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Federal Register/Vol. 76, No. 90/Tuesday, May 10

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Federal Register/Vol. 76, No. 90/Tuesday, May 10 26968 Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Proposed Rules Notice of Consultation advising the Notice of Final Rule Phase. The Drafting DEPARTMENT OF HOMELAND public that the NIGC was conducting a Phase is intended to provide for tribal SECURITY comprehensive review of its regulations participation early in the drafting or and requesting public comment on the amendment of any rule with tribal Federal Emergency Management process for conducting the regulatory implications. During the drafting phase, Agency review. On April 4, 2011, after holding the Commission may circulate a eight consultation meetings and preliminary draft, preliminary proposed 44 CFR Part 67 reviewing all comments, NIGC amendments to a current regulation, or [Docket ID FEMA–2011–0002; Internal published a Notice of Regulatory preliminary proposals provided by Agency Docket No. FEMA–B–1192] Review Schedule setting out detailed Tribes or tribal organizations. The consultation schedules and review Drafting Phase includes an opportunity Proposed Flood Elevation processes. NIGC divided the regulations Determinations to be reviewed into five groups, and for the public to provide written each group will be reviewed in three comments on preliminary drafts. On AGENCY: Federal Emergency phases, the Drafting Phase, the Notice of April 22, 2011, the Commission released Management Agency, DHS. Proposed Rulemaking phase, and the a preliminary draft of amendments to 25 ACTION: Proposed rule. Notice of Final Rule Phase. CFR Part 514. This document SUMMARY: The purpose of this document is to establishes a May 31, 2011 deadline to Comments are requested on establish a May 31, 2011, deadline for provide written comments on the the proposed Base (1% annual-chance) submittal of written comments on the preliminary draft of Part 514. Flood Elevations (BFEs) and proposed BFE modifications for the communities preliminary draft of the fee regulation This document also advises the public and to inform the public that the listed in the table below. The purpose that any future preliminary drafts of of this proposed rule is to seek general Commission will provide at least 30 regulations or amendments released by days for written comments on any information and comment regarding the the Commission will include a deadline preliminary drafts circulated by the proposed regulatory flood elevations for for the submittal of written comments to Commission during the Drafting Phase the reach described by the downstream of the Regulatory Review. the Commission. The Commission and upstream locations in the table intends to provide the public at least 30 below. The BFEs and modified BFEs are DATES: Submit comments on the days for the submittal of written preliminary draft of the fee regulation a part of the floodplain management by May 31, 2011. comments on preliminary drafts. measures that the community is required either to adopt or to show ADDRESSES: Comments sent by File Formats and Required Information evidence of having in effect in order to electronic mail are strongly encouraged. for Submitting Comments qualify or remain qualified for Electronic submissions should be participation in the National Flood directed to [email protected]. See File If submitting by electronic mail: send Insurance Program (NFIP). In addition, Formats and Required Information for to [email protected] a message these elevations, once finalized, will be Submitting Comments under containing the name of the person used by insurance agents and others to SUPPLEMENTARY INFORMATION, below, for making the submission, his or her title calculate appropriate flood insurance instructions. Submissions sent by and organization (if the submission of premium rates for new buildings and regular mail should be addressed to Lael an organization), mailing address, the contents in those buildings. Echo-Hawk, Counselor to the Chair, telephone number, fax number (if any), DATES: Comments are to be submitted National Indian Gaming Commission, and e-mail address. The document itself on or before August 8, 2011. 1441 L Street NW., Suite 9100, must be sent as an attachment and must ADDRESSES: The corresponding Washington, DC 20005. be in a single file and in recent, if not preliminary Flood Insurance Rate Map FOR FURTHER INFORMATION CONTACT: Lael current, versions of: (1) Adobe Portable (FIRM) for the proposed BFEs for each Echo-Hawk, National Indian Gaming Document File (PDF) format (preferred); community is available for inspection at Commission, 1441 L Street NW., Suite or (2) Microsoft Word file formats. 