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. 

57180 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

Regulatory Flexibility Act 

The Administrator 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. 

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 II 

New Jersey: 

East Rutherford, Borough of, Bergen 

County. 

340028 June 24, 1975, Emerg; December 16, 1980, 

Reg; September 30, 2005, Susp. 

09/30/2005 ....... 09/30/2005 

Edgewater, Borough of, Bergen County. 340029 September 25, 1975, Emerg; April 1, 1983, 

Reg; September 30, 2005, Susp. 

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

Fair Lawn, Borough of, Bergen County 340033 April 4, 1974, Emerg; July 2, 1981, Reg; 

September 30, 2005, Susp. 

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

Fairview, Borough of, Bergen County ... 340034 July 16, 1975, Emerg; August 2, 1982, Reg; 

September 30, 2005, Susp. 

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

Glen Rock, Borough of, Bergen County. 340038 February 12, 1975, Emerg; July 2, 1981, 

Reg; September 30, 2005, Susp..

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

Hackensack, City of, Bergen County .... 340039 October 2, 1974, Emerg; December 1, 

1982, Reg; September 30, 2005, Susp. 

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

Harrington Park, Borough of, Bergen 

County.

340040 April 16, 1975, Emerg; April 15, 1981, Reg; 

September 30, 2005, Susp. 

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

Hasbrouck Heights, Borough of, Bergen 

County. 

340041 July 8, 1975, Emerg; June 30, 1976, Reg; 

September 30, 2005, Susp. 

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

Hillsdale, Borough of, Bergen County ... 340043 November 19, 1971, Emerg; December 15, 

1981, Reg; September 30, 2005, Susp..

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

Mahwah, Township of, Bergen County. 340049 October 13, 1972, Emerg; November 3, 

1982, Reg; September 30, 2005, Susp. 

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

Montvale, Borough of, Bergen County. 340052 May 2, 1975, Emerg; June 15, 1981, Reg; 

September 30, 2005, Susp. 

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

North Arlington, Borough of, Bergen 

County. 

340055 July 3, 1975, Emerg; April 3, 1978, Reg; 

September 30, 2005, Susp. 

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

Oakland, Borough of, Bergen County ... 345309 June 30, 1970, Emerg; June 30, 1970, Reg; 

September 30, 2005, Susp..

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

Old Tappan, Borough of, Bergen County. 340059 October 6, 1972, Emerg; April 15, 1977, 

Reg; September 30, 2005, Susp. 

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

Oradell, Borough of, Bergen County ..... 340060 November 24, 1972, Emerg; March 15, 

1977, Reg; September 30, 2005, Susp. 

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

Palisades Park, Borough of, Bergen 

County.

340061 May 22, 1975, Emerg; June 1, 1982, Reg; 

September 30, 2005, Susp..

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

Park Ridge, Borough of, Bergen County 340063 February 19, 1975, Emerg; May 5, 1981, 

Reg; September 30, 2005, Susp. 

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

Ramsey, Borough of, Bergen County ... 340064 January 21, 1974, Emerg; September 2, 

1981, Reg; September 30, 2005, Susp. 

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

Ridgefield Park, Village of, Bergen 

County. 

340066 May 8, 1975, Emerg; October 15, 1982, 

Reg; September 30, 2005, Susp. 

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

Rochelle Park, Township of, Bergen 

County.

340070 February 16, 1973, Emerg; March 28, 1980, 

Reg; September 30, 2005, Susp. 

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

Saddle Brook, Township of, Bergen 

County. 

340074 June 10, 1974, Emerg; April 15, 1982, Reg; 

September 30, 2005, Susp. 

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

Woodcliff Lake, Borough of, Bergen 

County. 

340082 July 15, 1975, Emerg; September 2, 1981, 

Reg; September 30, 2005, Susp. 

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

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57181 

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 V 

Wisconsin: Manitowoc, City of, 

Manitowoc County.

