Suspension of Community Eligibility, 14293-14297 [2011-6058]
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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations
ebenthall on DSK69SOYB1PROD with RULES
Allergenicity. Codex Alimentarius
Commision, 47–60.
3. Ge A, Rivers D, Milne R, Dean DH. 1991.
Functional Domains of Bacillus thuringiensis
Insecticidal Crystal Proteins. Refinement of
Heliothis virescens and Trichoplusiani
Specificity Domains on Cry1A(c). Journal of
Biological Chemistry. 266: 17954–17958.
4. Hofte H, Whitley HR. 1989. Insecticidal
Crystal Proteins of Bacillus thuringiensis.
Microbiology Review. 53: 242–255.
5. Honee G, Convents D, Van Rie J, Jansens
S, Peferoen M, Visser B. 1991. The C–
Terminal Domain of the Toxic Fragment of a
Bacillus thuringiensis Crystal Protein
Determines Receptor Binding. Molecular
Microbiology. 5: 2799–2806.
6. Li J, Carroll J, Ellar DJ. 1991. Crystal
Structure of Insecticidal delta-Endotoxin
from Bacillus thuringiensis at 2.5 A
resolution. Nature. 353: 815–821.
7. Nakamura K, Oshie K, Shimizu M,
Takada Y, Oeda K, Ohkawa H. 1990.
Construction of Chimeric Insecticidal
Proteins Between the 130-kDa and 135-kDa
Proteins of Bacillus thuringiensis subsp.
aizawai for Analysis of Structure-Function
Relationship. Agricultural Biological
Chemistry. 54: 715–724.
8. Sjoblad RD, McClintock JT, Engler R.
1992. Toxicological Considerations for
Protein Components of Biological Pesticide
Products. Regulatory Toxicology and
Pharmacology. 15(1): 3–9.
X. Statutory and Executive Order
Reviews
This final rule modifies a tolerance
exemption under section 408(d) of
FFDCA in response to a petition
submitted to the Agency. The Office of
Management and Budget (OMB) has
exempted these types of actions from
review under Executive Order 12866,
entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993).
Because this final rule has been
exempted from review under Executive
Order 12866, this final rule is not
subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are modified on the basis of a petition
under section 408(d) of FFDCA, such as
the tolerance exemption in this final
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rule, do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or Tribes.
As a result, this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or Tribal governments,
on the relationship between the national
government and the States or Tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled Federalism (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled Consultation and
Coordination with Indian Tribal
Governments (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
XI. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report to each House of
the Congress and to the Comptroller
General of the United States. EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of this final rule in the
Federal Register. This final rule is not
a ‘‘major rule’’ as defined by 5 U.S.C.
804(2).
List of Subjects in 40 CFR Part 174
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
14293
Dated: March 3, 2011.
Keith A. Matthews,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 174—[AMENDED]
1. The authority citation for part 174
continues to read as follows:
■
Authority: 7 U.S.C. 136–136y; 21 U.S.C.
346a and 371.
2. Section 174.532 is revised to read
as follows:
■
§ 174.532 Bacillus thuringiensis eCry3.1Ab
protein in corn; temporary exemption from
the requirement of a tolerance.
Residues of Bacillus thuringiensis
eCry3.1Ab protein in corn, in or on the
food and feed commodities of corn;
corn, field; corn, sweet; and corn, pop
are exempt temporarily from the
requirement of a tolerance when
Bacillus thuringiensis eCry3.1Ab
protein in corn is used as a plantincorporated protectant in accordance
with the terms of Experimental Use
Permit 67979–EUP–8. This temporary
exemption from the requirement of a
tolerance expires and is revoked on
March 1, 2013.
[FR Doc. 2011–6035 Filed 3–15–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–8173]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
SUMMARY:
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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations
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
Community
No.
State and Location
ebenthall on DSK69SOYB1PROD with RULES
Region IV
South Carolina:
McCormick, Town of, McCormick County
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:
■
Current
effective map
date
April 4, 2011 ...
April 4, 2011
*......do ............
do.
......do .............
do.
Unincorporated
450226
Region V
Michigan:
Albion, City of, Calhoun County ...............
