Suspension of Community Eligibility, 45122-45126 [E9-21024]
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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
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■
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
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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
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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
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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
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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.
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01SER1
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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 .......
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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.
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510173
540240
130281
130453
210221
370004
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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.
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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.
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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 (https://
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 https://
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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
