Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Rules and Regulations 3039

Matter to the Ambient Air Beyond the

Premises of Origin, and the rescission of

rules 10 CSR 10–2.050, Preventing

Particulate Matter From Becoming

Airborne (Kansas City); 10 CSR 10–

3.070 Restriction of Particulate Matter

From Becoming Airborne (Outstate); 10

CSR 10–4.050, Preventing Particulate

Matter From Becoming Airborne

(Springfield); and CSR 10–5.100,

Preventing Particulate Matter From

Becoming Airborne (St. Louis).

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors, and in relation to relevant

statutory and regulatory requirements.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget

has exempted this regulatory action

from Executive Order 12866 review.

B. Regulatory Flexibility Act

SIP approvals under section 110 and

subchapter I, Part D of the CAA do not

create any new requirements but simply

approve requirements that the state is

already imposing. Therefore, because

the Federal SIP approval does not

impose any new requirements, the

Administrator certifies that it does not

have a significant impact on any small

entities affected. Moreover, due to the

nature of the Federal-state relationship

under the CAA, preparation of a

regulatory flexibility analysis would

constitute Federal inquiry into the

economic reasonableness of state action.

The CAA forbids the EPA to base its

actions concerning SIPs on such

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

E.P.A., 427 U.S. 246, 256–66 (S.Ct.

1976); 42 U.S.C. 7410(a)(2)).

C. Unfunded Mandates

Under section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘Unfunded Mandates Act’’), signed

into law on March 22, 1995, the EPA

must prepare a budgetary impact

statement to accompany any proposed

or final rule that includes a Federal

mandate that may result in estimated

costs to state, local, or tribal

governments in the aggregate; or to

private sector, of $100 million or more.

Under section 205, the 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 the EPA to

establish a plan for informing and

advising any small governments that

may be significantly or uniquely

impacted by the rule.

The EPA has determined that the

approval action promulgated does not

include a Federal mandate that may

result in estimated 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 preexisting 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.

D. Submission to Congress and the

General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added

by the Small Business Regulatory

Enforcement Fairness Act of 1996, the

EPA submitted a report containing this

rule and other required information to

the U.S. Senate, the U.S. House of

Representatives, and the Comptroller

General of the General Accounting

Office prior to publication of this rule in

today’s Federal Register. This rule is

not a ‘‘major rule’’ as defined by 5

U.S.C. 804(2).

E. Petitions for Judicial Review

Under section 307(b)(1) of the CAA,

petitions for judicial review of this

action must be filed in the United States

Court of Appeals for the appropriate

circuit by March 23, 1998. Filing a

petition for reconsideration by the

Administrator of this final rule does not

affect the finality of this rule for the

purposes of judicial review, nor does it

extend the time within which a petition

for judicial review may be filed, and

shall not postpone the effectiveness of

such rule or action. This action may not

be challenged later in proceedings to

enforce its requirements. (See section

307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Incorporation by

reference, Intergovernmental relations,

Particulate matter, Reporting and

recordkeeping requirements.

Authority: 42 U.S.C. 7401–7671q.

Dated: December 15, 1997.

Dennis Grams,

Regional Administrator.

Part 52, chapter I, title 40 of the Code

of Federal Regulations is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

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

Subpart AA—Missouri

2. Section 52.1320 is amended by

adding paragraph (c)(102) to read as

follows:

§ 52.1320 Identification of plan.

* * * * *

(c) * * *

(102) Revised regulations for the

control of fugitive particulate matter

emissions were submitted by the

Missouri Department of Natural

Resources (MDNR) on September 25,

1990, and on November 20, 1996.

(i) Incorporation by reference.

(A) Regulation 10 CSR 10–6.170,

entitled Restriction of Particulate Matter

Beyond the Premises of Origin, effective

November 30, 1990, as amended

October 30, 1996.

(B) Rescission of regulation 10 CSR

10–2.050, entitled Preventing

Particulate Matter From Becoming

Airborne, effective September 28, 1990.

(C) Rescission of regulation 10 CSR

10–3.070, entitled Restriction of

Particulate Matter From Becoming

Airborne, effective September 28, 1990.

(D) Rescission of regulation 10 CSR

10–4.050, entitled Preventing

Particulate Matter From Becoming

Airborne, effective September 28, 1990.

(E) Rescission of regulation 10 CSR

10–5.100, entitled Preventing

Particulate Matter From Becoming

Airborne, effective on September 28,

1990.

(ii) Additional material.

(A) Letter from Missouri submitted on

February 24, 1997, pertaining to the

submission of supplemental

documentation.

[FR Doc. 98–1354 Filed 1–20–98; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–7245]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood
3040 Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Rules and Regulations

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) (FIRMs) in

effect prior to this determination for

each listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Associate Director reconsider the

changes. The modified elevations may

be changed during the 90-day period.

ADDRESSES: The modified 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:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street, SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon new scientific or

technical data.

The modifications are made pursuant

to section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program.

These modified 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.

The changes in base flood elevations

are in accordance with 44 CFR 65.4.

National Environmental Policy Act

This 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, Mitigation

Directorate, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are required to maintain community

eligibility in the National Flood

Insurance Program. No regulatory

flexibility analysis has been prepared.

Regulatory Classification. This interim

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 rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and recordkeeping

requirements. Accordingly, 44 CFR part

65 is amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for part 65

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.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and

county Location

Dates and name of newspaper where notice was

published

Chief executive officer of

community

Effective date of

modification Community No.

Alabama: Lauderdale.City of Florence .... Oct. 8, 1997, Oct. 15,

1997, Times Daily.

The Honorable Eddie Frost, Mayor

of the City of Florence, P.O. Box

98, Florence, Alabama 35631.

