13346 Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations

State/location Community

No. Effective date of eligibility Current effective mapdate

Region VII

Missouri:

Butler County, unincorporated areas ................................. 290044 February 19, 1997 ................................... Do.

Poplar Bluff, city of, Butler County ..................................... 290047 .....do ........................................................ Do.

1The Town of Spring Lake, North Carolina has adopted the Cumberland County (CID 370076) Flood Insurance Rate Map (FIRM) dated February 17, 1982, panels 0035B, 0040B, 0075B, 0080B. 2The Town of Watha, North Carolina has adopted the Pender County (CID 370344) Flood Insurance Rate Map dated January 6, 1995, panel

0065. 3The Town of Princeton, North Carolina has adopted the Johnston County (CID 370138) Flood Insurance Rate Map dated November 2, 1995,

panels 0110, 0115, and 0140. 4The Village of Chimney Rock, North Carolina has adopted the Rutherford County (CID 370217) Flood Insurance Rate Map dated June 1,

1987. 5The Town of Fayal, Minnesota has adopted the St. Louis County (CID 270416) Flood Insurance Rate Map dated February 19, 1992, panels

0950 and 1075. 6The City of Cohasset, Minnesota has adopted the Itasca County (CID 270200) Flood Insurance Rate Map dated November 1, 1978.

7The City of Wildwood, Missouri has adopted the St. Louis County (CID 290327) Flood Insurance Rate Map dated August 2, 1995.

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Rein.—Reinstatement; Susp.—Suspension; With.—Withdrawn.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Issued: March 13, 1997.

Richard W. Krimm,

Executive Associate Director, Mitigation

Directorate.

[FR Doc. 97–7042 Filed 3–19–97; 8:45 am]

BILLING CODE 6718–05–P

44 CFR Part 78

RIN 3067–AC45

Flood Mitigation Assistance

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Interim final rule; request for

comments.

SUMMARY: This interim final rule

implements §§ 553 and 554 of the

National Flood Insurance Reform Act of

1994. Section 553 authorizes a

Mitigation Assistance Program, which

authorizes FEMA to provide grants to

States and communities for planning

assistance and for mitigation projects

that reduce the risk of flood damages to

structures covered under contracts for

flood insurance. Section 554 establishes

the National Flood Mitigation Fund to

fund assistance provided under § 553.

DATES: This interim final rule is

effective April 29, 1997. We invite

comments on this interim final rule,

which should be received by June 18,

1997.

ADDRESSES: Please send any comments

to the Rules Docket Clerk, Office of the

General Counsel, Federal Emergency

Management Agency, 500 C Street SW.,

room 840, Washington, DC 20472,

(facsimile) (202) 646–4536.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea, Mitigation Directorate,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–3619, (facsimile)

(202) 646–3104.

SUPPLEMENTARY INFORMATION: The

enactment of Title V of the Community

Development and Regulatory Reform

Act, also known as the National Flood

Insurance Reform Act of 1994 (the Act),

created significant opportunities for

mitigation. Section 553 of the Act,

authorizes a Mitigation Assistance

Program which FEMA has designated

Flood Mitigation Assistance (FMA).

Section 554 establishes the National

Flood Mitigation Fund to provide

assistance under § 553. These

regulations implement the requirements

of §§ 553 and 554 of the Act. FMA was

developed to address concerns

regarding repetitively or substantially

damaged structures, or both, and the

associated claims on the National Flood

Insurance Fund. The overall goal of

FMA is to fund cost-effective measures

that reduce or eliminate the long-term

risk of flood damage to buildings,

manufactured homes, and other

insurable structures.

FEMA will ask the Governor of each

State to identify a point of contact (POC)

for FMA. Each State, through the POC,

will receive annual funding for

technical assistance and planning grants

through the annual Cooperative

Agreements. States will distribute the

planning grants at their discretion, in

accordance with the specified grant

limitations. The purpose of the planning

grants is to develop or update a Flood

Mitigation Plan that FEMA must

approve before approving a project

grant. In addition, States will be notified

as to the allocation for FMA project

grants each year. States will solicit and

evaluate project applications, choosing

those they wish to fund. The POC will

review the applications for

completeness, basic eligibility, and

consistency with the approved Flood

Mitigation Plan. The POC will forward

these projects to FEMA for final

approval and funding through a

supplement to the annual Cooperative

Agreement. All project applications, as

well as Flood Mitigation Plans, must go

through the POC to be accepted by

FEMA, unless a State chooses not to

coordinate the program. Alternative

procedures allowing for direct

coordination with FEMA are available

in the following two circumstances. If a

Governor chooses not to identify a POC

to coordinate the FMA, communities

may submit applications and plans

directly to FEMA.

