Suspension of Community Eligibility, 48481-48482 [05-16381]

Download as PDF Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations Under figure 2–1, paragraph (34)(h), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 100 Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows: PART 100—SAFETY OF LIFE ON NAVIGABLE WATERS to exceed six (6) knots necessary to maintain a safe course that reduces wake near the race course. (d) Enforcement period. This section will be enforced from 11:30 a.m. to 6:30 p.m. on September 3 and 4, 2005. If the races are postponed due to weather, then the temporary special local regulations will be enforced during the same time period on September 5, 2005. Dated: August 5, 2005. L.L. Hereth, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 05–16415 Filed 8–17–05; 8:45 am] BILLING CODE 4910–15–P 1. The authority citation for part 100 continues to read as follows: I Authority: 33 U.S.C. 1233, Department of Homeland Security Delegation No. 0170.1. DEPARTMENT OF HOMELAND SECURITY 2. Add a temporary section, § 100.35– T05–091 to read as follows: Federal Emergency Management Agency § 100.35–T05–091 Susquehanna River, Port Deposit, Maryland. 44 CFR Part 64 I (a) Regulated area. The regulated area is established for the waters of the Susquehanna River, adjacent to Port Deposit, Maryland, from shoreline to shoreline, bounded on the south by the U.S. I–95 fixed highway bridge, and bounded on the north by a line running southwesterly from a point along the shoreline at latitude 39°36′22″ N, longitude 076°07′08″ W, thence to latitude 39°36′00″ N, longitude 076°07′46″ W. All coordinates reference Datum NAD 1983. (b) Definitions. (1) Coast Guard Patrol Commander means a commissioned, warrant, or petty officer of the Coast Guard who has been designated by the Commander, Coast Guard Sector Baltimore. (2) Official Patrol means any vessel assigned or approved by Commander, Coast Guard Sector Baltimore with a commissioned, warrant, or petty officer on board and displaying a Coast Guard ensign. (c) Special local regulations. (1) Except for persons or vessels authorized by the Coast Guard Patrol Commander, no person or vessel may enter or remain in the regulated area. (2) The operator of any vessel in the regulated area must stop the vessel immediately when directed to do so by any Official Patrol. (3) All persons and vessels must comply with the instructions of the Official Patrol. The operator of a vessel in the regulated area shall stop the vessel immediately when instructed to do so by the Official Patrol and then proceed as directed. When authorized to transit the regulated area, all vessels shall proceed at a minimum speed not VerDate jul<14>2003 09:27 Aug 17, 2005 Jkt 205001 [Docket No. FEMA–7889] 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. PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 48481 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\18AUR1.SGM 18AUR1 48482 Federal Register / Vol. 70, No. 159 / Thursday, August 18, 2005 / Rules and Regulations 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 State and location 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 Community No. Region VII Nebraska: Bristow, Village of, Boyd County. Creighton, City of, Knox County. Crofton, City of, Knox County 310012 310360 310361 Lynch, Village of, Boyd County. Niobrara, Village of, Knox County. Spencer, Village of, Boyd County. Verdigre, Village of, Knox County. 310013 310132 310399 310133 the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 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 Current effective map date Effective date authorization/cancellation of sale of flood insurance in community January 13, 1976, Emerg; June 3, 1986, Reg; August 18, 2005, Susp. June 6, 1996, Emerg; September 1, 1996, Reg; August 18, 2005, Susp. July 9, 1976, Emerg; September 1, 1986, Reg; August 18, 2005, Susp. November 21, 1975, Emerg; June 15, 1988, Reg; August 18, 2005, Susp. July 25, 1974, Emerg; August 19, 1986, Reg; August 18, 2005, Susp. July 9, 1976, Emerg; September 24, 1984, Reg; August 18, 2005, Susp. May 16, 1975, Emerg; September 1, 1986, Reg; August 18, 2005, Susp. Date certain Federal assistance no longer available in special flood hazard areas 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 08/18/05 Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: August 11, 2005. Michael K. Buckley, Acting Deputy Director, Mitigation Division, Emergency Preparedness and Response Directorate. [FR Doc. 05–16381 Filed 8–17–05; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AJ08 Endangered and Threatened Wildlife and Plants; Removal of Helianthus eggertii (Eggert’s Sunflower) From the Federal List of Endangered and Threatened Plants Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), are removing the plant Helianthus eggertii (Eggert’s VerDate jul<14>2003 09:27 Aug 17, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 sunflower) from the List of Endangered and Threatened Plants pursuant to the Endangered Species Act of 1973, as amended (Act), because recovery actions have secured a number of populations and identified additional populations not previously known. Therefore, the threatened designation no longer correctly reflects the current status of this plant. This action is based on a review of all available data, which indicate that the species is now protected on Federal, State, and county lands; is more widespread and abundant than was documented at the time of listing; and is more resilient and less vulnerable to certain activities than previously thought. Due to the recent development of a management plan for E:\FR\FM\18AUR1.SGM 18AUR1

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[Federal Register Volume 70, Number 159 (Thursday, August 18, 2005)]
[Rules and Regulations]
[Pages 48481-48482]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16381]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket No. FEMA-7889]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Final rule.

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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

[[Page 48482]]

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.

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:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           Date certain
                                                                                                                                              Federal
                                                                                                                              Current      assistance no
              State and location               Community  No.    Effective date authorization/cancellation of  sale of     effective map      longer
                                                                              flood insurance in community                     date        available in
                                                                                                                                          special  flood
                                                                                                                                           hazard areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                  Region VII
Nebraska: Bristow, Village of, Boyd County...          310012  January 13, 1976, Emerg; June 3, 1986, Reg; August 18,           08/18/05        08/18/05
                                                                2005, Susp.
Creighton, City of, Knox County..............          310360  June 6, 1996, Emerg; September 1, 1996, Reg; August 18,          08/18/05        08/18/05
                                                                2005, Susp.
Crofton, City of, Knox County................          310361  July 9, 1976, Emerg; September 1, 1986, Reg; August 18,          08/18/05        08/18/05
                                                                2005, Susp.
Lynch, Village of, Boyd County...............          310013  November 21, 1975, Emerg; June 15, 1988, Reg; August 18,         08/18/05        08/18/05
                                                                2005, Susp.
Niobrara, Village of, Knox County............          310132  July 25, 1974, Emerg; August 19, 1986, Reg; August 18,           08/18/05        08/18/05
                                                                2005, Susp.
Spencer, Village of, Boyd County.............          310399  July 9, 1976, Emerg; September 24, 1984, Reg; August 18,         08/18/05        08/18/05
                                                                2005, Susp.
Verdigre, Village of, Knox County............          310133  May 16, 1975, Emerg; September 1, 1986, Reg; August 18,          08/18/05       08/18/05
                                                                2005, Susp.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 11, 2005.
Michael K. Buckley,
Acting Deputy Director, Mitigation Division, Emergency Preparedness and 
Response Directorate.
[FR Doc. 05-16381 Filed 8-17-05; 8:45 am]
BILLING CODE 9110-12-P
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