Suspension of Community Eligibility, 45122-45126 [E9-21024]

Download as PDF 45122 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations expenditure, we do discuss the effects of this rule elsewhere in this preamble. Taking of Private Property This rule will not affect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Civil Justice Reform This rule meets applicable standards in sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. Protection of Children We have analyzed this rule under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and does not create an environmental risk to health or risk to safety that may disproportionately affect children. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. Energy Effects We have analyzed this rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321–4370f), and have concluded this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. ■ For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS during revetment operations. A mooring barge and spar barge will be perpendicular to the shore, and a work barge with a supply barge will be parallel to the shore and tied off to the mooring barge. The work barge utilizes large cranes in conjunction with bulldozers on the river bank to lay the mat. A Broadcast Notice to Mariners will be used by the Captain of the Port (COTP) Lower Mississippi River to identify specific locations of the USACE M/V and revetment locations. (b) Effective dates. This section is effective from 6 a.m. on July 4, 2009, until 6 p.m. on November 1, 2009, or until the USACE revetment work is complete. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone by vessels or mariners is prohibited unless authorized by the COTP Lower Mississippi River or a designated representative. (2) Persons or vessels requiring entry into or passage through must request permission from the COTP Lower Mississippi River or a designated representative. They may be contacted on VHF–FM Channel 16, or by telephone at (866) 777–2784. (3) All persons and vessels shall comply with the instructions of the COTP Lower Mississippi River and designated personnel. ‘‘Designated personnel’’ include commissioned, warrant, and petty officers of the U.S. Coast Guard. Dated: July 28, 2009. M.S. Gardiner, Captain, U.S. Coast Guard, Captain of the Port Lower Mississippi River. [FR Doc. E9–21022 Filed 8–31–09; 8:45 am] BILLING CODE 4910–15–P 1. The authority citation for part 165 continues to read as follows: DEPARTMENT OF HOMELAND SECURITY Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Federal Emergency Management Agency ■ 2. Add new temporary § 165.T08– 0561 to read as follows: [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8089] § 165.T08–0561 Safety Zone; Lower Mississippi River, USACE Revetment, Mile Marker 869 to 303. Suspension of Community Eligibility Technical Standards mstockstill on DSKH9S0YB1PROD with RULES ■ The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these (a) Location. The following area is a safety zone: 0.5 mile downriver and 0.5 mile upriver from the 2009 U.S. Army Corps of Engineers (USACE) revetment work throughout the Lower Mississippi River, beginning at mile marker 869.0 and ending at mile marker 303.0, extending the entire width of the river VerDate Nov<24>2008 17:57 Aug 31, 2009 Jkt 217001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 44 CFR Part 64 AGENCY: Federal Emergency Management Agency, DHS. 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 E:\FR\FM\01SER1.SGM 01SER1 45123 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations 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. 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 for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 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 that 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 Community No. State and location mstockstill on DSKH9S0YB1PROD with RULES 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, FEMA has 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 FEMA’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 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that 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 Region III Virginia: Frederick County, Unincorporated Areas. Middletown, Town of, Frederick County 510063 Norfolk, City of, Independent City County. 510104 VerDate Nov<24>2008 16:24 Aug 31, 2009 Jkt 217001 PO 00000 510274 Frm 00031 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 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. 