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Federal Register / Vol. 71, No.

138 / Wednesday, July 19, 2006 / Rules and Regulations 40925

This rule also does not have tribal cannot take effect until 60 days after it (3), (4) and (5); 17.8.902(2), (3), (4) and
implications because it will not have a is published in the Federal Register. (5); 17.8.1002(2), (3), (4) and (5); and
substantial direct effect on one or more This action is not a ‘‘major rule’’ as 17.8.1102(2), (3) and (4), effective June
Indian tribes, on the relationship defined by 5 U.S.C. 804(2). 17, 2005.
between the Federal Government and Under section 307(b)(1) of the Clean
[FR Doc. E6–11344 Filed 7–18–06; 8:45 am]
Indian tribes, or on the distribution of Air Act, petitions for judicial review of
BILLING CODE 6560–50–P
power and responsibilities between the this action must be filed in the United
Federal Government and Indian tribes, States Court of Appeals for the
as specified by Executive Order 13175 appropriate circuit by September 18,
(65 FR 67249, November 9, 2000). This 2006. Filing a petition for DEPARTMENT OF HOMELAND
action also does not have Federalism reconsideration by the Administrator of SECURITY
implications because it does not have this final rule does not affect the finality
Federal Emergency Management
substantial direct effects on the States, of this rule for the purposes of judicial
Agency
on the relationship between the national review nor does it extend the time
government and the States, or on the within which a petition for judicial
44 CFR Part 67
distribution of power and review may be filed, and shall not
responsibilities among the various postpone the effectiveness of such rule Final Flood Elevation Determinations
levels of government, as specified in or action. This action may not be
Executive Order 13132 (64 FR 43255, challenged later in proceedings to AGENCY: Federal Emergency
August 10, 1999). This action merely enforce its requirements. (See section Management Agency (FEMA),
approves a state rule implementing a 307(b)(2).) Department of Homeland Security,
Federal standard, and does not alter the Mitigation Division.
relationship or the distribution of power List of Subjects in 40 CFR Part 52 ACTION: Final rule.
and responsibilities established in the Environmental protection, Air
Clean Air Act. This rule also is not pollution control, Carbon monoxide, SUMMARY: Base (1% annual chance)
subject to Executive Order 13045 Incorporation by reference, Flood Elevations (BFEs) and modified
‘‘Protection of Children from Intergovernmental relations, Lead, BFEs are made final for the
Environmental Health Risks and Safety Nitrogen dioxide, Ozone, Particulate communities listed below. The BFEs
Risks’’ (62 FR 19885, April 23, 1997), matter, Reporting and recordkeeping and modified BFEs are the basis for the
because it is not economically requirements, Sulfur oxides, Volatile floodplain management measures that
significant. organic compounds. each community is required either to
In reviewing SIP submissions, EPA’s adopt or to show evidence of being
Dated: June 13, 2006.
role is to approve state choices, already in effect in order to qualify or
Andrew M. Gaydosh, remain qualified for participation in the
provided that they meet the criteria of
the Clean Air Act. In this context, in the Acting Regional Administrator, Region 8. National Flood Insurance Program
absence of a prior existing requirement ■ 40 CFR part 52 is amended to read as (NFIP).
for the State to use voluntary consensus follows: DATES: Effective Dates: The date of
standards (VCS), EPA has no authority issuance of the Flood Insurance Rate
to disapprove a SIP submission for PART 52—[AMENDED]
Map (FIRM) showing BFEs and
failure to use VCS. It would thus be ■ 1. The authority citation for part 52 modified BFEs for each community.
inconsistent with applicable law for continues to read as follows: This date may be obtained by contacting
EPA, when it reviews a SIP submission, the office where the maps are available
to use VCS in place of a SIP submission Authority: 42 U.S.C. 7401 et seq.
for inspection as indicated on the table
that otherwise satisfies the provisions of Subpart BB—Montana below.
the Clean Air Act. Thus, the
ADDRESSES: The final BFEs for each
requirements of section 12(d) of the ■ 2. Section 52.1370 is amended by community are available for inspection
National Technology Transfer and adding paragraph (c)(64) to read as at the office of the Chief Executive
Advancement Act of 1995 (15 U.S.C. follows: Officer of each community. The
272 note) do not apply. This rule does
§ 52.1370 Identification of plan. respective addresses are listed in the
not impose an information collection
table below.
burden under the provisions of the * * * * *
Paperwork Reduction Act of 1995 (44 (c) * * * FOR FURTHER INFORMATION CONTACT:
U.S.C. 3501 et seq.). (64) Revisions to State William R. Blanton, Jr., Engineering
The Congressional Review Act, 5 Implementation Plan were submitted by Management Section, Mitigation
U.S.C. 801 et seq., as added by the Small the State of Montana on October 25, Division, Federal Emergency
Business Regulatory Enforcement 2005. The revisions are to the Management Agency, 500 C Street SW.,
Fairness Act of 1996, generally provides Administrative Rules of Montana and: Washington, DC 29472, (202) 646–3151.
that before a rule may take effect, the update the citations and references to SUPPLEMENTARY INFORMATION: FEMA
agency promulgating the rule must federal documents and addresses where makes the final determinations listed
submit a rule report, which includes a copies of documents can be obtained; below for the modified BFEs for each
copy of the rule, to each House of the and delete the definition of ‘‘public community listed. These modified
Congress and to the Comptroller General nuisance’’ from Sub-Chapter 1 and the elevations have been published in
of the United States. EPA will submit a definitions of ‘‘animal matter’’ and newspapers of local circulation and
report containing this rule and other ‘‘reduction’’ from Sub-Chapter 3. ninety (90) days have elapsed since that
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required information to the U.S. Senate, (i) Incorporation by reference. publication. The Mitigation Division
the U.S. House of Representatives, and (A) Administrative Rules of Montana Director has resolved any appeals
the Comptroller General of the United (ARM) sections: ARM 17.8.102(1), resulting from this notification.
States prior to publication of the rule in 17.8.103(3) and (4); 17.8.302(2), (3) and This final rule is issued in accordance
the Federal Register. A major rule (4); 17.8.602(2), (3) and (4); .17.8.802(2), with section 110 of the Flood Disaster