The regulations outline a basic

planning process with minimum

standards for the Flood Mitigation

Plans. Existing plans, such as those

credited through the Community Rating

System or those prepared in

conformance with § 409 of the Stafford

Act, 42 U.S.C. 5176, may meet the

requirements of FMA with few or no

modifications. The plan should

summarize the planning process, and

should be reviewed periodically by the

community in order to remain a viable

document. Flood Mitigation Plans must

be formally adopted by the legal entity

submitting the plan for FEMA approval.

All FMA projects must be consistent

with the goals of FMA, that is, to reduce

the risk of flood damage to structures

insured under the National Flood

Insurance Program (NFIP). Specifically,

project eligibility is dependent on two

components: the type of activity must be

eligible (elevation, acquisition, etc.) and

each project must meet a set of

minimum criteria (cost effectiveness,

environmental considerations, etc.).

The regulations address the need for

States and communities to maintain

liaisons with other organizations and

agencies to better coordinate available

programs. FMA strongly encourages
Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations 13347

States to maintain a multi-hazard

interagency mitigation team or other

coordinating body. The regulations for

FMA were developed to be flexible

enough to work with existing programs

with complementary goals. With the

limited funds available in FMA and in

other mitigation programs, the ability to

package programs will be important to

potential applicants.

FEMA used an open process in the

development of these regulations,

coordinating with many of our

constituent groups. Several forums were

held to help identify issues and

approaches to implementing FMA, and

draft regulations were circulated for

comment.

National Environmental Policy Act

An environmental review pursuant to

the requirements of 44 CFR Part 10,

Environmental Consideration, will be

completed before publication of the

final rule.

Executive Order 12898, Environmental

Justice

Review of the socioeconomic

conditions relating to this interim rule

will be completed before publication of

the final rule.

Executive Order 12866, Regulatory

Planning and Review

This interim final rule is not a

significant regulatory action within the

meaning of § 2(f) of E.O. 12866 of

September 30, 1993, 58 FR 51735, but

attempts to adhere to the regulatory

principles set forth in E.O. 12866. The

rule has not been reviewed by the Office

of Management and Budget under E.O.

12866.

P.L. 104–121, Congressional Review of

Agency Rulemaking

This interim final rule is not a ‘‘major

rule’’ within the meaning of § 804 of

P.L. 104–121, Congressional Review of

Agency Rulemaking. FEMA has

submitted a report to Congress

summarizing the scope and effect of the

rule, as required by § 801 of P.L.104–

121.

Paperwork Reduction Act

A notice of the proposed information

collections has been published in the

Federal Register requesting comments

on the planning requirements and other

information collection instruments.

FEMA will be submitting an OMB

clearance package to OMB after the

comment period is closed. Until OMB

approval, FEMA cannot collect

information under this rule. This

includes Flood Mitigation Plans, Project

Grant applications, and post-grant

reports. FEMA will publish a Federal

Register notice to notify potential

applicants of OMB’s approval and

implementation for information

collection purposes.

Executive Order 12612, Federalism

This interim final rule involves no

policies that have federalism

implications under E.O. 12612,

Federalism, dated October 26, 1987.

Executive Order 12778, Civil Justice

Reform

This interim final rule meets the

applicable standards of § 2(b)(2) of E.O.

12778.

List of Subjects in 44 CFR Part 78

Flood insurance, Flood mitigation

assistance, Grant programs.

Accordingly, Chapter I, Subchapter B

of Title 44 of the Code of Federal

Regulations is amended by adding Part

78 to read as follows:

PART 78—FLOOD MITIGATION

ASSISTANCE

Sec.

78.1 Purpose.

78.2 Definitions.

78.3 Responsibilities.

78.4 Applicant eligibility.

78.5 Flood Mitigation Plan development.

78.6 Flood Mitigation Plan approval

process.

78.7 Grant application procedures.

78.8 Grant funding limitations.

78.9 Planning grant approval process.

78.10 Project grant approval process.

78.11 Minimum project eligibility criteria.

78.12 Eligible types of projects.

78.13 Grant administration.

78.14 Alternative procedures.

Authority: 42 U.S.C. 4001 et seq.; 42 U.S.C.

4104c, 4104d; Reorganization Plan No. 3 of

1978, 43 FR 41943, 3 CFR, 1978 Comp., p.

