63456 Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 

may result in estimated annual costs to 

State, local, or tribal governments in the 

aggregate, or to private sector, of $100 

million or more. Under section 205, 

EPA must select the most cost-effective 

and least burdensome alternative that 

achieves the objectives of the rule and 

is consistent with statutory 

requirements. Section 203 requires EPA 

to establish a plan for informing and 

advising any small governments that 

may be significantly or uniquely 

impacted by the rule. 

EPA has determined that the approval 

action promulgated does not include a 

Federal mandate that may result in 

estimated annual costs of $100 million 

or more to either State, local, or tribal 

governments in the aggregate, or to the 

private sector. This Federal action 

allows Alabama to implement 

equivalent alternative requirements to 

replace pre-existing requirements under 

Federal law, and imposes no new 

requirements. Accordingly, no 

additional costs to State, local, or tribal 

governments, or to the private sector, 

result from this action. 

F. Submission to Congress and the 

Comptroller General 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

G. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104–

113, section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. The NTTAA directs EPA to 

provide Congress, through OMB, 

explanations when the Agency decides 

not to use available and applicable 

voluntary consensus standards. This 

action does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

H. Petitions for Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by January 3, 2005. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).)

List of Subjects in 40 CFR Part 63

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Intergovernmental relations, 

Reporting and recordkeeping 

requirements.

Dated: October 19, 2004. 

J. I. Palmer, Jr., 

Regional Administrator, Region 4.

■ Title 40, chapter I, part 63 of the Code 

of Federal Regulations is amended as 

follows:

PART 63—[AMENDED]

■ 1. The authority citation for part 63 

continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart E—Approval of State 

Programs and Delegation of Federal 

Authorities

■ 2. Section 63.99 is amended by adding 

paragraph (a)(10) to read as follows:

§ 63.99 Delegated Federal authorities. 

(a) * * *

(10) Georgia 

(i) [Reserved] 

(ii) Georgia Environmental Protection 

Division (GEPD) may implement and 

enforce alternative requirements in the 

form of title V permit terms and 

conditions for International Paper 

Augusta Mill, Augusta, Georgia, for 

subpart S of this part—National 

Emission Standards for Hazardous Air 

Pollutants from the Pulp and Paper 

Industry. This action is contingent upon 

GEPD including, in title V permits, 

terms and conditions that are no less 

stringent than the Federal standard. In 

addition, the requirement applicable to 

the source remains the Federal section 

112 requirement until EPA has 

approved the alternative permit terms 

and conditions and the final title V 

permit is issued.

* * * * *

[FR Doc. 04–24409 Filed 11–1–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64

[Docket No. FEMA–7853] 

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: 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:

Michael 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 

Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 63457

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, 1991 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 IV

Nashville, Town of, Nash County ................. 370167 July 2, 1975, Emerg; January 17, 1986, 

Reg; November 3, 2004, Susp.

Nov. 3, 2004 ..... Nov. 3 2004. 

Rocky Mount, City of, Edgecombe County 

and Nash County.

370092 January 17, 1974, Emerg; May 1, 1978, 

Reg; November 3, 2004, Susp.

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

Tarboro, Town of, Edgecombe County ........ 370094 February 15, 1974, Emerg; January 5, 

1978, Reg; November 3, 2004, Susp.

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

Whitakers, Town of, Edgecombe County 

and Nash County.

370095 August 6, 1975, Emerg; April 15, 1980, 

Reg; November 3, 2004, Susp.

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

*Do = Ditto. 

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

63458 Federal Register / Vol. 69, No. 211 / Tuesday, November 2, 2004 / Rules and Regulations 

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate.

