Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57177 

CBSA 

code 

Wage 

index 1

Urban area 

(constituent counties or county equivalents) 2 MSA code 

47940 ..... .................. Waterloo-Cedar Falls, IA. 

0.9157 Black Hawk, IA * .......................................................................................................................................... 8920 

0.9113 Bremer, IA * ................................................................................................................................................. 16 

Grundy, IA * ................................................................................................................................................. 16 

■ 10. On page 45167, in the third 

column, in lines 22 through 24, for 

CBSA code 48864, add an asterisk to the 

CBSA county names for ‘‘Cecil, MD’’, 

New Castle, DE,’’ and ‘‘Salem, NJ.’’

The table for CBSA code 48864 

should read as follows: 

CBSA 

code 

Wage 

index 1

Urban area 

(constituent counties or county equivalents) 2 MSA code 

48864 ..... .................. Wilmington, DE-MD-NJ. 

1.1757 Cecil, MD * ................................................................................................................................................... 9160 

New Castle, DE * ......................................................................................................................................... 9160 

1.1600 Salem, NJ * .................................................................................................................................................. 6160 

IV. Waiver of Proposed Rulemaking 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporate a statement of 

the finding and the reasons therefore in 

the notice. 

The revisions contained in this rule, 

correct formatting and typographical 

errors in various sections of a table. 

These corrections are necessary to 

ensure that the final rule accurately 

reflects the correct wage index value 

used to calculate payment to hospices. 

Since they are not substantive and 

merely technical, we find that public 

comments on these revisions are both 

unnecessary and impracticable. 

Therefore, we find good cause to waive 

notice and comment procedures. 

In addition, the Administrative 

Procedure Act (APA) normally requires 

a 30-day delay in the effective date of 

a final rule. Since this notice simply 

makes technical modifications to a final 

rule that has previously gone through 

notice-and-comment rulemaking and 

the corrections are only to formatting 

errors, we believe good cause also exists 

under the APA to waive the 30-day 

delay in the effective date. Thus, this 

notice is effective October 1, 2005. 

(Catalog of Federal Domestic Assistance 

Program No. 93.773, Medicare—Hospital 

Insurance; and Program No. 93.774, 

Medicare—Supplementary Medical 

Insurance Program) 

Dated: September 27, 2005. 

Ann C. Agnew, 

Executive Secretary to the Department. 

[FR Doc. 05–19609 Filed 9–29–05; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

43 CFR Part 10 

RIN 1024–AC84 

Native American Graves Protection 

and Repatriation Act Regulations 

AGENCY: Department of the Interior. 

ACTION: Final rule; Technical 

amendment. 

SUMMARY: The Native American Graves 

Protection and Repatriation Act of 1990 

(the Act) assigns responsibility for 

implementation to the Secretary of the 

Interior. Secretarial Order 3261 assigns 

some of these responsibilities to other 

positions in the Department of the 

Interior and National Park Service. This 

technical amendment amends the rule 

to be consistent with the new 

assignment of responsibilities. 

DATES: Effective September 30, 2005. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Sherry Hutt, Manager, National 

NAGPRA Program, National Park 

Service, 1849 C Street NW., (2253), 

Washington, DC 20240, telephone (202) 

354–1479, facsimile (202) 371–5197, email: Sherry_Hutt@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 16, 1990, President 

George H.W. Bush signed the Native 

American Graves Protection and 

Repatriation Act of 1990 (the Act) into 

law. The Act addresses the rights of 

lineal descendants, Indian tribes, and 

Native Hawaiian organizations to Native 

American human remains, funerary 

objects, sacred objects, and objects of 

cultural patrimony with which they are 

affiliated. The Act assigns 

implementation responsibilities to the 

Secretary of the Interior. 

Technical Amendment 

Secretarial Order 3261 reassigns some 

of these implementation responsibilities 

to other positions in the Department of 

the Interior and National Park Service to 

ensure efficient and effective 

implementation of the statutory 

requirements. 