329; E.O. 12127 of Mar. 31, 1979, 44 FR

19367, 3 CFR, 1979 Comp., p. 376.

§ 78.1 Purpose.

(a) The purpose of this part is to

prescribe actions, procedures, and

requirements for administration of the

Flood Mitigation Assistance (FMA)

program, authorized by Sections 1366

and 1367 of the National Flood

Insurance Act of 1968, 42 U.S.C. 4104c

and 4104d.

(b) The purpose of FMA is to assist

State and local governments in funding

cost-effective actions that reduce or

eliminate the long-term risk of flood

damage to buildings, manufactured

homes, and other insurable structures.

The long-term goal of FMA is to reduce

or eliminate claims under the National

Flood Insurance Program (NFIP)

through mitigation activities. The

program provides cost-shared grants for

three purposes: Planning Grants to

States and communities to assess the

flood risk and identify actions to reduce

that risk; Project Grants to execute

measures to reduce flood losses; and

Technical Assistance Grants that States

may use to assist communities to

develop viable FMA applications and

implement FMA projects. FMA also

outlines a process for development and

approval of Flood Mitigation Plans.

§ 78.2 Definitions.

(a) Except as otherwise provided in

this part, the definitions set forth in part

59 of this subchapter are applicable to

this part.

(b) Community means

(1) A political subdivision, including

any Indian tribe or authorized tribal

organization or Alaskan native village or

authorized native organization, that has

zoning and building code jurisdiction

over a particular area having special

flood hazards, and is participating in the

NFIP; or

(2) A political subdivision of a State,

or other authority, that is designated to

develop and administer a mitigation

plan by political subdivisions, all of

which meet the requirements of

paragraph (b)(1) of this section.

§ 78.3 Responsibilities.

(a) Federal. The Director will allocate

available funds to each FEMA Region.

The FEMA Regional Director will:

(1) Allocate Technical Assistance and

Planning Grants to each State through

the annual Cooperative Agreements;

(2) Approve Flood Mitigation Plans in

accordance with § 78.6; and

(3) Award all FMA project grants,

after evaluating applications for

minimum eligibility criteria and

ensuring compliance with applicable

Federal laws.

(b) State. The State will serve as

grantee through the State Point of

Contact (POC) designated by the

Governor. The POC must have working

knowledge of NFIP goals and processes

and will ensure that FMA is coordinated

with other mitigation activities at the

State level. If a Governor chooses not to

identify a POC to coordinate the FMA,

communities may follow alternative

procedures as described in § 78.14.

States will:

(1) Provide technical assistance to

communities to assist them in

developing applications and

implementing approved applications;

(2) Award planning grants;

(3) Submit plans to the FEMA

Regional Director for approval;

(4) Evaluate project applications,

selecting projects to forward to the

FEMA Regional Director for final

approval; and
13348 Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations

(5) Submit performance and financial

reports to FEMA in compliance with 44

CFR 13.40 and 13.41.

(c) Community. The community will:

(1) Complete and submit applications

to the State POC for the Planning and

Projects Grants;

(2) Prepare and submit the Flood

Mitigation Plan;

(3) Implement all approved projects;

(4) Comply with FMA requirements,

44 CFR parts 13 and 14, the grant

agreement, applicable Federal, State and

local laws and regulations (as

applicable); and

(5) Account for the appropriate use of

grant funds to the State POC.

§ 78.4 Applicant eligibility.

(a) The State is eligible to apply for

grants for Technical Assistance.

(b) State agencies and communities

are eligible to apply for Planning and

Project Grants and to act as subgrantee.

Communities on probation or

suspended under 44 CFR part 60 of the

NFIP are not eligible. To be eligible for

Project Grants, an eligible applicant will

develop, and have approved by the

FEMA Regional Director, a Flood

Mitigation Plan in accordance with

§ 78.5.

§ 78.5 Flood Mitigation Plan development.

A Flood Mitigation Plan will

articulate a comprehensive strategy for

implementing technically feasible flood

mitigation activities for the area affected

by the plan. At a minimum, plans will

include the following elements:

(a) Description of the planning

process and public involvement. Public

involvement may include workshops,

public meetings, or public hearings.

(b) Description of the existing flood

hazard and identification of the flood

risk, including estimates of the number

and type of structures at risk, repetitive

loss properties, and the extent of flood

depth and damage potential.

(c) The applicant’s floodplain

management goals for the area covered

by the plan.

(d) Identification and evaluation of

cost-effective and technically feasible

mitigation actions considered.

