6102 Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules

Federal government provides the funds

necessary to pay the direct compliance

costs incurred by the tribal

governments, or EPA consults with

those governments. If EPA complies by

consulting, Executive Order 13084

requires EPA to provide to the Office of

Management and Budget, in a separately

identified section of the preamble to the

rule, a description of the extent of EPA’s

prior consultation with representatives

of affected tribal governments, a

summary of the nature of their concerns,

and a statement supporting the need to

issue the regulation. In addition,

Executive Order 13084 requires EPA to

develop an effective process permitting

elected officials and other

representatives of Indian tribal

governments ‘‘to provide meaningful

and timely input in the development of

regulatory policies on matters that

significantly or uniquely affect their

communities.’’ Today’s rule does not

significantly or uniquely affect the

communities of Indian tribal

governments. Accordingly, the

requirements of section 3(b) of E.O.

13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA)

generally requires an agency to conduct

a regulatory flexibility analysis of any

rule subject to notice and comment

rulemaking requirements unless the

agency certifies that the rule will not

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

small not-for-profit enterprises, and

small governmental jurisdictions. This

final rule will not have a significant

impact on a substantial number of small

entities because SIP approvals under

section 110 and subchapter I, part D of

the Clean Air Act do not create any new

requirements but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal SIP approval does not create

any new requirements, I certify that this

action will not have a significant

economic impact on a substantial

number of small entities. Moreover, due

to the nature of the Federal-State

relationship under the Clean Air Act,

preparation of flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The Clean Air Act forbids EPA to base

its actions concerning SIPs on such

grounds. Union Electric Co., v. U.S.

EPA, 427 U.S. 246, 255–66 (1976); 42

U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, EPA must

prepare a budgetary impact statement to

accompany any proposed or final rule

that includes a Federal mandate that

may result in estimated annual costs to

State, local, or tribal governments in the

aggregate; or to private sector, of $100

million or more. Under Section 205,

EPA must select the most cost-effective

and least burdensome alternative that

achieves the objectives of the rule and

is consistent with statutory

requirements. Section 203 requires EPA

to establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

EPA has determined that the approval

action promulgated does not include a

Federal mandate that may result in

estimated annual costs of $100 million

or more to either State, local, or tribal

governments in the aggregate, or to the

private sector. This Federal action

approves pre-existing requirements

under State or local law, and imposes

no new requirements. Accordingly, no

additional costs to State, local, or tribal

governments, or to the private sector,

result from this action.

G. National Technology Transfer and

Advancement Act

Section 12 of the National Technology

Transfer and Advancement Act

(NTTAA) of 1995 requires Federal

agencies to evaluate existing technical

standards when developing new

regulations. To comply with NTTAA,

the EPA must consider and use

‘‘voluntary consensus standards’’ (VCS)

if available and applicable when

developing programs and policies

unless doing so would be inconsistent

with applicable law or otherwise

impractical.

EPA believes that VCS are

inapplicable to this proposed action.

Today’s proposed action does not

require the public to perform activities

conducive to the use of VCS.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Intergovernmental regulations, Nitrogen

oxides, Ozone, Reporting and

recordkeeping requirements, Volatile

organic compounds.

Authority: 42 U.S.C. 7401 et seq.

Dated: January 28, 2000.

Nora L. McGee,

Acting Regional Administrator, Region IX.

[FR Doc. 00–2827 Filed 2–7–00; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 62

[Docket No. NH040–7167b; FRL–6532–3]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants: New Hampshire; Plan for

Controlling Emissions From Existing

Hospital/Medical/Infectious Waste

Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) proposes to approve the

Sections 111(d)/129 State Plan

submitted by the New Hampshire

Department of Environmental Services

(DES) on June 2, 1999. This State Plan

is for carrying out and enforcing

provisions that are at least as protective

as the Emissions Guidelines (EG)

applicable to certain existing Hospital/

Medical/Infectious Waste Incinerator

(HMIWI) units in accordance with

sections 111 and 129 of the Clean Air

Act. The New Hampshire DES

submitted the Plan to satisfy certain

Federal Clean Air Act requirements. In

the Final Rules Section of the Federal

Register, EPA is approving the New

Hampshire State Plan submittal as a

direct final rule without a prior

proposal. EPA is doing this because the

Agency views this action as a

noncontroversial submittal and

anticipates that it will not receive any

significant, material, and adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule elsewhere in this Federal Register.

