Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations 65107

organization is affected by this final rule

and you have questions concerning its

provisions or options for compliance,

please call Lieutenant (Junior Grade)

Wade W. Gough, Marine Safety Office

Portland, Maine, at (207) 780–3251.

Small businesses may send comments

on the actions of Federal employees

who enforce, or otherwise determine

compliance with, Federal regulations to

the Small Business and Agriculture

Regulatory Enforcement Ombudsman

and the Regional Small Business

Regulatory Fairness Boards. The

Ombudsman evaluates these actions

annually and rates each agency’s

responsiveness to small business. If you

wish to comment on actions by

employees of Coast Guard, call 1–888–

REG–FAIR (1–888–734–3247).

Collection of Information

This rule calls for no new collection

of information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501–

3520).

Federalism

The Coast Guard has analyzed this

rule under Executive Order 13132 and

has determined that this rule does not

have implications for federalism under

that Order.

Unfunded Mandates Reform Act

The Unfunded Mandates Reform Act

of 1995 (2 U.S.C. 1531–1538) governs

the issuance of Federal regulations that

require unfunded mandates. An

Unfunded Mandate is a regulation that

requires a state, local or tribal

government or the private sector to

incur costs without the Federal

government’s having first provided the

funds to pay those costs. This rule will

not impose an unfunded mandate.

Taking of Private Property

This rule will not effect a taking of

private property or otherwise have

taking implications under Executive

Order 12630, Governmental Actions and

Interference with Constitutionally

Protected Property Rights.

Civil Justice Reform

This rule meets applicable standards

in section 3(a) and 3(b)(2) of Executive

Order 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity

and reduce burden.

Protection of Children

The Coast Guard has analyzed this

rule under Executive Order 13045,

Protection of Children from

Environmental Health Risks and Safety

Risks. This rule is not an economically

significant rule and does not create an

environmental risk to health or risk to

safety that may disproportionately affect

children.

Indian Tribal Governments

This rule does not have tribal

implications under Executive Order

13175, Consultation and Coordination

with Indian Tribal Governments,

because it does not have a substantial

direct effect on one or more Indian

tribes, on the relationship between the

Federal Government and Indian tribes,

or on the distribution of power and

responsibilities between the Federal

Government and Indian tribes.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under Figure 2–1,

paragraph 34(g) of Commandant

Instruction M16475.1D, this rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket where

indicated under ADDRESSES.

Energy Effects

We have analyzed this rule under

Executive Order 13211, Actions

Concerning Regulations that

Significantly Affect Energy Supply,

Distribution, or Use. We have

determined that it is not a ‘‘significant

energy action’’ under that order because

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not

likely to have a significant adverse effect

on the supply, distribution, or use of

energy. It has not been designated by the

Administrator of the Office of

Information and Regulatory Affairs as a

significant energy action. Therefore, it

does not require a Statement of Energy

Effects under Executive Order 13211.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and record keeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR part 165 as follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191,

33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49

CFR 1.46.

2. Add temporary section, 165.T01–

206, to read as follows:

§ 165.T01–206 Security Zone; Maine

Yankee Nuclear Power Plant, Wiscasset,

Maine.

(a) Location. The following area is a

security zone: All land and waters

surrounding Bailey Point and Foxbird

Island within a zone beginning at

position 43°57′23′′ N, 069°41′17′′ W then

running southeasterly to 43°56′40′′ N,

069°41′40′′ W then running west to

43°56′40′′ N, 069°41′56′′ W then running

north to 43°57′06′′ N, 069°41′56′′ W then

running north-northeasterly to 43°57′21′′

N, 069°41′48′′ W then running northnorthwesterly to 43°57′39′′ N,

069°41′52′′ W then south-southeasterly

to the point of origin.

(b) Effective date. This section is

effective from December 10, 2001 until

June 15, 2001.

(c) Regulations.

(1) In accordance with the general

regulations in section 165.33 of this

part, entry into or movement within this

zone is prohibited unless authorized by

the Captain of the Port, Portland, Maine.

(2) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port,

Portland, Maine or designated on-scene

U. S. Coast Guard patrol personnel. Onscene Coast Guard patrol personnel

include commissioned, warrant and

petty officers of the Coast Guard on

board Coast Guard, Coast Guard

Auxiliary, local, state, and federal law

enforcement vessels.

(3) No person may enter the waters

within the boundaries of the security

zone unless previously authorized by

the Captain of the Port, Portland, Maine

or his authorized patrol representative.

(d) In addition to 33 U.S.C. 1231 and

49 CFR 1.46, the authority for this

section includes 33 U.S.C. 1226.

Dated: December 7, 2001.

M.P. O’Malley,

Commander, U.S. Coast Guard, Captain of

the Port, Portland, Maine.

