31178 Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Rules and Regulations

provided in the April 10, 2001 direct

final rule (66 FR 18546), as appears at

the end of this document. This revised

§ 60.46a(j)(2) differs from the

§ 60.46a(j)(2) that is being withdrawn

from the direct final rule by the deletion

of the following statement:

This includes data substituted according to

40 CFR 75.21(i) for invalid data and 40 CFR

75.30 for missing data or data adjusted for

negative bias as required by 40 CFR 75.23(d).

Based on our review of the comments

received, we will, therefore, not address

the comments on the withdrawn

provisions in a subsequent final action

on the parallel proposal published at 66

FR 18579.

The provisions for which we did not

receive relevant adverse comment, as

well as the revised § 60.46a(j)(2), will

become effective on June 11, 2001 as

provided in the April 10, 2001 direct

final rule (66 FR 18546).

Dated: June 5, 2001.

Robert D. Brenner,

Acting Assistant Administrator, Office of Air

and Radiation.

For reasons set out in the preamble,

title 40, chapter I, part 60 of the Code

of Federal Regulations is amended as

follows:

PART 60—[AMENDED]

1. The authority citation for part 60

continues to read as follows:

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

Subpart Da—[Amended]

2. Section 60.46a is amended by

adding paragraph (j)(2) to read as

follows:

§ 60.46a Compliance provisions.

* * * * *

(j) * * *

(2) The owner or operator of an

affected duct burner may elect to

determine compliance by using the

continuous emission monitoring system

specified under § 60.47a for measuring

NOX and oxygen and meet the

requirements of § 60.47a. Data from a

CEMS certified (or recertified) according

to the provisions of 40 CFR 75.20,

meeting the QA and QC requirements of

40 CFR 75.21, and validated according

to 40 CFR 75.23 may be used. The

sampling site shall be located at the

outlet from the steam generating unit.

The NOX emission rate at the outlet

from the steam generating unit shall

constitute the NOX emission rate from

the duct burner of the combined cycle

system.

* * * * *

[FR Doc. 01–14618 Filed 6–8–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Parts 431, 433, 435, 436, and

457

[HCFA–2006–F3]

RIN 0938–AI28

State Child Health; Implementing

Regulations for the State Children’s

Health Insurance Program: Further

Delay of Effective Date

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule; Further delay of

effective date.

SUMMARY: This final rule temporarily

delays the effective date of the final rule

entitled ‘‘State Child Health;

Implementing Regulations for the State

Children’s Health Insurance Program’’

published in the January 11, 2001

Federal Register (66 FR 2490). That

final rule implements provisions of the

Balanced Budget Act of 1997 (BBA)

related to the State Children’s Health

Insurance Program (SCHIP).

Specifically, the final rule includes

provisions related to State plan

requirements and plan administration,

coverage and benefits, eligibility and

enrollment, enrollee financial

responsibility, strategic planning,

substitution of coverage, program

integrity, certain allowable waivers, and

applicant and enrollee protections. It

also implements the provisions of

sections 4911 and 4912 of the BBA,

which amended title XIX of the Social

Security Act to expand State options for

coverage of children under the Medicaid

program. In addition, the final rule

makes technical corrections to subparts

B and F of 42 CFR part 457.

On February 26, 2001, we initially

delayed the effective date of the final

rule from April 11, 2001 until June 11,

2001. The temporary 60-day delay in the

effective date was necessary to give

Department officials the opportunity for

further review and consideration of new

regulations.

We have decided to further delay the

effective date of the final rule because

we have determined that a short

additional period is required to properly

consider and promulgate necessary

revisions. To the extent that 5 U.S.C.

section 553 applies to this action, this

action is exempt from notice and

comment because it constitutes a rule of

procedure under 5 U.S.C. section 553(b)

(A). Alternatively, HCFA’s delay of

implementation of this rule without

opportunity for public comment,

effective immediately upon publication

today in the Federal Register, is based

on the good cause exceptions in 5 U.S.C.

sections 553(b)(B) and 553(d)(3), in that

seeking public comment is

impracticable, unnecessary, and

contrary to the public interest. Given the

imminence of the effective date, seeking

prior public comment on this temporary

delay would have been impractical

because the time available before the

effective date is too short for meaningful

comment. Moreover, to the extent that

seeking public comment would

preclude this delay, it would be

contrary to the public interest in the

orderly promulgation and

implementation of regulations in light of

the development of necessary revisions.