260050
July 1, 1975, Emerg; June 15, 1982, Reg;
April 4, 2011, Susp.
VerDate Mar<15>2010
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17:41 Mar 15, 2011
Jkt 223001
PO 00000
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Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
July 15, 1975, Emerg; June 25, 1976, Reg;
April 4, 2011, Susp.
December 29, 1975, Emerg; October 1, 1989,
Reg; April 4, 2011, Susp.
McCormick
Areas.
450152
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.
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Federal Register / Vol. 76, No. 51 / Wednesday, March 16, 2011 / Rules and Regulations
Community
No.
State and Location
260639
Athens, Village of, Calhoun County ..........
260558
Battle Creek, City of, Calhoun County .....
260051
Bedford, Township of, Calhoun County. ...
260052
Burlington, Township of, Calhoun County
260651
Burlington, Village of, Calhoun County .....
260559
Clarence, Township of, Calhoun County ..
260560
Convis, Township of, Calhoun County .....
260652
Eckford, Township of, Calhoun County ....
260653
Emmett, Township of, Calhoun County ....
260561
Fredonia, Township of, Calhoun County ..
260562
Homer, Village of, Calhoun County ..........
260331
Lee, Township of, Calhoun County ..........
260668
Leroy, Township of, Calhoun County .......
260655
Marengo, Township of, Calhoun County ..
260563
Marshall, City of, Calhoun County ............
260053
Marshall, Township of, Calhoun County ...
260642
Newton, Township of, Calhoun County ....
260647
Pennfield, Charter Township, Calhoun
County.
Sheridan, Township of, Calhoun County ..
260564
Springfield, City of, Calhoun County ........
260054
Tekonsha, Township of, Calhoun County
260709
Tekonsha, Village of, Calhoun County .....
260565
Ohio:
Archbold, Village of, Fulton County ..........
390603
Bellville, Village of, Richland County ........
390604
Butler, Village of, Richland County ...........
390605
Delta, Village of, Fulton County ................
390183
Fayette, Village of, Fulton County ............
390829
Lucas, Village of, Richland County ...........
390661
Mansfield, City of, Richland County .........
ebenthall on DSK69SOYB1PROD with RULES
Albion, Township of, Calhoun County ......
390477
Metamora, Village of, Fulton County ........
390840
Ontario, Village of, Richland County ........
390478
Plymouth, Village of, Huron and Richland
Counties.
Richland County, Unincorporated Areas ..
390287
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PO 00000
260649
390476
Frm 00021
14295
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current
effective map
date
September 12, 1975, Emerg; October 15,
1982, Reg; April 4, 2011, Susp.
March 24, 1977, Emerg; November 15, 1985,
Reg; April 4, 2011, Susp.
July 2, 1975, Emerg; April 4, 1983, Reg; April
4, 2011, Susp.
May 30, 1975, Emerg; February 2, 1983,
Reg; April 4, 2011, Susp.
December 2, 1975, Emerg; July 2, 1987,
Reg; April 4, 2011, Susp.
November 21, 1975, Emerg; July 2, 1987,
Reg; April 4, 2011, Susp.
May 12, 1977, Emerg; February 18, 1983,
Reg; April 4, 2011, Susp.
December 5, 1975, Emerg; February 11,
1983, Reg; April 4, 2011, Susp.
December 16, 1975, Emerg; August 19,
1986, Reg; April 4, 2011, Susp.
December 5, 1975, Emerg; June 1, 1983,
Reg; April 4, 2011, Susp.
December 22, 1975, Emerg; August 19,
1987, Reg; April 4, 2011, Susp.
December 5, 1975, Emerg; May 3, 1982,
Reg; April 4, 2011, Susp.
March 26, 1976, Emerg; May 15, 1985, Reg;
April 4, 2011, Susp.
February 19, 1976, Emerg; March 1, 1987,
Reg; April 4, 2011, Susp.
May 30, 1979, Emerg; May 17, 1982, Reg;
April 4, 2011, Susp.
May 13, 1975, Emerg; April 1, 1982, Reg;
April 4, 2011, Susp.
