areas of
Alexander County.
Approximately 1.7 miles upstream of SR 1121 ........... None +1,121
Stirewalt Creek ...................... At the confluence with Lower Little River ..................... None +983 Unincorporated Areas of
Alexander County.
Approximately 750 feet upstream of East Main Ave- None +1,241 Town of Taylorsville.
nue.
Upper Little River .................. At the confluence with Catawba River ......................... None +936 Unincorpoated Areas of Al-
exander County.
Approximately 1,600 feet upstream of Alexander/ None +971
Caldwell County boundary.
White Creek .......................... At the confluence with Holsclaw Creek ........................ None +1,157 Unincorporated Areas of
Alexander County.
Approximately 0.9 mile upstream of SR 1303 ............. None +1,270
Anthony Creek ...................... Approximately 140 feet upstream of Anthony Creek None +1,720 Avery County (Unincor-
Road (SR 1362). porated Areas).
Approximately 1,100 feet upstream of Anthony Creek None +1,753
Road (SR 1362).
Bill White Creek .................... At the confluence with Linville River ............................ None +3,274 Avery County (Unincor-
porated Areas).
Approximately 1.2 miles upstream of the confluence None +3,331
with Linville River.
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Cary Flat Branch ................... At the confluence with Wilson Creek ........................... None +2,047 Avery County (Unincor-
porated Areas).
Approximately 720 feet upstream of the confluence None +2,057
with Wilson Creek.
Clark Branch ......................... At the confluence with Mill Timber Creek .................... None +3,325 Avery County (Unincor-
porated Areas).
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60956 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules
Effective Modified
Send comments to Mr. Kenny Poteat, Chairman of the Avery County Board of Commissioners, P.O. Box 640, Newland, North Carolina 28657.
Back Creek ........................... At the confluence with Irish Creek ............................... None +1,116 Unincorporated Areas of
Burke County.
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules 60957
Effective Modified
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60958 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules
Effective Modified
Burke County.
Approximately 400 feet upstream of SR 1904 ............. None +1,194
Johns River ........................... At the confluence with Catawba River ......................... +1,004 +1,013 Unincorporated Areas of
Burke County, City of
Morganton.
At Burke/Caldwell County boundary ............................ None +1,053
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules 60959
Effective Modified
Laurel Creek ......................... At the confluence with Henry Fork ............................... None +1,015 Unicorporated Areas of
Burke County.
Approximately 1.2 miles upstream of Shouppe Way ... None +1,302
Linville River .......................... At the confluence with Catawba River ......................... None +1,206 Unicorporated Area of
Burke County.
At Avery/Burke County boundary ................................. None +3,215
Little Silver Creek .................. Approximately 0.6 mile upstream of Causby Road None +1,115 Unicorporated Areas of
(SR 1147). Burke County, City of
Morganton, Town of
Glen Alpine
Approximately 1.1 miles upstream of Ceramic Tile None +1,126
Drive.
Lower Creek .......................... At the confluence with Catawba River ......................... None +1,011 Unincorporated Areas of
Burke County.
At Burke/Caldwell County boundary ............................ None +1,028
McGalliard Creek .................. At the confluence with Catawba River ......................... None +1,005 Unincorporated Areas of
Burke County, Town of
Valdese.
Approximately 450 feet upstream of SR 1722 ............. None +1,212
Tributary 1 ...................... Approximately 300 feet upstream of the confluence None +1,062 Unincorporated Areas of
with McGalliard Creek. Burke County, Town of
Valdese.
Approximately 1,900 feet upstream of Louise Avenue None +1,232
Northeast.
Tributary 2 ...................... Approximately 100 feet upstream of the confluence None +1,089 Unincorporated Areas of
with McGalliard Creek. Burke County, Town of
Drexel.
Approximately 650 feet downstream of I–40 ............... None +1,250
Tributary 2A ................... At the confluence with McGalliard Creek Tributary 2 .. None +1,110 Unincorporated Areas of
Burke County, Town of
Drexel.
Approximately 800 feet upstream of Drexel Road ....... None +1,164
Tributary 2B ................... At the confluence with McGalliard Creek Tributary 2 .. None +1,149 Unincorporated Areas of
Burke County, Town of
Drexel.
Approximately 200 feet downstream of SR 1721 ........ None +1,205
Micol Creek ........................... At the confluence with Hoyle Creek ............................. None +1,068 Unincorporated Areas of
Burke County, Town of
Valdese.
Approximately 300 feet downstream of I–40 ............... None +1,252
Tributary 1 ...................... At the confluence with Micol Creek .............................. None +1,117 Unincorporated Areas of
Burke County, Town of
Rutherford College,
Town of Valdese.
Approximately 0.5 mile upstream of Montanya View None +1,526
Drive.
Tributary 1A ................... At the confluence with Micol Creek Tributary 1 ........... None +1,165 Unincorporated Areas of
Burke County, Town of
Rutherford College,
Town of Valdese.
Approximately 100 feet downstream of SR 1001 ........ None +1,229
Tributary 1A1 ................. At the confluence with Micol Creek Tributary 1A ......... None +1,169 Unincorporated Areas of
Burke County, Town of
Rutherford College.
Approximately 1,800 feet upstream of Rutherford Col- None +1,229
lege Road.
Muddy Creek ......................... At the confluence with Old Catawba River .................. None +1,083 Unincorporated Areas of
Burke County.
