Suspension of Community Eligibility, 41347-41348 [05-14122]
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Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–7885]
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,
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
VerDate jul<14>2003
13:11 Jul 18, 2005
Jkt 205001
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
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
41347
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.
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
E:\FR\FM\19JYR1.SGM
19JYR1
41348
Federal Register / Vol. 70, No. 137 / Tuesday, July 19, 2005 / Rules and Regulations
Community
No.
September 17, 1985, Emerg; September 1,
1987, Reg; July 19, 2005, Susp.
September 10, 1990, Emerg; February 3,
1993, Reg; July 19, 2005, Susp.
07/19/2005 ...
07/19/2005
......do ...........
Do.
380149
Region VIII:
North Dakota: Bismarck, City of, Burleigh
County.
Current effective map date
400538
Region VI:
Oklahoma: Grady County, Unincorporated
Areas.
McClain County, Unincorporated Areas .....
Effective date authorization/cancellation of sale
of flood insurance in a community
400483
State and location
Date certain
Federal assistance no
longer available in special flood hazard areas
February 14, 1975, Emerg; September 18,
1985, Reg; July 19, 2005, Susp.
......do ...........
Do.
* Do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: July 12, 2005.
Michael Buckley,
Acting Mitigation Division Deputy Director,
Emergency Preparedness and Response
Directorate.
[FR Doc. 05–14122 Filed 7–18–05; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 040804229–4300–02; I.D.
071305B]
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Prohibition of
the use of Regular B Days-at-Sea in the
Georges Bank Cod Stock Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
SUMMARY: NMFS announces that the
Administrator, Northeast Region, NMFS
(Regional Administrator), has projected
that 100 percent of the quarterly
incidental total allowable catch (TAC) of
Georges Bank (GB) cod specified to be
harvested under the Regular B Days-atSea (DAS) Pilot Program will be
harvested by July 18, 2005. Therefore,
the use of Regular B DAS under the
Regular B DAS Pilot Program is
prohibited throughout the GB cod stock
area through the end of the current
quarter (see the DATES and
SUPPLEMENTARY INFORMATION sections of
this rule for further details). The
intended effect of this action is to
prevent over-harvesting the incidental
catch TAC of GB cod under the Regular
VerDate jul<14>2003
13:59 Jul 18, 2005
Jkt 205001
B DAS Pilot Program during the current
quarter, in accordance with the
Magnuson-Stevens Fishery
Conservation and Management Act.
DATES: Effective 0001 hr local time, July
18, 2005, through 2400 hr local time,
July 31, 2005. (See requirements under
SUPPLEMENTARY INFORMATION for
additional details).
FOR FURTHER INFORMATION CONTACT:
Douglas W. Christel, Fishery Policy
Analyst, phone (978) 281–9141, fax
(978) 281–9135.
SUPPLEMENTARY INFORMATION: The
Regular B DAS Pilot Program, including
quarterly incidental catch TAC’s for
species of concern, was implemented
under Framework Adjustment 40–A (69
FR 67780, November 19, 2004) to the NE
Multispecies FMP. Regulations
governing the Regular B DAS Pilot
Program are found at 50 CFR
648.85(b)(6). These regulations
authorize vessels issued a valid limited
access NE multispecies DAS permit and
allocated Regular B DAS to use a NE
multispecies Regular B DAS throughout
the NE multispecies regulated mesh
areas outside of approved Special
Access Programs under the conditions
of the Regular B DAS Pilot Program. For
the GB cod stock, the quarterly TAC was
specified at 32.01 mt. According to the
regulations at § 648.85(b)(6)(iv)(G), once
the Regional Administrator projects that
100 percent of one or more of the
quarterly incidental catch TAC’s have
been harvested, the use of Regular B
DAS under the Regular B DAS Pilot
Program shall be prohibited for the
pertinent stock area(s) for the duration
of the quarter. The closure of a stock
area will occur even if the incidental
catch TAC’s for other stocks in that
stock area have not been completely
harvested.
Based upon Vessel Monitoring System
(VMS) reports and other available
information, the Regional Administrator
has determined that 100 percent of the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
32.01–mt quarterly incidental catch
TAC for GB cod will be harvested by
July 18, 2005. Therefore, effective July
18, 2005, the use of Regular B DAS
under the Regular B DAS Pilot Program
in the GB Cod Stock Area, as defined at
§ 648.85(b)(6)(v)(B), is prohibited
through the end of the current quarter
on July 31, 2005. A NE multispecies
DAS vessel that has already declared its
intent to fish in the GB Cod Stock Area
under the Regular B DAS Pilot Program
through VMS, departed on a trip, and
crossed the VMS demarcation line prior
to the effective date of this action must
either complete its trip under a Regular
B DAS by crossing the VMS
demarcation line on its return to port, or
flip to fishing under a Category A DAS,
before 0000 hours local time on July 18,
2005. Beginning August 1, 2005, NE
multispecies DAS vessels may once
again fish under the Regular B DAS
Pilot Program within the GB Cod Stock
Area.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator finds good
cause to waive prior notice and
opportunity for public comment for this
action because any delay of this action
would be impracticable and contrary to
the public interest. The regulations at
§ 648.85(b)(6)(iv)(G) require the
Regional Administrator to prohibit the
use of Regular B DAS in a particular
stock area once 100 percent of the
incidental catch TAC for that species is
projected to be harvested. Accordingly,
the action being taken by this temporary
rule is non-discretionary. This action
prohibits the use of Regular B DAS in
the GB cod stock area for the remainder
of the current quarter (i.e., through July
31, 2005) to prevent exceeding the
quarterly incidental catch TAC for GB
E:\FR\FM\19JYR1.SGM
19JYR1
]]>Agencies
[Federal Register Volume 70, Number 137 (Tuesday, July 19, 2005)]
[Rules and Regulations]
[Pages 41347-41348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14122]
[[Page 41347]]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-7885]
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
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:
[[Page 41348]]
----------------------------------------------------------------------------------------------------------------
Effective date Date certain
authorization/ Federal assistance
State and location Community cancellation of sale of Current effective no longer available
No. flood insurance in a map date in special flood
community hazard areas
----------------------------------------------------------------------------------------------------------------
Region VI:
Oklahoma: Grady County, 400483 September 17, 1985, 07/19/2005......... 07/19/2005
Unincorporated Areas. Emerg; September 1,
1987, Reg; July 19,
2005, Susp.
McClain County, 400538 September 10, 1990, ......do........... Do.
Unincorporated Areas. Emerg; February 3,
1993, Reg; July 19,
2005, Susp.
Region VIII:
North Dakota: Bismarck, City 380149 February 14, 1975, ......do........... Do.
of, Burleigh County. Emerg; September 18,
1985, Reg; July 19,
2005, Susp.
----------------------------------------------------------------------------------------------------------------
* Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 12, 2005.
Michael Buckley,
Acting Mitigation Division Deputy Director, Emergency Preparedness and
Response Directorate.
[FR Doc. 05-14122 Filed 7-18-05; 8:45 am]
BILLING CODE 9110-12-P
