Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Proposed Rules 14503 a second comment period, so anyone DEPARTMENT OF HOMELAND stringent in their floodplain interested in commenting should do so SECURITY management requirements. The at this time. If we do not receive community may at any time enact comments, no further activity is Federal Emergency Management stricter requirements of its own, or planned. Agency pursuant to policies established by other Federal, State or regional entities. These For all the reasons set forth in the 44 CFR Part 67 proposed elevations are used to meet parallel direct final rule, we are [Docket No. FEMA–B 7711] the floodplain management proposing to approve the State of requirements of the NFIP and are also Arizona’s boundary redesignation of the Proposed Flood Elevation used to calculate the appropriate flood Hayden/Miami PM10 nonattainment Determinations insurance premium rates for new area into two separate PM10 buildings built after these elevations are AGENCY: nonattainment areas: Hayden and Federal Emergency made final, and for the contents in these Miami, and to determine that the Miami Management Agency, DHS. buildings. ACTION: moderate PM10 nonattainment area in Proposed rule. National Environmental Policy Act. Arizona is attaining the PM national 10 SUMMARY: Technical information or This proposed rule is categorically ambient air quality standard. A comments are requested on the excluded from the requirements of 44 determination of attainment is not a proposed Base (1% annual chance) CFR part 10, Environmental redesignation to attainment under CAA Flood Elevations (BFEs) and proposed Consideration. An environmental section 107(d)(3) because we have not BFEs modifications for the communities impact assessment has not been yet approved a maintenance plan as listed below. The BFEs are the basis for prepared. required under section 175A of the CAA the floodplain management measures Regulatory Flexibility Act. As flood or determined that the area has met the that the community is required either to elevation determinations are not within other CAA requirements for adopt or to show evidence of being the scope of the Regulatory Flexibility redesignation. already in effect in order to qualify or Act, 5 U.S.C. 601–612, a regulatory Also, for all the reasons set forth in remain qualified for participation in the flexibility analysis is not required. the parallel direct final rule, we further National Flood Insurance Program Regulatory Classification. This propose to determine that, because the (NFIP). proposed rule is not a significant Miami area is attaining the PM10 DATES: The comment period is ninety regulatory action under the criteria of NAAQS, certain attainment (90) days following the second section 3(f) of Executive Order 12866 of demonstration requirements, along with publication of this proposed rule in a September 30, 1993, Regulatory other related requirements of the CAA, newspaper of local circulation in each Planning and Review, 58 FR 51735. are not applicable to the Miami area for community. Executive Order 13132, Federalism. This proposed rule involves no policies so long as the area continues to attain. ADDRESSES: The proposed BFEs for each that have federalism implications under Lastly, EPA is proposing to correct two community are available for inspection Executive Order 13132. errors in previous rulemakings that at the office of the Chief Executive Executive Order 12988, Civil Justice involved the classification of PM10 Officer of each community. The nonattainment areas within the State of respective addresses are listed in the Reform. This proposed rule meets the applicable standards of Executive Order Arizona. table below. 12988. For further information on this FOR FURTHER INFORMATION CONTACT: proposal and the rationale underlying William R. Blanton, Jr., Engineering List of Subjects in 44 CFR Part 67 Management Section, Mitigation our proposed action, please see the Administrative practice and Division, Federal Emergency direct final rule. procedure, Flood insurance, Reporting Management Agency, 500 C Street SW., and recordkeeping requirements. Dated: March 20, 2007. Washington, DC 20472, (202) 646–3151. Accordingly, 44 CFR part 67 is Wayne Nastri, SUPPLEMENTARY INFORMATION: The proposed to be amended as follows: Regional Administrator, Region 9. Federal Emergency Management Agency [FR Doc. E7–5662 Filed 3–27–07; 8:45 am] (FEMA) proposes to make PART 67—[AMENDED] BILLING CODE 6560–50–P determinations of BFEs and modified BFEs for each community listed below, 1. The authority citation for part 67 in accordance with section 110 of the continues to read as follows: Flood Disaster Protection Act of 1973, Authority: 42 