Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 55071 

Code. Based on this information, EPA is 

proposing to approve these exemptions. 

D. Evaluation of the Changes to 

Definitions, References, and Numbering 

Several definitions were created or 

amended due to the creation of the 

general and registration permit 

programs. In addition, several regulatory 

citations were revised as well as other 

administrative changes related to the 

registration and general permit 

programs. All of the changes, as 

described in Part I, Section D, ‘‘Changes 

to Definitions, References, and 

Numbering’’, are consistent with 

Wisconsin’s statutes and the Act. 

IV. What Action Is EPA Taking Today? 

EPA is proposing to approve revisions 

to Wisconsin SIP rules NR 400, 406, 

407, and 410 submitted by the State on 

July 28, 2005. EPA also is soliciting 

comment on this proposed approval. 

V. Statutory and Executive Order 

Reviews 

Executive Order 12866; Regulatory 

Planning and Review 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this proposed 

action is not a ‘‘significant regulatory 

action’’ and therefore is not subject to 

review by the Office of Management and 

Budget. 

Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

Because it is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866 or a ‘‘significant energy 

action,’’ this action also is not subject to 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). 

Regulatory Flexibility Act 

This action merely proposes to 

approve state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this 

proposed rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

Unfunded Mandates Reform Act 

Because this action proposes to 

approve pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

Executive Order 13175 Consultation 

and Coordination With Indian Tribal 

Governments 

This proposed action does not have 

tribal implications because it will not 

have a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

Executive Order 13132 Federalism 

This proposed action does not have 

Federalism implications because it does 

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 (64 FR 43255, 

August 10, 1999). This action merely 

proposes to approve a state rule 

implementing a federal standard, and 

does not alter the relationship or the 

distribution of power and 

responsibilities established in the Act. 

Executive Order 13045 Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed approval is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not a 

significant regulatory action under 

executive order 12866. 

National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTA), 15 U.S.C. 272, 

requires federal agencies to use 

technical standards that are developed 

or adopted by voluntary consensus to 

carry out policy objectives, so long as 

such standards are not inconsistent with 

applicable law or otherwise 

impracticable. In reviewing program 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Act. Absent a prior 

existing requirement for the state to use 

voluntary consensus standards, EPA has 

no authority to disapprove a program 

submission for failure to use such 

standards, and it would thus be 

inconsistent with applicable law for 

EPA to use voluntary consensus 

standards in place of a program 

submission that otherwise satisfies the 

provisions of the Act. Therefore, the 

requirements of section 12(d) of the 

NTTA do not apply. 

Civil Justice Reform 

As required by section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this rule, EPA has 

taken the necessary steps to eliminate 

drafting errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct. 

Governmental Interference With 

Constitutionally Protected Property 

Rights 

EPA has complied with Executive 

Order 12630 (53 FR 8859, March 15, 

1988) by examining the takings 

implications of the rule in accordance 

with the ‘‘Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings’’ issued under 

the executive order, and has determined 

that the rule’s requirements do not 

constitute a taking. 

Paperwork Reduction Act 

This proposed action does not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: September 12, 2005. 

Bharat Mathur, 

Acting Regional Administrator, Region 5. 

[FR Doc. 05–18722 Filed 9–19–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7638] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

55072 Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 

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 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 

table below. 

FOR FURTHER INFORMATION CONTACT: 

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

FEMA, 500 C Street, SW., Washington, 

DC 20472, (202) 646–2903. 

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 base flood elevations 

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 

Mitigation Division Director of the 

Emergency Preparedness and Response 

Directorate 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. As a result, a 

regulatory flexibility analysis has not 

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 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

State City/town/county Source of flooding Location 

#Depth in feet 

above ground. 

*Elevation in feet (NGVD) 

•Elevation in feet (NAVD) 

Existing Modified 

Pago Pago ............. Territory of American Samoa.South Pacfic Ocean 

(Aunuu Island).

Approximately 1,000 feet northwest of the 

center of Aunuu Village.

*2 *10 

Approximately 3,500 feet northeast of the 

center of Aunuu Village.

*2 *18 

South Pacific Ocean (Ofu 

Island).

Approxiamtely 400 feet northwest of 

Nuupule Rock.

None *12 

Approximately 550 feet northeast of 

Tuumuai Point.

None *21 

South Pacific Ocean 

(Olosega Island).

Approxiamtely 1,300 feet northwest of 

Pouono Point.

None *9 

Approximately 770 feet southeast of 

Pouono Point.

None *20 

South Pacific Ocean (Tau 

Island).

Approximately 1,000 feet northwest of the 

center of Faleasao Village.

None *14 

Approximately 1,450 feet northeast of the 

center of Faleasao Village.

None *24 

South Pacific Ocean 

(Tutuila Island).

Approximately 300 feet southeast of the 

intersection of Highway 1 and Rainmaker Hotel Drive.

*4 *5 

Approximately 330 feet southeast of the 

center of Fagneanea Village.

*3 *42 

Maps available for inspection at the American Samoa Department of Public Works, American Samoa Government Center, Pago Pago, American Samoa. 

Send comments to Mr. Taeaotui P. Tilei, American Samoa Department of Public Works Director, Public Works Department, Pago Pago,

American Samoa 96799. 

Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Proposed Rules 55073 

(Catalog of Federal Domestic Assistance No. 

83.100, ‘‘Flood Insurance.’’) 

Dated: September 14, 2005. 

David I. Maurstad, 

Acting Director, Mitigation Division, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–18730 Filed 9–19–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket No. FEMA–D–7636] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

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 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 

table below. 

FOR FURTHER INFORMATION CONTACT: 

Doug Bellomo, P.E., Hazard 

Identification Section, Emergency 

Preparedness and Response Directorate, 

FEMA, 500 C Street SW., Washington, 

DC 20472, (202) 646–2903. 

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 base flood elevations 

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 Mitigation Division Director of 

the Emergency Preparedness and 

Response Directorate 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. 4105, and are required to 

establish and maintain community 

eligibility in the NFIP. As a result, a 

regulatory flexibility analysis has not 

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 [Amended] 

2. The tables published under the 

authority of § 67.4 are proposed to be 

amended as follows: 

Source of flooding Location 

#Depth in feet above 

ground 

*Elevation in feet (NGVD) 

•Elevation in feet (NAVD) 

Communities 

affected 

Existing Modified 

FLORIDA 

Alachua County 

Little Hatchet Creek ....... Approximately 0.59 mile upstream of the entrance 

to Gum Root Swamp.

•86 •85 Alachua County (Unincorporated 

Areas). 

Approximately 4,400 feet upstream of the entrance to Gum Root Swamp.•94 •89 

Little Monteocha Creek .. At the confluence with Monteocha Creek .............. None •102 Alachua County (Unincorporated 

Areas). 

Approximately 100 feet upstream of County Route 

340.

None 135