The immediate delay is necessary to

prevent application of inconsistent

standards while we issue the necessary

revisions.

DATES: The effective date of the final

rule amending 42 CFR parts 431, 433,

435, 436 and 457, published in the

Federal Register on January 11, 2001, at

66 FR 2490 and delayed on February 26,

2001 at 66 FR 11547 until June 11, 2001

is further delayed until June 25, 2001.

FOR FURTHER INFORMATION CONTACT:

Regina Fletcher (410) 786–3293.

(Catalog of Federal Domestic Assistance

Program No. 93.767, State Children’s Health

Insurance Program)

Dated: June 7, 2001.

Thomas A. Scully,

Administrator, Health Care Financing

Administration.

Approved: June 7, 2001.

Tommy G. Thompson,

Secretary.

[FR Doc. 01–14733 Filed 6–8–01; 8:45 am]

BILLING CODE 4120–01–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7763]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Rules and Regulations 31179

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:

Donna M. Dannels, Division Director,

Policy and Assessment 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

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:

31180 Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / 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

Region II

New York: Scriba, town of, Oswego County ... 360663 September 15, 1975, Emerg., September 16,

1982, Reg. June 6, 2001.

6/6/01 .............. 6/6/01

Region V

Minnesota: Houston County, unincorporated

areas.

270190 April 30, 1974, Emerg., January 6, 1982,

Reg. June 6, 2001.

6/6/01 .............. 6/6/01

Ohio: Mercer County, unincorporated areas ... 390392 November 15, 1977, Emerg., September 6,

1989, Reg. June 6, 2001.

6/6/01 .............. 6/6/01

Region VI

New Mexico:

Portales, city of, Roosevelt County .......... 350054 October 29, 1974, Emerg., January 20, 1982,

Reg. June 6, 2001.

6/6/01 .............. 6/6/01

Red River, town of, Taos County ............. 350079 April 18, 1975, Emerg., July 1, 1987, Reg.

June 6, 2001.

6/6/01 .............. 6/6/01

Region VII

Iowa:

Akron, city of, Plymouth County ............... 190223 November 14, 1974, Emerg., August 1, 1986,

Reg. June 6, 2001.

6/6/01 .............. 6/6/01

Plymouth County, unincorporated areas .. 190899 May 6, 1980, Emerg., September 18, 1985,

Reg. June 6, 2001.

6/6/01 .............. 6/6/01

Westfield, city of, Plymouth County ......... 190482 December 3, 1998, Emerg., October 20,

1999, Reg. June 6, 2001.

6/6/01 .............. 6/6/01

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 I

New Hampshire: Holderness, town of, Grafton

County.

330059 July 22, 1975, Emerg., April 15, 1981, Reg.

June 20, 2001.

6/20/01 ............ 6/20/01

Region II

New York:

Oswego, town of, Oswego County ........... 360657 December 16, 1976, Emerg., September 30,

1981, Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Putnam Valley, town of, Putnam County 361030 July 31, 1975, Emerg., September 4, 1997,

Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Schuyler, town of, Herkimer County ........ 360318 June 24, 1975, Emerg., July 3, 1985, Reg.

June 20, 2001.

6/20/01 ............ 6/20/01

Region III

Pennsylvania:

Bedminster, township of, Bucks County .. 421049 February 5, 1976, Emerg., December 1,

1983, Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Hilltown, township of, Bucks County ........ 420189 October 6, 1972, Emerg., January 30, 1981,

Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Perkasie, borough of, Bucks County ........ 420198 September 8, 1972, Emerg., March 1, 1977,

Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Sellersville, borough of, Bucks County .... 420203 July 9, 1973, Emerg., February 15, 1978,

Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Region IV

North Carolina: Warren County, unincorporated areas.370396 November 29, 1979 Emerg., February 1,

1987, Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Region VII

Kansas:

El Dorado, city of, Butler County .............. 200039 April 21, 1972, Emerg., August 24, 1976,

Reg. June 20, 2001.

6/20/01 ............ 6/20/01

Butler County, unincorporated areas ....... 200037 June 23, 1975, Emerg., March 2, 1981, Reg.

June 20, 2001.

6/20/01 ............ 6/20/01

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

Federal Register / Vol. 66, No. 112 / Monday, June 11, 2001 / Rules and Regulations 31181

Dated: June 1, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for

Mitigation.

