Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations 2825

planning and design costs. Thus, a State

could use the State program

management set-aside to fund water

system plans for systems of all sizes, not

just small systems.

EPA received mixed comments on the

level of stakeholder involvement

provided for during the rule

development process. Several

commentors commended EPA for the

level of stakeholder input on many

policy matters in the rule and for the

Agency’s responsiveness to comments

received on the rule. Other commentors

stated that stakeholder involvement in

the rule should have been broader and

more inclusive. EPA believes that the

interim final rule gives States a high

degree of flexibility to operate their

programs and is the result of a thorough

stakeholder consultation process that

went beyond what is required under the

Administrative Procedures Act. The rule

is primarily a codification of the

DWSRF Program Final Guidelines

which went through an extensive public

comment and review process. Any

additions or modifications to the Final

Guidelines that are reflected in the rule

went through rounds of public comment

and revisions in memoranda, guidance

documents, or were published in the

Federal Register for comment.

Stakeholders were also given multiple

opportunities to provide comments

during the rule development process

and all comments received were

carefully considered.

III. Administrative Requirements

Congressional Review Act

The Congressional Review Act, 5

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

Business Regulatory Enforcement

Fairness Act of 1996, does not apply

because this action is not a rule, for

purposes of 5 U.S.C. 804(3).

List of Subjects in 40 CFR Part 35

Drinking water, Environmental

protection, Grant programs—

environmental protection, Public health,

Safe drinking water act, State revolving

funds, Water supply.

Dated: December 27, 2000.

J. Charles Fox,

Assistant Administrator, Office of Water.

Accordingly, the interim final rule is

adopted as a final rule without change.

[FR Doc. 01–693 Filed 1–11–01; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7753]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

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:

Donna M. Dannels, Branch Chief,

Policy, Assessment and Outreach

Division, Mitigation Directorate, 500 C

Street, SW., Room 411, Washington, DC

20472, (202) 646–3098.

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 Associate

Director 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

Associate Director 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

2826 Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations

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

Pennsylvania: Gilpin, township of, Armstrong County.421306 July 25, 1975, Emerg., May 4, 1988, Reg.

January 5, 2001.

Aug. 23, 2000 ... Jan. 5, 2001.

Virginia: Monterey, town of, Highland County.510379 May 9, 1997, Emerg., January 5, 2001,

Reg. January 5, 2001.

Dec. 20, 2000 ... Do.

Region V

Illinois:

Golf, village of, Cook County ......... 170098 January 17, 1975, Emerg., November 15,

1979, Reg. January 5, 2001.

Nov. 6, 2000 ..... Do.

La Grange, village of, Cook County 170114 March 30, 1973, Emerg., November 9,

1979, Reg. January 5, 2001.

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

Lincolnwood, village of, Cook

County.

171001 April 24, 1979, Emerg., April 24, 1979, Reg.

January 5, 2001.

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

North Riverside, village of, Cook

County.

170135 March 24, 1975, Emerg., December 16,

1980, Reg. January 5, 2001.

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

Orland Park, village of, Cook

County.

170140 April 15, 1974, Emerg., February 4, 1981,

Reg. January 5, 2001.

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

Palos Heights, city of, Cook County 170142 July 27, 1973, Emerg., July 16, 1980, Reg.

January 5, 2001.

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

Region III

Pennsylvania:

Blooming Grove, township of, Pike

County.

421962 December 2, 1976, Emerg.; October 18,

1988, Reg.; January 19, 2001.

Oct. 6, 2000 ..... Jan. 19, 2001.

Delaware, township of, Pike County.421963 September 10, 1975, Emerg.; December 4,

1985; Reg. January 19, 2001.

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

Greene, township of, Pike County 421965 August 6, 1975, Emerg.; October 18, 1988,

Reg. January 19, 2001.

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

Lackawaxen, township of, Pike

County.

421966 July 7, 1975, Emerg.; August 4, 1988; Reg.

January 19, 2001.

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

Lehman, township of, Pike County 421967 February 3, 1976, Emerg.; June 19, 1989;

Reg. January 19, 2001.

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

Milford, borough of, Pike County ... 420759 July 23, 1975, Emerg.; June 1, 1989; Reg.

January 19, 2001.

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

Milford, township of, Pike County .. 422642 March 11, 1976, Emerg.; December 4,

1985; Reg. January 19, 2001.

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

Porter, township of, Pike County ... 422500 August 17, 1979, Emerg.; October 15,

1985; Reg. January 19, 2001.

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

Shohola, township of, Pike County 421969 August 7, 1975, Emerg.; July 15, 1988;

Reg. January 19, 2001.

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

Westfall, township of, Pike County 421970 July 30, 1975, Emerg.; February 2, 1989;

Reg. January 19, 2001.

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

Virginia: Hardy County, unincorporated

areas.

540051 May 16, 1978, Emerg., June 19, 1985, Reg.

January 19, 2001.

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

West Virginia: Moorefield, town of, Hardy

County.

540052 May 12, 1975, Emerg., July 1, 1987, Reg.

January 19, 2001.

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

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

Federal Register / Vol. 66, No. 9 / Friday, January 12, 2001 / Rules and Regulations 2827

Dated: January 5, 2001.

Michael J. Armstrong,

Associate Director for Mitigation.

[FR Doc. 01–1026 Filed 1–11–01; 8:45 am]

BILLING CODE 6718–05–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No. OST–1999 6189;

Amendment–#303].