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: ■ Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Current effective map date November 5, 1973, Emerg; July 17, 1978, Reg; September 2, 2009, Susp. February 24, 1975, Emerg; August 3, 1984, Reg; September 2, 2009, Susp. August 15, 1973, Emerg; August 1, 1979, Reg; September 2, 2009, Susp. Sept. 2, 2009 .... Sept. 2, 2009 ......do* .............. Do. ......do ............... Do. Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1 45124 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations Community No. State and location 510064 Hardy County, Unincorporated Areas ... 540051 Moorefield, Town of, Hardy County ...... 540052 Petersburg, Town of, Grant County ...... 540039 Wardensville, Town of, Hardy County ... 540245 Region IV Georgia: Arlington, City of, Calhoun, Early County. Brooks County, Unincorporated Areas .. 130026 Calhoun County, Unincorporated Areas 130571 Dawson, City of, Terrell County ............ 130509 Early County, Unincorporated Areas ..... 130499 Edison, City of, Calhoun County ........... 130085 Lee County, Unincorporated Areas ....... 130122 Leesburg, City of, Lee County .............. 130348 North High Shoals, Town of, Oconee County. Oconee County, Unincorporated Areas 130368 Quitman, City of, Brooks County ........... 130015 Reynolds, Town of, Taylor County ........ 130527 Smithville, City of, Lee County .............. 130349 Taylor County, Unincorporated Areas ... 130522 Terrell County, Unincorporated Areas ... 130400 Watkinsville, City of, Oconee County .... 130369 Kentucky: McCreary County, Unincorporated Areas. Monticello, City of, Wayne County ........ 210343 Morganfield, City of, Union County ....... 210216 Shelby County, Unincorporated Areas .. 210209 Shelbyville, City of, Shelby County ....... mstockstill on DSKH9S0YB1PROD with RULES Stephens City, Town of, Frederick County. Winchester, City of, Independent City County. West Virginia: Bayard, Town of, Grant County ............ 210376 Sturgis, City of, Union County ............... 210217 Union County, Unincorporated Areas ... 210301 Uniontown, Town of, Union County ...... 210218 North Carolina: Alleghany Areas. VerDate Nov<24>2008 County, Unincorporated 16:24 Aug 31, 2009 Jkt 217001 PO 00000 510173 540240 130281 130453 210221 370004 Frm 00032 Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Current effective map date June 17, 1975, Emerg; September 10, 1984, Reg; September 2, 2009, Susp. September 6, 1974, Emerg; November 15, 1978, Reg; September 2, 2009, Susp. ......do ............... Do. ......do ............... Do. October 3, 1975, Emerg; August 10, 1979, Reg; September 2, 2009, Susp. May 16, 1978, Emerg; June 19, 1985, Reg; September 2, 2009, Susp. May 12, 1975, Emerg; July 1, 1987, Reg; September 2, 2009, Susp. April 18, 1975, Emerg; June 18, 1987, Reg; September 2, 2009, Susp. April 17, 1975, Emerg; August 1, 1987, Reg; September 2, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. November 3, 1975, Emerg; June 3, 1986, Reg; September 2, 2009, Susp. May 3, 1982, Emerg; May 3, 1982, Reg; September 2, 2009, Susp. August 10, 1999, Emerg; NA, Reg; September 2, 2009, Susp. September 27, 1994, Emerg; NA, Reg; September 2, 2009, Susp. February 28, 1991, Emerg; August 2, 1995, Reg; September 2, 2009, Susp. September 14, 2007, Emerg; NA, Reg; September 2, 2009, Susp. May 1, 1975, Emerg; May 15, 1991, Reg; September 2, 2009, Susp. March 3, 1976, Emerg; June 17, 1986, Reg; September 2, 2009, Susp. October 28, 1983, Emerg; September 1, 1986, Reg; September 2, 2009, Susp. October 16, 1975, Emerg; July 17, 1989, Reg; September 2, 2009, Susp. December 26, 1973, Emerg; April 1, 1982, Reg; September 2, 2009, Susp. NA, Emerg; June 19, 2003, Reg; September 2, 2009, Susp. January 18, 1983, Emerg; June 4, 1987, Reg; September 2, 2009, Susp. NA, Emerg; February 13, 1997, Reg; September 2, 2009, Susp. February 13, 1997, Emerg; NA, Reg; September 2, 2009, Susp. March 18, 1976, Emerg; August 19, 1986, Reg; September 2, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. November 19, 1996, Emerg; NA, Reg; September 2, 2009, Susp. July 2, 1975, Emerg; September 18, 1985, Reg; September 2, 2009, Susp. July 23, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp. August 23, 1996, Emerg; September 1, 2001, Reg; September 2, 2009, Susp. June 9, 1997, Emerg; NA, Reg; September 2, 2009, Susp. April 8, 1975, Emerg; September 1, 1986, Reg; September 2, 2009, Susp. December 21, 2005, Emerg; NA, Reg; September 2, 2009, Susp. May 23, 1997, Emerg; April 1, 1998, Reg; September 2, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. December 23, 2002, Emerg; February 1, 2004, Reg; September 2, 2009, Susp. ......do ............... Do. Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1 45125 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations Community No. State and location Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Sparta, Town of, Alleghany County ...... 370005 April 27, 1977, Emerg; July 3, 1986, Reg; September 2, 2009, Susp. ......do ............... Do. Region VI Texas: Bulverde, City of, Comal County ........... 481681 ......do ............... Do. Comal County, Unincorporated Areas .. 485463 ......do ............... Do. New Braunfels, City of, Comal County 485493 NA, Emerg; March 24, 1998, Reg; September 2, 2009, Susp. March 5, 1971, Emerg; November 9, 1973, Reg; September 2, 2009, Susp. December 4, 1970, Emerg; December 1, 1972, Reg; September 2, 2009, Susp. ......do ............... Do. February 24, 1977, Emerg; May 16, 1983, Reg; September 2, 2009, Susp. February 21, 1975, Emerg; February 5, 1986, Reg; September 2, 2009, Susp. May 10, 1976, Emerg; January 14, 1977, Reg; September 2, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. July 1, 1974, Emerg; September 28, Reg; September 2, 2009, Susp. May 16, 1983, Emerg; January 2, Reg; September 2, 2009, Susp. February 5, 1979, Emerg; August 12, Reg; September 2, 2009, Susp. June 1, 1983, Emerg; August 19, Reg; September 2, 2009, Susp. April 5, 1983, Emerg; January 16, Reg; September 2, 2009, Susp. August 12, 1977, Emerg; March 18, Reg; September 2, 2009, Susp. May 27, 1976, Emerg; September 28, Reg; September 2, 2009, Susp. 1979, ......do ............... Do. 1987, ......do ............... Do. 1980, ......do ............... Do. 1987, ......do ............... Do. 1987, ......do ............... Do. 1986, ......do ............... Do. 1979, ......do ............... Do. January 17, 1980, Emerg; November 19, 1980, Reg; September 2, 2009, Susp. February 9, 1977, Emerg; July 10, 1979, Reg; September 2, 2009, Susp. December 17, 1974, Emerg; August 15, 1980, Reg; September 2, 2009, Susp. February 26, 1997, Emerg; July 1, 1998, Reg; September 2, 2009, Susp. June 27, 1986, Emerg; April 1, 1987, Reg; September 2, 2009, Susp. March 20, 1979, Emerg; August 5, 1986, Reg; September 2, 2009, Susp. May 15, 1975, Emerg; July 5, 1982, Reg; September 2, 2009, Susp. July 28, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp. November 11, 1974, Emerg; September 5, 1979, Reg; September 2, 2009, Susp. June 27, 1975, Emerg; November 15, 1985, Reg; September 2, 2009, Susp. April 12, 1974, Emerg; January 17, 1979, Reg; September 2, 2009, Susp. April 3, 1978, Emerg; July 16, 1980, Reg; September 2, 2009, Susp. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. ......do ............... Do. Region VII Kansas: Great Bend, City of, Barton County ...... 200019 Hoisington, City of, Barton County ........ 200020 Pawnee Rock, City of, Barton County .. 200021 Region VIII North Dakota: Bottineau, City of, Bottineau County ..... 380007 380673 Lansford, City of, Bottineau County ...... 380184 Lansford, Township of, Bottineau County. Newborg, Township of, Bottineau County. Souris, City of, Bottineau County .......... 380675 Willow City, City of, Bottineau County .. 380011 South Dakota: Baltic, Town of, Minnehaha County ...... 460058 Brandon, City of, Minnehaha County .... 460296 Dell Rapids, City of, Minnehaha County 460059 Hanson County, Unincorporated Areas 460270 Hutchinson County, Unincorporated Areas. Lake County, Unincorporated Areas ..... 460041 Madison, City of, Lake County .............. 460044 Menno, City of, Hutchinson County ...... 460199 Minnehaha County, Unincorporated Areas. Parkston, City of, Hutchinson County ... 460057 Sioux Falls, City of, Minnehaha County 460060 Valley Springs, City of, Minnehaha County. mstockstill on DSKH9S0YB1PROD with RULES Haram, Township of, Bottineau County 460221 380668 380010 460276 460042 *......do = Ditto. VerDate Nov<24>2008 16:24 Aug 31, 2009 Jkt 217001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\01SER1.SGM 01SER1 45126 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Rules and Regulations Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: August 24, 2009. Deborah Ingram, Acting Deputy Assistant Administrator for Mitigation, Mitigation Directorate, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. E9–21024 Filed 8–31–09; 8:45 am] BILLING CODE 9110–12–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 09–1828; MB Docket No. 09–118; RM– 11545] Television Broadcasting Services; Ann Arbor, Michigan Federal Communications Commission. ACTION: Final rule. mstockstill on DSKH9S0YB1PROD with RULES AGENCY: 16:24 Aug 31, 2009 Jkt 217001 List of Subjects in 47 CFR Part 73 Television, Television broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: ■ SUMMARY: The Commission grants a petition for rulemaking filed by ION Media Licensee Company, LLC, DebtorIn-Possession (‘‘ION’’), the licensee of WPXD–TV, digital channel 31, Ann Arbor, Michigan. ION requests the substitution of digital channel 50 for digital channel 31 at Ann Arbor. DATES: This rule is effective September 1, 2009. FOR FURTHER INFORMATION CONTACT: Adrienne Y. Denysyk, Media Bureau, (202) 418–1600. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report and Order, MB Docket No. 09–118, adopted August 12, 2009, and released August 18, 2009. The full text of this document is available for public inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 12th Street, SW., Washington, DC 20554. This document will also be available via ECFS (http:// www.fcc.gov/cgb/ecfs/). (Documents will be available electronically in ASCII, Word 97, and/or Adobe Acrobat.) This document may be purchased from the Commission’s duplicating contractor, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1–800–478–3160 or via e-mail http:// www.BCPIWEB.com. To request this document in accessible formats (computer diskettes, large print, audio recording, and Braille), send an e-mail to fcc504@fcc.gov or call the Commission’s Consumer and Governmental Affairs Bureau at (202) VerDate Nov<24>2008 418–0530 (voice), (202) 418–0432 (TTY). This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104–13. In addition, therefore, it does not contain any information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional review Act, see 5 U.S.C. 801(a)(1)(A). PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.622 [Amended] 2. Section 73.622(i), the PostTransition Table of DTV Allotments under Michigan, is amended by adding DTV channel 50 and removing DTV channel 31 at Ann Arbor. ■ Federal Communications Commission. Clay C. Pendarvis, Associate Chief, Video Division, Media Bureau. [FR Doc. E9–21050 Filed 8–31–09; 8:45 am] BILLING CODE 6712–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 74 [MB Docket No. 07–172; FCC 09–59] Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations AGENCY: Federal Communications Commission. ACTION: Final rule. SUMMARY: The FCC amended its FM translator rules to allow AM stations to use currently authorized FM translators for ‘‘fill-in’’ service within their current coverage areas, to help them provide a PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 listenable signal to their listeners and better serve their local communities. DATES: Effective October 1, 2009, except for 47 CFR 74.1284, which affects information collection requirements that are not effective until approved by the Office of Management and Budget (OMB). The FCC will publish a document in the Federal Register announcing the effective date for that section. ADDRESSES: Federal Communications Commission, 445 12th Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Tom Hutton (legal issues) or James Bradshaw (engineering issues), Media Bureau, Federal Communications Commission, (202) 418–2700. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Report and Order (Order) in MB Docket No. 07– 172, FCC 09–59, adopted and released June 29, 2009, Amendment of Service and Eligibility Rules for FM Broadcast Translator Stations. Previously, FM translators were only authorized to rebroadcast FM radio stations and other FM translator stations. The rule changes in the Order allow FM translators to rebroadcast AM radio stations within those stations’ current coverage areas. In addition, AM stations with daytimeonly facilities will be allowed to originate programming on such FM translators during periods when the AM stations are not operating. These changes are intended to help AM stations provide a listenable signal throughout their current coverage areas and better serve the listening public. Synopsis of Order 1. The Order describes several limitations and competitive challenges that AM stations face. The emergence of higher fidelity sources of audio programming, including FM broadcasts, satellite radio, personal media players and podcasts and audio streams provided through the Internet, has eroded the audience for AM stations, particularly among younger age groups. Sources of man-made interference have multiplied, creating a higher level of interference to AM signals at all hours. Skywave interference creates even greater problems starting before sunset and continuing after sunrise. Although the Commission has undertaken AM improvement efforts in the past, those efforts have not overcome the fundamental problems of AM radio and the erosion of the AM radio audience has increased to a point not previously experienced. The Order finds that the record in this proceeding clearly indicates a strong need and desire by E:\FR\FM\01SER1.SGM 01SER1

