61444 Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order, because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Commandant Instruction M16475.lD, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (34)(h), of the 

Instruction, from further environmental 

documentation. Under figure 2–1, 

paragraph (34)(h), of the Instruction, an 

‘‘Environmental Analysis Check List’’

and a ‘‘Categorical Exclusion 

Determination’’ are not required for this 

rule.

List of Subjects in 33 CFR Part 100

Marine Safety, Navigation (water), 

Reporting and recordkeeping 

requirements, waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows:

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS

■ 1. The authority citation for part 100 

continues to read as follows:

Authority: 33 U.S.C. 1233; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add § 100.729 to read as follows:

§ 100.729 Columbus Day Regatta, 

Biscayne Bay, Miami, FL. 

(a) Regulated area. A regulated area is 

established for the Columbus Day 

Regatta, Biscayne Bay, Miami, Florida. 

The regulated area encompasses all 

waters within the following points:

Latitude Longitude

25°43′24′′ N 080°12′30′′ W 

25°43′24′′ N 080°10′30′′ W 

25°33′00′′ N 080°11′30′′ W 

25°33′00′′ N 080°15′54′′ W 

25°40′00′′ N 080°15′00′′ W 

(b) Definitions. Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by 

Commanding Officer, Coast Guard 

Station Miami Beach. 

(c) Special Local Regulations.

(1) Entry into the regulated area by 

non-participant persons or vessels is 

prohibited unless authorized by the 

Coast Guard Patrol Commander. 

(2) At the completion of scheduled 

races and exhibitions, and departure of 

participants from the regulated area, the 

Coast Guard Patrol Commander may 

permit traffic to resume normal 

operations. 

(3) Between scheduled racing events, 

the Coast Guard Patrol Commander may 

permit traffic to resume normal 

operations for a limited time. 

(4) A succession of not fewer than 5 

short whistle or horn blasts from a Coast 

Guard patrol vessel will be the signal for 

any and all vessels to take immediate 

steps to avoid collision. 

(d) Enforcement periods. This rule 

will be enforced from 10 a.m. until 5 

p.m. Saturday and Sunday during the 

second weekend in October (Columbus 

Day weekend).

Dated: October 6, 2004. 

D. Brian Peterman, 

Rear Admiral, U.S. Coast Guard, Commander, 

Seventh Coast Guard District.

[FR Doc. 04–23371 Filed 10–18–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7851] 

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 

Federal Register / Vol. 69, No. 201 / Tuesday, October 19, 2004 / Rules and Regulations 61445

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:

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: Dannebrog, Village 

of, Howard County.

310118 April 22, 1975, Emerg. January 3, 1990, Reg. October 19, 2004, 

Susp.

10/19/2004 10/19/2004 

Howard County, Unincorporated 

Areas.

310446 June 21, 1993, Emerg. September 30, 1997, Reg. October 19, 

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. 04–23308 Filed 10–18–04; 8:45 am] 

BILLING CODE 9110–12–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67

Final Flood Elevation Determinations

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security.

ACTION: Final rule.

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to