Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules 33933

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

proposed action 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 proposed Federal

action acts on 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 a new

regulation. To comply with NTTAA,

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 today’s proposed action

because it 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 relations, Ozone,

Reporting and recordkeeping

requirements, Volatile organic

compound.

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

Dated: June 8, 2001.

Keith Takata,

Acting Regional Administrator, Region IX.

[FR Doc. 01–16004 Filed 6–25–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–B–7414]

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 (BFEs) and proposed BFE

modifications for the communities

listed below. The BFEs and modified

BFEs 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 BFEs 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,

FEMA, 500 C Street SW., Washington,

DC 20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: FEMA

proposes to make determinations of

BFEs and modified BFEs 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 BFEs and modified

BFEs, 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 Acting

Administrator, Federal Insurance

Administration and Mitigation certifies

that this proposed rule is exempt from

the requirements of the Regulatory

Flexibility Act because proposed or

modified BFEs 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

2. The tables published under the

authority of § 67.4 are proposed to be

amended as follows:

BILLING CODE 6718–04–P

33934 Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules

Flooding source(s) Location of referenced elevation

Elevation in feet *(NGVD)

Communities affected

Effective Modified

Kansas

Johnson County and Incorporated Areas

Tomahawk Creek .......................... Approximately 3,500 feet upstream of

confluence with Indian Creek.

*849 *850 City of Leawood, City of Overland

Park, City of Olathe.

Approximately 1,600 feet downstream of

Roe Avenue.

*865 *866

Just downstream of Pflumm Road ............ *1,005 *1,007

Approximately 4,800 feet upstream of

Pflumm Road.

None *1,034

Tributary No. 2 ....................... At confluence with Tomahawk Creek ........ None *853 City of Leawood.

Approximately 1,200 feet upstream of

Confluence with Tomahawk Creek.

None *859

Tributary No. 3 ....................... At confluence with Tomahawk Creek ........ None *859 City of Leawood.

Approximately 1,300 feet upstream of

confluence with Tomahawk Creek.

None *860

Tributary No. 4 ....................... At confluence with Tomahawk Creek ........ None *864 City of Leawood.

Approximately 1,500 feet upstream of

confluence with Tomahawk Creek.

None *866

Tributary No. 5 ....................... At confluence with Tomahawk Creek ........ None *872 City of Leawood.

Approximately 1,200 feet upstream of

Confluence with Tomahawk Creek.

None *874

Tributary No. 6 ....................... At confluence with Tomahawk Creek ........ None *872 City of Overland Park.

Approximately 1,850 feet upstream of

Confluence with Tomahawk Creek.

None *881

Tributary No. 7 ....................... At confluence with Tomahawk Creek ........ None *881 City of Overland Park.

Just downstream of Metcalf Avenue ......... None *929

Tributary No. 8 ....................... At confluence with Tomahawk Creek ........ None *885 City of Overland Park.

Approximately 1,000 feet upstream of

Confluence with Tomahawk Creek.

None *888

Tributary No. 9 ....................... At confluence with Tomahawk Creek ........ None *890 City of Overland Park.

Approximately 1,360 feet upstream of

Tomahawk Creek.

None *900

Tributary No. 10 ..................... At confluence with Tomahawk Creek ........ None *900 City of Overland Park.

Approximately 1,100 feet upstream of

Foster Street.

.................... *935

Tributary No. 11 ..................... At confluence with Tomahawk Creek ........ None *906 City of Overland Park.

Approximately 1,380 feet upstream of

Confluence with Tomahawk Creek.

None *912

Tributary No. 12 ..................... At confluence with Tomahawk Creek ........ None *912 City of Overland Park.

Approximately 4,700 feet upstream of Antioch Road.None *955

Tributary No. 12B1 ................ At confluence with Tomahawk Creek Tributary No. 12.None *920 City of Overland Park.

Approximately 2,450 feet upstream of

Confluence with Tomahawk Creek.

None *938

Tributary No. 13 ..................... At confluence with Tomahawk Creek ........ None *929 City of Overland Park.