Agencies

[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Rules and Regulations]
[Pages 45122-45126]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21024]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8089]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

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

[[Page 45123]]

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.

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 for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 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 that 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.
    In addition, FEMA has 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 FEMA'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 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that 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 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 
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 III
 
Virginia:
    Frederick County,                 510063  November 5, 1973,   Sept. 2, 2009.........  Sept. 2, 2009
     Unincorporated Areas.                     Emerg; July 17,
                                               1978, Reg;
                                               September 2,
                                               2009, Susp.
    Middletown, Town of,              510274  February 24, 1975,  ......do*.............   Do.
     Frederick County.                         Emerg; August 3,
                                               1984, Reg;
                                               September 2,
                                               2009, Susp.
    Norfolk, City of,                 510104  August 15, 1973,    ......do..............   Do.
     Independent City County.                  Emerg; August 1,
                                               1979, Reg;
                                               September 2,
                                               2009, Susp.

[[Page 45124]]

 
    Stephens City, Town of,           510064  June 17, 1975,      ......do..............   Do.
     Frederick County.                         Emerg; September
                                               10, 1984, Reg;
                                               September 2,
                                               2009, Susp.
    Winchester, City of,              510173  September 6, 1974,  ......do..............   Do.
     Independent City County.                  Emerg; November
                                               15, 1978, Reg;
                                               September 2,
                                               2009, Susp.
West Virginia:
    Bayard, Town of, Grant            540240  October 3, 1975,    ......do..............   Do.
     County.                                   Emerg; August 10,
                                               1979, Reg;
                                               September 2,
                                               2009, Susp.
    Hardy County,                     540051  May 16, 1978,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 19,
                                               1985, Reg;
                                               September 2,
                                               2009, Susp.
    Moorefield, Town of, Hardy        540052  May 12, 1975,       ......do..............   Do.
     County.                                   Emerg; July 1,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Petersburg, Town of, Grant        540039  April 18, 1975,     ......do..............   Do.
     County.                                   Emerg; June 18,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Wardensville, Town of,            540245  April 17, 1975,     ......do..............   Do.
     Hardy County.                             Emerg; August 1,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
 
