Suspension of Community Eligibility, 23498-23502 [2011-10174]
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23498
Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations
(1,1-dimethylethyl)-2-(4-(1hydroxyethyl)benzoyl)hydrazide,
calculated as the stoichiometric
equivalent of tebufenozide, in or on the
commodity.
*
*
*
*
*
(b) Section 18 emergency exemptions.
[Reserved]
*
*
*
*
*
(d) Indirect or inadvertent residues.
Tolerances are established for indirect
or inadvertent residues of the
insecticide tebufenozide, including its
metabolites and degradates, in or on the
commodities in the table in this
paragraph when present therein as a
result of the application of tebufenozide
to growing crops listed in the table to
paragraph (a)(1) of this section.
Compliance with the tolerance levels
specified in this paragraph is to be
determined by measuring only the sum
of tebufenozide, 3,5-dimethylbenzoic
acid 1-(1,1-dimethylethyl)-2-(4ethylbenzoyl)hydrazide, and its
metabolite, 3,5-dimethylbenzoic acid 1(1,1-dimethylethyl)-2-(4-(1hydroxyethyl)benzoyl)hydrazide,
calculated as the stoichiometric
equivalent of tebufenozide, in or on the
commodity.
*
*
*
*
*
■ 20. Revise § 180.486 to read as
follows:
§ 180.486 Chlorethoxyfos; tolerances for
residues.
(a) General. Tolerances are
established for residues of the
insecticide chlorethoxyfos, including its
metabolites and degradates, in or on the
commodities in the table in this
paragraph. Compliance with the
tolerance levels specified in this
paragraph is to be determined by
measuring only chlorethoxyfos, O,Odiethyl O-(1,2,2,2-tetrachloroethyl)
phosphorothioate, in or on the
commodity.
WReier-Aviles on DSKGBLS3C1PROD with RULES
Commodity
Parts per
million
Corn, field, forage .....................
Corn, field, grain .......................
Corn, field, stover .....................
Corn, pop, grain ........................
Corn, pop, stover ......................
Corn, sweet, forage ..................
Corn, sweet, kernel plus cob
with husks removed ..............
Corn, sweet, stover ..................
0.01
0.01
0.01
0.01
0.01
0.01
0.01
0.01
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
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21. In § 180.541 revise paragraph (a) to
read as follows:
■
§ 180.541 Propetamphos; tolerances for
residues.
(a) General. A tolerance of 0.1 part per
million is established for residues of the
insecticide propetamphos, including its
metabolites and degradates, in or on
food or feed commodities when present
therein as a result of the treatment of
food- or feed-handling establishments
with propetamphos. Direct application
shall be limited solely to spot and/or
crack and crevice treatment in food- or
feed-handling establishments where
food or feed and food or feed products
are held, processed, prepared, served, or
sold. Spray and dust concentrations
shall be limited to a maximum of 1
percent active ingredient. For crack and
crevice treatment, equipment capable of
delivering a dust or a pin-stream of
spray directly into cracks and crevices
shall be used. For spot treatment, a
coarse, low-pressure spray shall be used
to avoid contamination of food, feed, or
food-contact/feed-contact surfaces.
Compliance with the tolerance level
specified in this paragraph is to be
determined by measuring only
propetamphos, 1-methylethyl-(2E)-3((ethylamino)methoxyphosphinothioyl)
oxy)-2-butenoate, in or on the
commodity.
*
*
*
*
*
■ 22. In § 180.596 revise the
introductory text in paragraph (a) to
read as follows:
§ 180.596 Fosthiazate; tolerances for
residues.
(a) General. A tolerance is established
for residues of the insecticide
fosthiazate, including its metabolites
and degradates, in or on the commodity
in the table in this paragraph.
Compliance with the tolerance level
specified in this paragraph is to be
determined by measuring only the sum
of fosthiazate, O-ethyl S-(1methylpropyl)(2-oxo-3thiazolidinyl)phosphonothioate, and its
metabolite, O-ethyl S-(1methylpropyl)(2(methylsulfonyl)ethyl)
phosphoramidothioate, calculated as the
stoichiometric equivalent of fosthiazate,
in or on the commodity.
*
*
*
*
*
■ 23. Revise § 180.620 to read as
follows:
§ 180.620 Etofenprox; tolerances for
residues.
(a) General. A tolerance is established
for residues of the insecticide
etofenprox, including its metabolites
and degradates, in or on the commodity
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
in the table in this paragraph.