October 9, 1975, Emerg; February 11, 1983,
Reg; April 4, 2011, Susp.
November 18, 1975, Emerg; September 1,
1986, Reg; April 4, 2011, Susp.
August 25, 1975, Emerg; October 15, 1982,
Reg; April 4, 2011, Susp.
November 20, 1975, Emerg; March 11, 1983,
Reg; April 4, 2011, Susp.
August 11, 1975, Emerg; September 28,
1979, Reg; April 4, 2011, Susp.
July 20, 1977, Emerg; June 4, 1987, Reg;
April 4, 2011, Susp.
December 19, 1975, Emerg; May 1, 1987,
Reg; April 4, 2011, Susp.
......do .............
do.
......do .............
do.
......do .............
do.
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do.
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do.
......do .............
do.
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do.
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do.
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do.
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do.
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do.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
April 30, 1976, Emerg; January 4, 1985, Reg;
April 4, 2011, Susp.
June 30, 1976, Emerg; March 16, 1989, Reg;
April 4, 2011, Susp.
June 24, 1976, Emerg; November 15, 1989,
Reg; April 4, 2011, Susp.
April 28, 1975, Emerg; May 15, 1984, Reg;
April 4, 2011, Susp.
February 8, 1999, Emerg; April 4, 2011, Reg;
April 4, 2011, Susp.
September 24, 1987, Emerg; September 1,
1993, Reg; April 4, 2011, Susp.
April 2, 1975, Emerg; January 3, 1986, Reg;
April 4, 2011, Susp.
July 21, 1982, Emerg; May 16, 1995, Reg;
April 4, 2011, Susp.
July 11, 1975, Emerg; January 30, 1984,
Reg; April 4, 2011, Susp.
July 30, 1999, Emerg; April 4, 2011, Reg;
April 4, 2011, Susp.
December 11, 1984, Emerg; April 2, 1991,
Reg; April 4, 2011, Susp.
......do .............
do.
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do.
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do.
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......do .............
do.
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Community
No.
State and Location
Shelby, City of, Richland County ..............
390479
Wauseon, City of, Fulton County ..............
390184
Wisconsin:
Arcadia, City of, Trempealeau County .....
550439
Blair, City of, Trempealeau County ..........
550440
Eleva, Village of, Trempealeau County ....
550441
Ettrick, Village of, Trempealeau County ...
550442
Galesville, City of, Trempealeau County ..
550443
Independence, City of, Trempealeau
County.
Osseo, City of, Trempealeau County .......
550444
550445
Pigeon Falls, Village of, Trempealeau
County.
Strum, Village of, Trempealeau County ...
550446
Trempealeau, Village of, Trempealeau
County.
Trempealeau County, Unincorporated
Areas.
Whitehall, City of, Trempealeau County ...
555584
Region VI
Arkansas:
Fulton, Town of, Hempstead County ........
555583
555585
550449
050086
480359
Grapeland, Town of, Houston County ......
480873
Houston County, Unincorporated Areas ...
480872
Lovelady, City of, Houston County ...........
480874
Maverick County, Unincorporated Areas ..
480470
Woodville, City of, Tyler County ...............
481035
Region VII
Iowa:
Anamosa, City of, Jones County ..............
190174
Jones County, Unincorporated Areas .......
190919
Monticello, City of, Jones County .............
190175
Olin, City of, Jones County .......................
190176
Missouri:
Cameron, City of, Clinton County .............
ebenthall on DSK69SOYB1PROD with RULES
Hempstead
County,
Unincorporated
Areas.
Texas:
Crockett, City of, Houston County ............
050436
290104
Gower, City of, Buchanan and Clinton
Counties..
Lathrop, City of, Clinton County ...............
290105
290704
Plattsburg, City of, Clinton County ...........
290106
Current effective map date
July 30, 1975, Emerg; March 2, 1989, Reg;
April 4, 2011, Susp.
July 22, 1975, Emerg; July 6, 1984, Reg;
April 4, 2011, Susp.
......do .............
do.
......do .............
do.
September 30, 1975, Emerg; August 19,
1991, Reg; April 4, 2011, Susp.
