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Federal Register/Vol. 67, No. 80/Thursday, April 25

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Federal Register/Vol. 67, No. 80/Thursday, April 25 20446 Federal Register / Vol. 67, No. 80 / Thursday, April 25, 2002 / Rules and Regulations Accounting Office. This Rule is not a ENVIRONMENTAL PROTECTION proposed rule also published on major Rule within the meaning of AGENCY February 27, 2002. EPA will not provide Section 804(2) of the Administrative for additional public comment during Procedure Act, as amended. 40 CFR Part 271 the final action. List of Subjects in 33 CFR Part 334 [FRL–7201–1] Dated: April 18, 2002. James W. Newsom, Danger zones, Marine safety, Delaware: Final Authorization of State Acting Regional Administrator, EPA Region Navigation (water), Restricted Areas, Hazardous Waste Management III. Waterways. Program Revision [FR Doc. 02–10169 Filed 4–24–02; 8:45 am] For the reasons set out in the AGENCY: Environmental Protection BILLING CODE 6560–50–P preamble, the Corps proposes to amend Agency (EPA). 33 CFR Part 334 as follows: ACTION: Withdrawal of Immediate Final Rule. FEDERAL EMERGENCY PART 334—DANGER ZONE AND MANAGEMENT AGENCY RESTRICTED AREA REGULATIONS SUMMARY: EPA is withdrawing the immediate final rule for Delaware: Final 44 CFR Part 67 1. The authority citation for part 334 Authorization of State Hazardous Waste continues to read as follows: Management Program Revision Final Flood Elevation Determinations published on February 27, 2002, which Authority: 33 U.S.C. 1 and 33 U.S.C. 3. AGENCY: Federal Emergency authorized changes to Delaware’s Management Agency (FEMA). hazardous waste program under the 2. Section 334.45 is added to read as ACTION: Final rule. follows: § 334.45 Kennebec River, Bath Resource Conservation and Recovery Iron Works Shipyard, Naval Restricted Act (RCRA). EPA stated in the SUMMARY: Base (1% annual chance) Area, Bath, Maine. immediate final rule that if EPA Flood Elevations (BFEs) and modified received written comments that oppose (a) The area. The waters within a BFEs are made final for the this authorization during the comment communities listed below. The BFEs coffin shaped area on the west side of period, EPA would publish a timely the river south of the Carlton (Route 1) and modified BFEs are the basis for the notice of withdrawal in the Federal floodplain management measures that highway bridge beginning on the Register. Since EPA did receive ° ′ ″ each community is required either to western shore at latitude 43 54 40.7 N, comments that oppose this ° ′ ″ adopt or to show evidence of being longitude 069 48 44.8 W; thence authorization, EPA is withdrawing the ° ′ ″ already in effect in order to qualify or easterly to latitude 43 54 40.7 N, immediate final rule. EPA will address ° ′ ″ remain qualified for participation in the longitude 069 48 36.8 W; thence these comments in a subsequent final ° ′ ″ National Flood Insurance Program southeasterly to latitude 43 54 10.4 N, action based on the proposed rule also ° ′ ″ (NFIP). longitude 069 48 34.7 W; thence published on February 27, 2002, at 67 southwesterly to latitude 43°53′55.1″ N, FR 8925. EFFECTIVE DATE: The date of issuance of ° ′ ″ the Flood Insurance Rate Map (FIRM) longitude 069 48 39.1 W; thence DATES: As of April 25, 2002, EPA westerly to latitude 43°53′55.1″ N, showing BFEs and modified BFEs for ° ′ ″ withdraws the immediate final rule longitude 69 48 51.8 W; thence published on February 27, 2002, at 67 each community. This date may be northerly along the westerly shoreline to FR 8900. obtained by contacting the office where the point of origin. the FIRM is available for inspection as FOR FURTHER INFORMATION CONTACT: indicated in the table below. (b) The regulation. All persons, Lillie Ellerbe, Mailcode 3WC21, RCRA ADDRESSES: swimmers, vessels and other craft, State Programs Branch, U.S. EPA Region The final BFEs for each except those vessels under the III, 1650 Arch Street, Philadelphia, PA community are available for inspection supervision or contract to local military 19103–2029, Phone number: (215) 814– at the office of the Chief Executive or Naval authority, vessels of the United 5454. Officer of each community. The States Coast Guard, and local or state respective addresses are listed in the SUPPLEMENTARY INFORMATION: Because table below. law enforcement vessels, are prohibited EPA received written comments that from entering the restricted areas oppose this authorization, EPA is FOR FURTHER INFORMATION CONTACT: without permission from the Supervisor withdrawing the immediate final rule Matthew B. Miller, P.E., Chief, Hazards of Shipbuilding, USN Bath Maine or his for Delaware: Final Authorization of Study Branch, Federal Insurance and authorized representative State Hazardous Waste Management Mitigation Administration, FEMA, 500 (c) Enforcement. The regulation