Approximately 0.4 mile upstream of Burke/McDowell None +1,089
County boundary.
Nolden Creek ........................ Approximately 1.0 mile upstream of the confluence None +1,004 Unincorporated Areas of
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60960 Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules
Effective Modified
Paddy Creek ......................... At the confluence with Catawba River ......................... None +1,206 Unincorporated Areas of
Burke County.
Approximately 2.9 miles upstream of SR 1237 ........... None +1,815
Parks Creek .......................... At the confluence with Johns River .............................. None +1,044 Unincorporated Areas of
Burke County.
Approximately 100 feet downstream of SR 1405 ........ None +1,050
Pearcy Creek ........................ At the confluence with Parks Creek ............................. None +1,046 Unincorporated Areas of
Burke County.
Approximately 1.1 miles upstream of SR 1405 ........... None +1,154
Tributary 1 ...................... At the confluence with Pearcy Creek ........................... None +1,077 Unincorporated Areas of
Burke County.
Approximately 50 feet downstream of SR 1405 .......... None +1,116
Reedys Fork Creek ............... At the confluence with Irish Creek ............................... None +1,141 Unincorporated Areas of
Burke County.
Approximately 0.5 mile upstream of the confluence None +1,159
with Irish Creek.
Roses Creek ......................... At the confluence with Irish Creek ............................... None +1,057 Unincorporated Areas of
Burke County.
Approximately 0.6 mile upstream of the confluence of None +1,345
Roses Creek Tributary 1.
Tributary 1 ...................... At the confluence with Roses Creek ............................ None +1,297 Unincorporated Areas of
Burke County.
Approximately 0.6 mile upstream of the confluence None +1,382
with Roses Creek.
Russell Creek ........................ At the confluence with Irish Creek ............................... None +1,115 Unincorporated Areas of
Burke County.
Approximately 1,550 feet upstream of SR 1241 .......... None +1,209
Secrets Creek ....................... Approximately 150 feet upstream of the confluence None +1,011 Unincorporated Areas of
with Howard Creek. Burke County, Town of
Drexel.
Approximately 0.7 mile upstream of South Main None +1,213
Street.
Silver Creek .......................... At the confluence with Catawba River ......................... +1,022 +1,023 Unincorporated Areas of
Burke County, City of
Morganton.
Approximately 1,900 feet upstream of U.S. 64 ............ None +1,226
Tributary 1 ............................. At the confluence with Silver Creek ............................. +1,022 +1,023 City of Morganton.
Approximately 1,050 feet upstream of Golf Course None +1,025
Road.
Simpson Creek ..................... At the confluence with Roses Creek ............................ None +1,089 Unincorporated Areas of
Burke County.
Approximately 1.5 miles upstream of the confluence None +1,185
with Roses Creek.
Smokey Creek ...................... At the confluence with Catawba River ......................... None +1,006 Unincorporated Areas of
Burke County.
At Burke/Caldwell County boundary ............................ None +1,100
Tributary 1 ...................... At the confluence with Smokey Creek ......................... None +1,043 Unincorporated Areas of
Burke County.
Approximately 0.4 mile upstream of the confluence None +1,079
with Smokey Creek.
South Muddy Creek .............. Approximately 1,200 feet downstream of Burke/ None +1,092 Unincorporated Areas of
McDowell County boundary. Burke County.
At Burke/McDowell County boundary .......................... None +1,098
Tributary 1 ...................... At Burke/McDowell County boundary .......................... None +1,121 Unincorporated Areas of
Burke County.
Approximately 1,000 feet upstream of Burke/ None +1,144
McDowell County boundary.
Tims Creek ............................ At the confluence with Henry Fork ............................... None +977 Unincorporated Areas of
Burke County.
Approximately 1.6 miles upstream of SR 1786 ........... None +1,234
Upper Creek .......................... At the confluence with Warrior Fork and Irish Creek ... None +1,030 Unincorporated Areas of
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Burke County.
Approximately 0.5 mile upstream of SR 1405 ............. None +1,093
Warrior Fork .......................... At the confluence with Catawba River ......................... +1,013 +1,018 Unincorporated Areas of
Burke County, City of
Morganton.
At the confluence of Upper Creek and Irish Creek ...... None +1,030
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Proposed Rules 60961
Effective Modified
Wilson Creek ......................... At the confluence with Warrior Fork ............................. +1,013 +1,018 Unincorporated Areas of
Burke County, City of
Morganton.
Approximately 0.7 mile upstream of the confluence +1,017 +1,018
with Warrior Fork.
(Catalog of Federal Domestic Assistance No. DEPARTMENT OF HOMELAND ACTION: Proposed rule.
83.100, ‘‘Flood Insurance.’’) SECURITY
Dated: October 4, 2006. SUMMARY: Technical information or
Federal Emergency Management comments are requested on the
David I. Maurstad,
Agency proposed Base (1% annual chance)
Director, Mitigation Division, Federal
Emergency Management Agency, Department Flood Elevations (BFEs) and proposed
44 CFR Part 67 BFEs modifications for the communities
of Homeland Security.
[FR Doc. E6–17254 Filed 10–16–06; 8:45 am] listed below. The BFEs are the basis for
[Docket No. FEMA–P–7917] the floodplain management measures
BILLING CODE 9110–12–P
Proposed Flood Elevation that the community is required either to
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