February 27, 1975, Emerg; November 16,
1990, Reg; April 4, 2011, Susp.
May 23, 1975, Emerg; December 5, 1989,
Reg; April 4, 2011, Susp.
July 15, 1975, Emerg; June 15, 1982, Reg;
April 4, 2011, Susp.
February 23, 1976, Emerg; March 16, 1981,
Reg; April 4, 2011, Susp.
July 5, 1974, Emerg; September 27, 1991,
Reg; April 4, 2011, Susp.
August 19, 1975, Emerg; September 5, 1990,
Reg; April 4, 2011, Susp.
March 26, 1976, Emerg; September 16, 1988,
Reg; April 4, 2011, Susp.
April 9, 1971, Emerg; May 13, 1972, Reg;
April 4, 2011, Susp.
May 28, 1971, Emerg; December 12, 1972,
Reg; April 4, 2011, Susp.
May 14, 1971, Emerg; December 22, 1972,
Reg; April 4, 2011, Susp.
February 7, 1975, Emerg; November 16,
1990, Reg; April 4, 2011, Susp.
......do .............
do.
......do .............
do.
......do .............
do.
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do.
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do.
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do.
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do.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
June 24, 1975, Emerg; September 30, 1980,
Reg; April 4, 2011, Susp.
March 15, 2001, Emerg; August 1, 2008,
Reg; April 4, 2011, Susp.
July 2, 1993, Emerg; August 1, 2008, Reg;
April 4, 2011, Susp.
June 22, 1990, Emerg; March 1, 1991, Reg;
April 4, 2011, Susp.
N/A, Emerg; September 23, 1996, Reg; April
4, 2011, Susp.
August 1, 1979, Emerg; October 26, 1982,
Reg; April 4, 2011, Susp.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
July 25, 1975, Emerg; August 19, 1987, Reg;
April 4, 2011, Susp.
March 21, 1979, Emerg; September 30, 1988,
Reg; April 4, 2011, Susp.
November 27, 1974, Emerg; April 2, 1979,
Reg; April 4, 2011, Susp.
July 12, 1976, Emerg; February 1, 1987, Reg;
April 4, 2011, Susp.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
August 25, 1975, Emerg; August 24, 1984,
Reg; April 4, 2011, Susp.
June 23, 1975, Emerg; July 18, 1985, Reg;
April 4, 2011, Susp.
June 22, 1976, Emerg; July 18, 1985, Reg;
April 4, 2011, Susp.
March 31, 1975, Emerg; February 2, 1983,
Reg; April 4, 2011, Susp.
......do .............
do.
......do .............
do.
......do .............
do.
......do .............
do.
April 22, 1975, Emerg; August 3, 1982, Reg;
April 4, 2011, Susp.
March 28, 1995, Emerg; October 1, 2007,
Reg; April 4, 2011, Susp.
*do = Ditto.
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Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
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14297
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
Dated: March 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
Washington, DC 20554, telephone 202–
488–5300, facsimile 202–488–5563, or
via e-mail FCC@BCPIWEB.com. When
ordering documents from BCPI please
provide the appropriate FCC document
number (for example, FCC 07–174,
Order on Reconsideration). The full text
may also be downloaded at: https://
www.fcc.gov. Alternative formats are
available to persons with disabilities by
sending an e-mail to fcc504@fcc.gov or
call the Consider & Governmental
Affairs Bureau at 202–418–0530 (voice),
or 202–418–0432 (tty).
[FR Doc. 2011–6058 Filed 3–15–11; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 25
[IB Docket No. 06–123; FCC 10–188]
The Establishment of Policies and
Service Rules for the BroadcastingSatellite Service
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission denies
two petitions for reconsideration filed
by Telesat Canada (Telesat) challenging
certain aspects of the processing and
technical rules adopted for the 17/24
GHz Broadcasting-Satellite Service
(BSS). Specifically, we decline to adopt
Telesat’s proposal that the Federal
Communications Commission
(Commission) impose additional blanket
international coordination licensing
conditions on U.S.-licensed 17/24 GHz
BSS space stations. Finally, we are not
persuaded by Telesat’s argument that
the Commission’s technical and
procedural rules concerning assignment
of orbital locations and frequencies are
inapplicable to requests filed by nonU.S.-licensed 17/24 GHz BSS space
stations operators seeking to access the
market in the United States.