Organization and Delegation of Powers

and Duties; Delegation to the

Administrator, Federal Highway

Administration

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: The Secretary of

Transportation (Secretary) delegates to

the Federal Highway Administrator his

authority to implement the

Transportation Infrastructure Finance

and Innovation Act of 1998 (TIFIA),

codified at 23 U.S.C. 181–189. The

TIFIA authorizes the Department of

Transportation (‘‘Department of

Transportation’’) to provide secured

direct loans, lines of credit, and loan

guarantees to public and private

sponsors of eligible surface

transportation projects. The Federal

Highway Administrator is delegated

authority with respect to coordination

and management of the day-to-day

activities associated with implementing

the TIFIA program. The Federal

Highway Administrator may further

delegate this authority. The Secretary

reserves the authority to evaluate and

select individual projects to receive

TIFIA assistance and reserves authority

to provide overall policy direction and

key program decisions for the TIFIA

program.

EFFECTIVE DATE: This rule is effective on

January 12, 2001.

FOR FURTHER INFORMATION CONTACT:

Gloria Hardiman-Tobin, Office of the

Chief Counsel, HCC–40, (202) 366–1397,

Department of Transportation, Federal

Highway Administration, 400 Seventh

Street, SW., Washington, DC 20590.

Blane Workie, Office of the General

Counsel, (202) 366–9314, Department of

Transportation, 400 Seventh Street,

SW., Washington, DC 20590.

ELECTRONIC ACCESS: You can view and

download this document by going to the

web page of the Department’s Docket

Management System (http://

dms.dot.gov/). On that page, click on

‘‘search.’’ On the next page, type in the

last four digits of the docket number

shown on the first page of this

document. Then click on ‘‘search.’’ An

electronic copy of this document also

may be downloaded by using a

computer, modem, and suitable

communications software from the

Government Printing Office’s Electronic

Bulletin Board Service at (202) 512–

1661. Internet users may reach the

Office of the Federal Register’s home

page at: http://www.nara.gov/fedreg and

the Government Printing Office’s

database at: http://www.access.gpo.gov/

nara.

SUPPLEMENTARY INFORMATION: The

Transportation Equity Act for the 21st

Century (TEA–21), Pub. L. 105–178, 112

Stat. 241 (1998), created the

Transportation Infrastructure Finance

and Innovation Act of 1998 (TIFIA). The

TIFIA establishes a new Federal credit

program to provide credit assistance to

surface transportation projects. The

TIFIA authorizes the Secretary to

provide secured (direct) loans, lines of

credit, and loan guarantees to private

and public sponsors of eligible

transportation projects.

Funding for TIFIA is limited;

therefore, the projects to receive

financial assistance will be selected on

a competitive basis. In fiscal years 1999

through 2003, TIFIA authorizes $530

million to be appropriated from the

Highway Trust Fund (other than the

Mass Transit Account) for the Secretary

to provide up to $10.6 billion of credit

assistance to major surface

transportation projects. The TIFIA

authorizes the Secretary to select the

recipients of credit assistance and to use

up to $2 million of the budget authority

provided each fiscal year for program

administration.

The TEA–21 Conference Report

stated, ‘‘To ensure the financial and

programmatic success of TIFIA, the

conference strongly encourages the

Secretary to establish an organizational

structure within the Department in

which financial activities and programs

can be closely coordinated and

monitored.’’ In June 1999, consistent

with the Conference Report language,

the Secretary and the Administrators of

the Federal Highway Administration

(‘‘FHWA’’), the Federal Railroad

Administration (‘‘FRA’’), and the

Federal Transit Administration (‘‘FTA’’)

entered into a Memorandum of

Understanding (‘‘MOU’’) to manage the

TIFIA program on an interim basis

through the creation of a TIFIA Working

Group.

In December 2000, the Secretary and

the Administrators of FHWA, FRA, and

FTA entered into an MOU, which

amended and superseded the June 1999

MOU, to establish a TIFIA Joint Program

Office (‘‘TIFIA JPO’’) to coordinate and

manage the day-to-day activities

associated with implementing the TIFIA

statutory provisions. According to the

2000 MOU, the TIFIA JPO will

organizationally be located within

FWHA and will have a dual reporting

structure. The TIFIA JPO will report to

the Secretary for overall policy direction

and key program decisions. The TIFIA

JPO will report to the Federal Highway

Administrator for coordination and

management of day-to-day operations

and funding matters.

In accordance with the December

2000 MOU, the Secretary is delegating

his authority to operate and manage the

financial assistance program under

TIFIA to the Federal Highway

Administrator. Operation and

management of the program consists of

the initial evaluation of each project, the

negotiation and preparation of the legal

documents necessary to consummate

the transaction, and the continuing

oversight of the project.

For instance, the Federal Highway

Administrator will act as the Executive

Agent for the TIFIA Program and will be

responsible for managing the TIFIA

funds, which are authorized to be

appropriated from the Highway Trust

Fund (other than the Mass Transit

Account), with assistance from the other

modal agencies and the TIFIA JPO. The

Federal Highway Administrator will

also manage specific accounting and

budgeting activities to include:

recording credit agreement obligations

into the accounting system; preparing

requests for and entering into loan

agreements with the U.S. Treasury to

borrow funds; receiving borrower

requests (original documents) for fund

disbursements; disbursing funds to

borrowers; collecting and depositing

payments from borrowers; making

interest payments to the U.S. Treasury

for borrowed funds; and satisfying other

necessary budgetary and reporting

requirements in accordance with the

Federal Credit Reform Act (FCRA) and

other relevant laws, regulations, and

OMB guidelines.

Further, the Federal Highway

Administrator will procure any

necessary financial, legal, or other

technical support services to assist in

implementing and administering the

TIFIA program and will execute all

TIFIA credit instruments, including, but

not limited to, term sheets, loan

agreements, line of credit agreements,

and loan guarantee agreements under

delegated authority from the Secretary

to the Federal Highway Administrator.