64576 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Proposed Rules Dated: October 23, 2008. B. E-mail: [email protected]. U.S. Environmental Protection Agency, Harold M. Singer, C. Mail: EPA–R03–OAR–2008–0746, Region III, 1650 Arch Street, Director, Regulations and Disclosure Law Carol Febbo, Chief, Energy, Radiation Philadelphia, Pennsylvania 19103. Division, Regulations and Rulings, Office of and Indoor Environment Branch, Copies of the State submittal are International Trade. Mailcode 3AP23, U.S. Environmental available at the West Virginia Timothy E. Skud, Protection Agency, Region III, 1650 Department of Environmental Deputy Assistant Secretary (Tax, Trade and Arch Street, Philadelphia, Pennsylvania Protection, Division of Air Quality, 601 Tariff Policy), Office of Tax Policy, United 19103. 57th Street, SE., Charleston, West States Treasury Department. D. Hand Delivery: At the previously- Virginia 25304. [FR Doc. E8–25731 Filed 10–29–08; 8:45 am] listed EPA Region III address. Such FOR FURTHER INFORMATION CONTACT: BILLING CODE 9111–14–P deliveries are only accepted during the Megan Goold, (215) 814–2027, or by e- Docket’s normal hours of operation, and mail at [email protected]. special arrangements should be made SUPPLEMENTARY INFORMATION: For ENVIRONMENTAL PROTECTION for deliveries of boxed information. further information, please see the Instructions: Direct your comments to AGENCY information provided in the direct final Docket ID No. EPA–R03–OAR–2008– rule, with the same title, that is located 0746. EPA’s policy is that all comments 40 CFR Part 52 in the ‘‘Rules and Regulations’’ section received will be included in the public of this Federal Register publication. [EPA–R03–OAR–2008–0746; FRL–8735–8] docket without change, and may be made available online at Dated: October 20, 2008. Approval and Promulgation of Air www.regulations.gov, including any Donald S. Welsh, Quality Implementation Plans; West personal information provided, unless Regional Administrator, Region III. Virginia; Revised Motor Vehicle the comment includes information [FR Doc. E8–25660 Filed 10–29–08; 8:45 am] Emission Budgets for the Parkersburg claimed to be Confidential Business BILLING CODE 6560–50–P 8-Hour Ozone Maintenance Area Information (CBI) or other information AGENCY: Environmental Protection whose disclosure is restricted by statute. Agency (EPA). Do not submit information that you DEPARTMENT OF HOMELAND consider to be CBI or otherwise ACTION: SECURITY Proposed rule. protected through www.regulations.gov SUMMARY: EPA proposes to approve the or e-mail. The www.regulations.gov Web Federal Emergency Management State Implementation Plan (SIP) site is an ‘‘anonymous access’’ system, Agency revision submitted by the State of West which means EPA will not know your Virginia for the purpose of amending identity or contact information unless 44 CFR Part 67 you provide it in the body of your the 8-hour ozone maintenance plan for [Docket No. FEMA–B–1014] the Parkersburg area. This revision comment. If you send an e-mail amends the maintenance plans’ 2009 comment directly to EPA without going Proposed Flood Elevation and 2018 motor vehicle emissions through www.regulations.gov, your e- Determinations budgets (MVEBs) by reallocating a mail address will be automatically captured and included as part of the AGENCY: Federal Emergency portion of the plans’ safety margins Management Agency, DHS. which results in an increase in the comment that is placed in the public ACTION: MVEBs. In the Final Rules section of docket and made available on the Proposed rule. Internet. If you submit an electronic this Federal Register, EPA is approving SUMMARY: Comments are requested on the State’s SIP submittal as a direct final comment, EPA recommends that you include your name and other contact the proposed Base (1 percent annual- rule without prior proposal because the chance) Flood Elevations (BFEs) and Agency views this as a noncontroversial information in the body of your comment and with any disk or CD–ROM proposed BFE modifications for the submittal and anticipates no adverse you submit. If EPA cannot read your communities listed in the table below. comments. A detailed rationale for the comment due to technical difficulties The purpose of this notice is to seek approval is set forth in the direct final and cannot contact you for clarification, general information and comment rule. If no adverse comments are EPA may not be able to consider your regarding the proposed regulatory flood received in response to this action, no comment. Electronic files should avoid elevations for the reach described by the further activity is contemplated. If EPA the use of special characters, any form downstream and upstream locations in receives adverse comments, the direct of encryption, and be free of any defects the table below. The BFEs and modified final rule will be withdrawn and all or viruses. BFEs are a part of the floodplain public comments received will be Docket: