70374 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the drawbridge operation 

regulations for the Amtrak Old 

Saybrook-Old Lyme Bridge, mile 3.4, 

across the Connecticut River, 

Connecticut. This deviation from the 

regulations allows the bridge owner to 

require a twelve-hour advance notice for 

bridge openings between 6 p.m. and 6 

a.m. from 10 p.m. on January 14, 2005 

through 10 a.m. on February 14, 2005. 

This deviation is necessary in order to 

facilitate necessary inspection and 

repairs at the bridge.

DATES: This deviation is effective from 

January 14, 2005 through February 14, 

2005.

FOR FURTHER INFORMATION CONTACT: Judy 

Leung-Yee, Project Officer, First Coast 

Guard District, at (212) 668–7195.

SUPPLEMENTARY INFORMATION: The Old 

Saybrook-Old Lyme Bridge, at mile 3.4, 

across the Connecticut River has a 

vertical clearance in the closed position 

of 19 feet at mean high water and 22 feet 

at mean low water. The existing 

drawbridge operating regulations are 

listed at 33 CFR 117.205(b). 

The owner of the bridge, National 

Railroad Passenger Corporation 

(Amtrak), requested a temporary 

deviation from the drawbridge operating 

regulations to facilitate electrical 

maintenance repairs at the bridge. 

This deviation to the operating 

regulations allows the bridge owner to 

require at least a twelve-hour advance 

notice for bridge openings at the Old 

Saybrook-Old Lyme Bridge between 6 

p.m. and 6 a.m. from 10 p.m. on January 

14, 2005 through 10 a.m. on February 

14, 2005. 

In accordance with 33 CFR 117.35(c), 

this work will be performed with all due 

speed in order to return the bridge to 

normal operation as soon as possible. 

This deviation from the operating 

regulations is authorized under 33 CFR 

117.35.

Dated: November 22, 2004. 

David P. Pekoske, 

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

First Coast Guard District.

[FR Doc. 04–26747 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–15–P

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[CGD07–04–146] 

RIN 1625–AA11 

Regulated Navigation Area; San Carlos 

Bay, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing a temporary regulated 

navigation area on the waters of San 

Carlos Bay, Florida. The regulated 

navigation area is needed to minimize 

the risk of potential bridge allisions by 

vessels utilizing the main channel under 

span ‘‘A’’ (bascule portion) of the 

Sanibel Island Causeway Bridge and 

enhance the safety of vessels transiting 

the area and vehicles crossing over the 

bridge. Vessels transiting the regulated 

navigation area must comply with all 

the regulations of the temporary section; 

however the Coast Guard may change 

this rule based on comments received.

DATES: This rule is effective from 11:59 

p.m. on November 28, 2004 until 8 a.m. 

on November 28, 2005. Comments must 

be received by January 29, 2005.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD07–04–

146 and are available for inspection or 

copying at the Seventh Coast Guard 

District Marine Safety Division, 8th 

Floor, 909 SE., 1st Ave., Miami, FL 

33131–3050 between 7:30 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

You may send comments and related 

materials to Commander (M) Seventh 

Coast Guard District Marine Safety 

Division, 8th Floor, 909 SE. 1st Ave., 

Miami, FL 33131–3050.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Commander Steven Lang, 

Project Officer, Seventh Coast Guard 

District, Marine Safety Branch at 305–

415–6865.

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(B), the 

Coast Guard finds that good cause exists 

for not publishing an NPRM. 

Information concerning the unchanged 

condition of the Sanibel Island Bridge 

was not received until November 2, 

2004. The Bridge continues to pose a 

safety hazard to vessel and vehicle 

traffic transiting the area. Therefore, 

publishing an NPRM and delaying its 

effective date would be contrary to the 

public interest because immediate 

action is needed to minimize the risk of 

potential bridge allisions by vessels 

utilizing the main channel under span 

‘‘A’’ (bascule portion) of the bridge and 

to enhance the safety of vessels 

transiting the area and vehicles crossing 

over the bridge. The Coast Guard will 

issue a broadcast notice to mariners to 

advise mariners of the restrictions. 

For the same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

We do not now plan to hold a public 

meeting. But you may submit a request 

for a meeting by writing to Marine 

Safety Division, Seventh Coast Guard 

District, at the address under ADDRESSES

explaining why one would be 

beneficial. If we determine that one 

would aid this rulemaking, we will hold 

one at a time and place announced by 

a later notice in the Federal Register. 

We encourage you to participate in 

this rulemaking by submitting 

comments and related material. If you 

do so, please include your name and 

address, identify the docket number for 

this rulemaking (CGD07–04–146), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. Please submit all comments 

and related material in an unbound 

format, no larger than 81⁄2 by 11 inches, 

suitable for copying. If you would like 

to know they reached us, please enclose 

a stamped, self-addressed postcard or 

envelope. We will consider all 

comments and material received during 

the comment period. We may change 

this rule in view of them. 

