Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations 19201

PART 206—FEDERAL DISASTER

ASSISTANCE FOR DISASTERS

DECLARED ON OR AFTER

NOVEMBER 23, 1988

3. The authority citation for Part 206

is revised to read as follows:

Authority: 42 U.S.C. 5121 et seq.; 42 U.S.C.

4001 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.

Subpart E—Individual and Family

Grant Programs

4. Section 206.131(a) is amended by

adding a sentence between the sentence

ending, ‘‘* * * to reflect changes in the

Consumer Price Index for all Urban

Consumers,’’ and the sentence

beginning, ‘‘The Governor or his/her

designee is responsible . . .’’ to read as

set forth below, and § 206.131(d)(1)(iii)

(C) and (D) are revised to read as

follows:

§ 206.131 Individual and family grant

programs.

(a) * * * IFG assistance for damages

or losses to real or personal property, or

both, will be provided to individuals or

families with those IFG-eligible losses

totaling $201 or more; those individuals

with damages or losses of $200 or less

to real or personal property, or both, are

ineligible. * * *

* * * * *

(d) * * *

(1) * * *

(iii) * * *

(C)(1) The State may not make a grant

for acquisition or construction purposes

in a designated special flood hazard area

in which the sale of flood insurance is

available under the NFIP unless the

individual or family obtains adequate

flood insurance and maintains such

insurance for as long as they live at that

property address. The coverage shall

equal the maximum grant amount

established under § 411(f) of the Stafford

Act. If the grantee is a homeowner, flood

insurance coverage must be maintained

on the residence at the flood-damaged

property address for as long as the

structure exists if the grantee, or any

subsequent owner of that real estate,

ever wishes to be assisted by the Federal

government with any subsequent flood

damages or losses to real or personal

property, or both. If the grantee is a

renter, flood insurance coverage must be

maintained on the contents for as long

as the renter resides at the flooddamaged property address. The

restriction is lifted once the renter

moves from the rental unit.

(2) Individuals named by a State as

eligible recipients under § 411 of the

Stafford Act for an IFG program award

for flood damage as a result of a

Presidential major disaster declaration

will be included in a Group Flood

Insurance Policy (GFIP) established

under the National Flood Insurance

Program (NFIP) regulations, at 44 CFR

61.17.

(i) The premium for the GFIP is a

necessary expense within the meaning

of this section. The State shall withhold

this portion of the IFG award and

provide it to the NFIP on behalf of

individuals and families who are

eligible for coverage. The coverage shall

be equivalent to the maximum grant

amount established under § 411(f) of the

Stafford Act.

(ii) The State IFG program staff shall

provide the NFIP with records of

individuals who received an IFG award

and are, therefore, to be insured.

Records of IFG grantees to be insured

shall be accompanied by payments to

cover the premium amounts for each

grantee for the 3-year policy term. The

NFIP will then issue a Certificate of

Flood Insurance to each grantee. Flood

insurance coverage becomes effective on

the 30th day following the receipt of

records of GFIP insureds and their

premium payments from the State, and

terminates 36 months from the

inception date of the GFIP, i.e., 60 days

from the date of the disaster declaration.

(iii) Insured grantees would not be

covered if they are determined to be

ineligible for coverage based on a

number of exclusions established by the

NFIP. Therefore, once grantees/

policyholders receive the Certificate of

Flood Insurance that contains a list of

the policy exclusions, they should

review that list to see if they are

ineligible for coverage. Those grantees

who fail to do this may find that their

property is, in fact, not covered by the

insurance policy when the next flooding

incident occurs and they file for losses.

Once the grantees find that their

damaged buildings, contents, or both,

are ineligible for coverage, they should

notify the NFIP in writing in order to

have their names removed from the

GFIP, and to have the flood insurance

maintenance requirement expunged

from the NFIP data-tracking system. (If

the grantee wishes to refer to or review

a Standard Flood Insurance Policy, it

will be made available by the NFIP

upon request.)