           Region IV
 
Georgia:
    Arlington, City of,               130026  November 3, 1975,   ......do..............   Do.
     Calhoun, Early County.                    Emerg; June 3,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    Brooks County,                    130281  May 3, 1982,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 3,
                                               1982, Reg;
                                               September 2,
                                               2009, Susp.
    Calhoun County,                   130571  August 10, 1999,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Dawson, City of, Terrell          130509  September 27,       ......do..............   Do.
     County.                                   1994, Emerg; NA,
                                               Reg; September 2,
                                               2009, Susp.
    Early County,                     130499  February 28, 1991,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 2,
                                               1995, Reg;
                                               September 2,
                                               2009, Susp.
    Edison, City of, Calhoun          130085  September 14,       ......do..............   Do.
     County.                                   2007, Emerg; NA,
                                               Reg; September 2,
                                               2009, Susp.
    Lee County, Unincorporated        130122  May 1, 1975,        ......do..............   Do.
     Areas.                                    Emerg; May 15,
                                               1991, Reg;
                                               September 2,
                                               2009, Susp.
    Leesburg, City of, Lee            130348  March 3, 1976,      ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    North High Shoals, Town           130368  October 28, 1983,   ......do..............   Do.
     of, Oconee County.                        Emerg; September
                                               1, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Oconee County,                    130453  October 16, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 17,
                                               1989, Reg;
                                               September 2,
                                               2009, Susp.
    Quitman, City of, Brooks          130015  December 26, 1973,  ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1982, Reg;
                                               September 2,
                                               2009, Susp.
    Reynolds, Town of, Taylor         130527  NA, Emerg; June     ......do..............   Do.
     County.                                   19, 2003, Reg;
                                               September 2,
                                               2009, Susp.
    Smithville, City of, Lee          130349  January 18, 1983,   ......do..............   Do.
     County.                                   Emerg; June 4,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Taylor County,                    130522  NA, Emerg;          ......do..............   Do.
     Unincorporated Areas.                     February 13,
                                               1997, Reg;
                                               September 2,
                                               2009, Susp.
    Terrell County,                   130400  February 13, 1997,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Watkinsville, City of,            130369  March 18, 1976,     ......do..............   Do.
     Oconee County.                            Emerg; August 19,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
Kentucky:
    McCreary County,                  210343  November 19, 1996,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Monticello, City of, Wayne        210221  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               September 2,
                                               2009, Susp.
    Morganfield, City of,             210216  July 23, 1975,      ......do..............   Do.
     Union County.                             Emerg; September
                                               1, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Shelby County,                    210209  August 23, 1996,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               1, 2001, Reg;
                                               September 2,
                                               2009, Susp.
    Shelbyville, City of,             210376  June 9, 1997,       ......do..............   Do.
     Shelby County.                            Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Sturgis, City of, Union           210217  April 8, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Union County,                     210301  December 21, 2005,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; NA, Reg;
                                               September 2,
                                               2009, Susp.
    Uniontown, Town of, Union         210218  May 23, 1997,       ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1998, Reg;
                                               September 2,
                                               2009, Susp.
North Carolina:
    Alleghany County,                 370004  December 23, 2002,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               1, 2004, Reg;
                                               September 2,
                                               2009, Susp.

[[Page 45125]]

 
    Sparta, Town of, Alleghany        370005  April 27, 1977,     ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
 
           Region VI
 
Texas:
    Bulverde, City of, Comal          481681  NA, Emerg; March    ......do..............   Do.
     County.                                   24, 1998, Reg;
                                               September 2,
                                               2009, Susp.
    Comal County,                     485463  March 5, 1971,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               9, 1973, Reg;
                                               September 2,
                                               2009, Susp.
    New Braunfels, City of,           485493  December 4, 1970,   ......do..............   Do.
     Comal County.                             Emerg; December
                                               1, 1972, Reg;
                                               September 2,
                                               2009, Susp.
 