(e) Presentation of the strategy for

reducing flood risks and continued

compliance with the NFIP, and

procedures for ensuring

implementation, reviewing progress,

and recommending revisions to the

plan.

(f) Documentation of formal plan

adoption by the legal entity submitting

the plan (e.g., Governor, Mayor, County

Executive).

§ 78.6 Flood Mitigation Plan approval

process.

The State POC will forward all Flood

Mitigation Plans to the FEMA Regional

Director for approval. The Regional

Director will notify the State POC of the

approval or disapproval of the plan

within 120 days after submission. If the

Regional Director does not approve a

mitigation plan, the Regional Director

will notify the State POC of the reasons

for non-approval and offer suggestions

for improvement.

§ 78.7 Grant application procedures.

States will apply for Technical

Assistance and Planning Grants through

the annual Cooperative Agreement

between FEMA and the State. The State

POC will be notified regarding their

available funds for project grants each

fiscal year. The State may forward

project applications to FEMA for review

at any time.

§ 78.8 Grant funding limitations.

(a) The Director will allocate the

available funds for FMA each fiscal

year. Each State will receive a base

amount of $10,000 for Planning Grants

and $100,000 for Project Grants, with

the remaining funds distributed based

on the number of NFIP policies,

repetitive loss structures, and other such

criteria as the Director may determine in

furtherance of the disaster resistant

community concept.

(b) A maximum of $1,500,000 may be

allocated for Planning Grants nationally

each fiscal year. A Planning Grant will

not be awarded to a State or community

more than once every 5 years, and an

individual Planning Grant will not

exceed $150,000 to any State agency

applicant, or $50,000 to any community

applicant. The total Planning Grant

made in any fiscal year to any State,

including all communities located in

the State, will not exceed $300,000.

(c) A maximum of ten percent of the

funds available for Project Grants will

be allocated to Technical Assistance

grants each fiscal year.

(d) The total amount of FMA Project

Grant funds provided during any 5-year

period will not exceed $10,000,000 to

any State or $3,300,000 to any

community. The total amount of Project

Grant funds provided to any State,

including all communities located in

the State will not exceed $20,000,000

during any 5-year period.

§ 78.9 Planning grant approval process.

The State POC will evaluate and

approve applications for Planning

Grants. Funds will be provided only for

the flood portion of any mitigation plan,

and Planning Grants will not be

awarded to develop new or improved

floodplain maps. The performance

period for each Planning Grant will not

exceed 3 years.

§ 78.10 Project grant approval process.

The State POC will solicit

applications from eligible applicants,

review projects for eligibility, and select

applications for funding. Those project

applications will then be forwarded to

FEMA for final approval. FEMA will

provide funding on a project by project

basis through a supplement to the

annual Cooperative Agreement. The

FEMA Regional Director will notify

States regarding the program schedule at

the beginning of each fiscal year.

§ 78.11 Minimum project eligibility criteria.

The identification of a project or

activity in an approved Flood Mitigation

Plan does not mean it meets FMA

eligibility criteria. Projects must:

(a) Be cost-effective, not costing more

than the anticipated value of the

reduction in both direct damages and

subsequent negative impacts to the area

if future floods were to occur. Both costs

and benefits are computed on a net

present value basis.

(b) Be in conformance with 44 CFR

part 9, Floodplain Management and

Protection of Wetlands; Executive Order

12699, Seismic Safety of Federal and

Federally Assisted or Regulated New

Building Construction; 44 CFR part 10,

Environmental Considerations; and any

applicable environmental laws and

regulations.

(c) Be technically feasible.

(d) Be in conformance with the

minimum standards of the NFIP

Floodplain Management Regulations at

44 CFR part 60.

(e) Be in conformance with the Flood

Mitigation Plan; the type of project

being proposed must be identified in the

plan.

(f) Be located physically in a

participating NFIP community that is

not on probation or must benefit such

community directly by reducing future

flood damages.

§ 78.12 Eligible types of projects.

The following types of projects are

eligible for funding through FMA,

providing they meet all other eligibility

criteria.

(a) Acquisition of insured structures

and underlying real property in fee

simple and easements restricting real

property to open space uses.

(b) Relocation of insured structures

from acquired or restricted real property

to non hazard-prone sites.

(c) Demolition and removal of insured

structures on acquired or restricted real

property.
Federal Register / Vol. 62, No. 54 / Thursday, March 20, 1997 / Rules and Regulations 13349

(d) Elevation of insured residential

structures in accordance with 44 CFR

60.3.

(e) Elevation or dry floodproofing of

insured non-residential structures in

accordance with 44 CFR 60.3.