Compliance with the tolerance level
specified in this paragraph is to be
determined by measuring only
etofenprox, 2-(4-ethoxyphenyl)-2methylpropyl 3-phenoxybenzyl ether, in
or on the commodity.
Commodity
Parts per
million
Rice, grain ................................
0.01
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
[FR Doc. 2011–9937 Filed 4–26–11; 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–8177]
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
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
SUMMARY:
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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
Community
No.
State and location
Region III
West Virginia:
Barbour County, Unincorporated Areas
540001
540002
Junior, Town of, Barbour County ..........
WReier-Aviles on DSKGBLS3C1PROD with RULES
Belington, Town of, Barbour County .....
540003
Philippi, City of, Barbour County ...........
540004
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 21, 1975, Emerg; July 1, 1987,
Reg; May 3, 2011, Susp.
November 11, 1974, Emerg; August 1,
1979, Reg; May 3, 2011, Susp.
April 3, 1975, Emerg; April 17, 1987, Reg;
May 3, 2011, Susp.
June 26, 1974, Emerg; September 4, 1986,
Reg; May 3, 2011, Susp.
May 3, 2011 .....
May 3, 2011.
*......do ..............
Do.
......do ...............
Do.
......do ...............
Do.
Region IV
Kentucky: Glasgow, City of, Barren County
210007
November 29, 1974, Emerg; May 1, 1987,
Reg; May 3, 2011, Susp.
......do ...............
Do.
Mississippi:
Clay County, Unincorporated Areas ......
280036
January 19, 1978, Emerg; July 16, 1990,
Reg; May 3, 2011, Susp.
......do ...............
Do.
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Community
No.
West Point, City of, Clay County ...........
South Carolina:
Fairfield County, Unincorporated Areas
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
280037
February 1, 1974, Emerg; January 5, 1978,
Reg; May 3, 2011, Susp.
......do ...............
Do.
450075
State and location
December 21, 1978, Emerg; July 19, 1982,
Reg; May 3, 2011, Susp.
July 22, 1975, Emerg; February 4, 1987,
Reg; May 3, 2011, Susp.
April 21, 1978, Emerg; March 18, 1987,
Reg; May 3, 2011, Susp.
September 17, 1986, Emerg; September
17, 1986, Reg; May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......d .................
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
August 25, 1975, Emerg; June 18, 1980,
Reg; May 3, 2011, Susp.
July 11, 1975, Emerg; December 18, 1979,
Reg; May 3, 2011, Susp.
March 24, 1975, Emerg; August 1, 1980,
Reg; May 3, 2011, Susp.
May 28, 1982, Emerg; July 16, 1987, Reg;
May 3, 2011, Susp.
February 7, 1990, Emerg; June 1, 1995,
Reg; May 3, 2011, Susp.
November 8, 1976, Emerg; September 1,
1986, Reg; May 3, 2011, Susp.
May 1, 1975, Emerg; August 2, 1982, Reg;
May 3, 2011, Susp.
May 28, 1982, Emerg; March 16, 1988,
Reg; May 3, 2011, Susp.
May 11, 1981, Emerg; February 2, 1989,
Reg; May 3, 2011, Susp.
April 16, 1974, Emerg; May 17, 1982, Reg;
May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
December 21, 1978, Emerg; September 30,
1988, Reg; May 3, 2011, Susp.
April 3, 1979, Emerg; May 17, 1990, Reg;
May 3, 2011, Susp.
May 12, 1975, Emerg; July 3, 1986, Reg;
May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 18, 1983, Emerg; November 1, 1985,
Reg; May 3, 2011, Susp.
June 20, 1974, Emerg; January 3, 1986,
Reg; May 3, 2011, Susp.
November 8, 1976, Emerg; March 18,
1986, Reg; May 3, 2011, Susp.
N/A, Emerg; January 18, 2006, Reg; May 3,
2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Greenwood, City of, Greenwood County
450093
Greenwood County, Unincorporated
Areas.
Ninety Six, Town of, Greenwood County.
450094
450244
Region V
Indiana:
Alexandria, City of, Madison County .....
180149
Anderson, City of, Madison County ......
180150
Chesterfield, Town of, Madison County
180151
Elwood, City of, Madison and Tipton
Counties.
Frankton, Town of, Madison County .....
180152
180154
Ingalls, Town of, Madison County .........
180155
Madison County, Unincorporated Areas
180442
Pendleton, Town of, Madison County ...
180156
Summitville, Town of, Madison County
180157
Michigan:
DeWitt, Charter Township of, Clinton
County.
DeWitt, City of, Clinton County .............