DATES: Effective April 15, 2011.
FOR FURTHER INFORMATION CONTACT:
Andrea Kelly, Satellite Division,
International Bureau, at 202–418–7877
or via e-mail at Andrea.Kelly@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Second Order on
Reconsideration in IB Docket No. 06–
123, FCC 10–188, adopted October 29,
2010 and released November 1, 2010.
The full text of the Second Order on
Reconsideration is available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portals II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. This document
may also be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., Portals II,
445 12th Street, SW., Room CY–B402,
ebenthall on DSK69SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:52 Mar 15, 2011
Jkt 223001
Synopsis
The Commission denied two petitions
for reconsideration filed by Telesat
Canada (Telesat) challenging certain
aspects of the processing and technical
rules adopted for the 17/24 GHz
Broadcasting-Satellite Service (BSS).
Specifically, we decline to adopt
Telesat’s proposal that the Commission
impose additional blanket international
coordination licensing conditions on
U.S.-licensed 17/24 GHz BSS space
stations. Commission provisions for
imposing additional coordination
requirements already exist and can be
invoked, if needed, on a case-by-case
basis. While we reject Telesat’s petition
for reconsideration on this point, we
will continue to follow the applicable
coordination procedures set out in the
International Telecommunication
Union’s (ITU) Radio Regulations for the
particular band segment being
coordinated. Finally, we are not
persuaded by Telesat’s argument that
the Commission’s technical and
procedural rules concerning assignment
of orbital locations and frequencies are
inapplicable to requests filed by nonU.S.-licensed 17/24 GHz BSS space
stations operators seeking to access the
market in the United States. These rules
apply to both U.S.- and non-U.S.licensed operators.
In May 2007, the Commission
released a Report and Order and Further
Notice of Proposed Rulemaking, 72 FR
46939, August 22, 2007. In the 17/24
GHz BSS R&O, the Commission decided
to apply the first-come, first-served
licensing process to applications for
geostationary satellite orbit (GSO)-like
space stations in this service. At the
same time, the Commission also
adopted technical rules, including a
framework in which 17/24 GHz BSS
space stations would operate at orbital
locations spaced at four degree
intervals, as set forth in 17/24 GHz BSS
R&O Appendix F (known as Appendix
F locations). In adopting this four-
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
degree spacing framework, the
Commission recognized that rigid
application of the spacing plan would
not serve the public interest because at
some Appendix F locations there might
be undesirable operational constraints
required to coordinate physical
operations with co-located satellites, or
because there might be a co-primary
Direct Broadcast Satellite (DBS) or other
ITU Region 2 BSS satellite receiving
feeder-link signals in the 17.3–17.8 GHz
band at or very near that location. As a
result, the Commission also provided
the flexibility to operate at locations
offset from the Appendix F locations
with accompanying reductions in power
and interference protection. In addition,
the Commission adopted limits for
uplink and downlink power levels to
minimize the possibility of harmful
interference, stipulated criteria to
facilitate sharing in the 24.75–25.25
GHz and 17.3–17.8 GHz bands, adopted
a minimum antenna diameter, and
adopted antenna performance
standards. The Commission also
adopted its proposal to apply the DISCO
II framework to requests by non-U.S.licensed 17/24 GHz BSS space stations
operators to serve the market in the
United States. In addition, the
Commission adopted geographic service
rules to require space station licensees
to provide service to Alaska and Hawaii.
At the same time, the Commission
issued a Further Notice of Proposed
Rulemaking seeking comment on
coordination parameters relating to
space-path and ground-path interference
between 17/24 GHz BSS systems and
DBS service systems operating in the
17.3–17.8 GHz band.