If EPA does not receive any significant,

material, and adverse comments to this

action, then the approval will become

final without further proceedings. If

EPA receives adverse comments, the

direct final rule will be withdrawn and

EPA will address all public comments

received in a subsequent final rule

based on this proposed rule. EPA will

not begin a second comment period.

DATES: EPA must receive comments in

writing by March 9, 2000.

ADDRESSES: You should address your

written comments to: Mr. Brian

Hennessey, Acting Chief, Air Permits

Unit, Office of Ecosystem Protection,

U.S. EPA, One Congress Street, Suite

1100 (CAP), Boston, Massachusetts

02114–2023.

Copies of documents relating to this

proposed rule are available for public

inspection during normal business

hours at the following locations. The

Federal Register / Vol. 65, No. 26 / Tuesday, February 8, 2000 / Proposed Rules 6103

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the day of the

visit.

Environmental Protection Agency, Air

Permits Unit, Office of Ecosystem

Protection, Suite 1100 (CAP), One

Congress Street, Boston,

Massachusetts 02114–2023.

New Hampshire Department of

Environmental Services, Air

Resources Division, 6 Hazen Drive,

P.O. Box 95, Concord, New

Hampshire 03301–0095, (603) 271–

1370.

FOR FURTHER INFORMATION CONTACT: John

Courcier, Office of Ecosystem Protection

(CAP), EPA-New England, Region 1,

Boston, Massachusetts 02203, (617)

918–1659, or by e-mail at

courcier.john@epa.gov. While the public

may forward questions to EPA via email, it must submit comments on this

proposed rule according to the

procedures outlined above.

SUPPLEMENTARY INFORMATION: See the

information provided in the Direct Final

action of the same title which is found

in the Rules Section of this Federal

Register.

Dated: January 20, 2000.

Mindy S. Lubber,

Acting Regional Administrator, Region 1.

[FR Doc. 00–2473 Filed 2–7–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7314]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (1% annual chance) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

flood elevations and modified base

flood elevations are the basis for the

floodplain management measures that

the community is required either to

adopt or to show evidence of being

already in effect in order to qualify or

remain qualified for participation in the

National Flood Insurance Program

(NFIP).

DATES: The comment period is ninety

(90) days following the second

publication of this proposed rule in a

newspaper of local circulation in each

community.

ADDRESSES: The proposed base flood

elevations for each community are

available for inspection at the office of

the Chief Executive Officer of each

community. The respective addresses

are listed in the following table.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

500 C Street SW., Washington, DC

20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

proposes to make determinations of base

flood elevations and modified base

flood elevations for each community

listed below, in accordance with Section

110 of the Flood Disaster Protection Act

of 1973, 42 U.S.C. 4104, and 44 CFR

67.4(a).

These proposed base flood and

modified base flood elevations, together

with the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

These proposed elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

National Environmental Policy Act

This proposed rule is categorically

excluded from the requirements of 44

CFR Part 10, Environmental

Consideration. No environmental

impact assessment has been prepared.

Regulatory Flexibility Act

The Associate Director for Mitigation

certifies that this proposed rule is

exempt from the requirements of the

Regulatory Flexibility Act because

proposed or modified base flood

elevations are required by the Flood

Disaster Protection Act of 1973, 42

U.S.C. 4104, and are required to

establish and maintain community

eligibility in the NFIP. No regulatory

flexibility analysis has been prepared.

Regulatory Classification

This proposed rule is not a significant

regulatory action under the criteria of

Section 3(f) of Executive Order 12866 of

September 30, 1993, Regulatory

Planning and Review, 58 FR 51735.

Executive Order 12612, Federalism

This proposed rule involves no

policies that have federalism

implications under Executive Order

12612, Federalism, dated October 26,

1987.

Executive Order 12778, Civil Justice

Reform

This proposed rule meets the

applicable standards of Section 2(b)(2)

of Executive Order 12778.

List of Subjects in 44 CFR Part 67

Administrative practice and

procedure, Flood insurance, Reporting

and recordkeeping requirements.

Accordingly, 44 CFR Part 67 is

proposed to be amended as follows:

PART 67—[AMENDED]

1. The authority citation for Part 67

continues to read as follows:

Authority: 42 U.S.C. 4001 et seq.;

Reorganization Plan No. 3 of 1978, 3 CFR,

1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

3 CFR, 1979 Comp., p. 376. § 67.4

§ 67.4 [Amended]

2. The tables published under the

authority of § 67.4 are proposed to be

amended as follows: