Suspension of Community Eligibility, 38038-38040 [05-12992]
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38038
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
List of Subjects
§ 52.2470
40 CFR Part 52
*
Identification of plan.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Particulate matter, Reporting and
recordkeeping requirements.
40 CFR Part 81
Environmental protection, Air
pollution control, National parks,
Wilderness areas.
Dated: June 17, 2005.
Daniel D. Opalski,
Acting Regional Administrator, Region 10.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
I
PART 52—[AMENDED]
1. The authority citation for part 52
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
Subpart WW—Washington
2. Section 52.2470 is amended by
adding paragraph (c)(85) to read as
follows:
I
3. Section 52.2475 is amended by
adding paragraph (e) (3) (i) to read as
follows:
I
*
*
*
*
(c) * * *
(85) On November 15, 2004, the
Washington State Department of
Ecology submitted a PM10 Limited
Maintenance Plan and requested the
redesignation of the Spokane County
PM10 Nonattainment area to attainment
for PM10. The State’s Limited
Maintenance Plan, attainment year
emissions inventory, and the
redesignation request meet the
requirements of the Clean Air Act. EPA
approves the State’s Limited
Maintenance Plan and Moderate Area
Plan requirements for the Spokane
PM10 nonattainment area and request
for redesignation to attainment.
(i) Incorporation by reference.
(A) Spokane County Air Pollution
Control Authority (SCAPCA) orders
#96–03 (modified October 4, 2000),
#96–05 (modified October 4, 2000) and
#96–06 (modified October 19, 2000) to
regulate particulate matter emissions
from the specific emission units of the
Kaiser Aluminum and Chemical
Corporation, Trentwood aluminum
facility.
§ 52.2475
Approval of plans.
(e) * * *
(3) Spokane.
(i) EPA approves as a revision to the
Washington State Implementation Plan,
the Spokane County PM10
Nonattainment Area Limited
Maintenance Plan adopted by the
Spokane Regional Clean Air Authority
on November 17, 2004, and adopted and
submitted by the Washington
Department of Ecology on November 30,
2004.
*
*
*
*
*
PART 81—[AMENDED]
1. The authority citation for part 81
continues to read as follows:
I
Authority: 42 U.S.C. 7401 et seq.
2. In § 81.348, the table entitled
‘‘Washington PM–10’’ is amended by
revising the entry for ‘‘Spokane County’’
to read as follows:
I
§ 81.348
*
Washington.
*
*
*
*
WASHINGTON—PM10
Designation
Classification area
Designated area
Date
*
*
*
*
*
Type
8/30/05
Date
Type
Attainment.
*
*
Spokane County: The area bounded on the south by a line
from
Universal
Transmercator
(UTM)
coordinate
489000mE, 5271000mN west to 458000mE, 5271000mN,
thence north along a line to coordinate 458000mE,
5288000mN, thence east to 463000mE, 5288000mN,
thence north to 463000mE, 5292000mN, thence east to
481000mE, 5292000mN, thence south to 481000mE,
5288000mN, thence east to 489000mE, 5288000mN,
thence south to the beginning coordinate, 489000mE,
5271000mN..
*
*
*
*
*
*
*
[FR Doc. 05–12946 Filed 6–30–05; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7883]
Suspension of Community Eligibility
Federal Emergency
Management Agency, Emergency
AGENCY:
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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
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01JYR1
38039
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
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
Community
No.
State and location
Region V
Indiana:
Beech Grove, City of, Marion County ...
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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.
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 a community
Current effective
map date
Date certain federal assistance
no longer available in special
flood hazard
areas
October 29, 1971, Emerg; May 15, 1984,
Reg; July 5, 2005, Susp.
July 5, 2005 ......
July 5, 2005
Fmt 4700
Sfmt 4700
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01JYR1
38040
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Rules and Regulations
Community
No.
State and location
Date certain federal assistance
no longer available in special
flood hazard
areas
......do ...............
Do.
November 14, 2002, Emerg; July 5, 2005,
Reg; July 5, 2005, Susp.
......do ...............
Do.
310170
Table Rock, Village of, Pawnee County
October 29, 1971, Emerg; May 15, 1984,
Reg; July 5, 2005, Susp.
290788
Region VII
Missouri: Caldwell County, Unincorporated
Areas.
Nebraska:
Pawnee, City of, Pawnee County .........
Current effective
map date
180161
Southport, City of, Marion County .........
Effective date authorization/cancellation of
sale of flood insurance in a community
June 4, 1975, Emerg; August 1, 1986, Reg;
July 5, 2005, Susp.
May 3, 1993, Emerg; June 2, 2003, Reg;
July 5, 2005, Susp.
......do ...............
Do.
......do ...............
Do.
310172
*......do = Ditto
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: June 27, 2005.
David I. Maurstad,
Acting Mitigation Division Director,
Emergency Preparedness and Response
Directorate.
[FR Doc. 05–12992 Filed 6–30–05; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF TRANSPORTATION
Any petitions for reconsideration of
today’s final rule must be received by
NHTSA not later than August 15, 2005.
ADDRESSES: Petitions for reconsideration
should refer to the docket number for
this section and be submitted to:
Administrator, National Highway
Traffic Safety Administration, 400
Seventh Street, SW., Washington, DC
20590.
For
non-legal issues, you may call Mr.
William Evans, Office of Crash
Avoidance Standards at (202) 366–2272.
