33890 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

‘‘meaningful and timely input by State

and local officials in the development of

regulatory policies that have federalism

implication.’’ ‘‘Policies that have

federalism implication’’ is defined in

the Executive Order to include

regulations that have ‘‘substantial direct

effects on the States, on the relationship

between the national government and

the States, or on the distribution of

power and responsibilities among the

various levels of governments.’’

This final rule does not have

federalism implications. It will not have

substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132. This treatment

variance does not create any new

regulatory requirements. Rather, it

establishes an alternative treatment

standard for a regulated constituent at

the specific facility. Thus, Executive

Order 13132 does not apply to this rule.

J. Congressional Review Act

The Congressional Review Act, 5

U.S.C. section 801 et seq., as added by

the Small Business Regulatory

Enforcement Fairness Act of 1996,

generally provides that before a rule

may take effect, the agency

promulgating the rule must submit a

rule report, which includes a copy of

the rule, to each House of the Congress

and to the Comptroller General of the

United States. Section 804 exempts from

section 801 the following types of rules

(1) rules of particular applicability; (2)

rules relating to agency management or

personnel; and (3) rules of agency

organization, procedure, or practice that

do not substantially affect the rights or

obligations of non-agency parties. 5

U.S.C. 804(3). EPA is not required to

submit a rule report regarding today’s

action under section 801 because this is

a rule of particular applicability.

List of Subjects in 40 CFR Part 268

Environmental protection, Hazardous

waste, Reporting and recordkeeping

requirements.

Dated: June, 14, 2001.

Michael Shapiro,

Acting Assistant Administrator for Solid

Waste and Emergency Response.

For the reasons set out in the

preamble, title 40, chapter I of the Code

of Federal Regulations is amended as

follows:

PART 268—LAND DISPOSAL

RESTRICTIONS

1. The authority citation for part 268

continues to read as follows:

Authority: 42 U.S.C. 6905, 6912(a), 6921,

and 6924.

2. In § 268.44, the table in paragraph

(o) is amended by adding in

alphabetical order a new entry for

‘‘Dupont Environmental Treatment—

Chambers Works Wastewater,

Deepwater, NJ’’ and adding a new

footnote 8 to read as follows:

§ 268.44 Variance from a treatment

standard.

* * * * *

(o) * * *

TABLE—WASTES EXCLUDED FROM THE TREATMENT STANDARDS UNDER § 268.40

Facility name 1 and

address

Waste

code See also

Regulated

hazardous

constituent

Wastewaters Nonwastewaters

Concentration

(mg/L) Notes Concentration(mg/kg) Notes

*******

Dupont Environmental Treatment—Chambers

Works Wastewater

Treatment Plant,

Deepwater, NJ 8.

K088 Standards under

§ 268.40.

Arsenic ................... 1.4 NA 5.0 mg/L

TCLP

NA

*******

1A facility may certify compliance with these treatment standards according to provisions in 40 CFR 268.7.

*******

8 Dupont Environmental Treatment—Chambers Works must dispose of this waste in their on-site Subtitle C hazardous waste landfill.

Note: NA means Not Applicable.

[FR Doc. 01–15880 Filed 6–25–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–B–7415]

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 (BFEs) is appropriate because

of new scientific or technical data. New

flood insurance premium rates will be

calculated from the modified BFEs for

new buildings and their contents.

DATES: These modified BFEs are

currently in effect on the dates listed in

the table below and revise the Flood

Insurance Rate Map(s) 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 Administrator, Federal Insurance

Administration and Mitigation

reconsider the changes. The modified

elevations may be changed during the

90-day period.

ADDRESSES: The modified 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.

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33891

SUPPLEMENTARY INFORMATION: The

modified BFEs 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 on 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 BFEs 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.

The changes in BFEs 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

Administrator, Federal Insurance

Administration and Mitigation certifies

that this rule is exempt from the

requirements of the Regulatory

Flexibility Act because modified BFEs

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

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

number

Alaska: Unorganized Borough.Municipality of Anchorage.April 6, 2001, April 13,

2001, Anchorage Daily

News.

The Honorable George P. Wuerch,

Mayor, Municipality of Anchorage,

P.O. Box 196650, Anchorage, Alaska 99519–6650.

March 14, 2001 .... 020005

Arkansas:

Faulkner ........ City of Conway ..... April 5, 2001, April 13,

2001, Log Cabin Democrat.

The Honorable Tab Townsell, Mayor,

City of Conway, City Hall, 1201

Oak Street, Conway, Arkansas

72032.

March 13, 2001 .... 050078

Faulkner ........ Unincorporated

Areas.

April 5, 2001, April 13,

2001, Log Cabin Democrat.

The Honorable John Wayne Carter,

Faulkner County Judge, Faulkner

County Court House, 801 Locust

Avenue, Conway, Arkansas 72032.

March 13, 2001 .... 050431

Arizona:

Maricopa ....... City of Scottsdale April 6, 2001, April 13,

2001, Arizona Republic.

The Honorable Mary Manross, Mayor,

City of Scottsdale, 3939 North

Drinkwater Boulevard, Scottsdale,

Arizona 85251.

March 13, 2001 .... 045012

Maricopa ....... City of Tucson ...... March 23, 2001, March

30, 2001, Tucson Citizen.

The Honorable Robert Walkup,

Mayor, City of Tucson, P.O. Box

27210, Tucson, Arizona 85726.