          Region VII
 
Kansas:
    Great Bend, City of,              200019  February 24, 1977,  ......do..............   Do.
     Barton County.                            Emerg; May 16,
                                               1983, Reg;
                                               September 2,
                                               2009, Susp.
    Hoisington, City of,              200020  February 21, 1975,  ......do..............   Do.
     Barton County.                            Emerg; February
                                               5, 1986, Reg;
                                               September 2,
                                               2009, Susp.
    Pawnee Rock, City of,             200021  May 10, 1976,       ......do..............   Do.
     Barton County.                            Emerg; January
                                               14, 1977, Reg;
                                               September 2,
                                               2009, Susp.
 
          Region VIII
 
North Dakota:
    Bottineau, City of,               380007  July 1, 1974,       ......do..............   Do.
     Bottineau County.                         Emerg; September
                                               28, 1979, Reg;
                                               September 2,
                                               2009, Susp.
    Haram, Township of,               380673  May 16, 1983,       ......do..............   Do.
     Bottineau County.                         Emerg; January 2,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Lansford, City of,                380184  February 5, 1979,   ......do..............   Do.
     Bottineau County.                         Emerg; August 12,
                                               1980, Reg;
                                               September 2,
                                               2009, Susp.
    Lansford, Township of,            380675  June 1, 1983,       ......do..............   Do.
     Bottineau County.                         Emerg; August 19,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Newborg, Township of,             380668  April 5, 1983,      ......do..............   Do.
     Bottineau County.                         Emerg; January
                                               16, 1987, Reg;
                                               September 2,
                                               2009, Susp.
    Souris, City of, Bottineau        380010  August 12, 1977,    ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    Willow City, City of,             380011  May 27, 1976,       ......do..............   Do.
     Bottineau County.                         Emerg; September
                                               28, 1979, Reg;
                                               September 2,
                                               2009, Susp.
South Dakota:
    Baltic, Town of, Minnehaha        460058  January 17, 1980,   ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               September 2,
                                               2009, Susp.
    Brandon, City of,                 460296  February 9, 1977,   ......do..............   Do.
     Minnehaha County.                         Emerg; July 10,
                                               1979, Reg;
                                               September 2,
                                               2009, Susp.
    Dell Rapids, City of,             460059  December 17, 1974,  ......do..............   Do.
     Minnehaha County.                         Emerg; August 15,
                                               1980, Reg;
                                               September 2,
                                               2009, Susp.
    Hanson County,                    460270  February 26, 1997,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 1,
                                               1998, Reg;
                                               September 2,
                                               2009, Susp.
    Hutchinson County,                460041  June 27, 1986,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1987, Reg;
                                               September 2,
                                               2009, Susp.
    Lake County,                      460276  March 20, 1979,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               1986, Reg;
                                               September 2,
                                               2009, Susp.
    Madison, City of, Lake            460044  May 15, 1975,       ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1982, Reg;
                                               September 2,
                                               2009, Susp.
    Menno, City of, Hutchinson        460199  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               15, 1985, Reg;
                                               September 2,
                                               2009, Susp.
    Minnehaha County,                 460057  November 11, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               5, 1979, Reg;
                                               September 2,
                                               2009, Susp.
    Parkston, City of,                460042  June 27, 1975,      ......do..............   Do.
     Hutchinson County.                        Emerg; November
                                               15, 1985, Reg;
                                               September 2,
                                               2009, Susp.
    Sioux Falls, City of,             460060  April 12, 1974,     ......do..............   Do.
     Minnehaha County.                         Emerg; January
                                               17, 1979, Reg;
                                               September 2,
                                               2009, Susp.
    Valley Springs, City of,          460221  April 3, 1978,      ......do..............   Do.
     Minnehaha County.                         Emerg; July 16,
                                               1980, Reg;
                                               September 2,
                                               2009, Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.


[[Page 45126]]

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; 
Susp.--Suspension.

    Dated: August 24, 2009.
Deborah Ingram,
Acting Deputy Assistant Administrator for Mitigation, Mitigation 
Directorate, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. E9-21024 Filed 8-31-09; 8:45 am]
BILLING CODE 9110-12-P