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40926 Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations

Protection Act of 1973, 42 U.S.C. 4104, that this rule is exempt from the List of Subjects in 44 CFR Part 67
and 44 CFR part 67. requirements of the Regulatory
The Agency has developed criteria for Flexibility Act because final or modified Administrative practice and
floodplain management in floodprone BFEs are required by the Flood Disaster procedure, flood insurance, reporting
areas in accordance with 44 CFR part Protection Act of 1973, 42 U.S.C. 4104, and recordkeeping requirements.
60. and are required to establish and ■Accordingly, 44 CFR Part 67 is
Interested lessees and owners of real maintain community eligibility in the
property are encouraged to review the amended as follows:
NFIP. No regulatory flexibility analysis
proof Flood Insurance Study and FIRM has been prepared. PART 67—[AMENDED]
available at the address cited below for Regulatory Classification. This final
each community. rule is not a significant regulatory action ■ 1. The authority citation for part 67
The BFEs and modified BFEs are
under the criteria of Section 3(f) of continues to read as follows:
made final in the communities listed
Executive Order 12866 of September 30, Authority: 42 U.S.C. 4001 et seq.;
below. Elevations at selected locations
1993, Regulatory Planning and Review, Reorganization Plan No. 3 of 1978, 3 CFR,
in each community are shown.
National Environmental Policy Act. 58 FR 51735. 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,
This rule is categorically excluded from Executive Order 13132, Federalism. 3 CFR, 1979 Comp., p. 376.
the requirements of 44 CFR part 10, This rule involves no policies that have
Environmental Consideration. No federalism implications under Executive § 67.11 [Amended]
environmental impact assessment has Order 13132. ■ 2. The tables published under the
been prepared. Executive Order 12988, Civil Justice authority of § 67.11 are amended as
Regulatory Flexibility Act. The Reform. This rule meets the applicable follows:
Mitigation Division Director certifies standards of Executive Order 12988.