(D) A State may not make a grant to

any individual or family who received

Federal disaster assistance for flood

damage occurring after September 23,

1994, if that property has already

received federal flood-disaster

assistance in a disaster declared after

September 23, 1994, a flood insurance

purchase and maintenance requirement

was levied as a condition or result of

receiving that Federal disaster

assistance, and flood insurance was, in

fact, not maintained in an amount at

least equal to the maximum IFG grant

amount. However, if that property was

determined to be ineligible for NFIP

flood insurance coverage and is in a

special flood hazard area located in a

community participating in the NFIP,

then the State may continue to make

grants to those individuals or families

that receive additional damage in all

subsequent Presidentially declared

major disasters involving floods.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’; No. 83.516,

‘‘Disaster Assistance’’)

Dated: April 25, 1996.

James L. Witt,

Director.

[FR Doc. 96–10779 Filed 4–30–96; 8:45 am]

BILLING CODE 6718–02–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 96–44, Notice 01]

RIN 2127–AG30

Federal Motor Vehicle Safety

Standards; Fuel System Integrity

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation.

ACTION: Final rule, technical

amendment.

SUMMARY: This document deletes several

obsolete sections of Standard No. 301,

‘‘Fuel System Integrity.’’ They relate to

(1) the standard’s general requirements

in S5 as they apply to light vehicles, (2)

the requirements for schoolbuses in

S5.4, and (3) the requirements for fuel

spillage in S5.5. These sections are

obsolete because the time periods to

which they specify are all in the past.

EFFECTIVE DATE: This rule is effective

May 31, 1996.

FOR FURTHER INFORMATION CONTACT: For

nonlegal issues: Dr. William J.J. Liu,

Office of Vehicle Safety Standards,

NPS–12, telephone (202) 366–4923.

For legal issues: Mr. Marvin Shaw,

Office of Chief Counsel, NCC–20, (202)

366–2992. Both may be reached at the

National Highway Traffic Safety

Administration, 400 Seventh St., S.W.,

Washington, D.C., 20590.

SUPPLEMENTARY INFORMATION: Pursuant

to the President’s March 4, 1995
19202 Federal Register / Vol. 61, No. 85 / Wednesday, May 1, 1996 / Rules and Regulations

directive, ‘‘Regulatory Reinvention

Initiative,’’ to the heads of departments

and agencies, NHTSA undertook a

review of all its regulations and

directives. During the course of this

review, the agency identified several

requirements and regulations that are

potential candidates for rescission. In

reviewing Standard No. 301, the agency

identified several obsolete sections

relating to (1) the standard’s general

requirements in S5 as they apply to light

vehicles, (2) the requirements for school

buses in S5.4, and (3) the requirements

for fuel spillage in S5.5. These sections

are obsolete because the time periods to

which they relate are all in the past. To

improve the clarity and conciseness of

Standard No. 301, the agency is deleting

these sections from the standard.

The obsolete sections of the standard

relating to certain light vehicles are S5.2

and S5.3. Paragraph S5.2 had set forth

requirements for vehicles with a gross

vehicle weight rating (GVWR) of 6,000

pounds or less. Paragraph S5.3 had set

forth requirements for vehicles with a

GVWR of more than 6,000 pounds but

not more than 10,000 pounds. These

weight provisions, while relevant when

the Standard was enacted in 1975 are no

longer relevant. Paragraph S5.1 is

amended to include vehicles that were

formerly addressed in S5.2 and S5.3.

Paragraph S5.4 is amended to delete an

outdated reference to vehicles

manufactured before April 1, 1977.

Paragraph S5.5 is amended to delete an

outdated reference to vehicles

manufactured before September 1, 1976.

NHTSA finds good cause to make this

amendment effective 30 days after

publication of this document. This

amendment makes minor changes to

Standard No. 301.

NHTSA also finds for good cause that

notice and an opportunity for comment

on this document are unnecessary. This

document does not impose any

additional responsibilities on any

manufacturer. Instead, this document

simply removes outdated provisions

and references in the standard.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This rulemaking document was not

reviewed under E.O. 12866, ‘‘Regulatory

Planning and Review.’’ Further, this

action has been determined to be not

‘‘significant’’ under the Department of

Transportation’s regulatory policies and

procedures. This rule removes outdated

portions of Standard 301 without

changing any of the requirements in the

standard. Because this rule does not

affect any substantive requirement of

the fuel system integrity standard, its

impacts are so minimal as not to

warrant preparation of a full regulatory

evaluation.

