5474 Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that this rule does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule does not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule does not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. We 

invite your comments on how this rule 

might impact tribal governments, even if 

that impact may not constitute a ‘‘tribal 

implication’’ under the Order.

Energy Effects 

We have analyzed this rule under 

Executive Order 12211, 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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action. Therefore, it 

does not require a Statement of Energy 

Effects under Executive Order 13211. 

Environment 

We have considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph (34)(g), of Commandant 

Instruction M16475.lD, this rule is 

categorically excluded from further 

environmental documentation. A 

‘‘Categorical Exclusion Determination’’

is available in the docket where 

indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1

■ 2. Add temporary § 165.T05–022 to 

read as follows:

§ 165.T05–022 Safety zone; Chesapeake 

& Delaware Canal. 

(a) Location. The following area is a 

safety zone: All waters located on the 

Chesapeake & Delaware Canal between 

Town Point Wharf and Reedy Point. 

(b) Regulations. (1) All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.23 of this part. 

(2) All vessels transiting the safety 

zone are required to be equipped with 

a keel cooler or both upper and lower 

intakes. 

(3) All vessels transiting the safety 

zone are required to be steel hulled with 

a minimum of 3000 total shaft 

horsepower. 

(4) All Coast Guard assets enforcing 

this safety zone can be contacted on 

VHF marine band radio, channels 13 

and 16. The Captain of the Port can be 

contacted at (215) 271–4807. 

(c) Definitions.

Captain of the Port means the 

Commanding Officer of the Coast Guard 

Marine Safety Office/Group 

Philadelphia or any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

Ice Condition Two means the alert 

condition in which ice begins to form in 

the Upper Delaware River/Bay and the 

C&D Canal. 

Keel Cooler means a circulation 

system that keeps hot water flowing 

through the sea chest to prevent freezing 

during the presence of hazardous ice 

conditions. 

Shaft horsepower means a measure of 

actual mechanical energy per unit time 

delivered to a turning shaft. 

Steel Hull vessel means only vessels 

with steel hulls. 

Upper and Lower Intake means the 

openings in a vessel that take in raw 

water to cool or heat machinery within 

the vessel. In order to insure vessel 

maintains propulsion, both upper and 

lower intakes are required during 

hazardous ice conditions. 

(d) Enforcement period. This section 

will be enforced while Ice Condition 

Two exists during the effective period. 

(e) Effective period. This section is 

effective from January 27, 2004 to March 

15, 2004.

Dated: January 27, 2004. 

Jonathan D. Sarubbi, 

Captain, U.S. Coast Guard, Captain of the 

Port Philadelphia.

[FR Doc. 04–2508 Filed 2–4–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7825] 

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 

Federal Register / Vol. 69, No. 24 / Thursday, February 5, 2004 / Rules and Regulations 5475

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.

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:

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 III:

Virginia: Bristol, Independent City ................. 510022 February 12, 1976, Emerg.; April 15, 1982, 

Reg.; February 4, 2004, Susp.

Feb. 4, 2004 ..... Feb. 4, 2004

Region V:

Illinois:.

Hanover Park, Village of, Cook County, 

Du Page County.

170099 April 19, 1973, Emerg.; November 15, 1978, 

Reg.; February 4, 2004, Susp.

......do* .............. Do. 

5476 Federal Register / Vol. 69, No. 24 / Thursday, February 5, 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 

Schaumburg, Village of, Cook County, 

Du Page County.

170158 October 13, 1972, Emerg.; February 15, 

1979, Reg.; February 4, 2004, Susp.

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

Cook County, Unincorporated Areas ...... 170054 March 9, 1973, Emerg.; April 15, 1981, 

Reg.; February 4, 2004, Susp.

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

* Do. = Ditto. 

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

Anthony S. Lowe, 

Mitigation Division Director, Emergency 

Preparedness and Response Directorate.

[FR Doc. 04–2487 Filed 2–4–04; 8:45 am] 

BILLING CODE 6718–05–P