in Program Revision published on C Street SW., Washington, DC 20472, this section, promulgated by the United February 27, 2002, at 67 FR 8900, which (202) 646–3461, or (e-mail) States Army Corps of Engineers, shall be authorized changes to Delaware’s [email protected]. enforced by the, Supervisor of hazardous waste rules. EPA stated in the SUPPLEMENTARY INFORMATION: FEMA Shipbuilding, Conversion and Repair immediate final rule that if EPA makes the final determinations listed Bath, United States Navy and/or such received written comments that oppose below of BFEs and modified BFEs for agencies or persons as he/she may this authorization during the comment each community listed. The proposed designate. period, EPA would publish a timely BFEs and proposed modified BFEs were notice of withdrawal in the Federal published in newspapers of local Dated: April 15, 2002. Register. Since EPA received comments circulation and an opportunity for the Karen Durham-Aguilera, that oppose this action, today EPA is community or individuals to appeal the Acting Chief, Operations Division, Directorate withdrawing the immediate final rule. proposed determinations to or through of Civil Works. EPA will address the comments the community was provided for a [FR Doc. 02–10123 Filed 4–24–02; 8:45 am] received during the comment period in period of ninety (90) days. The BILLING CODE 3710–92–P a subsequent final action based on the proposed BFEs and proposed modified VerDate 11<MAY>2000 17:51 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\25APR1.SGM pfrm01 PsN: 25APR1 Federal Register / Vol. 67, No. 80 / Thursday, April 25, 2002 / Rules and Regulations 20447 BFEs were also published in the Federal § 67.11 [Amended] #Depth in Register. feet above This final rule is issued in accordance 2. The tables published under the ground. Source of flooding and location *Elevation with Section 110 of the Flood Disaster authority of § 67.11 are amended as follows: in feet Protection Act of 1973, 42 U.S.C. 4104, (NGVD). and 44 CFR Part 67. #Depth in FEMA has developed criteria for feet above Maps are available for inspec- tion at the La Paz County De- floodplain management in floodprone Source of flooding and location ground. areas in accordance with 44 CFR Part *Elevation velopment, 1112 Joshua Ave- in feet nue, Suite 202, Parker, Ari- 60. (NGVD). zona. Interested lessees and owners of real ——— property are encouraged to review the ARIZONA proof Flood Insurance Study and FIRM Santa Cruz County (Unincor- porated Areas), (FEMA available at the address cited below for La Paz County (Unincor- Docket No. B–7310) each community. porated Areas), (FEMA The BFEs and modified BFEs are Docket No. B–7417) Tubac Creek: At confluence with Santa Cruz made final in the communities listed Bouse Wash: River ..................................... *3,192 below. Elevations at selected locations Approximately 5,700 feet Approximately 0.35 miles in each community are shown. downstream of Yellow Bird (1,850 feet) upstream of National Environmental Policy Act. Drive ..................................... *875 Interstate 19 ......................... *3,263 This rule is categorically excluded from Approximately 3,200 feet Tubac Creek: North Channel: the requirements of 44 CFR Part 10, downstream of Plomosa At confluence with Santa Cruz Environmental Consideration. No Road ..................................... *925 River ..................................... *3,189 environmental impact assessment has Approximately 3,500 feet up- At divergence from Tubac stream of Joshua Street ...... *979 been prepared. Creek approximately 680 Tributary Along East Side Rail- feet upstream of Calle De Regulatory Flexibility Act. The Acting road: Olivas ................................... *3,251 Administrator, Federal Insurance and Approximately 3,700 feet Tributary 1 of Tubac Creek: Mitigation Administration certifies that downstream of Willamette At confluence with Tubac this rule is exempt from the Drive ..................................... *876 Creek .................................... *3,213 requirements of the Regulatory Approximately 3,000 feet up- At approximately 0.229 mile Flexibility Act because final or modified stream of Main Street .......... *963 (1,210 feet) upstream of BFEs are required by the Flood Disaster Tributary B: Interstate 19 ......................... *3,250 Protection Act of 1973, 42 U.S.C. 4104, At confluence with Bouse Tributary 2 of Tubac Creek: and are required to establish and Wash .................................... *889 At confluence with Tubac Approximately 800 feet up- Creek .................................... *3,195 maintain community eligibility in the stream of the unnamed road Immediately downstream of NFIP. No regulatory flexibility analysis stretching between Winema East Frontage Road ............. *3,222 has been
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