#Depth in feet
above ground.
*Elevation in feet
Source of flooding and location Communities affected
(NGVD)
♦Elevation in feet
(NAVD)

Faulkner County, Arkansas and Incorporated Areas (FEMA Docket No. P–7689)
Gold Creek (South):
Approximately 1,050 feet downstream of Sturges Road ........................................................ ♦273 City of Conway.
Approximately 2,700 feet upstream of Wasson Road ............................................................ ♦323
Middle Fork Cypress Bayou:
At the confluence with Cypress Bayou ................................................................................... ♦288 City of Vilonia Faulkner
County (Unincorprated
Areas).
Approximately 440 feet upstream of Marshall Road ............................................................... ♦319
North Fork Cypress Bayou:
At confluence with Cypress Bayou ......................................................................................... ♦288 City of Vilonia Faulkner
County (Unincorpoated
Areas).
Approximately 730 feet upstream of North Marshall Road ..................................................... ♦329
Palarm Creek:
At State Highway 286 .............................................................................................................. ♦276 Faulkner County
(Unincorpoated Areas).
Approximately 4,180 feet upstream of State Highway 36 ...................................................... ♦318
South Fork Cypress Bayou:
At confluence with Cypress Bayou ......................................................................................... ♦288 City of Vilonia Faulkner
County (Unincorpoated
Areas).
Approximately 115 feet upstream of Church Street ................................................................ ♦320
Warren Creek:
At confluence with Palarm Creek ............................................................................................ ♦276 Faulkner County
(Unincorpoated Areas).
Approximately 530 feet upstream of Lower Ridge Road ........................................................ ♦312

ADDRESSES
City of Conway, Faulkner County, Arkansas:
Maps are available for inspection at the City of Conway, 100 East Robins, Conway, Arkansas.
Faulkner County (Unincorporated Areas):
Maps are available for inspection at Faulkner County Emergency Management, 801 Locust Street, Conway, Arkansas.
City of Vilonia, Faulkner County, Arkansas:
Maps are available for inspection at Vilonia City Hall, 1113 Main Street, Vilonia, Arkansas.
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Federal Register / Vol. 71, No. 138 / Wednesday, July 19, 2006 / Rules and Regulations 40927