Regulatory Flexibility Act

NHTSA has also considered the

impacts of this rule under the

Regulatory Flexibility Act. I hereby

certify that this rule will not have a

significant economic impact on a

substantial number of small entities. As

noted above, this rule simply removes

outdated portions of Standard 301. It

has no effect whatsoever on the

manufacture or sale of vehicles.

National Environmental Policy Act

NHTSA has also analyzed this rule

under the National Environmental

Policy Act and determined that it will

not have a significant impact on the

human environment.

Executive Order 12612 (Federalism)

NHTSA has analyzed this rule in

accordance with the principles and

criteria contained in E.O. 12612, and

has determined that this rule will not

have significant federalism implications

to warrant the preparation of a

Federalism Assessment.

Civil Justice Reform

This rule will not have any retroactive

effect. Under 49 U.S.C. 30103, whenever

a Federal motor vehicle safety standard

is in effect, a State may not adopt or

maintain a safety standard applicable to

the same aspect of performance which

is not identical to the Federal standard,

except to the extent that the state

requirement imposes a higher level of

performance and applies only to

vehicles procured for the State’s use. 49

U.S.C. 30161 sets forth a procedure for

judicial review of final rules

establishing, amending or revoking

Federal motor vehicle safety standards.

That section does not require

submission of a petition for

reconsideration or other administrative

proceedings before parties may file suit

in court.

List of Subjects in 49 CFR Part 571

Imports, Motor vehicle safety, Motor

vehicles, Rubber and rubber products,

Tires.

In consideration of the foregoing, the

agency is amending 49 CFR § 571.301,

Fuel System Integrity, to read as follows:

PART 571—FEDERAL MOTOR

VEHICLE SAFETY STANDARDS

1. The authority citation for part 571

continues to read as follows:

Authority: 49 U.S.C. 322, 30111, 30115,

30117, and 30166; delegation of authority at

49 CFR 1.50.

2. Section 571.301 is amended by

revising S5.1, S5.4, and S5.5 and by

removing and reserving S5.2 and S5.3 to

read as follows:

§ 571.301 Standard No. 301, Fuel System

Integrity.

* * * * *

S5. General requirements.

S5.1 Passenger cars, and

multipurpose passenger vehicles, trucks,

and buses with a GVWR of 10,000

pounds or less. Each passenger car and

each multipurpose passenger vehicle,

truck, and bus with a GVWR of 10,000

pounds or less shall meet the

requirements of S6.1 through S6.4. Each

of these types of vehicles that is

manufactured to use alcohol fuels shall

also meet the requirements of S6.6.

S5.2 [Reserved]

S5.3 [Reserved]

S5.4 Schoolbuses with a GVWR

greater than 10,000 pounds. Each

schoolbus with a GVWR greater than

10,000 pounds shall meet the

requirements of S6.5. Each schoolbus

with a GVWR greater than 10,000

pounds that is manufactured to use

alcohol fuels shall meet the

requirements of S6.6.

S5.5 Fuel Spillage: Barrier Crash.

Fuel spillage for each vehicle in any

fixed or moving barrier crash test shall

not exceed 1 ounce by weight from

impact until motion of the vehicle has

ceased, and shall not exceed a total of

5 ounces by weight in the 5-minute

period following cessation of motion.

For the subsequent 25-minute period,

fuel spillage during any 1-minute

interval shall not exceed 1 ounce by

weight.

Issued on: April 25, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–10792 Filed 4–30–96; 8:45 am]

BILLING CODE 4910–59–P

49 CFR Part 571

[Docket No. 93–02; Notice 13]

RIN 2127–AF79

Federal Motor Vehicle Safety

Standards; Compressed Natural Gas

Fuel Containers

AGENCY: National Highway Traffic

Safety Administration (NHTSA),

Department of Transportation (DOT).

ACTION: Final rule.

SUMMARY: In response to a request by the

Aluminum Association, this document