Background and Purpose 

On November 18, 2003, the Lee 

County Board of Commissioners issued 

an emergency declaration that present 

conditions of the Sanibel Island 

Causeway Bridge pose an immediate 

threat to the safety of the traveling 

public. Immediate initial action was 

required to minimize the risk of 

potential bridge allisions of vessels 

utilizing the main channel under span 

‘‘A’’ (bascule portion) and enhance the 

safety of vessels transiting the area and 

vehicles crossing over the bridge. The 

Coast Guard established an RNA (68 FR 

68518) in the vicinity of the bridge from 

November 29, 2003, through November 

28, 2004. 

On November 2, 2004, Sanibel County 

engineers reevaluated the Sanibel Island 

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70375

Bridge. The condition of the bridge 

continues to pose a threat to the safety 

of the traveling public. The structural 

portions of the bridge have not been 

fully repaired due to mitigating 

circumstances. With recent hurricane 

storm activities the bridge fender system 

suffered severe damage delaying the 

project further.

The need for this regulated navigation 

area (RNA) is further demonstrated by 

the recent actions of a tug and barge unit 

that failed to comply with the then 

existing RNA (68 FR 68518) on 

November 13, 2004. In violation of the 

RNA, the tug and barge attempted to 

pass under the bridge during a strong 

outgoing current and allided with the 

bridge. This allision demonstrates the 

need for the RNA to ensure the safety of 

vessels and vehicles transiting the area. 

Discussion of Rule 

The regulated navigation area will 

encompass the main channel under the 

‘‘A’’ span (bascule portion) of the 

Sanibel Island Causeway Bridge out to 

100 feet on either side of the bridge 

inclusive of the main shipping channel. 

All vessels are required to transit the 

area at no-wake speed. However, 

nothing in this rule negates the 

requirement to operate at a safe speed as 

provided in the Navigation Rules and 

Regulations. A one-way traffic scheme is 

imposed within the regulated navigation 

area. Overtaking is prohibited. Tugs 

with barges must be arranged in a pushahead configuration with barges made 

up in tandem. Tugs must be of adequate 

horsepower to fully maneuver the 

barges. Tug and barge traffic may transit 

the regulated navigation area at slack 

water only. Stern towing is prohibited 

except by assistance towing vessels, 

subject to certain conditions. Side 

towing is permitted. Assistance towing 

vessels may conduct stern tows when 

the disabled vessel being towed is less 

than or equal to 30 feet in length. For 

disabled vessels greater than 30 feet in 

length, assistance towing vessels may 

use a towing arrangement in which one 

assistance towing vessel is in the lead, 

towing the disabled vessel, and another 

assistance towing vessel is astern of the 

disabled vessel. Assistance towing 

vessels must be of adequate horsepower 

to maneuver the vessel under tow and 

may transit the RNA at slack water only. 

These regulations are going into effect to 

minimize the risk of potential bridge 

allisions by vessels utilizing the main 

channel under span ‘‘A’’ (bascule 

portion) of the Sanibel Island Causeway 

Bridge and enhance the safety of vessels 

transiting the area and vehicles crossing 

over the bridge. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). The Coast Guard expects the 

economic impact of this regulation to be 

so minimal that a full Regulatory 

Evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

The Coast Guard bases this finding on 

the following: Vessels may still transit 

the area, the waterway is not a major 

commercial route, and the Coast Guard 

expects only modest delays due to the 

nature of the marine traffic that 

traditionally uses this waterway. 

Additionally, the Coast Guard is 

soliciting comments to determine the 

impact on the boating public, and may 

make adjustments based on comments 

we receive. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which might be small 

entities: The owners or operators of 

vessels intending to transit a portion of 

San Carlos Bay. This regulated 

navigation area will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: Vessels may still 

transit the area; the waterway is not a 

major commercial route, and the Coast 

Guard expects only modest delays due 

to the nature of the marine traffic that 

traditionally uses the waterway. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 104–

121), we offer to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. Small entities may contact the 

person listed under FOR FURTHER

INFORMATION CONTACT for assistance in 

understanding and participating in this 

rulemaking. We also have a point of 

contact for commenting on actions by 

employees of the Coast Guard. Small 

businesses may send comments on the 

actions of Federal employees who 

enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247).

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

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 it 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 will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will 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 

70376 Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 

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 create 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. 

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)(g), of the 

Instruction, from further environmental 

documentation. This rule fits in 

paragraph (34)(g) because it is a 

regulated navigation area. Under figure 

2–1, paragraph (34)(g), 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 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, 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. Temporarily add new section 

165.T07–146 to read as follows:

§ 165.T07–146 Regulated Navigation Area, 

San Carlos Bay, Florida 

(a) Regulated Area. The following area 

is a regulated navigation area (RNA): the 

waters bounded by the following points: 

NW Corner: 26°28′59′′ N, 082°00′54′′ W; 

NE Corner: 26°28′59′′ N, 082°00′52′′ W; 

SE Corner: 26°28′57′′ N, 082°00′51′′ W; 

SW Corner: 26°28′57′′ N, 082°00′53′′ W. 

(b) Regulations.