Jan. 13, 1998 ... 010140 C

Connecticut:

Litchfield.

Town of Watertown Sept. 9, 1997, Sept. 16,

1997, Waterbury Republican-American.

Mr. Charles Frigon, Town of Watertown Interim Manager, Town Hall

Annex, 424 Main Street, Watertown, Connecticut 06795.

Dec. 15, 1997 ... 090058 B

Georgia: Gwinnett Unincorporated

Areas.

July 29, 1997, Aug. 5,

1997, Gwinnett Daily

Post.

Mr. Wayne Hill Chairman of the

Board of Commissioners,

Gwinnett County Justice and Administration Center, 75 Langley

Drive, Lawrenceville, Georgia

30245–6900.

July 23, 1997 .... 130322 C

Illinois: Cook ....... Village of

Schaumburg.

Sept. 30, 1997, Oct. 7,

1997, Daily Herald.

The Honorable Al Larson, Mayor of

the Village of Schaumburg, 101

Schaumburg Court, Schaumburg,

Illinois 60193–1899.

Jan. 5, 1998 ..... 170158 D

Illinois: DuPage ... Village of

Bensenville.

Aug. 27, 1997, Sept. 3,

1997, Bensenville Press.

Mr. John C. Geils, President of the

Village of Bensenville,

Bensenville Village Hall, 700

West Irving Park Road,

Bensenville, Illinois 60106.

Aug. 19, 1997 ... 170200 C
Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Rules and Regulations 3041

State and

county Location

Dates and name of newspaper where notice was

published

Chief executive officer of

community

Effective date of

modification Community No.

Illinois: DuPage ... Village of Winfield May 7, 1997, May 14,

1997, Winfield Estates.

Mr. Bryon Vana, Village of Winfield

Manager, 27 W. 465 Jewell

Road, Winfield, Illinois 60190.

Apr. 29, 1997 ... 170223 B

Illinois: Lake ........ Unincorporated

Areas.

Sept. 11, 1997, Sept. 18,

1997, News-Sun.

Mr. Robert L. Grever, Chairman of

the Lake County Board, 18 North

County Street, Room 901, Waukegan, Illinois 60085.

Dec. 17, 1997 ... 170357 F

Illinois: Lake ........ Village of

Mundelein.

Sept. 11, 1997, Sept. 18,

1997, Mundelein Review.

The Honorable Marilyn Sindels,

Mayor of the Village of

Mundelein, Village Hall, 440 East

Hawley Street, Mundelein, Illinois

60060.

Dec. 17, 1997 ... 170382 F

Maine: Aroostook Town of Fort Fairfield.Aug. 13, 1997, Aug. 20,

1997, Fort Fairfield Review.

Mr. Eugene Conlogue, Fort Fairfield Town Manager, P.O. Box

451, Fort Fairfield, Maine 04742.

Nov. 18, 1997 ... 230018 B

Maryland: Prince

George’s.

City of Laurel ........ Aug. 21, 1997, Aug. 28,

1997, Laurel Leader.

The Honorable Frank P. Casula,

Mayor of the City of Laurel, 8103

Sandy Spring Road, Laurel,

Maryland 20707.

Nov. 26, 1997 ... 240053 D

Maryland: Prince

George’s Unincorporated

Areas.

Aug. 21, 1997,

Aug. 28, 1997,

The Prince

George’s Journal.

Mr. Wayne K. Curry,

Prince George’s County

Executive Officer, 14741

Governor Oden Bowie

Drive, Upper Marlboro,

Maryland 20772.

Nov. 26, 1997 ................................. 245208 C.

Michigan:

Macomb County.

Township of Chesterfield.Sept. 15, 1997, Sept. 22,

1997, The Chesterfield

Review.

Mr. Elbert J. Tharp, Chesterfield

Township Supervisor, 47275

Sugarbush, Chesterfield, Michigan 48047.

Dec. 21, 1997 ... 260120 B

Virginia: Independent City.City of Alexandria Oct. 23, 1997, Oct. 30,

1997, The Alexandria

Journal and The Alexandria Gazette Packet.

The Honorable Kerry J. Donley,

Mayor of the City of Alexandria,

301 King Street, Suite 2300, Alexandria, Virginia 22314.

Oct. 10, 1997 ... 515519

Wisconsin: LaCrosse.City of Onalaska ... Oct. 9, 1997, Oct. 16,

1997, Onalaska Community Life.

The Honorable Clarence Stellner,

Mayor of the City of Onalaska,

415 Main Street, Onalaska, Wisconsin 54650.

Jan. 14, 1998 ... 550221 B

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: January 13, 1998.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 98–1384 Filed 1–20–98; 8:45 am]

BILLING CODE 6718–03–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)

(FIRMs) in effect for each listed

community prior to this date.

ADDRESSES: The modified 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:

Frederick H. Sharrocks, Jr., Chief,

Hazard Identification Branch, Mitigation

Directorate, 500 C Street SW.,

Washington, DC 20472, (202) 646–2796.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes the final determinations listed

below of modified base flood elevations

for each community listed. These

modified elevations have been

published in newspapers of local

circulation and ninety (90) days have

elapsed since that publication. The

Associate Director has resolved any

appeals resulting from this notification.

The modified base flood elevations

are not listed for each community in

this notice. However, this rule includes

the address of the Chief Executive

Officer of the community where the

modified base flood elevation

determinations are available for

inspection.

The modifications are made pursuant

to section 206 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified base flood elevations

are the basis for the floodplain

management measures that the

community is required to either adopt

or to show evidence of being already in

effect in order to qualify or to remain

qualified for participation in the

National Flood Insurance Program.

These modified 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