[FR Doc. 01–31172 Filed 12–17–01; 8:45 am]

BILLING CODE 4910–15–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

[Docket No. FEMA–D–7517]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

65108 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) (FIRMs) in

effect prior to this determination for

each listed community.

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

reconsider the changes. The modified

elevations may be changed during the

90-day period.

ADDRESSES: The modified base flood

elevations 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 following table.

FOR FURTHER INFORMATION CONTACT:

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

Study Branch, Federal Insurance and

Mitigation Administration, Federal

Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,

(202) 646–3461, or (email)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

modified base flood elevations are not

listed for each community in this

interim rule. However, the address of

the Chief Executive Officer of the

community where the modified base

flood elevation determinations are

available for inspection is provided.

Any request for reconsideration must

be based upon knowledge of changed

conditions, or upon 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 base flood elevations

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 elevations, 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 base flood elevations

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 Administrator, Federal

Insurance and Mitigation

Administration, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified base flood elevations are

required by the Flood Disaster

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

and are required to maintain community

eligibility in the National Flood

Insurance Program. 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 recordkeeping

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

No.

Connecticut: Fairfield Town of Greenwich November 15, 2001, November 22, 2001, Greenwich Times.Ms. Lolly H. Prince, First Selectman of

the Town of Greenwich, 101 Field

Point Road, Greenwich, Connecticut

06830.

Nov. 5,

2001.

090008

D&E

Florida:

Lee .................... Unincorporated

Areas.

September 27, 2001, October 4, 2001, News-Press.Mr. Doug St. Cerny, Chairman of the

Lee County, Board of County Commissioners, P.O. Box 398, Fort

Myers, Florida 33902.

Sept. 20,

2001.

125124 E

Leon .................. City of Tallahassee September 28, 2001, October 5, 2001, Tallahassee

Democrat.

The Honorable Scott Maddox, Mayor of

the City of Tallahassee, 300 South

Adams Street, Tallahassee, Florida

32301–1731.

Jan. 4,

2002.

120144 D

Georgia:

Bibb and Jones City of Macon ......... September 25, 2001, October 4, 2001, The Macon

Telegraph.

The Honorable Jack Ellis, Mayor of the

City of Macon, 700 Poplar Street,

Macon, Georgia 31201.

Jan. 1,

2002.

130011 D

Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations 65109

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community

Effective

date of

modification

Community

No.

Gwinnett ........... Unincorporated

Areas.

September 27, 2001, October 4, 2001, Gwinnett

Daily Post.

Mr. Wayne Hill, Chairman of the

Gwinnett County Board of Commissioners, Justice and Administration

Center, 75 Langley Drive,

Lawrenceville, Georgia 30045.

Sept. 20,

2001.

130322 D

Maine:

York .................. Town of Alfred ....... September 27, 2001, October 4, 2001, The Sanford

News.

Mr. Perley Yeaton, Chairperson of the

Board of Selectmen for the Town of

Alfred, P.O. Box 667, Alfred, Maine

04001.

Sept. 19,

2001.

230191 C

Knox ................. Town of St. George October 18, 2001, October

25, 2001, Courier-Gazette.

Mr. John Falla, St. George Town Manager, P.O. Box 131, Tenants Harbor,

Maine 04860.

Oct. 12,

2001.

230229 C

Maryland:

Frederick ........... Unincorporated

Areas.

November 14, 2001, November 21, 2001, Frederick News Post.Mr. Ron Hart, Frederick County Manager, 12 East Church Street, Frederick, Maryland 21701.Oct. 30,

2001.

240027 B

Frederick ........... City of Frederick .... November 14, 2001, November 21, 2001, Frederick News Post.The Honorable James Grimes, Mayor of

the City of Frederick, 101 North Court

Street, Frederick, Maryland 21701.

Oct. 30,

2001.

240030 B

Michigan: Wayne ..... Township of Canton October 18, 2001, October

25, 2001, The Observer

& Eccentric.

Mr. Thomas J. Yack, Township of Canton Supervisor, 1150 South Canton

Center Road, Canton, Michigan

48188.

Jan. 24,

2002.

260219 B

New Jersey: Cape

May.

City of North Wildwood.October 10, 2001, October

17, 2001, The Leader.

The Honorable Aldo A. Palombo, Mayor

of the City of North Wildwood, Municipal Building, 901 Atlantic Avenue,

North Wildwood, New Jersey 08260.

Sept. 19,

2001.

345308 E

New York: Monroe ... Town of Greece ..... November 29, 2001, December 6, 2001, Greece

Post.

Mr. John Auberger, Supervisor of the

Town of Greece, One Vince Tofany

Boulevard, Rochester, New York

14616.

May 2,

2002.