His FAX number is (202) 366–7002.
For legal issues, you may call Ms.
Dorothy Nakama, Office of the Chief
Counsel at (202) 366–2992. Her FAX
number is (202) 366–3820.
You may send mail to both of these
officials at National Highway Traffic
Safety Administration, 400 Seventh St.,
SW., Washington, DC, 20590.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
National Highway Traffic Safety
Administration
49 CFR Part 571
[DOT Docket No. NHTSA–05–21401]
RIN: 2127–AI43
Federal Motor Vehicle Safety
Standards; Transmission Shift
Position Sequence, Starter Interlock,
and Transmission Braking Effect
National Highway Traffic
Safety Administration (NHTSA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This document amends the
starter interlock requirements of our
safety standard on transmission shift
position sequence, starter interlock, and
transmission braking effect to clarify
how the requirements apply to vehicles
incorporating emerging technologies.
The amendment is intended to facilitate
the development of propulsion systems
that conserve energy and reduce
emissions by stopping the engine
(internal combustion engine) when it is
not needed. It is also intended to
minimize the possibility of crashes in
which a driver has mis-shifted into a
forward or reverse gear and would be
unprepared for the direction of motion
by the vehicle when the engine restarts.
DATES: This final rule becomes effective
December 28, 2005.
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Table of Contents
I. Executive Summary
II. Notice of Proposed Rulemaking (NPRM)
III. Public Comments to the NPRM
IV. Public Comments and NHTSA’s Response
A. Requiring Reverse Creep Force in
Vehicles that Allow the ICE to Stop and
Start Automatically When the Vehicle’s
Shift Position is in Reverse
B. Applicability to Vehicles Over 10,000
Pounds GVWR
C. Specifying a Maximum Throttle
Opening Regardless of Driver Throttle
Input on Idle-Stop Systems During
Automatic ICE Starting
D. Requiring a Manual Override to
Deactivate the Idle-Stop Feature
E. Maximum Time Between Brake Pedal
Release and Propulsion System
Availability
F. Leaving FMVSS No. 102 Unchanged and
Placing New Requirements in a Separate
Standard
G. Use of the Term ‘‘Driver Activation’’
H. ‘‘Shift Position’’ Versus ‘‘Shift Lever
Position’’
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
I. Clarification of When the ICE May Stop
and Start
J. Other Issues Raised in Response to the
NPRM
1. Minimum Creep Force Value of 1.5
Percent of GVWR.
2. Applicability of the Phrase ‘‘Brake Pedal
Released’’ to Air Brakes
3. Requiring Creep Force in Reverse When
the ICE is Both ‘‘On’’ and ‘‘Off’’
4. Use of the Term ‘‘Electric Motor’’ in the
Regulatory Text
5. Use of the Term ‘‘Battery’’ in the
Regulatory Text
V. Final Rule
VI. Statutory Bases for the Final Rule
VII. Effective Date
VIII. Regulatory Analyses and Notices
A. Executive Order 12866; DOT Regulatory
Policies and Procedures
B. Executive Order 13132 (Federalism)
C. Executive Order 13045 (Economically
Significant Rules Affecting Children)
D. Executive Order 12988 (Civil Justice
Reform)
E. Regulatory Flexibility Act
F. National Environmental Policy Act
G. Paperwork Reduction Act
H. National Technology Transfer and
Advancement Act
I. Plain Language
J. Regulation Identifier Number (RIN)
Regulatory Text
I. Executive Summary
The existing starter interlock
requirement of Federal Motor Vehicle
Safety Standard (FMVSS) No. 102 (at
S3.1.3) states ‘‘the engine starter shall be
inoperative when the transmission shift
lever is in a forward or reverse drive
position.’’ The purpose of this
requirement is to prevent injuries and
death from the unexpected motion of a
vehicle when the driver starts the
vehicle with the transmission
inadvertently in a forward or reverse
gear. Two recently introduced vehicles,
the Toyota Prius 1 and the Honda
1 The Prius is an electric motor-powered vehicle
assisted by an internal combustion engine (ICE).
When the propulsion system is activated, the
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]]>Agencies
[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Rules and Regulations]
[Pages 38038-38040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12992]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7883]
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
[[Page 38039]]
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
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 a flood hazard areas
community
----------------------------------------------------------------------------------------------------------------
Region V
Indiana:
Beech Grove, City of, 180158 October 29, 1971, July 5, 2005.......... July 5, 2005
Marion County. Emerg; May 15,
1984, Reg; July
5, 2005, Susp.
[[Page 38040]]
Southport, City of, Marion 180161 October 29, 1971, ......do.............. Do.
County. Emerg; May 15,
1984, Reg; July
5, 2005, Susp.
Region VII
Missouri: Caldwell County, 290788 November 14, ......do.............. Do.
Unincorporated Areas. 2002, Emerg;
July 5, 2005,
Reg; July 5,
2005, Susp.
Nebraska:
Pawnee, City of, Pawnee 310170 June 4, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; July
5, 2005, Susp.
Table Rock, Village of, 310172 May 3, 1993, ......do.............. Do.
Pawnee County. Emerg; June 2,
2003, Reg; July
5, 2005, Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 27, 2005.
David I. Maurstad,
Acting Mitigation Division Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-12992 Filed 6-30-05; 8:45 am]
BILLING CODE 9110-12-P