(1) A vessel in the RNA established 

under paragraph (a) of this section will 

operate at no-wake speed. Nothing in 

this rule is to be construed as to negate 

the requirement to at all times operate 

at a safe speed as provided in the 

Navigation Rules and Regulations. 

(2) A one-way traffic scheme is 

established. Vessel traffic may proceed 

in one direction at a time through the 

RNA. Overtaking is prohibited. 

(3) Tugs with barges must be arranged 

in a push-ahead configuration with the 

barges made up in tandem. Tugs must 

be of adequate horsepower to maneuver 

the barges. Tug and barge traffic may 

transit the RNA at slack water only. 

(4) Stern tows are prohibited except 

for assistance towing vessels, subject to 

conditions. Side tows are authorized. 

Assistance towing vessels may conduct 

stern tows of disabled vessels that are 

less than or equal to 30 feet in length. 

For vessels that are greater than 30 feet 

in length, assistance towing vessels may 

use a towing arrangement in which one 

assistance towing vessel is in the lead, 

towing the disabled vessel, and another 

assistance towing vessel is astern of the 

disabled vessel. All assistance towing 

vessels operating within the regulated 

navigation area must be of adequate 

horsepower to maneuver the vessel 

under tow and the transit must be at 

slack water only. 

(c) Definitions. The following 

definitions apply to this section: 

Assistance towing means assistance 

provided to disabled vessels. 

Assistance towing vessels means 

commercially registered or documented 

vessels that have been specially 

equipped to provide commercial 

services in the marine assistance 

industry. 

Disabled vessel means a vessel, which 

while being operated, has been rendered 

incapable of proceeding under its own 

power and is in need of assistance. 

Overtaking means a vessel shall be 

deemed to be overtaking when coming 

up with another vessel from a direction 

more than 22.5 degrees abaft her beam, 

that is, in such a position with reference 

to the vessel she is overtaking, that at 

night she would be able to see only the 

stern light of the vessel but neither of 

her sidelights. 

Slack water means the state of a tidal 

current when its speed is near zero, 

especially the moment when a reversing 

current changes direction and its speed 

is zero. The term also is applied to the 

entire period of low speed near the time 

of turning of the current when it is too 

weak to be of any practical importance 

in navigation. 

Vessel means every description of 

watercraft, including non-displacement 

craft and seaplanes, used or capable of 

being used as a means of transportation 

on the water. 

(d) Violations. Persons in violation of 

these regulations will be subject to civil 

penalty under 33 U.S.C. 1232 of this 

part, to include a maximum civil 

penalty of $32,500 per violation. 

(e) Effective period. This section is 

effective from 11:59 p.m. on November 

28, 2004, until 8 a.m. on November 28, 

2005.

Federal Register / Vol. 69, No. 233 / Monday, December 6, 2004 / Rules and Regulations 70377

Dated: November 24, 2004. 

David B. Peterman, 

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

Seventh Coast Guard District.

[FR Doc. 04–26748 Filed 12–3–04; 8:45 am] 

BILLING CODE 4910–15–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[PA 2004-2]

Inspection and Copying of Records

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Final rule; technical 

amendment.

SUMMARY: This document makes a nonsubstantive, technical amendment to a 

Copyright Office regulation.

DATES: This rule is effective January 5, 

2005.

FOR FURTHER INFORMATION CONTACT:

Sandra L. Jones, Writer–Editor, or 

Marilyn J. Kretsinger, Associate General 

Counsel, Copyright GC/I&R, PO Box 

70400, Southwest Station, Washington, 

DC 20024. Telephone: (202) 707–8380. 

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: This rule 

makes a technical amendment to 37 CFR 

201 to remove the hours of direct public 

use of computers intended to access the 

automated equivalent of portions of the 

in–process files in the Records 

Maintenance Unit of the Copyright 

Office. New hours of 9:00 a.m. to 4:30 

p.m. are being implemented; but for 

administrative reasons, the Office 

decided not to include the time 

schedule as part of the regulation.

The reason for the change is current 

staff resources. A very small staff, 

working on a fixed schedule of 8:30 a.m. 

to 5:00 p.m., covers this public area. 

Reducing the hours of public access, 

gives the staff needed time at the 

beginning and end of the day to open up 

and close down the area for the public. 

The new hours will both provide the 

staff with the time necessary to 

complete these tasks without working 

beyond their normal duty schedule and 

afford the public a sufficient amount of 

time to use the files.

List of Subjects in 37 CFR Part 201

Copyright.

Final Rule

■ For the reasons set forth in the 

preamble, 37 CFR part 201 is amended 

as follows:

PART 201–GENERAL PROVISIONS

■ 1. The authority citation for Part 201 

continues to read as follows:

Authority: 17 U.S.C. 702

■ 2. Section 201.2(b)(2) is amended by 

removing ‘‘8:30 a.m. to 5:00,’’.

Dated: December 1, 2004

Marilyn J. Kretsinger,

Associate General Counsel.

[FR Doc. 04–26740 Filed 12–3–04; 8:45 am]

BILLING CODE 1410–30–S

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7857] 

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.

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:

Michael M. 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