Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58335

Note: For more information on FOIA, 

including the most current listing of FOIA 

Contacts, visit DOI’s FOIA home page at 

http://www.doi.gov/foia/.

Dated: September 21, 2004. 

P. Lynn Scarlett, 

Assistant Secretary—Policy, Management 

and Budget.

[FR Doc. 04–21789 Filed 9–29–04; 8:45 am] 

BILLING CODE 4310–RK–C

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7847] 

Suspension of Community Eligibility

AGENCY: Federal Emergency 

Management Agency, Emergency 

Preparedness and Response Directorate, 

Department of Homeland Security.

ACTION: Final rule.

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are suspended on the 

effective dates listed within this rule 

because of noncompliance with the 

floodplain management requirements of 

the program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will be withdrawn 

by publication in the Federal Register.

DATES: Effective Dates: The effective 

date of each community’s suspension is 

the third date (‘‘Susp.’’) listed in the 

third column of the following tables.

ADDRESSES: If you wish to determine 

whether a particular community was 

suspended on the suspension date, 

contact the appropriate FEMA Regional 

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Mike Grimm, Mitigation Division, 500 C 

Street, SW., Room 412, Washington, DC 

20472, (202) 646–2878.

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the 

National Flood Insurance Program, 42 

U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59 et seq. Accordingly, the communities 

will be suspended on the effective date 

in the third column. As of that date, 

flood insurance will no longer be 

available in the community. However, 

some of these communities may adopt 

and submit the required documentation 

of legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

their eligibility for the sale of insurance. 

A notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, the Federal Emergency 

Management Agency has identified the 

special flood hazard areas in these 

communities by publishing a Flood 

Insurance Rate Map (FIRM). The date of 

the FIRM if one has been published, is 

indicated in the fourth column of the 

table. No direct Federal financial 

assistance (except assistance pursuant to 

the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act not in 

connection with a flood) may legally be 

provided for construction or acquisition 

of buildings in the identified special 

flood hazard area of communities not 

participating in the NFIP and identified 

for more than a year, on the Federal 

Emergency Management Agency’s 

initial flood insurance map of the 

community as having flood-prone areas 

(section 202(a) of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 

4106(a), as amended). This prohibition 

against certain types of Federal 

assistance becomes effective for the 

communities listed on the date shown 

in the last column. The Administrator 

finds that notice and public comment 

under 5 U.S.C. 553(b) are impracticable 

and unnecessary because communities 

listed in this final rule have been 

adequately notified. 

Each community receives a 6-month, 

90-day, and 30-day notification 

addressed to the Chief Executive Officer 

that the community will be suspended 

unless the required floodplain 

management measures are met prior to 

the effective suspension date. Since 

these notifications have been made, this 

final rule may take effect within less 

than 30 days. 

National Environmental Policy Act.

This rule is categorically excluded from 

the requirements of 44 CFR Part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

they take remedial action.

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. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq.

Executive Order 12612, Federalism.

This rule involves no policies that have 

federalism implications under Executive 

Order 12612, Federalism, October 26, 

1987, 3 CFR, 1987 Comp.; p. 252. 

Executive Order 12778, Civil Justice 

Reform. This rule meets the applicable 

standards of section 2(b)(2) of Executive 

Order 12778, October 25, 1991, 56 FR 

55195, 3 CFR, 1991 Comp.; p. 309.

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains.

■ Accordingly, 44 CFR part 64 is 

amended as follows:

PART 64—[AMENDED]

■ 1. The authority citation for Part 64 

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.

§ 64.6 [Amended]

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows:

58336 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of sale 

of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in special flood hazard 

areas

Region VII

Nebraska: 

Deshler, City of, Thayer County .... 310218 August 20, 1974, Emerg; February 1, 1987, Reg; 

September 30, 2004, Susp.

Sept. 30, 2004 .. Sept. 30, 2004. 

Hebron, City of, Tyaher County .... 310219 February 27, 1975, Emerg; July 16, 1987, Reg; 

September 30, 2004, Susp.

......do ............... Do. 

Hubbell, Village of Thayer County 310220 June 20, 1975, Emerg; February 1, 1987, Reg; 

September 30, 2004, Susp.

......do ............... Do. 