(f) Other activities that bring an

insured structure into compliance with

the floodplain management

requirements at 44 CFR 60.3.

(g) Minor physical flood mitigation

projects that reduce localized flooding

problems and do not duplicate the flood

prevention activities of other Federal

agencies.

(h) Beach nourishment activities.

§ 78.13 Grant administration.

(a) FEMA may contribute up to 75

percent of the total eligible costs of each

grant. At least 25 percent of the total

eligible costs will be provided from a

nonfederal source. Of this amount, not

more than one half will be provided

from in-kind contributions. Allowable

costs will be governed by OMB Circular

A–87 and 44 CFR part 13.

(b) The grantee must submit

performance and financial reports to

FEMA and must ensure that all

subgrantees are aware of their

responsibilities under 44 CFR parts 13

and 14.

(c) FEMA will recapture any funds

provided to a State or a community

under FMA and deposit the amounts in

the National Flood Mitigation Fund if

the applicant has not provided the

appropriate matching funds, the

approved project has not been

completed within the timeframes

specified in the grant agreement, or the

completed project does not meet the

criteria specified in the regulations in

this part.

§ 78.14 Alternative procedures.

For the purposes of this part,

alternative procedures are available

which allow the community to

coordinate directly with FEMA in

implementing the program. These

alternative procedures are available in

the following circumstances. Native

American tribes or authorized tribal

organizations may submit plans and

applications to the State POC or directly

to the FEMA Regional Director. If a

Governor chooses not to identify a POC

to coordinate the FMA, communities

may also submit plans and applications

to the FEMA Regional Director.

Dated: March 13, 1997.

James L. Witt,

Director.

[FR Doc. 97–6910 Filed 3–19–97; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–165; RM–8247]

Radio Broadcasting Services; Athens,

OH

AGENCY: Federal Communications

Commission.

ACTION: Final rule; petition for

reconsideration; application for review.

SUMMARY: This document dismisses an

Application for Review filed by David

A. Ringer directed to an earlier

Memorandum Opinion and Order

which denied a petition for

reconsideration in the proceeding

relating to the establishment of a filing

window for the filing of applications for

authorization to operate on Channel

240A in Athens, Ohio. See 60 FR 53878,

published October 18, 1995. With this

action, the proceeding is terminated.

EFFECTIVE DATE: April 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s

Memorandum Opinion and Order in

MM Docket No. 93–165, adopted

February 26, 1997, and released March

7, 1997. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center (Room 239), 1919 M

Street, NW., Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., 2100 M

Street, NW., Suite 140, Washington, DC

20037, (202) 857–3800.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Authority: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 97–6423 Filed 3–19–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 219

[Docket No. RSOR–6; Notice No. 44]

RIN 2130–AA81

Random Alcohol and Drug Testing:

Determination of 1997 Minimum

Testing Rate

AGENCY: Federal Railroad

Administration (FRA), DOT.

ACTION: Notice of determination.

SUMMARY: Using data from Management

Information System annual reports, FRA

has determined that the rail industry

random drug testing positive rate for

1995 was .93 percent. Since the

industry-wide random drug positive rate

continues to be below 1.0 percent, the

Federal Railroad Administrator

(Administrator) has determined that the

minimum annual random drug testing

rate for the period January 1, 1997

through December 31, 1997 will remain

at 25 percent of covered railroad

employees.

Since random alcohol testing was not

fully implemented until January 1,

1996, FRA has insufficient data to adjust

the minimum testing rate. Therefore, the

minimum random alcohol testing rate

will remain at the current 25 percent of

covered railroad employees for the

period January 1, 1997 through

December 31, 1997.

DATES: The minimum annual random

drug and alcohol testing rate is 25

percent of covered railroad employees

for the period January 1, 1997, through

December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Lamar Allen, Alcohol and Drug Program

Manager, Office of Safety Enforcement,

Operating Practices Division, Federal

Railroad Administration, 400 7th Street,

SW., Room 8314, Washington, DC

20590, (Telephone: (202) 632–3378).

SUPPLEMENTARY INFORMATION:

Administrator’s Determination of 1997

Random Drug Testing Rate

In a final rule published on December

2, 1994 (59 FR 62218), FRA announced

that it will set future minimum random

alcohol and drug testing rates according

to the rail industry’s overall violation

rate, which is determined using annual

railroad alcohol and drug program data

taken from FRA’s Management

Information System. Based on this data,

the Administrator publishes a Federal

Register notice each year, announcing

the minimum random alcohol and drug