On September 28, 2007, the
Commission, sua sponte, released an
Order on Reconsideration, 72 FR 60272,
October 24, 2007 to provide space
station operators additional flexibility to
operate full-power space stations at
orbital locations offset by up to one
degree from an Appendix F location, in
instances where there are no licensed or
prior-filed applications for 17/24 GHz
BSS space stations less than four
degrees away from the proposed offset
space station. In response to the 17/24
GHz BSS Sua Sponte Recon, Telesat
filed a second petition for
reconsideration arguing that the
additional flexibility did not resolve
issues it raised in its original petition for
reconsideration. Telesat reiterates its
requests that we impose specific
additional conditions on each U.S.licensed 17/24 GHz BSS space station
relating to international coordination. In
E:\FR\FM\16MRR1.SGM
16MRR1
]]>Agencies
[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14293-14297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-6058]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8173]
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 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
[[Page 14294]]
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.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
0
1. The authority citation for part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
----------------------------------------------------------------------------------------------------------------
Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and Location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region IV
South Carolina:
McCormick, Town of, 450152 July 15, 1975, April 4, 2011........ April 4, 2011
McCormick County. Emerg; June 25,
1976, Reg; April
4, 2011, Susp.
McCormick County, 450226 December 29, 1975, *......do............ do.
Unincorporated Areas. Emerg; October 1,
1989, Reg; April
4, 2011, Susp.
Region V
Michigan:
Albion, City of, Calhoun 260050 July 1, 1975, ......do............. do.
County. Emerg; June 15,
1982, Reg; April
4, 2011, Susp.
[[Page 14295]]
Albion, Township of, Calhoun 260639 September 12, 1975, ......do............. do.
County. Emerg; October 15,
1982, Reg; April
4, 2011, Susp.
Athens, Village of, Calhoun 260558 March 24, 1977, ......do............. do.
County. Emerg; November
15, 1985, Reg;
April 4, 2011,
Susp.
Battle Creek, City of, 260051 July 2, 1975, ......do............. do.
Calhoun County. Emerg; April 4,
1983, Reg; April
4, 2011, Susp.
Bedford, Township of, 260052 May 30, 1975, ......do............. do.
Calhoun County.. Emerg; February 2,
1983, Reg; April
4, 2011, Susp.
Burlington, Township of, 260651 December 2, 1975, ......do............. do.
Calhoun County. Emerg; July 2,
1987, Reg; April
4, 2011, Susp.
Burlington, Village of, 260559 November 21, 1975, ......do............. do.
Calhoun County. Emerg; July 2,
1987, Reg; April
4, 2011, Susp.
Clarence, Township of, 260560 May 12, 1977, ......do............. do.
Calhoun County. Emerg; February
18, 1983, Reg;
April 4, 2011,
Susp.
Convis, Township of, Calhoun 260652 December 5, 1975, ......do............. do.
County. Emerg; February
11, 1983, Reg;
April 4, 2011,
Susp.
Eckford, Township of, 260653 December 16, 1975, ......do............. do.
Calhoun County. Emerg; August 19,
1986, Reg; April
4, 2011, Susp.
Emmett, Township of, Calhoun 260561 December 5, 1975, ......do............. do.
County. Emerg; June 1,
1983, Reg; April
4, 2011, Susp.
Fredonia, Township of, 260562 December 22, 1975, ......do............. do.
Calhoun County. Emerg; August 19,
1987, Reg; April
4, 2011, Susp.
Homer, Village of, Calhoun 260331 December 5, 1975, ......do............. do.
County. Emerg; May 3,
1982, Reg; April
4, 2011, Susp.
Lee, Township of, Calhoun 260668 March 26, 1976, ......do............. do.
County. Emerg; May 15,
1985, Reg; April
4, 2011, Susp.
Leroy, Township of, Calhoun 260655 February 19, 1976, ......do............. do.
County. Emerg; March 1,
1987, Reg; April
4, 2011, Susp.
Marengo, Township of, 260563 May 30, 1979, ......do............. do.
Calhoun County. Emerg; May 17,
1982, Reg; April
4, 2011, Susp.
Marshall, City of, Calhoun 260053 May 13, 1975, ......do............. do.
County. Emerg; April 1,
1982, Reg; April
4, 2011, Susp.
Marshall, Township of, 260642 October 9, 1975, ......do............. do.