Pursuant to the Secretarial Order, the 

Assistant Secretary for Fish and Wildlife 

and Parks is responsible for issuing 

regulations to carry out the Act after 

consultation with the Assistant 

Secretary for Indian Affairs; granting 

extensions of inventory deadlines; 

awarding grants to assist in 

implementation of NAGPRA to Indian 

tribes, Native Hawaiian organizations, 

and museums. In consultation with the 

Office of the Solicitor, the Assistant 

Secretary for Fish and Wildlife and 

Parks is also responsible for executing 

provisions of the Act regarding civil 

penalties against museums that fail to 

comply with NAGPRA, including 

investigating allegations of failure to 

comply with NAGPRA requirements 

and developing and assessing civil 

penalties. 

The Manager, National NAGPRA 

Program, reporting to the National Park 

Service Director through the Associate 

Director for Cultural Resources, is 

responsible for managing the operations 

of the National NAGPRA Program and 

provides staff support to the Assistant 

Secretary for Fish and Wildlife and 

57178 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

Parks. Such duties include preparing 

regulations for issuance by the Assistant 

Secretary for Fish and Wildlife and 

Parks; reviewing and recommending 

disposition of requests for extensions of 

the inventory deadline; publishing 

notices in the Federal Register; serving 

as the Designated Federal Official for 

the Native American Graves Protection 

and Repatriation Review Committee; in 

consultation with the Office of the 

Solicitor, providing technical assistance 

to the Department of Justice in 

implementation of the trafficking 

provisions of NAGPRA; developing and 

issuing guidelines, technical 

information, training and other 

programs; and administering grants to 

assist Indian tribes, Native Hawaiian 

organizations and museums in meeting 

their NAGPRA obligations. The National 

NAGPRA Program Manager is also 

responsible for providing staff to 

support the civil penalty responsibilities 

of the Assistant Secretary for Fish and 

Wildlife and Parks, who will report 

directly to the Assistant Secretary in the 

performance of these duties. 

Some of the abovementioned 

responsibilities were previously 

assigned by regulation to the National 

Park Service Director or the 

Departmental Consulting Archeologist. 

This technical amendment revises the 

rule to be consistent with the 

realignment of implementation 

responsibilities in the Secretarial Order. 

Good Cause for Immediate Adoption 

The Department of the Interior is 

issuing this technical amendment 

without prior notice and opportunity for 

comment as allowed by the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(B)). This provision allows an 

agency to issue a regulatory action 

without notice and opportunity for 

comment when the agency for good 

cause finds that notice and comment 

procedures are ‘‘impracticable, 

unnecessary or contrary to the public 

interest.’’ This technical amendment 

will clarify the delegation 

implementation responsibilities. 

Immediate implementation of the 

provisions of this amendment will 

benefit the public by ensuring efficient 

administration of the provisions of the 

Act. Failure to implement this 

amendment immediately could result in 

confusion and inefficiency that would 

adversely affect the public interest. For 

this reason, the Department of the 

Interior has determined that prior notice 

and an opportunity for comment would 

be impracticable, unnecessary, and 

contrary to the public interest. This 

same rationale provides good cause to 

make the technical amendment effective 

immediately upon publication, as 

allowed by the Administrative 

Procedure Act (553 U.S.C. (d)(3)). 

Compliance With Laws and Executive 

Orders 

Regulatory Planning and Review 

(Executive Order 12866) 

This document is not a significant 

rule and has not been reviewed by the 

Office of Management and Budget under 

Executive Order 12866. 

(1) This rule will not have an effect of 

$100 million or more on the economy. 

It will not adversely affect in a material 

way the economy, productivity, 

competition, jobs, the environment, 

public health or safety, or State, local, 

or tribal governments or communities. 

(2) This rule will not create a serious 

inconsistency or otherwise interfere 

with an action taken or planned by 

another agency. Actions taken under 

this rule will not interfere with other 

agencies or local government plans, 

policies or controls. This rule is an 

agency-specific rule. 

(3) This rule does not alter the 

budgetary effects of entitlements, grants, 

user fees, or loan programs or the rights 

or obligations of their recipients. This 

rule will have no effects on 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

their recipients. No grants or other 

forms of monetary supplements are 

involved. 

(4) This rule does not raise novel legal 

or policy issues. 

Regulatory Flexibility Act 

The Department of the Interior 

certifies that this rulemaking will not 

have a significant economic effect on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA) 

This rule is not a major rule under 5 

U.S.C. 804(2), the Small Business 

Regulatory Enforcement Fairness Act. 

