33900 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

2. We revise § 70.4 to read as follows:

§ 70.4 Review by the Director.

The Director, after reviewing the

scientific or technical information

submitted under the provisions of

§ 70.3, shall notify the applicant in

writing of his/her determination within

60 days after we receive the applicant’s

scientific or technical information that

we have compared either the ground

elevations of an entire legally defined

parcel of land or the elevation of the

lowest adjacent grade to a structure with

the elevation of the base flood and that:

(a) The property is within a

designated A, A0, A1–30, AE, AH, A99,

AR, AR/A1–30, AR/AE, AR/AO, AR/

AH, AR/A, V0, V1–30, VE, or V Zone,

and will state the basis of such

determination; or

(b) The property should not be within

a designated A, A0, A1–30, AE, AH,

A99, AR, AR/A1–30, AR/AE, AR/AO,

AR/AH, AR/A,V0, V1–30, VE, or V Zone

and that we will modify the FHBM or

FIRM accordingly; or

(c) The property is not within a

designated A, A0, A1–30, AE, AH, A99,

AR, AR/A1–30, AR/AE, AR/AO, AR/

AH, AR/A,V0, V1–30, VE, or V Zone as

shown on the FHBM or FIRM and no

modification of the FHBM or FIRM is

necessary; or

(d) We need an additional 60 days to

make a determination.

* * * * *

Robert F. Shea,

Acting Administrator, Federal Insurance

Administration.

[FR Doc. 01–15807 Filed 6–25–01; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067–AD08

Disaster Assistance; Debris Removal

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Final rule.

SUMMARY: We (FEMA) are adding to the

conditions under which we may

determine that debris removal is in the

public interest following a declared

disaster. We may provide funding for

the removal of debris and wreckage

from publicly and privately owned

lands and waters when communities

convert property acquired through a

FEMA program for hazard mitigation

purposes to uses compatible with open

space, recreational, or wetlands

management practices.

EFFECTIVE DATE: This rule is effective

July 26, 2001.

FOR FURTHER INFORMATION CONTACT:

Melissa M. Howard, Ph.D., Federal

Emergency Management Agency, room

713, 500 C Street SW., Washington DC

20472, (202) 646–4240, or (email)

melissa.howard@fema.gov.

SUPPLEMENTARY INFORMATION: We

consider that it is in the public interest

to remove substantially damaged

structures and related slabs, driveways,

fencing, garages, sheds, and similar

appurtenances from properties that are

part of a FEMA-funded hazard

mitigation buyout and relocation

project. On May 16, 2000, we published

a proposed rule on debris removal in the

Federal Register, 65 FR 31129, and

invited comments for 60 days ending on

July 15, 2000. We received comments

from three sources representing a

federal agency, a State government, and

a national association.

The proposed rule stated that we

would consider in the public interest

the removal of substantially damaged

structures that a community acquired

through a FEMA-funded hazard

mitigation project. The removal of such

structures would help to mitigate the

risk to life and property by converting

the property to uses that are compatible

with open space, recreational and

wetlands management practices. We

believe that Federal assistance used in

this way supports the effort to break the

cycle of repetitive damage and repair;

such removal is less costly to taxpayers

than paying for repetitive damage and

repair. Mitigation through buyout and

relocation also substantially reduces the

risk of future infrastructure damage and

personal hardship, loss and suffering.

Comment. One commenter asked

whether it is in the public interest to

remove substantially damaged

structures and related appurtenances

during a partial buyout. In these cases,

the commenter said, a FEMA-funded

mitigation program may acquire one

property, but not an adjacent property.

Response. We believe that debris

removal from the acquired property is in

the public interest because that property

will not be built upon in the future. This

type of removal contributes to the goal

of reducing long-term vulnerability. In

the case of an adjacent property, if that

property is not substantially damaged, it

could be removed under section 404 of

the Stafford Act, but it could not be

removed under section 407 since it

would not be debris or wreckage.

Comment. Another commenter stated

that debris and wreckage removal was

just one element of demolition and

suggested that we also fund the razing

of these structures.

Response. We intend to remove only

those structures that may be classed as

debris and wreckage. Razing the

structure in such cases should not be

necessary. However, if a structure and

its appurtenances meet the criteria in

this rule, that is, that the property is

substantially damaged and acquired

through a FEMA-funded hazard

mitigation program, we will fund its

removal and will include razing and

disposal as applicable.

Comment. A related comment asked

that we fund the removal of all damaged

structures acquired through a FEMAfunded mitigation program, not just

those that are substantially damaged.

Section 407 of the Stafford Act allows

for the removal of debris and wreckage.

Response. We do not consider

structures to be debris and wreckage if

they are not substantially damaged. If

we were to fund their removal, we

would have to do so under the authority

of section 404 of the Stafford Act. In

order to lessen the administrative

burden of funding on a structure-bystructure basis in areas where some

structures are substantially damaged

and others are not, we will fund debris

and wreckage removal on a prorated

basis. For example, if 60 percent of

structures are substantially damaged, we

will reimburse 60 percent of the costs

for removing all structures acquired

through a FEMA-funded mitigation

program.