Calhoun County. Emerg; February
11, 1983, Reg;
April 4, 2011,
Susp.
Newton, Township of, Calhoun 260647 November 18, 1975, ......do............. do.
County. Emerg; September
1, 1986, Reg;
April 4, 2011,
Susp.
Pennfield, Charter Township, 260564 August 25, 1975, ......do............. do.
Calhoun County. Emerg; October 15,
1982, Reg; April
4, 2011, Susp.
Sheridan, Township of, 260649 November 20, 1975, ......do............. do.
Calhoun County. Emerg; March 11,
1983, Reg; April
4, 2011, Susp.
Springfield, City of, 260054 August 11, 1975, ......do............. do.
Calhoun County. Emerg; September
28, 1979, Reg;
April 4, 2011,
Susp.
Tekonsha, Township of, 260709 July 20, 1977, ......do............. do.
Calhoun County. Emerg; June 4,
1987, Reg; April
4, 2011, Susp.
Tekonsha, Village of, 260565 December 19, 1975, ......do............. do.
Calhoun County. Emerg; May 1,
1987, Reg; April
4, 2011, Susp.
Ohio:
Archbold, Village of, Fulton 390603 April 30, 1976, ......do............. do.
County. Emerg; January 4,
1985, Reg; April
4, 2011, Susp.
Bellville, Village of, 390604 June 30, 1976, ......do............. do.
Richland County. Emerg; March 16,
1989, Reg; April
4, 2011, Susp.
Butler, Village of, Richland 390605 June 24, 1976, ......do............. do.
County. Emerg; November
15, 1989, Reg;
April 4, 2011,
Susp.
Delta, Village of, Fulton 390183 April 28, 1975, ......do............. do.
County. Emerg; May 15,
1984, Reg; April
4, 2011, Susp.
Fayette, Village of, Fulton 390829 February 8, 1999, ......do............. do.
County. Emerg; April 4,
2011, Reg; April
4, 2011, Susp.
Lucas, Village of, Richland 390661 September 24, 1987, ......do............. do.
County. Emerg; September
1, 1993, Reg;
April 4, 2011,
Susp.
Mansfield, City of, Richland 390477 April 2, 1975, ......do............. do.
County. Emerg; January 3,
1986, Reg; April
4, 2011, Susp.
Metamora, Village of, Fulton 390840 July 21, 1982, ......do............. do.
County. Emerg; May 16,
1995, Reg; April
4, 2011, Susp.
Ontario, Village of, 390478 July 11, 1975, ......do............. do.
Richland County. Emerg; January 30,
1984, Reg; April
4, 2011, Susp.
Plymouth, Village of, Huron 390287 July 30, 1999, ......do............. do.
and Richland Counties. Emerg; April 4,
2011, Reg; April
4, 2011, Susp.
Richland County, 390476 December 11, 1984, ......do............. do.
Unincorporated Areas. Emerg; April 2,
1991, Reg; April
4, 2011, Susp.
[[Page 14296]]
Shelby, City of, Richland 390479 July 30, 1975, ......do............. do.
County. Emerg; March 2,
1989, Reg; April
4, 2011, Susp.
Wauseon, City of, Fulton 390184 July 22, 1975, ......do............. do.
County. Emerg; July 6,
1984, Reg; April
4, 2011, Susp.
Wisconsin:
Arcadia, City of, 550439 September 30, 1975, ......do............. do.
Trempealeau County. Emerg; August 19,
1991, Reg; April
4, 2011, Susp.
Blair, City of, Trempealeau 550440 February 27, 1975, ......do............. do.
County. Emerg; November
16, 1990, Reg;
April 4, 2011,
Susp.
Eleva, Village of, 550441 May 23, 1975, ......do............. do.
Trempealeau County. Emerg; December 5,
1989, Reg; April
4, 2011, Susp.
Ettrick, Village of, 550442 July 15, 1975, ......do............. do.
Trempealeau County. Emerg; June 15,
1982, Reg; April
4, 2011, Susp.
Galesville, City of, 550443 February 23, 1976, ......do............. do.