This proposed rule: 

a. Does not have an annual effect on 

the economy of $100 million or more. 

b. Will not cause a major increase in 

costs or prices for consumers, 

individual industries, Federal, State, or 

local government agencies, or 

geographic regions. 

c. Does not have significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

the ability of U.S.-based enterprises to 

compete with foreign-based enterprises. 

Unfunded Mandates Reform Act 

This rule does not impose an 

unfunded mandate on State, local, or 

tribal governments or the private sector 

of more than $100 million per year. The 

rule does not have a significant or 

unique effect on State, local or tribal 

governments or the private sector. This 

rule is an agency specific rule and does 

not impose any other requirements on 

other agencies, governments, or the 

private sector. 

Takings (Executive Order 12630) 

In accordance with Executive Order 

12630, the rule does not have significant 

takings implications. A taking 

implication assessment is not required. 

No taking of personal property will 

occur as a result of this rule. 

Federalism (Executive Order 13132) 

In accordance with Executive Order 

13132, the rule does not have sufficient 

Federalism implications to warrant the 

preparation of a Federalism Assessment. 

Civil Justice Reform (Executive Order 

12988) 

In accordance with Executive Order 

12988, the Office of the Solicitor has 

determined that this rule does not 

unduly burden the judicial system and 

meets the requirements of sections 3(a) 

and 3(b)(2) of the Order. 

Paperwork Reduction Act 

This regulation does not require an 

information collection from 10 or more 

parties and a submission under the 

Paperwork Reduction Act is not 

required. An OMB Form 83–I is not 

required. 

National Environmental Policy Act 

We have analyzed this rule in 

accordance with the criteria of the 

National Environmental Policy Act and 

516 DM. This rule does not constitute a 

major Federal action significantly 

affecting the quality of the human 

environment. 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government to Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951) and 512 

DM 2, we have evaluated potential 

effects on Federally recognized Indian 

tribes and have determined that there 

are no potential effects. 

List of Subjects in 43 CFR Part 10 

Administrative practices and 

procedure, Hawaiian Natives, Historic 

Preservation, Indians—Claims, 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57179 

Museums, Reporting and recordkeeping 

requirements. 

■ For the reasons stated in the preamble, 

the Department of the Interior amends 

title 43, Code of Federal Regulations, as 

follows: 

PART 10—NATIVE AMERICAN 

GRAVES PROTECTION AND 

REPATRIATION ACT REGULATIONS 

■ 1. The authority citation for Part 10 

continues to read as follows: 

Authority: 25 U.S.C. 3001 et seq. 

■ 2. Amend § 10.2 by revising the 

second sentence of paragraph (b)(2) and 

revising paragraph (c)(3) to read as 

follows: 

§ 10.2 Definitions. 

(b) * * * 

(2) * * * The Secretary will make 

available a list of Indian tribes and 

Indian tribal officials for the purposes of 

carrying out this statute through the 

Manager, National NAGPRA Program. 

* * * * * 

(c) * * * 

(3) Manager, National NAGPRA 

Program means the official of the 

Department of the Interior designated by 

the Secretary as responsible for 

administration of matters relating to this 

part. Communications to the Manager, 

National NAGPRA Program, should be 

addressed to: Manager, National 

NAGPRA Program, National Park 

Service (MS 2253 MIB), 1849 C Street 

NW., Washington, DC 20240. 

■ 3. Revise paragraph (a) of § 10.12 to 

read as follows: 

§ 10.12 Civil penalties. 

(a) The Secretary’s authority to assess 

civil penalties. The Secretary is 

authorized by section 9 of the Act to 

assess civil penalties on any museum 

that fails to comply with the 

requirements of the Act. The Assistant 

Secretary for Fish and Wildlife and 

Parks may act on behalf of the Secretary. 

* * * * * 

Subpart D to Part 10—[Nomenclature 

Change] 

■ 4. In Subpart D, remove the words 

‘‘Departmental Consulting 

Archeologist’’ wherever they appear and 

add in their place the words ‘‘Manager, 

National NAGPRA Program’’. 

Dated: September 14, 2005. 

Craig Manson, 

Assistant Secretary for Fish and Wildlife and 

Parks. 

[FR Doc. 05–19547 Filed 9–29–05; 8:45 am] 

BILLING CODE 4312–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7895] 

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 scheduled for 

suspension 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 not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

EFFECTIVE DATES: The effective date of 

each community’s scheduled 

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 letter 

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.