(Catalog of Federal Domestic Assistance No. Printing, Inc., 445 12th Street, SW., FOR FURTHER INFORMATION CONTACT:
83.100, ‘‘Flood Insurance.’’) Room CY–B402, Washington, DC 20554, Andrew J. Rhodes, Media Bureau, (202)
Dated: July 7, 2006. (800) 378–3160, or via the company’s 418–2180.
David I. Maurstad, Web site, http://www.bcpiweb.com. The SUPPLEMENTARY INFORMATION: This is a
Director, Mitigation Division, Federal Commission will send a copy of this synopsis of the Commission’s
Emergency Management Agency, Department Report and Order in a report to be sent Memorandum Opinion and Order, MM
of Homeland Security. to Congress and the Government Docket No. 02–266, adopted July 5,
[FR Doc. E6–11393 Filed 7–18–06; 8:45 am] Accountability Office pursuant to the 2006, and released July 7, 2006. The full
BILLING CODE 9110–12–P Congressional Review Act, see U.S.C. text of this Commission decision is
801(a)(1)(A). available for inspection and copying
List of Subjects in 47 CFR Part 73 during normal business hours in the
FEDERAL COMMUNICATIONS FCC Reference Information Center
COMMISSION Radio, Radio broadcasting. (Room CY–A257), 445 12th Street, SW.,
■ As stated in the preamble, the Federal Washington, DC 20554. The complete
47 CFR Part 73 Communications Commission amends text of this decision may also be
[DA 06–1406; MB Docket No. 05–139; RM–
47 CFR part 73 as follows: purchased from the Commission’s copy
11218] contractor, Best Copy and Printing, Inc.,
PART 73—RADIO BROADCAST Portals II, 445 12th Street, SW., Room
Radio Broadcasting Services; SERVICES CY–B402, Washington, DC 20554,
Americus and Emporia, KS ■ 1. The authority citation for part 73 telephone 1–800–378–3160 or http://
continues to read as follows: www.BCPIWEB.com.
AGENCY: Federal Communications
In the Report and Order in this
Commission. Authority: 47 U.S.C. 154, 303, 334, 336.
proceeding, the staff approved the
ACTION: Final rule. § 73.202 [Amended] reallotment, downgrade, and change of
SUMMARY: The Audio Division, at the ■ 2. Section 73.202(b), the Table of FM community of license for Station
request of Dana J. Puopolo, allots Allotments under Section 73.202(b), the WMRN–FM from Channel 295B at
Channel 240A at Americus, Kansas, as Table of FM Allotments under Kansas, Marion, Ohio to Channel 294B1 at
the community’s first local FM service. is amended by adding Americus, Dublin, Ohio. To accommodate the
In order to accommodate that allotment, Channel 240A, by removing Channel Station WMRN–FM relocation to
the Audio Division also substitutes 241A and by adding Channel 244A at Dublin, the staff also granted the
Channel 244A for Channel 241A at Emporia. reallotment, downgrade, and change of
Emporia, Kansas, and modifies the community of license for Station
Federal Communications Commission.
license of Station KANS(FM) to specify WSRW–FM from Channel 294B at
John A. Karousos, Hillsboro, Ohio, to Channel 293A at
operation on Channel 244A at Emporia, Assistant Chief, Audio Division, Media
Kansas. Channel 240A can be allotted at Chillicothe, Ohio. See 70 FR 19337
Bureau. (April 13, 2005).
Americus, Kansas, in compliance with [FR Doc. E6–11467 Filed 7–18–06; 8:45 am]
the Commission’s minimum distance This document is not subject to the
separation requirements with a site
BILLING CODE 6712–01–P Congressional Review Act. (The
restriction of 12.5 km (7.8 miles) Commission, is, therefore, not required
southwest of Americus. The coordinates to submit a copy of this Memorandum
FEDERAL COMMUNICATIONS Opinion and Order to GAO, pursuant to
for Channel 240A at Americus, Kansas, COMMISSION
are 38–25–13 North Latitude and 96– the Congressional Review Act, see 5
21–12 West Longitude. Channel 244A U.S.C. 801(a)(1)(A) because the petition
47 CFR Part 73
can be substituted for Channel 241A at for reconsideration was denied.)
[DA 06–1407; MB Docket No. 02–266; RM–
the current transmitter location for Federal Communications Commission.
10557]
Station KANS(FM): 38–24–21 North John A. Karousos,
Latitude and 96–14–13 West Longitude, Radio Broadcasting Services; Assistant Chief, Audio Division, Media
with a site location of 4.9 km (3.0 miles) Chillicothe, Dublin, Hillsboro, and Bureau.
west of Emporia. Marion, OH [FR Doc. E6–11421 Filed 7–18–06; 8:45 am]
DATES: Effective August 21, 2006. BILLING CODE 6712–01–P
AGENCY: Federal Communications
FOR FURTHER INFORMATION CONTACT: Commission.
Deborah Dupont, Media Bureau, (202)
ACTION: Final rule; denial of petition for FEDERAL COMMUNICATIONS
418–2180.
reconsideration. COMMISSION
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report SUMMARY: The staff denied a petition for 47 CFR Part 73
and Order, MB Docket No. 05–139, reconsideration filed by the Committee
adopted July 5, 2006, and released July for Competitive Columbus Radio of a [DA 06–1295]
7, 2006. The full text of this Report and Order in this proceeding,
Radio Broadcasting Services; Franklin,
Commission decision is available for which had granted a rulemaking
LA
inspection and copying during normal petition to reallot, downgrade, and
business hours in the FCC Reference change the communities of license for AGENCY: Federal Communications
Information Center, Portals II, 445 12th two Ohio radio stations. The staff Commission.
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Street, SW., Room CY–A257, determined that the reconsideration ACTION: Final rule; denial of petition for
Washington, DC 20554. The complete petition seeks to raise an argument that reconsideration.
text of this decision also may be was previously rejected in the Report
purchased from the Commission’s and Order and did not demonstrate any SUMMARY: This document denies a
duplicating contractor, Best Copy and errors of fact or law. Petition for Reconsideration filed by

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