Comment. A final comment raised the

issue of timelines for completion of

debris removal. The commenter thought

that assisting in the buyout process

would prevent the Public Assistance

Program from reaching disaster closeout

objectives. The commenter suggested

that we limit funding to 12 months after

the declaration.

Response. We understand the point of

the commenter and agree that the use of

the authority must be time-limited.

Because we find a one-year deadline to

be impractical, we have established a

two-year deadline, which we do find

reasonable. Therefore, we will allow

two years from the declaration date to

obligate funds and complete the

removal of substantially damaged

structures.

National Environmental Policy Act

This rule is excluded from the

preparation of an environmental

assessment or environmental impact

statement under 44 CFR 10.8(d)(2)(ii),

where the rule is related to actions that

qualify for categorical exclusion under

44 CFR 10.8(d)(2)(vii).

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations 33901

Executive Order 12866, Regulatory

Planning and Review

We have prepared and reviewed this

final rule under the provisions of E.O.

12866, Regulatory Planning and Review.

Under Executive Order 12866, 58 FR

51735, October 4, 1993, a significant

regulatory action is subject to OMB

review and the requirements of the

Executive Order. The Executive Order

defines ‘‘significant regulatory action’’

as one that is likely to result in a rule

that may:

(1) Have an annual effect on the

economy of $100 million or more or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local, or tribal governments or

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof; or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in the Executive Order.

This final rule adds a category of

property eligible to receive public

assistance following a declared disaster,

and will benefit those small entities that

qualify for this assistance. We know of

no conditions that would qualify the

rule as a ‘‘significant regulatory action’’

within the definition of section 3(f) of

the Executive Order. To the extent

possible this rule adheres to the

principles of regulation in Executive

Order 12866. The Office of Management

and Budget has not reviewed this rule

under the provisions of Executive Order

12866.

Paperwork Reduction Act

This rule does not require a collection

of information and therefore is not

subject to the provisions of the

Paperwork Reduction Act of 1995.

Regulatory Flexibility Act, 5 U.S.C. 601

Under the Regulatory Flexibility Act

agencies must consider the impact of

their rulemakings on ‘‘small entities’’

(small businesses, small organizations

and local governments). When an

agency is required by 5 U.S.C. 553 to

publish a notice of proposed

rulemaking, a regulatory flexibility

analysis is required for both the

proposed rule and the final rule if the

rulemaking could ‘‘have a significant

economic impact on a substantial

number of small entities.’’ The Act also

provides that if a regulatory flexibility

analysis is not required, the agency

must certify in the rulemaking

document that the rulemaking will not

‘‘have a significant economic impact on

a substantial number of small entities.’’

For the reasons that follow I certify

that a regulatory flexibility analysis is

not required for this rule because it

would not have a significant economic

impact on a substantial number of small

entities. This rule adds a new condition

under which we may determine debris

removal is in the public interest

following a declared disaster. We expect

the rule will benefit those small entities

that qualify for this assistance and will

enhance the ability of local officials to

make sound floodplain management

decisions more readily than under the

current rule.

Executive Order 13132, Federalism

Executive Order 13132, Federalism,

dated August 4, 1999, sets forth

principles and criteria that agencies

must adhere to in formulating and

implementing policies that have

federalism implications, that is,

regulations that have substantial direct

effects on the States, or on the

distribution of power and

responsibilities among the various

levels of government. Federal agencies

must closely examine the statutory

authority supporting any action that

would limit the policymaking discretion

of the States, and to the extent

practicable, must consult with State and

local officials before implementing any

such action.

We have reviewed this rule under

Executive Order 13132 and have

concluded that the rule does not have

federalism implications as defined by

the Executive Order. As noted under

Regulatory Planning and Review, this

rule adds a new condition under which

we may determine debris removal is in

the public interest following a declared

disaster. We know of no substantial

direct effects on the States, or on the

distribution of power and

responsibilities among the various

levels of government that would result

from this rule.

The Office of Management and Budget

has reviewed this rule under the

provisions of Executive Order 13132.

Congressional Review of Agency

Rulemaking

We have sent this rule to the Congress

and to the General Accounting Office

under the Congressional Review of

Agency Rulemaking Act, Pub. L. 104–

121. The rule is not a ‘‘major rule’’

within the meaning of that Act. By

adding a new condition under which we

may determine debris removal is in the

public interest following a declared

disaster it will not result in an annual

effect on the economy of $100,000,000

or more. We do not expect that it will

result in a major increase in costs or

prices for consumers, individual

industries, Federal, State, or local

government agencies, or geographic

regions. Nor do we expect that it will

have ‘‘significant adverse effects’’ on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

enterprises to compete with foreignbased enterprises.

List of Subjects in 44 CFR Part 206

Disaster assistance.

Accordingly, amend 44 CFR part 206

as follows:

PART 206—FEDERAL DISASTER

ASSISTANCE FOR DISASTERS

DECLARED ON OR AFTER

NOVEMBER 23, 1988

1. The authority citation for part 206

continues to read as follows:

Authority: Robert T. Stafford Disaster

Relief and Emergency Assistance Act, 42

U.S.C. 5121 et seq.; Reorganization Plan No.

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

p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979

Comp., p. 376; E.O. 12148, 44 FR 43239, 3

CFR, 1979 Comp., p. 412; and E.O. 12673, 54

FR 12571, 3 CFR, 1989 Comp., p. 214.

2. Revise § 206.224(a) to read as

follows:

§ 206.224 Debris removal.

(a) Public interest. Upon

determination that debris removal is in

the public interest, the Regional Director

may provide assistance for the removal

of debris and wreckage from publicly

and privately owned lands and waters.

Such removal is in the public interest

when it is necessary to:

(1) Eliminate immediate threats to

life, public health, and safety; or

(2) Eliminate immediate threats of

significant damage to improved public

or private property; or

(3) Ensure economic recovery of the

affected community to the benefit of the

community-at-large; or

(4) Mitigate the risk to life and

property by removing substantially

damaged structures and associated

appurtenances as needed to convert

property acquired through a FEMA

hazard mitigation program to uses

compatible with open space, recreation,

or wetlands management practices.

Such removal must be completed within

two years of the declaration date, unless

the Associate Director for Readiness,

33902 Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules and Regulations

Response and Recovery extends this

period.

* * * * *

Dated: June 19, 2001.

Lacy Suiter,

Assistant Director, Readiness, Response and

Recovery Directorate.

[FR Doc. 01–15924 Filed 6–25–01; 8:45 am]

BILLING CODE 6718–02–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1389; MM Docket No. 00–12; RM–

9706]

Radio Broadcasting Services; West

Rutland, VT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: At the request of Great Casco

Bay Wireless Talking Machine Limited

Liability Company, this document

substitutes Channel 298A for Channel

298C3 at West Rutland, Vermont, in

order to permit Station WTHT,

Lewiston, Maine, to improve its

facilities. See 65 FR 7518, published

February 16, 2000. The reference

coordinates for Channel 298A at West

Rutland, Vermont, are 43–34–04 and

73–00–30.

DATES: Effective July 23, 2001.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau,

(202) 418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order in MM Docket No. 00–12,

adopted June 6, 2001, and released June

8, 2001. The full text of this decision is

available for inspection and copying

during normal business hours in the

FCC’s Reference Information Center at

Portals II, CY–A257, 445 12th Street,

SW, Washington, D.C. The complete

text of this decision may also be

purchased from the Commission’s copy

contractor, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio Broadcasting.

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and

336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Vermont, is amended

by removing Channel 298C3 at West

Rutland and adding Channel 298A at

West Rutland.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–15973 Filed 6–25–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1438; MM Docket No. 00–160; RM–

9928]

Radio Broadcasting Services; Pana,

Taylorville, and Macon, IL

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the joint

request of Kaskaskia Broadcasting, Inc.

and Miller Communications, Inc.,

reallots Channel 265A from Pana to

Macon, Illinois, and modifies Station

WEGY(FM)’s license accordingly. We

also reallot Channel 232A from

Taylorville to Pana, Illinois, and modify

Station WMKR(FM)’s license

accordingly. See 65 FR 55930,

September 15, 2000. Channel 265A can

be reallotted to Macon in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 6.9 kilometers (4.3

miles) south at Station WEGY(FM)’s

requested site. The coordinates for

Channel 265A at Macon are 39–41–08

North Latitude and 88–55–29 West

Longitude. Additionally, Channel 232A

can be reallotted to Pana in compliance

with the Commission’s minimum

distance separation requirements with a

site restriction of 11.7 kilometers (7.3

miles) west at Station WMKR(FM)’s

requested site. The coordinates for

Channel 232A at Pana are 39–22–56

North Latitude and 89–12–56 West

Longitude.

DATES: Effective July 30, 2001.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 00–160,

adopted June 6, 2001, released June 15,

2001. The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Information Center

(Room CY–A257), 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Service, Inc., (202) 857–3800, 1231 20th

Street, NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 54, 303, 334, and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Illinois, is amended

by adding Macon, Channel 265A; and

removing Channel 265A at Pana; and by

adding Channel 232A at Pana; and

removing Channel 232A at Taylorville.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 01–15975 Filed 6–25–01; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 01–1390; MM Docket No. 01–6; RM–

10009]

Radio Broadcasting Services;

Steubenville, OH and Burgettstown, PA

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document reallots

Channel 278B from Steubenville, Ohio,

to Burgettstown, Pennsylvania, and

modifies the license for Station

WOGH(FM) to specify operation on

Channel 278B at Burgettstown,

Pennsylvania, in response to a petition

filed by Keymarket Licenses, LLC. See

66 FR 7872, January 26, 2001. The

coordinates for Channel 278B at

Burgettstown are 40–20–32 and 80–37–

14.

DATES: Effective July 23, 2001.