All documents in the management measures that the addressed in a subsequent final rule electronic docket are listed in the community is required either to adopt based on this proposed rule. EPA will www.regulations.gov index. Although or show evidence of having in effect in not institute a second comment period. listed in the index, some information is order to qualify or remain qualified for Any parties interested in commenting not publicly available, i.e., CBI or other participation in the National Flood on this action should do so at this time. information whose disclosure is Insurance Program (NFIP). In addition, DATES: Comments must be received in restricted by statute. Certain other these elevations, once finalized, will be writing by December 1, 2008. material, such as copyrighted material, used by insurance agents, and others to ADDRESSES: Submit your comments, is not placed on the Internet and will be calculate appropriate flood insurance identified by Docket ID Number EPA– publicly available only in hard copy premium rates for new buildings and R03–OAR–2008–0746 by one of the form. Publicly available docket the contents in those buildings. following methods: materials are available either DATES: Comments are to be submitted A. www.regulations.gov. Follow the electronically in www.regulations.gov or on or before January 28, 2009. on-line instructions for submitting in hard copy during normal business ADDRESSES: The corresponding comments. hours at the Air Protection Division, preliminary Flood Insurance Rate Map VerDate Aug<31>2005 16:41 Oct 29, 2008 Jkt 217001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\30OCP1.SGM 30OCP1 pwalker on PROD1PC71 with PROPOSALS Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Proposed Rules 64577 (FIRM) for the proposed BFEs for each management requirements. The Regulatory Flexibility Act. As flood community are available for inspection community may at any time enact elevation determinations are not within at the community’s map repository. The stricter requirements of its own, or the scope of the Regulatory Flexibility respective addresses are listed in the pursuant to policies established by other Act, 5 U.S.C. 601–612, a regulatory table below. Federal, State, or regional entities. flexibility analysis is not required. You may submit comments, identified These proposed elevations are used to Executive Order 12866, Regulatory by Docket No. FEMA–B–1014, to meet the floodplain management Planning and Review. This proposed William R. Blanton, Jr., Chief, requirements of the NFIP and are also rule is not a significant regulatory action Engineering Management Branch, used to calculate the appropriate flood under the criteria of section 3(f) of Mitigation Directorate, Federal insurance premium rates for new Executive Order 12866, as amended. Emergency Management Agency, 500 C buildings built after these elevations are Executive Order 13132, Federalism. Street, SW., Washington, DC 20472, made final, and for the contents in these This proposed rule involves no policies (202) 646–3151, or (e-mail) buildings. that have federalism implications under [email protected]. Comments on any aspect of the Flood Executive Order 13132. FOR FURTHER INFORMATION CONTACT: Insurance Study and FIRM, other than Executive Order 12988, Civil Justice William R. Blanton, Jr., Chief, the proposed BFEs, will be considered. Reform. This proposed rule meets the Engineering Management Branch, A letter acknowledging receipt of any applicable standards of Executive Order Mitigation Directorate, Federal comments will not be sent. 12988. Emergency Management Agency, 500 C List of Subjects in 44 CFR Part 67 Street, SW., Washington, DC 20472, Administrative Procedure Act (202) 646–3151 or (e-mail) Statement. This matter is not a Administrative practice and [email protected]. rulemaking governed by the procedure, Flood insurance, Reporting Administrative Procedure Act (APA), 5 SUPPLEMENTARY INFORMATION: The and recordkeeping requirements. U.S.C. 553. FEMA publishes flood Federal Emergency Management Agency Accordingly, 44 CFR part 67 is elevation determinations for notice and (FEMA) proposes to make proposed to be amended as follows: comment; however, they are governed determinations of BFEs and modified by the Flood Disaster Protection Act of PART 67—[AMENDED] BFEs for each community listed below, 1973, 42 U.S.C. 4105, and the National in accordance with section 110 of the 1. The authority citation for part 67 Flood Insurance Act of 1968, 42 U.S.C. Flood Disaster Protection Act of 1973, continues to read as follows: 42 U.S.C. 4104, and 44 CFR 67.4(a). 4001 et seq., and do not fall under the APA. Authority: 42 U.S.C. 4001 et seq.; These proposed BFEs and modified Reorganization Plan No. 3 of 1978, 3 CFR, BFEs, together with the floodplain National Environmental Policy Act. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, management criteria required by 44 CFR This proposed rule is categorically 3 CFR, 1979 Comp., p.