Stanton, City of, Stanton County ... 310217 May 12, 1975, Emerg; September 18, 1987, 

Reg; September 30, 2004, Susp.

......do ............... Do. 

Stanton County, Unicorporated 

Areas.

310478 February 14, 1994, Emerg; December 19, 1987, 

Reg; September 30, 2004, Susp.

......do ............... Do. 

Thayer County, Unincorporated 

Areas.

310479 March 20, 1996, Emerg; September 30, 2004, 

Reg; September 30, 2004, Susp.

......do ............... Do.

Region VIII

Montana: 

Fort Peck Indian Reservation ........ 300187 October 7, 1996, Emerg; September 30, 2004, 

Reg; September 30, 2004, Susp.

......do ............... Do. 

*

-Do- = Ditto 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–21974 Filed 9–29–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 

12, 13, 15, 16, 24, 25, 26, 27, 28, 30, 31, 

34, 35, 36, 38, 39, 42, 44, 45, 46, 47, 50, 

52, 53, 54, 56, 58, 59, 61, 62, 63, 64, 67, 

68, 69, 70, 71, 72, 76, 77, 78, 80, 90, 91, 

92, 95, 96, 97, 98, 105, 107, 108, 109, 

110, 111, 112, 113, 114, 116, 117, 118, 

119, 120, 121, 122, 125, 127, 128, 129, 

130, 131, 132, 133, 134, 147, 147A, 148, 

150, 151, 153, 154, 159, 161, 162, 166, 

167, 168, 169, 170, 171, 172, 173, 174, 

175, 177, 178, 179, 180, 181, 182, 183, 

184, 185, 188, 189, 190, 193, 194, 195, 

196, 197, 199, and 401 

49 CFR Parts 450, 451, 452, and 453 

[USCG–2004–18884] 

RIN 1625–ZA03 

Shipping and Transportation; 

Technical, Organizational and 

Conforming Amendments

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

SUMMARY: By this final rule, the Coast 

Guard is making editorial and technical 

changes throughout titles 46 and 49 of 

the Code of Federal Regulations (CFR) to 

update and correct the titles before they 

are revised on October 1, 2004. Our rule 

updates organization names and 

addresses, and makes conforming 

amendments and technical corrections. 

This rule will have no substantive effect 

on the regulated public.

DATES: This final rule is effective 

September 30, 2004.

ADDRESSES: Documents as indicated in 

this preamble are available for 

inspection or copying under docket 

number (USCG–2004–1884) at the 

Docket Management Facility, U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. You may also find this 

docket on the Internet at http://

dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Robert Spears, Project Manager, 

Standards Evaluation and Development 

Division (G–MSR–2), U.S. Coast Guard, 

at (202) 267–1099. If you have questions 

on viewing, or submitting material to 

the docket, call Andrea M. Jenkins, 

Program Manager, Docket Operations, 

Department of Transportation, at (202) 

366–0271.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under both 5 U.S.C. 

553(b)(A) and (b)(B), the Coast Guard 

finds that this rule is exempt from 

notice and comment rulemaking 

requirements because some of these 

changes involve agency organization 

and practices, and all of these changes 

are non-substantive. This rule consists 

only of corrections and editorial, 

organizational, and conforming 

amendments. These changes will have 

no substantive effect on the public; 

therefore, it is unnecessary to publish an 

NPRM. Under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that, for the same 

reasons, good cause exists for making 

this rule effective less than 30 days after 

publication in the Federal Register. 

Discussion of the Rule 

Each year titles 46 and 49 of the Code 

of Federal Regulations are updated on 

October 1. This rule, which becomes 

effective September 30, 2004, corrects 

organization names and addresses, 

revises authority citations for certain 

parts to reflect our move to the 

Department of Homeland Security 

(DHS) in March 2003, and makes other 

technical and editorial corrections 

throughout titles 46 and 49. This rule 

does not change any substantive 

requirements of existing regulations. 

In the following paragraphs, we 

describe revisions that are not selfexplanatory name, address or spelling 

corrections, gender-neutral changes, or 

updates to references/cites: 

a. 46 CFR 10.205, 10.901, 10.903, 

12.10–9, and 12.13–1. These sections 

contain a date or dates that no longer 

apply. Any date that has passed and no 

longer affects the rule has been 

removed.