Approximately 900 feet upstream of 148th

Street.

None *984

Tributary No. 13B1 ................ At confluence with Tomahawk Creek Tributary No. 13.None *935 City of Overland Park.

Just downstream of Antioch Road ............ None *935

Tributary No. 13E1 ................ At confluence with Tomahawk Creek Tributary No. 13.None *964 City of Overland Park.

Approximately 500 feet upstream of

Switzer Road.

None *978

Tributary No. 13F1 ................ At confluence with Tomahawk Creek Tributary No. 13.None *979 City of Overland Park.

Approximately 1,100 feet upstream of

Confluence with Tomahawk Creek Tributary No. 13.

None *989

Tributary No. 17 ..................... At confluence with Tomahawk Creek ........ None *977 City of Overland Park.

Approximately 610 feet upstream of Confluence with Tomahawk Creek.None *981

Tributary No. 18 ..................... At confluence with Tomahawk Creek ........ None *989 City of Overland Park.

Approximately 1,100 feet downstream of

143rd Street.

None *997

Tributary No. 19 ..................... At confluence with Tomahawk Creek ........ None *1,000 City of Overland Park.

Approximately 630 feet upstream of Confluence with Tomahawk Creek.None *1,003

Tributary No. 20 ..................... At confluence with Tomahawk Creek ........ None *1,011 City of Olathe, City of Overland

Park.

Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules 33935

Flooding source(s) Location of referenced elevation

Elevation in feet *(NGVD)

Communities affected

Effective Modified

Approximately 300 feet upstream of Confluence with Tomahawk Creek.None *1,011

At confluence with Tomahawk Creek ........ None *1,012 City of Olathe.

Tributary No. 21 ..................... Approximately 760 feet upstream of Confluence with Tomahawk Creek.None *1,014

ADDRESSES

Johnson County (Unincorporated Areas)

Maps are available for inspection at the Department of Planning, Development and Codes, 111 South Cherry, Suite 3500, Olathe, Kansas.

Send comments to The Honorable Annabeth Surbaugh, Chairman, Johnson County Board of Commissioners, 111 South Cherry, Suite 3300,

Olathe, Kansas 66061.

City of Leawood

Maps are available for inspection at the Planning Services Department, 4800 Town Center Drive, Leawood, Kansas.

Send comments to The Honorable Peggy Dunn, Mayor, City of Leawood, 4800 Town Center Drive, Leawood, Kansas 66211.

City of Olathe

Maps are available for inspection at the Planning Department, 100 West Santa Fe, Olathe, Kansas.

Send comments to The Honorable Larry Campbell, Mayor, City of Olathe, P.O. Box 768, Olathe, Kansas 66051–0768.

City of Overland Park

Maps are available for inspection at City Hall, 8500 Santa Fe Drive, Overland Park, Kansas.

Send comments to The Honorable Ed Eilert, Mayor, City of Overland Park, 8500 Santa Fe Drive, Overland Park, Kansas 66313.

TEXAS

Bexar County and Incorporated Areas

Culebra Creek ............................... At confluence with Leon Creek ................. *772 *773 Bexar County (Uninc. Areas), City

of San Antonio.

At Culebra Road ........................................ *848 *849

Just downstream of Galm Road ................ *951 *952

Culebra Creek Split:

No. 1 ...................................... At confluence with Culebra Creek ............. None *796 Bexar County (Uninc. Areas), City

of San Antonio.

Approximately 830 feet upstream of Tezel

Road.

None *808

No. 2 ...................................... At confluence with Culebra Creek (Approximately 200 feet upstream of Tezel

Road).

None *810 Bexar County (Uninc. Areas).

Approximately 3,620 feet upstream of

Timberwilde.

None *827

No. 3 ...................................... At confluence with Culebra Creek (Approximately 1,530 feet downstream of

Charles W. Anderson Loop).

None *853 Bexar County (Uninc. Areas), City

of San Antonio.

At Charles W. Anderson Loop .................. None *865

French Creek ................................ Approximately 1,500 feet upstream of

Clyde Dent.

None *806 Bexar County (Uninc. Areas), City

of San Antonio.

