Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules 13095

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

Part 70 program approvals under

section 502 of the Act do not create any

new requirements, but simply approve

requirements that the State is already

imposing. Therefore, because the

Federal part 70 program approval does

not impose any new requirements, I

certify 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

Act, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids the EPA to base its actions

concerning part 70 programs 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. section 7410(a)(2)).

List of Subjects in 40 CFR Part 70

Administrative practice and

procedure, Air pollution control,

Checklist, Environmental protection,

Intergovernmental relations,

Memorandum of understanding,

Operating permits, Options for

approval/disapproval and implications,

Permit fee demonstration.

Authority: 42 U.S.C. 7401–7671q.

Dated: February 22, 1995.

William B. Hathaway,

Acting Regional Administrator (6M).

[FR Doc. 95–5981 Filed 3–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 761

[OPPTS–660019B; FRL–4938–5]

Disposal of Polychlorinated Biphenyls

(PCBs); Notice of Informal Hearing

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of Informal Hearing.

SUMMARY: On December 6, 1994, EPA’s

Office of Pollution Prevention and

Toxics published a proposed rule [59 FR

62788] to amend its rules under the

Toxic Substances Control Act (TSCA)

for polychlorinated biphenyls (PCBs).

Changes proposed by EPA would affect

the disposal, marking, storage, use,

reporting and recordkeeping

requirements for PCBs. In that notice,

EPA said it would conduct one or more

informal public hearings in the

Washington, DC, area on the proposal,

to be held after the closure of the

written comment period on April 6,

1995. This notice announces the time

and location of that hearing.

DATES: The hearing will take place on

Tuesday, May 2, 1995, from 9:00 a.m. to

5:00 p.m. If necessary, the hearing will

be extended to 9:30 p.m., and it may

also be continued the following day,

Wednesday, May 3, 1995, beginning at

9:00 a.m. Written requests to participate

in the hearing must be received on or

before April 6, 1995.

ADDRESSES: The hearing will be held at

the Holiday Inn of Arlington at Ballston,

4610 North Fairfax Drive, Arlington,

Virginia 22203, telephone (703) 243–

9800. Three copies of the request to

participate in the informal hearing,

identified with the docket number

OPPTS–660019B must be submitted to:

OPPT Document Control Officer, Attn:

TSCA Docket Receipts (7407), Office of

Pollution Prevention and Toxics, Rm.

G–99, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. See SUPPLEMENTARY

INFORMATION for the type of

information that must be included in

the request and who may participate.

Statements must be limited to 15

minutes. Requests for a waiver to

participate in the informal hearing by

those organizations that did not file

main comments must be sent to EPA

Headquarters Hearing Clerk, Mail Code

7404, 401 M St., SW., Washington, DC

20460.

FOR FURTHER INFORMATION CONTACT:

Susan B. Hazen, Director,

Environmental Assistance Division

(7408), Office of Pollution Prevention

and Toxics, Rm. E–543B, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460, Telephone:

(202) 554–1404, TDD: (202) 554–0551,

FAX: (202) 554–5603 (document

requests only).

SUPPLEMENTARY INFORMATION: The

procedures for rulemaking under

section 6 of the Toxic Substances

Control Act (TSCA) are identified in 40

CFR part 750, subpart A. The following

summarizes the procedures and logistics

associated with this informal hearing

pursuant to 40 CFR part 750.

Participants and/or commenters are

advised to see 40 CFR part 750 for

greater detail. Each person or

organization desiring to participate in

the informal hearing shall file a written

request to participate with the OPPT

Document Control Officer (see

ADDRESSES above). The request shall

be received on or before April 6, 1995.

The request shall include: (1) A brief

statement of the interest of the person or

organization in the proceeding; (2) a

brief outline of the points to be

addressed; (3) an estimate of the time

required (not to exceed 15 minutes); and

(4) if the request comes from an

organization, a nonbinding list of the

persons to take part in the presentation.

