24280 Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations

TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued

Facility Address Waste description

(8) Recordkeeping and Certification Requirements for Waste to be Smelted for Metal Recovery: Tyco must maintain in its facility files, and make available for inspection by EPA and

the Florida Department of Environmental Protection (FDEP), records that include the name,

address, telephone number, and contact person of each smelting facility used by Tyco for

its delisted waste, quantities of waste shipped, analytical data for demonstrating that the

delisting levels of Condition (3) are met, and a certification that the smelter(s) is(are) subject to regulatory controls on discharges to air, water, and land. The certification statement

must be signed by a responsible official and contain the following language: Under civil

and criminal penalty of law for the making or submission of false or fraudulent statements

or representations (pursuant to the applicable provisions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the

smelter(s) used for Tyco’s delisted waste is(are) subject to regulatory controls on discharges to air, water, and land. As the company official having supervisory responsibility

for plant operations, I certify that to the best of my knowledge this information is true, accurate and complete. In the event that any of this information is determined by EPA in its

sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to

the company, I recognize and agree that this exclusion of waste will be void as if it never

had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company’s RCRA and CERCLA obligations premised

upon the company’s void exclusion.

[FR Doc. 01–12042 Filed 5–11–01; 8:45 am]

BILLING CODE 6560–50–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:

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

Study Branch, Mitigation Directorate,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–3461, or (email)

matt.miller@fema.gov.

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

Acting Executive 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

(NFIP).

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.

These modified 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.

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 Acting Executive 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

NFIP. No regulatory flexibility analysis

has been prepared.

Regulatory Classification

This final 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.

Federal Register / Vol. 66, No. 93 / Monday, May 14, 2001 / Rules and Regulations 24281

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.

Florida: Sarasota

(FEMA Docket

No. D–7501).

Unincorporated

Areas.

April 28, 2000, May 5,

2000, Sarasota HeraldTribune.

Mr. Jim Ley, Sarasota County Administrator, 1660 Ringling Boulevard, 2nd Floor, Sarasota, Florida

34236.

Apr. 21, 2000 ............ 125144 D

Georgia: Cherokee (FEMA

Docket No. D–

7501).

Unincorporated

Areas.

May 17, 2000, May 24,

2000, Cherokee Tribune.

Ms. Emily Lemcke, Chairwoman of

the Cherokee County Board of

Commissioners, 90 North Street,

Suite 310, Canton, Georgia 30114.

Aug. 22, 2000 ............ 130424 C

Illinois:

McHenry

(FEMA

Docket No.

D–7503).

Unincorporated

Areas.

July 14, 2000, July 21,

2000, The Northwest

Herald.

Mr. Michael Tryon, Chairperson,

McHenry County Board, McHenry

County Government Center, 2200

North Seminary Avenue, Woodstock, Illinois 60098.

June 29, 2000 ........... 170732 C

Madison

(FEMA

Docket No.

7302).

City of Wood

River.

January 7, 2000, January

14, 2000, The Telegraph.

The Honorable Lon A. Smith, Mayor

of the City of Wood River, 111

North Wood River Avenue, Wood

River, Illinois 62095–1938.

Apr. 12, 2000 ............ 170451 C

Michigan:

Macomb.

City of Sterling

Heights.

September 14, 2000,

September 21, 2000,

The Macomb Daily.

The Honorable Richard J. Notte,

Mayor of the City of Sterling

Heights, 40555 Utica Road, P.O.

Box 8009, Sterling Heights, Michigan 48311–8009.

Sept. 6, 2000 ............. 260128 E

Ohio: Cuyahoga

(FEMA Docket

No. D–7503).

City of Highland

Heights.

June 22, 2000, June 29,

2000, The Plain Dealer.

The Honorable Francine G. Hogg,

Mayor of the City of Highland

Heights, 5827 Highland Road,

Highland Heights, Ohio 44143.

Aug. 28, 2000 ............ 390110 D

Pennsylvania: Allegheny (FEMA

Docket No. D–

7505).

Municipality of

Monroeville.

August 29, 2000, Tribune-Review.Mr. Marshall W. Bond, Municipality

of Monroeville Manager, 2700

Monroeville Boulevard, Monroeville, Pennsylvania 15146–2388.

Sept. 22, 2000 ........... 420054 E

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: May 3, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for

Mitigation.

[FR Doc. 01–12030 Filed 5–11–01; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–D–7509]

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

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

Acting Executive 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:

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

Study Branch, Mitigation Directorate,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–3461, or (email)

matt.miller@fema.gov.

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