March 5, 2001 ...... 040076

Maricopa ....... Unincorporated

Areas.

April 6, 2001, April 13,

2001, Arizona Republic.

The Honorable Janice K. Brewer,

Chairman, Maricopa County Board

of Supervisors, 301 West Jefferson,

10th Floor, Phoenix, Arizona 85003.

July 5, 2001 ......... 040037

California:

Los Angeles .. City of Los Angeles.March 30, 2001, April 6,

2001, Metropolitan

News-Enterprise.

The Honorable Richard Riordan,

Mayor, City of Los Angeles, 200

North Main Street, Room 800, Los

Angeles, California 90012.

March 6, 2001 ...... 060137

Los Angeles .. Unincorporated

Areas.

March 30, 2001, April 6,

2001, Whittier Daily

News.

The Honorable Michael Antonovich,

Chairperson, Los Angeles County

Board of Supervisors, 500 West

Temple Street, Suite 869, Los Angeles, California 90012.

March 9, 2001 ...... 065043

33892 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community Effective date of

modification

Community

number

San Diego ..... City of El Cajon .... May 17, 2001, May 24,

2001, East County Californian.

The Honorable Mark Lewis, Mayor,

City of El Cajon, 200 East Main

Street, El Cajon, California 92020.

April 27, 2001 ...... 060289

San Diego ..... Unincorporated

Areas.

May 17, 2001, May 24,

2001, San Diego Union

Tribune.

The Honorable Bill Horn, Chairman,

San Diego County Board of Supervisors, 1600 Pacific Highway,

Room 335, San Diego, California

92101.

April 27, 2001 ...... 060284

Santa Clara ... City of Santa Clara April 11, 2001, April 18,

2001, Santa Clara

Weekly.

The Honorable Judy Nadler, Mayor,

City of Santa Clara, City Hall, 1500

Warburton Avenue, Santa Clara,

California 95050.

July 17, 2001 ....... 060350

Santa Clara ... City of Milpitas ..... May 31, 2001, June 7,

2001, Milpitas Post.

The Honorable Henry Manayan,

Mayor, City of Milpitas, 455 East

Calaveras Boulevard, Milpitas, California 95035.

May 15, 2001 ....... 060344

Colorado: Boulder

and Jefferson.

City of Broomfield May 30, 2001, June 6,

2001, Broomfield Enterprise.

The Honorable William Berens,

Mayor, City of Broomfield, One

DesCombes Drive, Broomfield, Colorado 80020.

September 4,

2001.

085073

Montana: ButteSilver.Unincorporated

Areas Bow

County.

March 23, 2001, March

30, 2001, Montana

Standard.

The Honorable Judy Jacobsen, Chief

Executive Officer, Butte-Silver Bow

County Courthouse, Room 106,

155 West Granite Street, Butte,

Montana 59701.

March 1, 2001 ...... 300077

Nevada:

Clark .............. City of North Las

Vegas.

May 18, 2001, May 25,

2001, Las Vegas Review Journal.

The Honorable Michael L.

Montandon, Mayor, City of North

Las Vegas, P.O. Box 4086, North

Las Vegas, Nevada 89030–4086.

April 27, 2001 ...... 320007

Nye ................ Unincorporated

Areas.

April 26, 2001, May 3,

2001, Tonopah Times.

The Honorable Jeff Taguchi, Chairman, Nye County Board of Commissioners, P.O. Box 153,

Tonopah, Nevada 89049.

April 5, 2001 ........ 320018

Texas:

Angelina ........ City of Lufkin ........ March 30, 2001, April 6,

2001, Lufkin Daily News.

The Honorable Louis A. Bronaugh,

Mayor, City of Lufkin, 300 East

Shepherd, Lufkin, Texas 75902.

June 28, 2001 ...... 480009

Collin ............. City of Murphy ...... August 16, 2000, August

23, 2000, Wylie News.

The Honorable Roy W. Bentle,

Mayor, City of Murphy, 205 North

Murphy Road, Murphy, Texas

75094.

July 25, 2000 ....... 480137

Fort Bend ...... City of Stafford ..... April 18, 2001, April 25,

2001, Fort Bend Star.

The Honorable Leonard Scarcella,

Mayor, City of Stafford, City Hall,

2610 South Main Street, Stafford,

Texas 77477.

March 23, 2001 .... 480233

Wyoming: Teton ... Town of Jackson .. October 25, 2000, November 1, 2000, Jackson

Hole News.

The Honorable Barney Oldfield,

Mayor, Town of Jackson, P.O. Box

1687, Jackson, Wyoming 83001.

January 30, 2001 560052

Virginia:

Rockingham .. City of Harrisonburg.April 12, 2001, April 19,

2001, Daily News

Record.

The Honorable Carolyn W. Frank,

Mayor, City of Harrisonburg, 374

South Carlton Street, Harrisonburg,

Virginia 22801.

March 28, 2001 .... 510076

Rockingham .. Unincorporated

Areas.

April 12, 2001, April 19,

2001, Daily News

Record.

The Honorable Pablo Cuevas, Chairman, Rockingham County Board of

Supervisors, 543 Elm Street,

Broadway, Virginia 22815.

March 28, 2001 .... 510133

(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. 01–15925 Filed 6–25–01; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: Base (1% annual chance)

Flood Elevations (BFEs) and modified

BFEs are made final for the

communities listed below. The BFEs

and modified BFEs are the basis for the

floodplain management measures that

each 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