An organization that has not filed main

comments on the rulemaking will not be

allowed to participate in the hearing,

unless a waiver of this requirement is

granted by the Record and Hearing Clerk

(see ADDRESSES above) or the

organization is appearing at the request

of EPA or under subpoena (40 CFR

750.6(a)).

A panel of EPA employees shall

preside at the hearing, and one panel

member will chair the proceedings. The

panel may question any individual or

group participating in the hearing on

any subject relating to the rulemaking.

Cross-examination will normally not be

permitted at this stage. However,

persons in the hearing audience may

submit questions in writing for the

hearing panel to ask the participants,

and the hearing panel may, at their

discretion, ask these questions (40 CFR

750.7(a) and (b)). See 40 CFR 750.7(c)

for the rule governing the submission of

additional material by the hearing

participants.

After the close of the hearing, any

participant in the hearing may submit a

written request for cross-examination.

The request shall be received by EPA no

later than 1 week after a full transcript

of the hearing becomes available (to

determine when the transcript is

available, interested persons may

contact the Environmental Assistance

Division (see FOR FURTHER

INFORMATION CONTACT above)). See

40 CFR 750.8 for a description of the

information that shall be included in

such a request.

Interested persons may file reply

comments. Reply comments shall be

received no later than 2 weeks after the

close of all informal hearings, including

any hearing to allow cross-examination.

Reply comments shall be restricted to

comments on: (1) other comments; (2)

material in the hearing record; and (3)

material which was not and could not

reasonably have been available to the

commenting party a sufficient time

before main comments were due on

April 6, 1995. (40 CFR 750.4(a) and (b)).

Extensions of time for filing reply

comments may be granted pursuant to

40 CFR 750.4(c). Reply comments and a

transcript of the hearing will be placed

in the Nonconfidential Information

Center as part of the rulemaking record

for the proposed rule (docket number

OPPTS–660019B). A full list of these

materials is available for inspection and

copying in the TSCA Nonconfidential

Information Center, Rm. B607,

Northeast Mall, 401 M St., SW.,
13096 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Proposed Rules

Washington, DC, from 12 noon to 4 p.m.

However, any information claimed as

Confidential Business Information (CBI)

that is part of the record for this

rulemaking is not available for public

review. A public version of the record,

from which information claimed as CBI

has been excluded, is available for

inspection. The address for the TSCA

Docket Receipts appears under the

‘‘ADDRESSES’’ section of this notice.

List of Subjects in 40 CFR Part 761

Environmental protection, Hazardous

substances, Labeling, Polychlorinated

biphenyls, Reporting and

Recordkeeping requirements.

Dated: March 2, 1995.

Joseph S. Carra,

Acting Director, Office of Pollution Prevention

and Toxics.

[FR Doc. 95–5986 Filed 3–9–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 67

[Docket No. FEMA–7128]

Proposed Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Proposed rule.

SUMMARY: Technical information or

comments are requested on the

proposed base (100-year) flood

elevations and proposed base flood

elevation modifications for the

communities listed below. The base

(100-year) flood elevations 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 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:

Michael K. Buckley, P.E., Chief, Hazard

Identification Branch, Mitigation

Directorate, 500 C Street, SW.,

Washington, DC 20472, (202) 646–2756.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

(FEMA or Agency) proposes to make

determinations of base (100-year) flood

elevations and modified base flood

elevations 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 and

modified base flood 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

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

Associate Director, Mitigation

Directorate, certifies that this proposed

rule is exempt from the requirements of

the Regulatory Flexibility Act because

proposed or modified base flood

elevations 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 National Flood

Insurance Program. 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)

Existing Modified

Connecticut ........... East Lyme (Town)

New London

County.

Latimer Brook ................... Approximately 0.3 mile downstream of

Rock Fill Dam.

None *79

Approximately 1,100 feet upstream of

Chapman Drive.

None *98