550240 May 21, 1971, Emerg; April 15, 1977, Reg; 

September 30, 2005, Susp. 

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

Region VII 

Nebraska: Brule, Village of, Keith County.310128 July 10, 1975, Emerg; September 27, 1985, 

Reg; September 30, 2005, Susp. 

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

Campbell, Village of, Franklin County. .. 310256 January 6, 1998, Emerg; March 1, 2001, 

Reg; September 30, 2005, Susp. 

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

Region VIII 

Colorado: Castle Rock, Town of, Douglas County. 080050 April 22, 1975, Emerg; August 15, 1978, 

Reg; September 30, 2005, Susp. 

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

Larkspur, Town of, Douglas County ...... 080309 March 27, 1987, Emerg; September 30, 

1987, Reg; September 30, 2005, Susp. 

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

Region IX 

Arizona: Fountain Hills, Town of, Maricopa County. 040135 February 10, 1994, Emerg; February 10, 

1994, Reg; September 30, 2005, Susp. 

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

Paradise Valley, Town of, Maricopa 

County. 

040049 September 15, 1972, Emerg; May 1, 1980, 

Reg; September 30, 2005, Susp. 

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

California: Fresno, City of, Santa Barbara County. 060048 October 30, 1975, Emerg; December 1, 

1982, Reg; September 30, 2005, Susp. 

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

Guadalupe, City of, Santa Barbara 

County. 

060333 August 21, 1975, Emerg; April 30, 1982, 

Reg; September 30, 2005, Susp..

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

*......do....=Ditto. 

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

Dated: September 21, 2005. 

David I. Maurstad, 

Acting Mitigation Division Director, 

Emergency Preparedness and Response 

Directorate. 

[FR Doc. 05–19637 Filed 9–29–05; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 3, 10, 114, 147, 151, and 

175 

[USCG–2005–22329] 

RIN 1625–ZA05 

Shipping; Technical, Organizational 

and Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: This rule makes nonsubstantive changes throughout Title 46 

of the Code of Federal Regulations. The 

purpose of this rule is to make 

conforming amendments and technical 

corrections to Coast Guard shipping and 

transportation regulations. This rule 

will have no substantive effect on the 

regulated public. 

DATES: This final rule is effective 

September 30, 2005. 

ADDRESSES: Documents as indicated in 

this preamble are available for 

inspection or copying under docket 

number [USCG–2005–22329] at the 

Docket Management Facility, U.S. 

Department of Transportation, room PL–

401, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. You may also find this 

docket on the Internet at http:// 

dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call Mr. 

Ray Davis, Project Manager, Standards 

Evaluation and Development Division 

(G–MSR–1), U.S. Coast Guard, at 202–

267–6826. If you have questions on 

viewing, or submitting material to the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, 

Department of Transportation, at 202–

493–0402. 

SUPPLEMENTARY INFORMATION

Regulatory Information 

We did not publish a Notice of 

Proposed Rulemaking (NPRM) for this 

regulation. Under both 5 U.S.C. 

553(b)(A) and (b)(B), the Coast Guard 

finds that this rule is exempt from 

notice and comment rulemaking 

requirements because some of these 

changes involve agency organization 

and practices, and all of these changes 

are non-substantive. This rule consists 

only of corrections and editorial, 

organizational, and conforming 

amendments. These changes will have 

no substantive effect on the public; 

therefore, it is unnecessary to publish an 

NPRM. Under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that, for the same 

reasons, good cause exists for making 

this rule effective less than 30 days after 

publication in the Federal Register. 

Discussion of the Rule 

Each year Title 46 of the Code of 

Federal Regulations is updated on 

October 1. This rule, which becomes 

effective on September 30, 2005, makes 

technical and editorial corrections 

throughout Title 46. This rule does not 

change any substantive requirements of 

the existing regulations. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. We expect the economic impact 

of this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

As this rule involves internal agency 

practices and procedures and nonsubstantive changes, it will not impose 

any costs on the public.