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Federal Register / Vol. 62, No. 135 / Tuesday, July 15, 1997 / Proposed

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Federal Register / Vol. 62, No. 135 / Tuesday, July 15, 1997 / Proposed 37834 Federal Register / Vol. 62, No. 135 / Tuesday, July 15, 1997 / Proposed Rules more time to respond to the PK comment on the HAPs proposed rule as SUMMARY: Technical information or proposals and to finalize the test an activity separate from the PK comments are requested on the guidelines to be referenced in the proposal/ECA process. proposed base (1% annual chance) flood proposed HAPs test rule. elevations and proposed base flood II. Public Record The proposed HAPs rule published on elevation modifications for the June 26, 1996 (61 FR 33178) provides The official record for this communities listed below. The base that testing would be conducted using rulemaking, as well as the public flood elevations are the basis for the the harmonized guidelines developed version, has been established for this floodplain management measures that by the Office of Prevention, Pesticides rulemaking under docket control the community is required either to and Toxic Substances (OPPTS) that number [OPPTS±42187A; FRL±4869±1] adopt or to show evidence of being were published as public drafts on June (including comments and data already in effect in order to qualify or 20, 1996 (61 FR 31522)(FRL±5367±7). submitted electronically as described remain qualified for participation in the The process of developing these below). A public version of this record, National Flood Insurance Program harmonized guidelines is proceeding at including printed, paper versions of (NFIP). the same time as the development of the electronic comments, which does not DATES: The comment period is ninety HAPs test rule. For the purposes of the include any information claimed as CBI, (90) days following the second proposed HAPs test rule and testing is available for inspection from 12 noon publication of this proposed rule in a under TSCA section 4(a), the Office of to 4 p.m., Monday through Friday, newspaper of local circulation in each Pollution Prevention and Toxics (OPPT) excluding legal holidays. The official community. intends to publish final TSCA test rulemaking record is located at the ADDRESSES: The proposed base flood guidelines developed from the OPPTS address in ``ADDRESSES'' at the elevations for each community are harmonized guidelines. The Agency beginning of this document. available for inspection at the office of will solicit public comment on the Electronic comments can be sent the Chief Executive Officer of each applicability of the test guidelines as directly to EPA at: community. The respective addresses they are cross-referenced in the HAPs [email protected] rule and will follow this practice with are listed in the following table. Electronic comments must be FOR FURTHER INFORMATION CONTACT: respect to all future TSCA section 4(a) submitted as an ASCII file avoiding the test rules. These guidelines will be Frederick H. Sharrocks, Jr., Chief, use of special characters and any form Hazard Identification Branch, Mitigation published in the Federal Register as of encryption. Comments and data will soon as possible but in any event no Directorate, 500 C Street SW., also be accepted on disks in Washington, DC 20472, (202) 646±2796. later than August 29, 1997. WordPerfect in 5.1 file format or ASCII SUPPLEMENTARY INFORMATION: The EPA has developed preliminary file format. All comments and data in Federal Emergency Management Agency technical analyses of three PK proposals electronic form must be identified by (FEMA or Agency) proposes to make (hydrogen fluoride, 1,1,2-trichlorethane, the docket control number [OPPTS± determinations of base flood elevations and ethylene dichloride). Copies of 42187A; FRL±4869±1]. Electronic and modified base flood elevations for these preliminary technical analyses comments on the proposed rule may be each community listed below, in have been sent to the submitters and filed online at many Federal Depository accordance with section 110 of the placed in the public record for this Libraries. action (OPPTS±42187B, FRL±4869±1). Flood Disaster Protection Act of 1973, The Agency intends to provide List of Subjects in 40 CFR Part 799 42 U.S.C. 4104, and 44 CFR 67.4(a). comments to the submitters of the other Environmental protection, Chemicals, These proposed base flood and PK proposals as soon as possible but in Hazardous substances, Reporting and modified base flood elevations, together any event prior to the close of the recordkeeping requirements. with the floodplain management criteria comment period. EPA also recognizes required by 44 CFR 60.3, are the that submitters may need to revise their Dated: July 9, 1997. minimum that are required. They proposals based on EPA comments. EPA Charles M. Auer, should not be construed to mean that finds that the public should have the community must change any adequate opportunity to comment on Director, Chemical Control Division, Office existing ordinances that are more of Pollution Prevention and Toxics. the development of ECAs based on the stringent in their floodplain