[FR Doc. 04–24396 Filed 11–1–04; 8:45 am] 

BILLING CODE 9110–12–M

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3230; MB Docket No. 03–5; RM–

10393] 

Radio Broadcasting Services; 

Maplesville, AL

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In response to a Notice of 

Proposed Rulemaking, 69 FR 34632 

(June 22, 2004), issued at the request of 

Alatron Corporation, Inc., this 

document grants the allotment of 

Channel 292A at Maplesville, Alabama, 

as the community’s first local aural 

transmission service. The coordinates 

for Channel 292A at Maplesville are 32–

41–06 NL and 86–53–30 WL. An 

engineering analysis has determined 

that Channel 292A can be allotted at 

Maplesville at a site 11.6 kilometers (7.2 

miles) south of the community. A filing 

window for Channel 292A at 

Maplesville, Alabama will not be 

opened at this time. Instead, the issue of 

opening a filing window for this 

channel will be addressed by the 

Commission in a subsequent order.

DATES: Effective November 29, 2004.

ADDRESSES: Federal Communications 

Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Victoria McCauley, Media Bureau, (202) 

418–2180.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 03–5, 

adopted October 13, 2004, and released 

October 15, 2004. The full text of this 

Commission decision is available for 

inspection and copying during regular 

business hours in the FCC’s Reference 

Information Center at Portals II, 445 

12th Street, SW., CY–A257, 

Washington, DC, 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http://

www.BCPIWEB.com.

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

■ Part 73 of Title 47 of the Code of 

Federal Regulations is amended as 

follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

reads as follows:

Authority: 47 U.S.C. 154, 303, 334, and 

336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under Alabama, is amended 

by adding Maplesville, Channel 292A.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–24436 Filed 11–1–04; 8:45 am] 

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73

[DA 04–3231; MB Docket No. 04–72; RM–

10857] 

Radio Broadcasting Services; Bethel 

and Windsor, NC

AGENCY: Federal Communications 

Commission.

ACTION: Final rule.

SUMMARY: In response to petition for 

rule making filed by Eure 

Communications, Inc. and Lifeline 

Ministries, Inc. this document 

substitutes Channel 255C3 for Channel 

255A at Windsor, North Carolina, 

reallots Channel 255C3 from Windsor to 

Bethel, North Carolina, and modifies the 

Station WIAM license to specify 

operation on Channel 255C3 at Bethel. 

See 69 FR 17125, April 1, 2004. The 

reference coordinates for the Channel 

255C3 allotment at Bethel, North 

Carolina, are 35–48–25 and 77–22–44. 

With this action, the proceeding is 

terminated.

DATES: Effective November 29, 2004.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Media Bureau, (202) 418–

2177.

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Report and Order in MB 

Docket No.04–72 adopted October 13, 

2004, and released October 15, 2004. 

The full text of this decision is available 

for inspection and copying during 

normal business hours in the FCC 

Reference Information Center at Portals 

ll, CY–A257, 445 12th Street, SW., 

Washington, DC. The complete text of 

this decision may also be purchased 

from the Commission’s copy contractor, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 1–

800–378–3160 or http://

www.BCPIWEB.com. The Commission 

will send a copy of this Report and 

Order in a report to be sent to Congress 

and the General Accounting Office 

pursuant to the Congressional Review 

Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

■ Part 73 of the Code of Federal 

Regulations is amended as follows:

PART 73—RADIO BROADCAST 

SERVICES

■ 1. The authority citation for part 73 

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

■ 2. Section 73.202(b), the Table of FM 

Allotments under North Carolina, is 

amended by removing Channel 255A at 

Windsor and by adding Bethel, Channel 

255C3.

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau.

[FR Doc. 04–24437 Filed 11–1–04; 8:45 am] 

BILLING CODE 6712–01–P

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1804, 1815, 1816, 1817, 

1823, 1837, and 1852

RIN 2700–AD05

Government Property and 

Miscellaneous Editorial Changes

AGENCY: National Aeronautics and 

Space Administration.

ACTION: Final rule.

SUMMARY: This final rule amends the 

NASA FAR Supplement (NFS) to 

resolve a conflict in a Government 

Property clause and change all 

references to NASA Procedures and 

Guidelines (NPGs) documents to NASA 

Procedural Requirements (NPRs) 

documents. The changes are being made 

to insure that the applicable property 

clause gives consistent direction and 

that correct references are made to 

NASA requirements documents.

EFFECTIVE DATE: November 2, 2004.

ADDRESSES: Interested parties may 

submit comments, identified by RIN