9100 Washington, DC 20005. the community’s map repository. The Telephone: 202–632–7009; e-mail: If submitting by print only: Anyone respective addresses are listed in the [email protected]. who is unable to submit a comment in table below. electronic form should submit an You may submit comments, identified SUPPLEMENTARY INFORMATION: On original and two paper copies by hand by Docket No. FEMA–B–1192, to Luis November 18, 2010, NIGC issued a or by mail to the address listed above. Rodriguez, Chief, Engineering Notice of Inquiry and Notice of Use of surface mail is strongly Management Branch, Federal Insurance Consultation advising the public that discouraged owing to the uncertainty of and Mitigation Administration, Federal the NIGC was conducting a timely delivery. Emergency Management Agency, 500 C comprehensive review of all regulations Street, SW., Washington, DC 20472, promulgated to implement 25 U.S.C. Authority: 25 U.S.C. 2706(b)(10); E.O. (202) 646–4064, or (e-mail) 2701–2721 of the Indian Gaming 13175. [email protected]. Regulatory Act (IGRA) and requesting Tracie L. Stevens, public comment on the process for FOR FURTHER INFORMATION CONTACT: Luis conducting the regulatory review. On Chairwoman. Rodriguez, Chief, Engineering April 4, 2011, NIGC published a Notice Steffani A. Cochran, Management Branch, Federal Insurance of Regulatory Review Schedule setting Vice-Chairwoman. and Mitigation Administration, Federal out detailed consultation schedules and Emergency Management Agency, 500 C Daniel J. Little, Street, SW., Washington, DC 20472, review processes. Associate Commissioner. The Commission’s regulatory review (202) 646–4064, or (e-mail) process establishes three phases of [FR Doc. 2011–11284 Filed 5–9–11; 8:45 am] [email protected]. review: A Drafting Phase, a Notice of BILLING CODE 7565–01–P SUPPLEMENTARY INFORMATION: The Proposed Rulemaking Phase, and a Federal Emergency Management Agency VerDate Mar<15>2010 17:24 May 09, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 E:\FR\FM\10MYP1.SGM 10MYP1 mstockstill on DSKH9S0YB1PROD with PROPOSALS Federal Register / Vol. 76, No. 90 / Tuesday, May 10, 2011 / Proposed Rules 26969 (FEMA) proposes to make made final, and for the contents in those that have federalism implications under determinations of BFEs and modified buildings. Executive Order 13132. BFEs for each community listed below, Comments on any aspect of the Flood Executive Order 12988, Civil Justice in accordance with section 110 of the Insurance Study and FIRM, other than Reform. This proposed rule meets the Flood Disaster Protection Act of 1973, the proposed BFEs, will be considered. applicable standards of Executive Order 42 U.S.C. 4104, and 44 CFR 67.4(a). A letter acknowledging receipt of any 12988. comments will not be sent. These proposed BFEs and modified List of Subjects in 44 CFR Part 67 BFEs, together with the floodplain National Environmental Policy Act. This proposed rule is categorically Administrative practice and management criteria required by 44 CFR excluded from the requirements of 44 procedure, Flood insurance, Reporting 60.3, are the minimum that are required. CFR part 10, Environmental and recordkeeping requirements. They should not be construed to mean Consideration. An environmental Accordingly, 44 CFR part 67 is that the community must change any impact assessment has not been proposed to be amended as follows: existing ordinances that are more prepared. stringent in their floodplain Regulatory Flexibility Act. As flood PART 67—[AMENDED] management requirements. The elevation determinations are not within community may at any time enact 1. The authority citation for part 67 the scope of the Regulatory Flexibility continues to read as follows: stricter requirements of its own or Act, 5 U.S.C. 601–612, a regulatory pursuant to policies established by other flexibility analysis is not required. Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, Federal, State, or regional entities. Executive Order 12866, Regulatory These proposed elevations are used to 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, Planning and Review. This proposed 3 CFR, 1979 Comp., p. 376. meet the floodplain management rule is not a significant regulatory action requirements of the NFIP and also are under the criteria of section 3(f) of § 67.4 [Amended] used to calculate the appropriate flood Executive Order 12866, as amended. 2. The tables published under the insurance premium rates for new Executive Order 13132, Federalism. authority of § 67.4 are proposed to be buildings built after these elevations are This proposed rule involves no policies amended as follows: *Elevation in feet (NGVD) +Elevation in feet (NAVD) #Depth in feet above Flooding source(s) Location of referenced elevation** ground Communities affected ∧Elevation in meters (MSL) Effective Modified Sacramento County, California, and Incorporated Areas Dry Creek .............................
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