Approximately 1,040 feet downstream of

Mainline Drive.

None *832

At Charles W. Anderson Drive .................. *938 *936

Approximately 800 feet upstream of Circle

North Trail.

None *980

Helotes Creek (at San Antonio) ... At confluence with Culebra Creek ............. *852 *853 Bexar County (Uninc. Areas). City

of San Antonio.

At Leslie Road ........................................... *914 *915

Approximately 320 feet upstream of

Bandera Road.

*1,003 *997

Huebner Creek ............................. Approximately 220 feet upstream of

Ingram Road.

*763 *765 Bexar County (Uninc. Areas), City

of San Antonio, City of Leon

Valley.

At Huebner Road ....................................... *843 *841

Approximately 320 feet upstream of

DeZavala Road.

None *966

Huesta Creek ................................ At confluence with Leon Creek ................. *911 *915 Bexar County (Uninc. Areas), City

of San Antonio.

Approximately 2,050 feet upstream of

Charles W. Anderson Drive.

*1,013 *1,006

Leon Creek ................................... At U.S. Highway 90 ................................... *696 *693 Bexar County (Uninc. Areas), City

of San Antonio.

At U.S. Route 161 ..................................... *733 *736

Approximately 2,450 feet downstream of

Route 16.

*824 *824

33936 Federal Register / Vol. 6, No. 123 / Tuesday, June 26, 2001 / Proposed Rules

Flooding source(s) Location of referenced elevation

Elevation in feet *(NGVD)

Communities affected

Effective Modified

Approximately 1,100 feet upstream of

Charles W. Anderson Drive.

*991 *993

Leon Creek Overflow .................... Approximately 1,125 feet downstream of

West Prue Road.

*888 *888 Bexar County (Uninc. Areas), City

of San Antonio.

At Babcock Road ....................................... *920 *918

Approximately 60 feet downstream of

West Hausman Road.

*953 *953

Maverick Creek (Babcock Tributary).At confluence with Leon Creek ................. *913 *916 Bexar County (Uninc. Areas), City

of San Antonio.

At Seco Creek Street ................................ *1,010 *1,014

Approximately 1,750 feet upstream of

Babcock Road.

None *1,137

Tributary B to Culebra Creek ....... At confluence with Culebra Creek ............. None *920 Bexar County (Uninc. Areas).

Approximately 50 feet downstream of

Galm Road.

None *950

ADDRESSES

Bexar County (Unincorporated Areas)

Maps are available for inspection at the Bexar County Public Works Department, 233 N. Pecos, Suite 420, San Antonio, Texas.

Send comments to The Honorable Cyndi Taylor Krier, Bexar County Judge, 100 Dolorosa, Suite 101, San Antonio, Texas 78205

City of Leon Valley

Maps are available for inspection at the Leon Valley City Hall, 6400 El Verde Road, San Antonio, Texas.

Send comments to The Honorable Marcy Meffert, Mayor, City of Leon Valley, 6400 El Verde Road, San Antonio, Texas 78328.

City of San Antonio

Maps are available for inspection at Municipal Plaza, 114 W. Commerce, Seventh Floor, San Antonio, Texas.

Send comments to The Honorable Howard W. Peak, Mayor, City of San Antonio, P.O. Box 839966, San Antonio, Texas 78283–3996.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: June 18, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance

Administration and Mitigation.

[FR Doc. 01–15926 Filed 6–25–01; 8:45 am]

BILLING CODE 6718–04–M

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Docket No. FEMA–B–7416

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 (BFEs) and proposed BFE

modifications for the communities

listed below. The BFEs and modified

BFEs 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 BFEs 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,

FEMA, 500 C Street SW., Washington,

DC 20472, (202) 646–3461, or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: FEMA

proposes to make determinations of

BFEs and modified BFEs 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 BFEs and modified

BFEs, 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 Acting

Administrator, Federal Insurance

Administration and Mitigation certifies

that this proposed rule is exempt from

the requirements of the Regulatory

Flexibility Act because proposed or

modified BFEs 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.