[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Rules and Regulations]               
[Page 54933-54934]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se06-14]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 67

[FEMA Docket No. D-7642]

 
Withdrawal of Final Flood Elevation Determination for the Listed 
Communities in Yuma and Coconino Counties, AZ

AGENCY: Federal Emergency Management Agency (FEMA), Department of 
Homeland Security (DHS).

ACTION: Final rule; withdrawal.

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SUMMARY: The Federal Emergency Management Agency (FEMA) withdraws the 
final flood elevation determination published in 71 FR 33647, June 12, 
2006 for the Unincorporated Areas of Yuma County and Cities of San Luis 
and Yuma, and the Unincorporated Areas of Coconino County, and City of 
Flagstaff, Arizona, hereafter referred to as ``listed communities.'' A 
final flood elevation determination will be made at a later date.

[[Page 54934]]


DATES: Effective Date: This rule is effective September 20, 2006.

FOR FURTHER INFORMATION CONTACT: William R. Blanton, Jr., CFM, Chief, 
Engineering Management Section, Mitigation Division, 500 C Street, SW., 
Washington, DC 20472, (202) 646-3151.

SUPPLEMENTARY INFORMATION: On March 29, 2006, FEMA issued a letter to 
the Unincorporated Areas of Yuma County and Cities of San Luis and 
Yuma, and the Unincorporated Areas of Coconino County, and City of 
Flagstaff, Arizona, hereafter referred to as ``listed communities'' 
finalizing the flood elevation determinations. In addition, the March 
29, 2006 letter established a September 29, 2006, effective date for 
the Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for 
the listed communities. During the final processing of the FIS and FIRM 
it was determined that there are levee structures within the listed 
counties that are shown as providing protection against the 1% annual 
chance flood event. FEMA will only recognize those levee systems that 
meet, and continue to meet, minimum design, operation, and maintenance 
standards. 44 CFR 65.10 describes the information needed to recognize 
whether a levee system provides protection from the base flood event. 
The required information must be supplied to FEMA by the community or 
other party seeking recognition of the levee system. To acquire FEMA's 
recognition that a levee system protects an area against the base flood 
event, a community or levee owner must supply FEMA with such data as 
certification and design criteria (including information on freeboard, 
closures, embankment protection, embankment and foundation stability, 
settlement, interior drainage, etc.), and operation and maintenance 
plans.
    Until the aforementioned levee information is submitted to FEMA, 
the final flood elevation published in 71 FR 33647, June 12, 2006 for 
the listed communities is hereby withdrawn in accordance with section 
110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104. Until 
further notice, the release of the FIS and FIRM for the listed 
communities has been postponed.
    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. As flood elevation determinations are 
not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-
612, a regulatory flexibility analysis is not required.
    Regulatory Classification. This final 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 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

    Administrative practice and procedure, Flood insurance, Reporting 
and recordkeeping requirements.


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Accordingly, 44 CFR part 67 is amended as follows:

PART 67--[AMENDED]

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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.


Sec.  67.11  [Amended]

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2. The tables published under the authority of Sec.  67.11 are amended 
to withdraw the following:
    The final flood elevation determination published in 71 FR 33647, 
June 12, 2006 for the Unincorporated Areas of Yuma County and Cities of 
San Luis and Yuma, and the Unincorporated Areas of Coconino County, and 
City of Flagstaff, Arizona.

    Dated: September 13, 2006.
David I. Maurstad,
Director, Mitigation Division, Federal Emergency Management Agency, 
Department of Homeland Security.
[FR Doc. 06-7808 Filed 9-19-06; 8:45 am]

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