PK proposals. If the Agency decides to Accordingly, EPA is extending the management requirements. The proceed with the ECA process, EPA will comment period on the proposed rule to community may at any time enact announce, in the Federal Register, one September 30, 1997. stricter requirements of its own, or or more public meetings to discuss the pursuant to policies established by other [FR Doc.97±18563 Filed: 7±14±97; 8:45 am] proposals and to negotiate ECAs based Federal, state or regional entities. These on the proposals. In that document, the BILLING CODE 6560±50±F proposed elevations are used to meet Agency will solicit persons interested in the floodplain management participating in or monitoring requirements of the NFIP and are also negotiations for the development of FEDERAL EMERGENCY used to calculate the appropriate flood ECAs based on the revised PK testing MANAGEMENT AGENCY insurance premium rates for new proposals. The procedures for ECA 44 CFR Part 67 buildings built after these elevations are negotiations are described at 40 CFR made final, and for the contents in these 790.22(b). [Docket No. FEMA±7223] buildings. The Agency emphasizes that the submission of proposals to develop Proposed Flood Elevation National Environmental Policy Act ECAs to conduct alternative testing Determinations This proposed rule is categorically using PK is no guarantee that EPA and AGENCY: Federal Emergency excluded from the requirements of 44 the submitters will, in fact, conclude Management Agency, FEMA. CFR Part 10, Environmental such agreements. Therefore, EPA urges Consideration. No environmental ACTION: Proposed rule. all submitters of PK proposals to impact assessment has been prepared. Federal Register / Vol. 62, No. 135 / Tuesday, July 15, 1997 / Proposed Rules 37835 Regulatory Flexibility Act September 30, 1993, Regulatory Accordingly, 44 CFR part 67 is The Executive Associate Director, Planning and Review, 58 FR 51735. proposed to be amended as follows: Mitigation Directorate, certifies that this Executive Order 12612, Federalism PART 67Ð[AMENDED] proposed rule is exempt from the This proposed rule involves no requirements of the Regulatory policies that have federalism 1. The authority citation for part 67 Flexibility Act because proposed or implications under Executive Order continues to read as follows: modified base flood elevations are 12612, Federalism, dated October 26, Authority: 42 U.S.C. 4001 et seq.; required by the Flood Disaster 1987. Protection Act of 1973, 42 U.S.C. 4104, Reorganization Plan No. 3 of 1978, 3 CFR, and are required to establish and Executive Order 12778, Civil Justice 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, maintain community eligibility in the Reform 3 CFR, 1979 Comp., p. 376. National Flood Insurance Program. As a This proposed rule meets the § 67.4 [Amended] result, a regulatory flexibility analysis applicable standards of section 2(b)(2) of has not been prepared. Executive Order 12778. 2. The tables published under the authority of § 67.4 are proposed to be Regulatory Classification List of Subjects in 44 CFR Part 67 amended as follows: This proposed rule is not a significant Administrative practice and regulatory action under the criteria of procedure, Flood insurance, Reporting section 3(f) of Executive Order 12866 of and recordkeeping requirements. # Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified Alabama ................. Chickasaw (City) Chickasaw Creek ............. Downstream side of U.S. Route 43 ......... *10 *11 Mobile County. Upstream side of I±65 .............................. *10 *12 Maps available for inspection at the Chickasaw City Hall, 224 North Craft Highway, Chickasaw, Alabama. Send comments to The Honorable J.C. Davis, Jr., Mayor of the City of Chickasaw, P.O. Box 11307, Chickasaw, Alabama 36671. Alabama ................. Dauphin Island Gulf of Mexico .................. Approximately 570 feet due south of None *9 (Town) Mobile intersection of Audubon and Admiral County. Streets. Approximately 660 feet due south of *9 *12 intersection of Audubon and Admiral Streets. Approximately 700 feet due south of *11 *12 intersection of Audubon and Admiral Streets. Maps available for inspection at the Dauphin Island Town Hall, 1011 Bienville Boulevard, Dauphin Island, Alabama. Send comments to The Honorable William C. Patronas, Mayor of the Town of Dauphin Island, P.O. Box 610, Dauphin Island, Alabama 36528. Alabama ................. Mobile (City) Mobile Bolton Branch East .......... Upstream side of Halls Mill Road ............. *10 *11 County. Approximately 50 feet upstream of Gray- None *27 son Drive. Bolton Branch West ......... At confluence with Montlimer Creek ........ *33 *35 Approximately 130 feet upstream of Uni- None *119 versity Boulevard. Campground Branch ........ Approximately 120 feet downstream of None *36 Girby Road. Approximately 1.1 miles upstream of None *96 Girby Road. Eightmile Creek ................ At the upstream side of Bear Fork Road *40 *43 Approximately 4,450 feet upstream of *42 *43 Bear Fork Road. East Eslava Creek ............ Approximately 400 feet downstream of *10 *11 Government Boulevard (U.S.
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