U.S.C. 4001 et seq.; 42 U.S.C. 4104, and 44 CFR 67.4(a). Reorganization Plan No. 3 of 1978, 3 CFR, These proposed BFEs and modified 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, BFEs, together with the floodplain 3 CFR, 1979 Comp., p. 376. management criteria required by 44 CFR 60.3, are the minimum that are required. § 67.4 [Amended] They should not be construed to mean 2. The tables published under the that the community must change any authority of § 67.4 are proposed to be existing ordinances that are more amended as follows: VerDate Aug<31>2005 16:33 Mar 27, 2007 Jkt 211001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\28MRP1.SGM 28MRP1 pwalker on PROD1PC71 with PROPOSALS 14504 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Proposed Rules * Elevation in feet (NGVD) + Elevation in feet (NAVD) Flooding source(s) Location of referenced elevation # Depth in feet above Communities affected ground Effective Modified Gallatin County, Kentucky and Incorporated Areas Ohio River ............................ Carroll County Line .......................................................... *472 +471 City of Warsaw. Boone County Line .......................................................... *480 +479 Gallatin County (Unincor- porated Areas). *National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES City of Warsaw Maps are available for inspection at 101 West Market Street, Warsaw, KY 41095. Send comments to The Honorable E. Richard Wood, Mayor, City of Warsaw, 101 West Market Street, Warsaw, KY 41095. Gallatin County (Unincorporated Areas) Maps are available for inspection at 200 Washington Street, Warsaw, KY 41095. Send comments to The Honorable Kenny R. French, Gallatin County Judge Executive, P.O. Box 144, Warsaw, KY 41095. Phelps County, Missouri (Unincorporated Areas) Burger Branch ..................... Approximately 900 ft downstream side of Brookridge None *967 Phelps County (Unincor- Drive. porated Areas). About 2,200 ft upstream side of Old St. James Road .... None *1077 Little Piney Creek ................ About 1500 ft downstream of the confluence with New- None *710 Phelps County (Unincor- burg Branch. porated Areas). About 3000 ft upstream of MO State Highway T/Water None *717 Street.. * National Geodetic Vertical Datum. # Depth in feet above ground. + North American Vertical Datum. ADDRESSES Phelps County (Unincorporated Areas) Maps are available for inspection at 200 North Main Street, 200 North Main Street, MO 65401. Send comments to The Honorable Randy Verkamp, Presiding Commissioner, 200 North Main Street, Rolla, MO 65401. Cleveland County, North Carolina and Incorporated Areas Adams Branch ..................... At the confluence with Knob Creek (into First Broad None +890 Cleveland County (Unincor- River). porated Areas), Town of Belwood. Approximately 50 feet upstream of Woodrow Hoyle None +1,018 Road (State Road 1624). Tributary 1 .................... At the confluence with Adams Branch ............................. None +904 Cleveland County (Unincor- porated Areas). Approximately 1.2 miles upstream of the confluence of None +983 Adams Branch. Ashworth Creek ................... At the confluence with Broad River ................................. None +669 Cleveland County (Unincor- porated Areas). At the North Carolina/South Carolina State boundary .... None +788 Tributary 5 .................... At the confluence with Ashworth Creek ........................... None +763 Cleveland County (Unincor- porated Areas). Approximately 600 feet upstream of Wood Road ........... None +780 Bald Knob Creek ................. At the confluence with Little Knob Creek ........................ None +946 Cleveland County (Unincor- porated Areas). Approximately 100 feet upstream of Pruitt Road ............ None +1,012 Beams Lake ......................... Approximately 275 feet upstream of the confluence with None +735 City of Shelby. Hickory Creek (near Shelby). Approximately 260 feet upstream of the Dam ................. None +801 Beason Creek ...................... At the confluence with Buffalo Creek .............................. +622 +621 Cleveland County (Unincor- porated Areas), City of Kings Mountain. Approximately 1,540 feet upstream of Marion Street ...... None +913 Tributary 1 .................... At the confluence of Beason Creek ................................. None +633 Cleveland County (Unincor- porated Areas). Approximately 600 feet upstream of the confluence with None +639 Beason Creek. VerDate Aug<31>2005 16:33 Mar 27, 2007 Jkt 211001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\28MRP1.SGM 28MRP1 pwalker on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Proposed Rules 14505 * Elevation in feet (NGVD) + Elevation in feet