Federal Register / Vol. 62, No. 91 / Monday, May 12, 1997 / Proposed Rules
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25880 Federal Register / Vol. 62, No. 91 / Monday, May 12, 1997 / Proposed Rules 40 CFR part 2. If no claim of the record of the public hearing and on with the floodplain management criteria confidentiality accompanies the any other relevant written submissions required by 44 CFR 60.3, are the submission when it is received by EPA, and other pertinent information. This minimum that are required. They it may be made available to the public information will be available for public should not be construed to mean that without further notice to the person inspection at the EPA Air Docket, the community must change any making comments. Docket No. A±97±26 (see ADDRESSES). existing ordinances that are more B. Public Participation Dated: May 8, 1997. stringent in their floodplain management requirements. The Any person desiring to present Mary D. Nichols, Assistant Administrator for Air and community may at any time enact testimony regarding this proposed rule stricter requirements of its own, or at the public hearing (see DATES) Radiation. [FR Doc. 97±12476 Filed 5±9±97; 8:45 am] pursuant to policies established by other should notify the contact person listed Federal, state or regional entities. These BILLING CODE 6560±50±P above of such intent as soon as possible. proposed elevations are used to meet A sign-up sheet will be available at the the floodplain management registration table the morning of the requirements of the NFIP and are also FEDERAL EMERGENCY hearing for scheduling testimony for used to calculate the appropriate flood MANAGEMENT AGENCY those who have not notified the contact insurance premium rates for new person. This testimony will be 44 CFR Part 67 buildings built after these elevations are scheduled on a first come, first served made final, and for the contents in these basis to follow the previously scheduled [Docket No. FEMA±7219] buildings. testimony. EPA suggests that approximately 50 Proposed Flood Elevation National Environmental Policy Act copies of the statement or material to be Determinations This proposed rule is categorically presented be brought to the hearing for AGENCY: Federal Emergency excluded from the requirements of 44 distribution to the audience. In Management Agency, FEMA. CFR Part 10, Environmental addition, EPA would find it helpful to ACTION: Proposed rule. Consideration. No environmental receive an advance copy of any impact assessment has been prepared. statement or material to be presented at SUMMARY: Technical information or Regulatory Flexibility Act the hearing in order to give EPA staff comments are requested on the adequate time to review such material proposed base (1% annual chance) flood The Executive Associate Director, before the hearing. Such advance copies elevations and proposed base flood Mitigation Directorate, certifies that this should be submitted to the contact elevation modifications for the proposed rule is exempt from the person listed previously. communities listed below. The base requirements of the Regulatory The official records of the hearing will flood elevations are the basis for the Flexibility Act because proposed or be kept open for 30 days following the floodplain management measures that modified base flood elevations are hearing to allow submission of rebuttal the community is required either to required by the Flood Disaster and supplementary testimony. All such adopt or to show evidence of being Protection Act of 1973, 42 U.S.C. 4104, submittals should be directed to the Air already in effect in order to qualify or and are required to establish and Docket, Docket No. A±97±26 (see remain qualified for participation in the maintain community eligibility in the ADDRESSES). National Flood Insurance Program. As a Mr. Charles Freed, Division Director National Flood Insurance Program result, a regulatory flexibility analysis of the Fuels and Energy Division, Office (NFIP). has not been prepared. of Mobile Sources, is hereby designated DATES: The comment period is ninety Presiding Officer of the hearing. The (90) days following the second Regulatory Classification publication of this proposed rule in a hearing will be conducted informally This proposed rule is not a significant and technical rules of evidence will not newspaper of local circulation in each community. regulatory action under the criteria of apply. Because a public hearing is section 3(f) of Executive Order 12866 of ADDRESSES: The proposed base flood designed to give interested parties an September 30, 1993, Regulatory elevations for each community are opportunity to participate in the Planning and Review, 58 FR 51735. proceeding, there are no adversary available for inspection at the office of parties as such. Statements by the Chief Executive Officer of each Executive Order 12612, Federalism participants will not be subject to cross community. The respective addresses This proposed rule involves no examination by other participants. A are listed in the following table. policies that have federalism written transcript of the hearing will be FOR FURTHER INFORMATION CONTACT: implications under Executive Order placed in the above docket for review. Frederick H. Sharrocks, Jr., Chief, 12612, Federalism, dated October 26, Anyone desiring to purchase a copy of Hazard Identification Branch, Mitigation 1987. the transcript should make individual Directorate, 500 C Street SW., arrangements with the court reporter Washington, DC 20472, (202) 646±2796. Executive Order 12778, Civil Justice Reform recording the proceeding. The Presiding SUPPLEMENTARY INFORMATION: The Officer is authorized to strike from the Federal Emergency Management Agency This proposed rule meets the record statements which he deems (FEMA or Agency) proposes to make applicable standards of section 2(b)(2) of irrelevant or repetitious and to impose determinations of base flood elevations Executive Order 12778. reasonable limits on the duration of the and modified base flood elevations for List of Subjects in 44 CFR Part 67 statement of any witness. EPA asks that each community listed below, in persons who testify attempt to limit accordance with section 110 of the Administrative practice and their testimony to ten minutes, if Flood Disaster Protection Act of 1973, procedure, Flood insurance, Reporting possible. The Administrator will base 42 U.S.C. 4104, and 44 CFR 67.4(a). and recordkeeping requirements. her decision with regard to the revised These proposed base flood and Accordingly, 44 CFR part 67 is requirements for imported gasoline on modified base flood elevations, together proposed to be amended as follows: Federal Register / Vol. 62, No. 91 / Monday, May 12, 1997 / Proposed Rules 25881 PART 67Ð[AMENDED] Authority: 42 U.S.C. 4001 et seq.; § 67.4 [Amended] Reorganization Plan No. 3 of 1978, 3 CFR, 2. The tables published under the 1. The authority citation for part 67 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, authority of § 67.4 are proposed to be continues to read as follows: 3 CFR, 1979 Comp., p. 376. amended as follows: #Depth in feet above ground. *Elevation in feet State City/town/county Source of flooding Location (NGVD) Existing Modified Connecticut ............ New Britain (City) Willow Brook ..................... Approximately 300 feet downstream of *63 *61 Hartford County. Willow Brook Park Road. Approximately 800 feet upstream of Res- *345 *344 ervoir Road. Mason Pond Brook ........... At confluence with Willow Brook .............. *168 *170 Approximately 75 feet upstream of Shut- *172 *171 tle Meadow Avenue. Schultz Pond Brook .......... At the confluence with Willow Brook ........ *175 *176 Approximately 815 feet upstream of Res- *345 *344 ervoir Road. Bass Brook ....................... Approximately 1,600 feet downstream of *89 *90 East Street. *263 *267 Approximately 825 feet upstream of up- stream crossing of Lewis Road. Batterson Park Pond Approximately 400 feet downstream of *178 *177 Brook. Stanley Park Road. *207 *206 Approximately 115 feet upstream of Brit- tany Farms Road. Gaffney Brook .................. At Francis Street ....................................... *174 *176 Approximately 1,400 feet upstream of *179 *181 Francis Street. Sandy Brook ..................... At corporate limits ..................................... *89 *90 Approximately 650 feet upstream of Ella None *131 Grasso Road. Maps available for inspection at the New Britain City Hall, Engineering DepartmentÐRoom 503, 27 West Main Street, New Britain, Connecti- cut. Send comments to The Honorable Lucian Pawlak, Mayor of the City of New Britain, New Britain City Hall, 27 West Main Street, New Britain, Connecticut 06051. Connecticut ............ Wilton (Town) Fair- West Branch Saugatuck Approximately 840 feet upstream of *96 *95 field County. River. Westport/Wilton corporate limits. Approximately 800 feet upstream of *160 *159 Route 53 (Cedar Road). Maps available for inspection at the Inland Wetland Commission, Wilton Town Hall Annex, 238 Danbury Road, Wilton, Connecticut. Send comments to Mr. Bob Russell, First Selectman for the Town of Wilton, 238 Danbury Road, Wilton, Connecticut 06897. Georgia .................. Rockdale County Yellow River ..................... At confluence of Big Haynes Creek ......... *646 *652 (Unincorporated Approximately 200 feet downstream of *659 *660 Areas). Georgia Highway 138. Big Haynes Creek ............ At confluence with Yellow River ............... *646 *652 At confluence of Little Haynes Creek ....... None *661 Little Haynes Creek .......... At confluence with Big Haynes Creek ...... None