Trempealeau County. Emerg; March 16,
1981, Reg; April
4, 2011, Susp.
Independence, City of, 550444 July 5, 1974, ......do............. do.
Trempealeau County. Emerg; September
27, 1991, Reg;
April 4, 2011,
Susp.
Osseo, City of, Trempealeau 550445 August 19, 1975, ......do............. do.
County. Emerg; September
5, 1990, Reg;
April 4, 2011,
Susp.
Pigeon Falls, Village of, 550446 March 26, 1976, ......do............. do.
Trempealeau County. Emerg; September
16, 1988, Reg;
April 4, 2011,
Susp.
Strum, Village of, 555583 April 9, 1971, ......do............. do.
Trempealeau County. Emerg; May 13,
1972, Reg; April
4, 2011, Susp.
Trempealeau, Village of, 555584 May 28, 1971, ......do............. do.
Trempealeau County. Emerg; December
12, 1972, Reg;
April 4, 2011,
Susp.
Trempealeau County, 555585 May 14, 1971, ......do............. do.
Unincorporated Areas. Emerg; December
22, 1972, Reg;
April 4, 2011,
Susp.
Whitehall, City of, 550449 February 7, 1975, ......do............. do.
Trempealeau County. Emerg; November
16, 1990, Reg;
April 4, 2011,
Susp.
Region VI
Arkansas:
Fulton, Town of, Hempstead 050086 April 22, 1975, ......do............. do.
County. Emerg; August 3,
1982, Reg; April
4, 2011, Susp.
Hempstead County, 050436 March 28, 1995, ......do............. do.
Unincorporated Areas. Emerg; October 1,
2007, Reg; April
4, 2011, Susp.
Texas:
Crockett, City of, Houston 480359 June 24, 1975, ......do............. do.
County. Emerg; September
30, 1980, Reg;
April 4, 2011,
Susp.
Grapeland, Town of, Houston 480873 March 15, 2001, ......do............. do.
County. Emerg; August 1,
2008, Reg; April
4, 2011, Susp.
Houston County, 480872 July 2, 1993, ......do............. do.
Unincorporated Areas. Emerg; August 1,
2008, Reg; April
4, 2011, Susp.
Lovelady, City of, Houston 480874 June 22, 1990, ......do............. do.
County. Emerg; March 1,
1991, Reg; April
4, 2011, Susp.
Maverick County, 480470 N/A, Emerg; ......do............. do.
Unincorporated Areas. September 23,
1996, Reg; April
4, 2011, Susp.
Woodville, City of, Tyler 481035 August 1, 1979, ......do............. do.
County. Emerg; October 26,
1982, Reg; April
4, 2011, Susp.
Region VII
Iowa:
Anamosa, City of, Jones 190174 July 25, 1975, ......do............. do.
County. Emerg; August 19,
1987, Reg; April
4, 2011, Susp.
Jones County, Unincorporated 190919 March 21, 1979, ......do............. do.
Areas. Emerg; September
30, 1988, Reg;
April 4, 2011,
Susp.
Monticello, City of, Jones 190175 November 27, 1974, ......do............. do.
County. Emerg; April 2,
1979, Reg; April
4, 2011, Susp.
Olin, City of, Jones County. 190176 July 12, 1976, ......do............. do.
Emerg; February 1,
1987, Reg; April
4, 2011, Susp.
Missouri:
Cameron, City of, Clinton 290104 August 25, 1975, ......do............. do.
County. Emerg; August 24,
1984, Reg; April
4, 2011, Susp.
Gower, City of, Buchanan and 290105 June 23, 1975, ......do............. do.
Clinton Counties.. Emerg; July 18,
1985, Reg; April
4, 2011, Susp.
Lathrop, City of, Clinton 290704 June 22, 1976, ......do............. do.
County. Emerg; July 18,
1985, Reg; April
4, 2011, Susp.
Plattsburg, City of, Clinton 290106 March 31, 1975, ......do............. do.
County. Emerg; February 2,
1983, Reg; April
4, 2011, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
[[Page 14297]]
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
Dated: March 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-6058 Filed 3-15-11; 8:45 am]
BILLING CODE 9110-12-P