360417 E

Ohio: Warren ........... City of Mason ......... September 5, 2001, September 12, 2001, PulseJournal.The Honorable John McCurley, Mayor

of the City of Mason, 202 West Main

Street, Mason, Ohio 45040.

Aug. 30,

2001.

390559 C

Puerto Rico:

Commonwealth ...... October 5, 2001, October

12, 2001, The San Juan

Star.

The Honorable Sila Maria Calderon,

Governor of the Commonwealth of

Puerto Rico, P.O. Box 82, La

Fortaleza, San Juan, Puerto Rico

00901.

Jan. 11,

2002.

720000 D

Commonwealth ...... October 12, 2001, October

19, 2001, San Juan Star.

The Honorable Sila Maria Calderon,

Governor of the Commonwealth of

Puerto Rico, P.O. Box 82, La

Fortaleza, San Juan, Puerto Rico

00901.

Jan. 18,

2002.

720000

B&C

Commonwealth ...... October 12, 2001, October

19, 2001, San Juan Star.

The Honorable Sila Maria Calderon,

Governor of the Commonwealth of

Puerto Rico, P.O. Box 82, La

Fortaleza, San Juan, Puerto Rico

00901.

Jan. 18,

2002.

720000

B&C

South Carolina:

Florence ............ City of Lake City .... September 5, 2001, September 12, 2001, The

News Journal.

Mr. George Simmons, Lake City Administrator, 202 Kelly Street, Lake City,

South Carolina 29560.

Dec. 12,

2001.

450075 D

Florence ............ Unincorporated

Areas.

September 5, 2001, September 12, 2001, The

News Journal.

Mr. Joe King, Florence County Administrator, 180 North Irby Street MSC–G,

Florence, South Carolina 29501.

Dec. 12,

2001.

450079 D

U.S. Virgin Islands ... Island of St. Croix .. November 1, 2001, November 8, 2001, The Daily

News.

The Honorable Charles W. Turnbull,

Governor of the U.S. Virgin Islands,

Government House, 21–22 Kongens

Gade, St. Thomas, Virgin Islands

00802.

Oct. 25,

2001.

78000 D

Virginia:

Fauquier ........... Unincorporated

Areas.

October 18, 2001, October

25, 2001, Fauquier Citizen.

Mr. G. Robert Lee, Fauquier County

Administrator, 40 Culpeper Street,

Warrenton, Virginia 20186.

Jan. 24,

2002.

510055 A

65110 Federal Register / Vol. 66, No. 243 / Tuesday, December 18, 2001 / Rules and Regulations

State and county Location

Dates and name of newspaper where notice was

published

Chief executive officer of community

Effective

date of

modification

Community

No.

Henrico ............. Unincorporated

Areas.

October 26, 2001, November 1, 2001, The Richmond Times.Mr. Richard Glover, Chairman of the

Henrico County, Board of Supervisors, P.O. Box 27032, Richmond,

Virginia 23273.

Oct. 12,

2001.

510077 B

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Dated: December 11, 2001.

Robert F. Shea,

Acting Administrator, Federal Insurance and

Mitigation Administration.

[FR Doc. 01–31030 Filed 12–17–01; 8:45 am]

BILLING CODE 6718–04–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 65

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: Modified base (1% annual

chance) flood elevations are finalized

for the communities listed below. These

modified elevations will be used to

calculate flood insurance premium rates

for new buildings and their contents.

EFFECTIVE DATES: The effective dates for

these modified base flood elevations are

indicated on the following table and

revise the Flood Insurance Rate Map(s)

(FIRMs) in effect for each listed

community prior to this date.

ADDRESSES: The modified base flood

elevations 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 following table.

FOR FURTHER INFORMATION CONTACT:

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

Study Branch, Federal Insurance and

Mitigation Administration, Federal

Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,

(202) 646–3461, or (email)

matt.miller@fema.gov.

SUPPLEMENTARY INFORMATION: The

Federal Emergency Management Agency

makes the final determinations listed

below of modified base flood elevations

for each community listed. These

modified elevations have been

published in newspapers of local

circulation and ninety (90) days have

elapsed since that publication. The

Acting Administrator has resolved any

appeals resulting from this notification.

The modified base flood elevations

are not listed for each community in

this notice. However, this rule includes

the address of the Chief Executive

Officer of the community where the

modified base flood elevation

determinations are available for

inspection.

The modifications are made pursuant

to section 206 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 base flood elevations

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 elevations, 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.

These modified elevations are used to

meet the floodplain management

requirements of the NFIP and are also

used to calculate the appropriate flood

insurance premium rates for new

buildings built after these elevations are

made final, and for the contents in these

buildings.

The changes in base flood elevations

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 Administrator, Federal

Insurance and Mitigation

Administration, certifies that this rule is

exempt from the requirements of the

Regulatory Flexibility Act because

modified base flood elevations 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 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.

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 recordkeeping

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: