Suspension of Community Eligibility, 53748-53750 [E8-21777]
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53748
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
Community
No.
State and location
Region IV
North Carolina:
Albermarle, City of, Stanly County ........
370223
Badin, Town of, Stanly County ..............
370417
Locust, City of, Stanly County ...............
370508
Norwood, Town of, Stanly County ........
370509
Oakboro, Town of, Stanly County .........
370493
Polk County, Unincorporated Areas ......
370194
Stanly County, Unincorporated Areas ...
370361
Tryon, Town of, Polk County .................
370271
Tennessee:
Erwin, City of, Unicoi County ................
470094
Unicoi County, Unincorporated Areas ...
470238
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
March 19, 1974, Emerg; December 1,
1981, Reg; September 3, 2008, Susp.
September 24, 2002, Emerg; September
24, 2002, Reg; September 3, 2008, Susp.
May 29, 2003, Emerg; May 29, 2003, Reg;
September 3, 2008, Susp.
May 17, 2000, Emerg; September 21, 2000,
Reg; September 3, 2008, Susp.
July 9, 1997, Emerg; September 21, 2000,
Reg; September 3, 2008, Susp.
January 15, 1974, Emerg; January 1, 1987,
Reg; September 3, 2008, Susp.
July 12, 1979, Emerg; December 1, 1981,
Reg; September 3, 2008, Susp.
March 5, 1974, Emerg; August 19, 1986,
Reg; September 3, 2008, Susp.
Sept. 3, 2008 ....
April 20, 1978, Emerg; September 5, 1984,
Reg; September 3, 2008, Susp.
December 17, 1979, Emerg; January 3,
1985, Reg; September 3, 2008, Susp.
Date certain
Federal assistance no longer
available in
SFHAs
Sept. 3, 2008.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
*do=Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
Dated: September 8, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–21684 Filed 9–16–08; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket No. FEMA–8041]
Suspension of Community Eligibility
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
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 proving the community
has adopted the required floodplain
management measures prior to the
VerDate Aug<31>2005
16:59 Sep 16, 2008
Jkt 214001
effective suspension date given in this
rule, the suspension will not occur and
a notice will be provided by publication
in the Federal Register on a subsequent
date.
DATES: 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.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or to obtain
additional information, contact David
Stearrett, Federal Emergency
Management Agency, Mitigation
Directorate, 500 C Street, SW.,
Washington, DC 20472, (202) 646–2953.
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 NFIP,
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 the
statutory requirement for compliance
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
with program regulations, 44 CFR part
59. 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.
Previously, FEMA identified the
Special Flood Hazard Areas (SFHAs) 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 identified SFHAs for communities
not participating in the NFIP and
identified for more than a year, on the
FEMA 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
E:\FR\FM\17SER1.SGM
17SER1
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
against certain types of Federal
assistance becomes effective for the
communities listed on the date shown
in the last column. The Administrator
finds the notice and public comment
under 5 U.S.C. 553(b) are impracticable
and unnecessary because the
communities listed in this final rule
have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
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 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
remedial action takes place.
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 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Community
No.
State and location
Region IV
North Carolina:
Davie County, Unincorporated Areas ....
370308
Mocksville, Town of, Davie County .......
370309
Region V
Michigan:
Brighton, City of, Livingston County ......
260783
Fowlerville, Village of, Livingston County.
Genoa, Township of, Livingston County
260439
Green Oak, Township of, Livingston
County.
Hamburg, Township of, Livingston
County.
Handy, Township of, Livingston County
260440
Hartland, Township of, Livingston
County.
Howell, City of, Livingston County ........
260784
260441
Marion, Township of, Livingston County
260846
Putnam, Township of, Livingston County.
260442
260843
260118
260827
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.
Accordingly, 44 CFR part 64 is
amended as follows:
■
PART 64—[AMENDED]
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.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain federal assistance
no longer available in SFHAs
December 23, 1975, Emerg; March 21,
1980, Reg; September 17, 2008, Susp.
August 12, 2002, Emerg;—, Reg; September 17, 2008, Susp.
09/17/2008 .......
09/17/2008.
......do ...............
Do.
December 16, 1986, Emerg; April 5, 1988,
Reg; September 17, 2008, Susp.
August 7, 1975, Emerg; February 19, 1987,
Reg; September 17, 2008, Susp.
July 12, 2007, Emerg;—, Reg; September
17, 2008, Susp.
March 10, 1982, Emerg; October 16, 1984,
Reg; September 17, 2008, Susp.
July 23, 1974, Emerg; February 19, 1986,
Reg; September 17, 2008, Susp.
February 7, 1990, Emerg;—, Reg; September 17, 2008, Susp.
November 25, 1986, Emerg; May 17, 1989,
Reg; September 17, 2008, Susp.
December 8, 1975, Emerg; August 4, 1987,
Reg; September 17, 2008, Susp.
February 29, 2008, Emerg;—, Reg; September 17, 2008, Susp.
December 21, 1978, Emerg; February 6,
1984, Reg; September 17, 2008, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
mstockstill on PROD1PC66 with RULES
*do=Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
VerDate Aug<31>2005
16:59 Sep 16, 2008
Jkt 214001
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53749
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17SER1
53750
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
Dated: September 9, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–21777 Filed 9–16–08; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket No. FEMA–B–1005]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
AGENCY:
SUMMARY: This interim rule lists
communities where modification of the
Base(1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
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
Mitigation Assistant Administrator of
FEMA reconsider the changes. The
modified BFEs may be changed during
the 90-day period.
ADDRESSES: The modified BFEs 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
table below.
FOR FURTHER INFORMATION CONTACT:
William R. Blanton, Jr., Engineering
Management Branch, Mitigation
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3151.
SUPPLEMENTARY INFORMATION: The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or 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 BFEs 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 BFEs, 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 the
other Federal, State, or regional entities.
The changes to BFEs are in accordance
with 44 CFR 65.4.
National Environmental Policy Act.
This interim rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
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 13132, Federalism.
This interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This interim rule meets the
applicable standards of Executive Order
12988.
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:
Location and case
No.
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of
modification
Unincorporated
areas of Cochise
County (06–09–
B939P).
City of Sierra Vista
(06–09–B939P).
July 31, 2008; August 7, 2008;
Sierra Vista Herald.
September 2, 2008 .........
040012
September 2, 2008 .........
040017
Maricopa ...........
City of Glendale
(08–09–1010P).
August 7, 2008; August 14,
2008; The Glendale Star.
December 12, 2008 ........
040045
Pima .................
Unincorporated
areas of Pima
County (08–09–
0454P).
City of Tucson (08–
09–0454P).
August 7, 2008; August 14,
2008; The Daily Territorial.
The Honorable Richard Searle, Chairman,
Cochise County Board of Supervisors,
1415 West Melody Lane, Building G,
Bisbee, AZ 85603.
The Honorable Bob Strain, Mayor, City of
Sierra Vista, 1011 North Coronado
Drive, Sierra Vista, AZ 85635.
The Honorable Elaine M. Scruggs, Mayor,
City of Glendale, 5850 West Glendale
Avenue, Glendale, AZ 85301.
The Honorable Richard Elias, Chairman,
Pima County Board of Supervisors, 130
West Congress, 11th Floor, Tucson, AZ
85701.
The Honorable Bob Walkup, Mayor, City
of Tucson, P.O. Box 27210, Tucson,
AZ 85726.
July 21, 2008 ..................
040073
July 21, 2008 ..................
040076
State and county
Arizona:
Cochise ............
mstockstill on PROD1PC66 with RULES
Cochise ............
Pima .................
VerDate Aug<31>2005
16:59 Sep 16, 2008
July 31, 2008; August 7, 2008;
Sierra Vista Herald.
August 7, 2008; August 14,
2008; The Daily Territorial.
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E:\FR\FM\17SER1.SGM
17SER1
Community
No.
]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53748-53750]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21777]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket No. FEMA-8041]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, 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 proving 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 will be provided by publication in the
Federal Register on a subsequent date.
DATES: 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.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or to obtain
additional information, contact David Stearrett, Federal Emergency
Management Agency, Mitigation Directorate, 500 C Street, SW.,
Washington, DC 20472, (202) 646-2953.
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 NFIP, 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 the statutory requirement for compliance with program regulations,
44 CFR part 59. 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.
Previously, FEMA identified the Special Flood Hazard Areas (SFHAs)
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
identified SFHAs for communities not participating in the NFIP and
identified for more than a year, on the FEMA 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
[[Page 53749]]
against certain types of Federal assistance becomes effective for the
communities listed on the date shown in the last column. The
Administrator finds the notice and public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary because the communities listed in
this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating the community
will be suspended unless the required floodplain management measures
are met prior to the effective suspension date. Since these
notifications were 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 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 remedial action
takes place.
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 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
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:
----------------------------------------------------------------------------------------------------------------
Effective date
authorization/
Community cancellation of Current effective map Date certain federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region IV
North Carolina:
Davie County, 370308 December 23, 09/17/2008............ 09/17/2008.
Unincorporated Areas. 1975, Emerg;
March 21, 1980,
Reg; September
17, 2008, Susp.
Mocksville, Town of, Davie 370309 August 12, 2002, ......do.............. Do.
County. Emerg;--, Reg;
September 17,
2008, Susp.
Region V
Michigan:
Brighton, City of, 260783 December 16, ......do.............. Do.
Livingston County. 1986, Emerg;
April 5, 1988,
Reg; September
17, 2008, Susp.
Fowlerville, Village of, 260439 August 7, 1975, ......do.............. Do.
Livingston County. Emerg; February
19, 1987, Reg;
September 17,
2008, Susp.
Genoa, Township of, 260843 July 12, 2007, ......do.............. Do.
Livingston County. Emerg;--, Reg;
September 17,
2008, Susp.
Green Oak, Township of, 260440 March 10, 1982, ......do.............. Do.
Livingston County. Emerg; October
16, 1984, Reg;
September 17,
2008, Susp.
Hamburg, Township of, 260118 July 23, 1974, ......do.............. Do.
Livingston County. Emerg; February
19, 1986, Reg;
September 17,
2008, Susp.
Handy, Township of, 260827 February 7, 1990, ......do.............. Do.
Livingston County. Emerg;--, Reg;
September 17,
2008, Susp.
Hartland, Township of, 260784 November 25, ......do.............. Do.
Livingston County. 1986, Emerg; May
17, 1989, Reg;
September 17,
2008, Susp.
Howell, City of, Livingston 260441 December 8, 1975, ......do.............. Do.
County. Emerg; August 4,
1987, Reg;
September 17,
2008, Susp.
Marion, Township of, 260846 February 29, ......do.............. Do.
Livingston County. 2008, Emerg;--,
Reg; September
17, 2008, Susp.
Putnam, Township of, 260442 December 21, ......do.............. Do.
Livingston County. 1978, Emerg;
February 6,
1984, Reg;
September 17,
2008, Susp.
----------------------------------------------------------------------------------------------------------------
*do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 53750]]
Dated: September 9, 2008.
David I. Maurstad,
Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. E8-21777 Filed 9-16-08; 8:45 am]
BILLING CODE 9110-12-P
