Suspension of Community Eligibility, 6364-6365 [05-2257]

Download as PDF 6364 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations WASHINGTON—PM–10 Designation Classification Designated area Date * * * Yakima County ........................................................................ The area bounded on the south by a line from UTM coordinate 694000mW, 5157000mN, west to 681000mW, 5157000mN, thence north along a line to coordinate 681000mN, 5172000mN, thence east to 694000mW, 5172000mN, thence south to the beginning coordinate 694000mW, 5157000mN, excluding the area within the exterior boundary of the Yakama Indian Reservation * * * * * * * BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–7865] Suspension of Community Eligibility Federal Emergency Management Agency, Emergency Preparedness and Response Directorate, Department of Homeland Security. ACTION: Final rule. AGENCY: 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, VerDate jul<14>2003 16:29 Feb 04, 2005 * 11/15/90 * [FR Doc. 05–1994 Filed 2–4–05; 8:45 am] Jkt 205001 Type Date * Nonattainment ............... * PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 * 11/15/90 * 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 Type * Moderate. * * 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. Regulatory Flexibility Act The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National E:\FR\FM\07FER1.SGM 07FER1 6365 Federal Register / Vol. 70, No. 24 / Monday, February 7, 2005 / Rules and Regulations 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. Paperwork Reduction Act List of Subjects in 44 CFR Part 64 This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Executive Order 12612, Federalism This rule involves no policies that have federalism implications under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987 Comp.; p. 252. 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 12778, Civil Justice Reform This rule meets the applicable standards of section 2(b)(2) of Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991 Comp.; p. 309. Community No. State and location Region VII Kansas: Manhattan, City of, Riley County and Pottawattamie County. Odgen, City of, Riley County ........................ 200300 Riley County, Unincorporated Areas ............ 200298 Nebraska: Battle Creek, Madison County .... 310145 Madison County, Unincorporated Areas ...... 310455 200301 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: I PART 64—[AMENDED] 1. The authority citation for Part 64 continues to read as follows: I 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: I 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 January 3, 1974, Emerg; April 1, 1982, Reg; February 4, 2005, Susp. June 26, 1975, Emerg; October 15, 1981, Reg; February 4, 2005, Susp. June 23, 1975, Emerg; April 1, 1982, Reg; February 4, 2005, Susp. March 7, 1975, Emerg; September 30, 1987, Reg; February 4, 2005, Susp. July 25, 1977, Emerg; January 1, 1987, Reg; February 4, 2005, Susp. Feb. 4, 2005 ..... Feb. 4, 2005. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: February 1, 2005. David I. Maurstad, Acting Mitigation Division Director, Emergency Preparedness and Response Directorate. [FR Doc. 05–2257 Filed 2–4–05; 8:45 am] BILLING CODE 9110–12–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 02–60; FCC 04–289] Rural Health Care Support Mechanism Federal Communications Commission. ACTION: Final rule; petition for reconsideration. AGENCY: SUMMARY: In this document, we modify our rules to improve the effectiveness of the rural health care universal service support mechanism. Specifically, in this Report and Order, we change the Commission’s definition of rural for the purposes of the rural health care VerDate jul<14>2003 16:29 Feb 04, 2005 Jkt 205001 support mechanism because the definition currently used by the Commission is no longer being updated with new Census Bureau data. We also revise our rules to expand funding for mobile rural health care services by subsidizing the difference between the rate for satellite service and the rate for an urban wireline service with a similar bandwidth. On reconsideration, we permit rural health care providers in states that are entirely rural, such as American Samoa, to receive support for advanced telecommunications and information services under section 254(h)(2)(A). DATES: Effective April 8, 2005 except for §§ 54.609(e) and 54.621(c) which contain information collection requirements that have not been approved by the Office of Management Budget (OMB). The Commission will publish a document in the Federal Register announcing the effective date of those sections. FOR FURTHER INFORMATION CONTACT: Regina Brown at (202) 418–0792 or Dana Bradford at (202) 418–1932, PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 Wireline Competition Bureau, Telecommunications Access Policy Division, TTY (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order, and Order on Reconsideration, in WC Docket No. 02– 60 released on December 17, 2004. The full text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street, SW., Washington, DC 20554. A companion Further Notice of Proposed Rulemaking in WC Docket No. 02–60 was also released on December 17, 2004. I. Introduction 1. In this Report and Order and Order on Reconsideration (Second Report and Order), we modify our rules to improve the effectiveness of the rural health care universal service support mechanism. The mechanism provides discounts to rural health care providers to access modern telecommunications for medical and health maintenance purposes. Specifically, in this Second Report and E:\FR\FM\07FER1.SGM 07FER1

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[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Rules and Regulations]
[Pages 6364-6365]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2257]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7865]

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.

Regulatory Flexibility Act

The Administrator has determined that this rule is exempt from the
requirements of the Regulatory Flexibility Act because the National

[[Page 6365]]

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.
Executive Order 12612, Federalism
This rule involves no policies that have federalism implications
under Executive Order 12612, Federalism, October 26, 1987, 3 CFR, 1987
Comp.; p. 252.

Executive Order 12778, Civil Justice Reform

This rule meets the applicable standards of section 2(b)(2) of
Executive Order 12778, October 25, 1991, 56 FR 55195, 3 CFR, 1991
Comp.; p. 309.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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.

Sec. 64.6 [Amended]

0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:

----------------------------------------------------------------------------------------------------------------
Effective date
authorization/ Date certain Federal
Community cancellation of Current effective map assistance no longer
State and location No. sale of flood date available in special
insurance in flood hazard areas
community
----------------------------------------------------------------------------------------------------------------
Region VII

Kansas:
Manhattan, City of, Riley 200300 January 3, 1974, Feb. 4, 2005.......... Feb. 4, 2005.
County and Pottawattamie Emerg; April 1,
County. 1982, Reg;
February 4,
2005, Susp.
Odgen, City of, Riley County... 200301 June 26, 1975, ......do.............. Do.
Emerg; October
15, 1981, Reg;
February 4,
2005, Susp.
Riley County, Unincorporated 200298 June 23, 1975, ......do.............. Do.
Areas. Emerg; April 1,
1982, Reg;
February 4,
2005, Susp.
Nebraska: Battle Creek, Madison 310145 March 7, 1975, ......do.............. Do.
County. Emerg; September
30, 1987, Reg;
February 4,
2005, Susp.
Madison County, Unincorporated 310455 July 25, 1977, ......do.............. Do.
Areas. Emerg; January
1, 1987, Reg;
February 4,
2005, Susp.
----------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: February 1, 2005.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-2257 Filed 2-4-05; 8:45 am]
BILLING CODE 9110-12-P

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