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Federal Register/Vol. 75, No. 24/Friday, February 5, 2010

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Federal Register/Vol. 75, No. 24/Friday, February 5, 2010 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Proposed Rules 5909 standards would be inconsistent with around the dive platform vessel while it DEPARTMENT OF HOMELAND applicable law or otherwise impractical. is performing dive operations in and SECURITY Voluntary consensus standards are around the CHEHALIS wreck. This technical standards (e.g., specifications safety zone extends from the surface of Federal Emergency Management of materials, performance, design, or the water to the ocean floor. The wreck’s Agency operation; test methods; sampling approximate position is 14°16.52′ S, procedures; and related management 170°40.56′ W, which is approximately 44 CFR Part 67 systems practices) that are developed or 350 feet north of the fuel dock in Pago [Docket ID FEMA–2010–0003; Internal adopted by voluntary consensus Pago Harbor, American Samoa. These Agency Docket No. FEMA–B–1085] standards bodies. coordinates are based upon the National This proposed rule does not use Oceanic and Atmospheric Proposed Flood Elevation technical standards. Therefore, we did Administration Coast Survey, Pacific Determinations not consider the use of voluntary Ocean, Samoa Islands, chart 83484. consensus standards. AGENCY: Federal Emergency (b) Prohibited activities. (1) Entry into Management Agency, DHS. Environment or remaining in the safety zone ACTION: Proposed rule. We have analyzed this proposed rule described in paragraph (a) of this SUMMARY: Comments are requested on under Department of Homeland section is prohibited unless authorized the proposed Base (1% annual-chance) Security Management Directive 023–01 by the Coast Guard Captain of the Port Flood Elevations (BFEs) and proposed and Commandant Instruction Honolulu. M16475.lD, which guide the Coast BFE modifications for the communities (2) Persons desiring to transit the Guard in complying with the National listed in the table below. The purpose safety zone may contact the Captain of Environmental Policy Act of 1969 of this notice is to seek general the Port at telephone number 1–808– (NEPA) (42 U.S.C. 4321–4370f), and information and comment regarding the have made a preliminary determination 842–2600, the U.S. Coast Guard Marine proposed regulatory flood elevations for that this action is one of a category of Safety Detachment American Samoa at the reach described by the downstream actions which do not individually or telephone number 1–684–633–2299, or and upstream locations in the table cumulatively have a significant effect on the dive platform vessel on VHF below. The BFEs and modified BFEs are the human environment. A preliminary channel 16 (156.800 MHz) or VHF a part of the floodplain management environmental analysis checklist channel 13 (156.650 MHz) to seek measures that the community is supporting this determination is permission to transit the area. If required either to adopt or show available in the docket where indicated permission is granted, all persons and evidence of having in effect in order to qualify or remain qualified for under ADDRESSES. This rule would be vessels must comply with the categorically excluded, under figure 2– instructions of the Captain of the Port or participation in the National Flood 1, paragraph (34)(g), of the Instruction his designated representative. Insurance Program (NFIP). In addition, because it would establish a safety zone. these elevations, once finalized, will be (c) Effective period. This rule is used by insurance agents, and others to We seek any comments or information effective from 6 a.m. local American that may lead to the discovery of a calculate appropriate flood insurance Samoa time on March 29, 2010 through premium rates for new buildings and significant environmental impact from 8 p.m. local American Samoa time on this proposed rule. the contents in those buildings. April 17, 2010. DATES: Comments are to be submitted List of Subjects in 33 CFR Part 165 (d) Regulations. In accordance with on or before May 6, 2010. Harbors, Marine safety, Navigation the general regulations in 33 CFR part ADDRESSES: The corresponding (water), Reporting and recordkeeping 165, subpart C, no person or vessel may preliminary Flood Insurance Rate Map requirements, Security measures, enter or remain in the zone except for (FIRM) for the proposed BFEs for each Waterways. support vessels/aircraft and support community is available for inspection at For the reasons discussed in the personnel, or other vessels authorized the community’s map repository. The preamble, the Coast Guard proposes to by the Captain of the Port or his respective addresses are listed in the amend 33 CFR part 165 as follows: designated representatives. table below. You may submit comments, identified PART 165—REGULATED NAVIGATION (e) Penalties. Vessels or persons by Docket No. FEMA–B–1085, to Kevin AREAS AND LIMITED ACCESS AREAS violating this rule would be subject to C. Long, Acting Chief, Engineering the penalties set forth in 33 U.S.C. 1232 Management Branch, Mitigation 1. The authority citation for part 165 and 50 U.S.C. 192. Directorate, Federal Emergency continues to read as follows: Dated: January 11, 2010. Management Agency, 500 C Street, SW., Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. B.A. Compagnoni, Washington, DC 20472, (202) 646–2820, Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; or (e-mail) [email protected]. 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Captain, U.S. Coast Guard, Captain of the FOR FURTHER INFORMATION CONTACT: Pub. L. 107–295, 116 Stat. 2064; Department Port Honolulu. of Homeland Security Delegation No. 0170.1. [FR Doc. 2010–2470 Filed 2–4–10; 8:45 am] Kevin C. Long, Acting Chief, Engineering Management Branch, BILLING CODE 9110–04–P 2. Add § 165.T14–199 to read as Mitigation Directorate, Federal follows: Emergency Management Agency, 500 C § 165.T14–199 Safety Zone; Dive Platform Street, SW., Washington, DC 20472, Vessel, Pago Pago Harbor, American (202) 646–2820, or (e-mail) Samoa. [email protected]. (a) Location. The following area is a SUPPLEMENTARY INFORMATION: The temporary safety zone: All waters Federal Emergency Management Agency within a 200 foot (67 meter) radius (FEMA) proposes to make VerDate Nov<24>2008 14:32 Feb 04, 2010 Jkt 220001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\05FEP1.SGM 05FEP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS 5910 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Proposed Rules determinations of BFEs and modified Comments on any aspect of the Flood Executive Order 12988, Civil Justice BFEs for each community listed below, Insurance Study and FIRM, other than Reform. This proposed rule meets the in accordance with section 110 of the the proposed BFEs, will be considered. applicable standards of Executive Order Flood Disaster Protection Act of 1973, A letter acknowledging receipt of any 12988. 42 U.S.C. 4104, and 44 CFR 67.4(a). comments will not be sent. These proposed BFEs and modified National Environmental Policy Act. List of Subjects in 44 CFR Part 67 BFEs, together with the floodplain 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 that the community must change any impact assessment has not been Accordingly, 44 CFR part 67 is existing ordinances that are more prepared. proposed to be amended as follows: stringent in their floodplain Regulatory Flexibility Act. As flood management requirements. The elevation determinations are not within PART 67—[AMENDED] community may at any time enact the scope of the Regulatory Flexibility stricter requirements of its own, or Act, 5 U.S.C. 601–612, a regulatory 1. The authority citation for part 67 pursuant to policies established by other flexibility analysis is not required. continues to read as follows: Federal, State, or regional entities. Executive Order 12866, Regulatory Authority: 42 U.S.C. 4001 et seq.; These proposed elevations are used to Planning and Review. This proposed Reorganization Plan No. 3 of 1978, 3 CFR, meet the floodplain management rule is not a significant regulatory action 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, requirements of the NFIP and are also under the criteria of section 3(f) of 3 CFR, 1979 Comp., p. 376. used to calculate the appropriate flood Executive Order 12866, as amended. § 67.4 [Amended] insurance premium rates for new Executive Order 13132, Federalism. buildings built after these elevations are This proposed rule involves no policies 2. The tables published under the made final, and for the contents in these that have federalism implications under authority of § 67.4 are proposed to be buildings. Executive Order 13132. amended as follows: * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground State City/town/county Source of flooding Location ** ∧ Elevation in meters (MSL) Existing Modified Village of Yellow Springs, Ohio Ohio ....................... Village of Yellow Yellow Springs Creek....... Approximately 0.8 mile upstream of None +886 Springs. Grinnell Road. Approximately 0.7 mile downstream of None +905 Fairfield Road. * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ** BFEs to be changed include the listed downstream and upstream BFEs, and include BFEs located on the stream reach between the ref- erenced locations above. Please refer to the revised Flood Insurance Rate Map located at the community map repository (see below) for exact locations of all BFEs to be changed. Send comments to Kevin C. Long, Acting Chief, Engineering Management Branch, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
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