[FR Doc. 01–14570 Filed 6–8–01; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–P–7602]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

Base (1-percent-annual-chance) Flood

Elevations (BFEs) is appropriate because

of new scientific or technical data. New

flood insurance premium rates will be

calculated from the modified BFEs for

new buildings and their contents.

DATES: These modified BFEs are

currently in effect on the dates listed in

the table below and revise the Flood

Insurance Rate Map(s) in effect prior to

this determination for the listed

communities.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Acting Executive Associate Director for

Mitigation reconsider the changes. The

modified BFEs may be changed during

the 90-day period.

ADDRESSES: The modified BFEs for each

community are available for inspection

at the office of the Chief Executive

Officer of each community. The

respective addresses are listed in the

table below.

FOR FURTHER INFORMATION CONTACT:

Matthew B. Miller, P.E., Chief, Hazards

Study Branch, Mitigation Directorate,

FEMA, 500 C Street, SW., Washington,

DC 20472, (202) 646–3461 or (e-mail)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

modified BFEs are not listed for each

community in this interim rule.

However, the address of the Chief

Executive Officer of the community

where the modified BFE determinations

are available for inspection is provided.

Any request for reconsideration must

be based on knowledge of changed

conditions or new scientific or technical

data.

The modifications are made pursuant

to section 201 of the Flood Disaster

Protection Act of 1973, 42 U.S.C. 4105,

and are in accordance with the National

Flood Insurance Act of 1968, 42 U.S.C.

4001 et seq., and with 44 CFR Part 65.

For rating purposes, the currently

effective community number is shown

and must be used for all new policies

and renewals.

The modified BFEs are the basis for

the floodplain management measures

that the community is required to either

adopt or to show evidence of being

already in effect in order to qualify or

to remain qualified for participation in

the National Flood Insurance Program

(NFIP).

These modified BFEs, together with

the floodplain management criteria

required by 44 CFR 60.3, are the

minimum that are required. They

should not be construed to mean that

the community must change any

existing ordinances that are more

stringent in their floodplain

management requirements. The

community may at any time enact

stricter requirements of its own, or

pursuant to policies established by other

Federal, State, or regional entities.

The changes in BFEs are in

accordance with 44 CFR 65.4. National

Environmental Policy Act. This rule is

categorically excluded from the

requirements of 44 CFR Part 10,

Environmental Consideration. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act. The Acting

Executive Associate Director for

Mitigation certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified BFEs are required by the Flood

Disaster Protection Act of 1973, 42

U.S.C. 4105, and are required to

maintain community eligibility in the

NFIP. No regulatory flexibility analysis

has been prepared.

Regulatory Classification. This

interim 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.

Executive Order 12612, Federalism.

This rule involves no policies that have

federalism implications under Executive

Order 12612, Federalism, dated October

26, 1987.

Executive Order 12778, Civil Justice

Reform. This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778.

List of Subjects in 44 CFR Part 65

Flood insurance, Floodplains,

Reporting and record keeping

requirements.

Accordingly, 44 CFR Part 65 is

amended to read as follows:

PART 65—[AMENDED]

1. The authority citation for Part 65

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.

§ 65.4 [Amended]

2. The tables published under the

authority of § 65.4 are amended as

follows:

State and county Location

Dates and name of

newspaper where notice

was published

Chief executive officer of

community

Effective date of

modification

Community number

Arkansas: Washington ... City of Springdale ......... April 20, 2001, April 27,

2001, The Morning

News of Northwest

Arkansas.

The Honorable Jerre Van

Hoose, Mayor, City of

Springdale, 201 Spring

Street, Springdale, Arkansas 72764.

July 27, 2001 .......... 050219

Illinois: Lake .................... City of Waukegan ......... March 22, 2001, March

29, 2001, Chicago

Tribute.

The Honorable Bill Durkin,

Mayor, City of Waukegan,

106 North Utica, Waukegan, Illinois 60085.

June 29, 2001 ........ 170397

Kansas: Johnson ............ City of Shawnee ........... February 8, 2001, February 15, 2001, Topeka Capital-Journal.The Honorable Jim Allen,

Mayor, City of Shawnee,

City Hall, 11110 Johnson

Drive, Shawnee, Kansas

66203.

January 18, 2001 ... 200177