260631
260060
East Lansing, City of, Clinton and
Ingham Counties.
Elsie, Village of, Clinton County ............
260089
Hubbardston, Village of, Clinton and
Ionia Counties.
Maple Rapids, Village of, Clinton County.
Ovid, Village of, Clinton County ............
260418
260318
St. Johns, City of, Clinton County .........
260726
Victor, Township of, Clinton County ......
260720
Watertown, Charter Township of, Clinton County.
Ohio:
Bettsville, Village of, Seneca County ....
260291
260725
260384
390500
390779
Tiffin, City of, Seneca County ...............
WReier-Aviles on DSKGBLS3C1PROD with RULES
Seneca County, Unincorporated Areas
390502
Region VI
Arkansas:
Crittenden
County,
Unincorporated
Areas.
Earle, City of, Crittenden County ..........
050429
Edmondson, Town of, Crittenden County.
Horseshoe Lake, Town of, Crittenden
County.
VerDate Mar<15>2010
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Date certain
Federal
assistance
no longer
available in
SFHAs
PO 00000
050054
050409
055057
Frm 00052
December 13, 1974, Emerg; July 2, 1981,
Reg; May 3, 2011, Susp.
November 7, 1974, Emerg; December 4,
1979, Reg; May 3, 2011, Susp.
February 14, 1975, Emerg; May 1, 1980,
Reg; May 3, 2011, Susp.
March 19, 1975, Emerg; May 19, 1981,
Reg; May 3, 2011, Susp.
June 5, 1975, Emerg; May 5, 1981, Reg;
May 3, 2011, Susp.
March 24, 1975, Emerg; July 15, 1988,
Reg; May 3, 2011, Susp.
October 23, 1990, Emerg; February 1,
1994, Reg; May 3, 2011, Susp.
December 26, 1974, Emerg; May 3, 1982,
Reg; May 3, 2011, Susp.
May 5, 1975, Emerg; July 21, 1978, Reg;
May 3, 2011, Susp.
Fmt 4700
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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations
Community
No.
State and location
Marion, City of, Crittenden County ........
050345
Turrell, City of, Crittenden County .........
050370
West Memphis, City of, Crittenden
County.
Region VII
Iowa:
Beaver, City of, Boone County ..............
050055
Boone, City of, Boone County ...............
190555
Boone County, Unincorporated Areas ..
190846
Fort Madison, City of, Lee County ........
190184
Keokuk, City of, Lee County .................
190185
Lee County, Unincorporated Areas .......
190182
Madrid, City of, Boone County ..............
190325
Montrose, City of, Lee County ..............
190186
Pilot Mound, City of, Boone County ......
190326
Kansas:
Lane, City of, Franklin County ...............
200103
Rantoul, City of, Franklin County ..........
200107
Missouri:
Blackwater, City of, Cooper County ......
290109
Boonville, City of, Cooper County .........
290110
Cooper County, Unincorporated Areas
290794
Pilot Grove, City of, Cooper County ......
290678
Nebraska:
Cozad, City of, Dawson County ............
310059
190322
310058
Lexington, City of, Dawson County .......
310063
Overton, Village of, Dawson County .....
310064
Sumner, Village of, Dawson County .....
310065
Region VIII
North Dakota:
Cavalier, Township of, Pembina County
380274
Crystal, City of, Pembina County ..........
380082
Drayton, City of, Pembina County .........
WReier-Aviles on DSKGBLS3C1PROD with RULES
Dawson County, Unincorporated Areas
380150
Drayton, Township of, Pembina County
380276
Hamilton, City of, Pembina County .......
380084
Neche, City of, Pembina County ...........
380085
Pembina County, Unincorporated Areas
380079
Walhalla, City of, Pembina County .......
380254
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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
July 9, 1975, Emerg; September 1, 1987,
Reg; May 3, 2011, Susp.
July 9, 1976, Emerg; February 1, 1988,
Reg; May 3, 2011, Susp.
June 6, 1974, Emerg; July 16, 1980, Reg;
May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
January 3, 2008, Emerg; May 3, 2011, Reg;
May 3, 2011, Susp.
N/A, Emerg; October 7, 1993, Reg; May 3,
2011, Susp..
November 9, 1993, Emerg; September 1,
1996, Reg; May 3, 2011, Susp.
April 11, 1974, Emerg; May 3, 1982, Reg;
May 3, 2011, Susp.
March 27, 1974, Emerg; March 1, 1978,
Reg; May 3, 2011, Susp.
September 11, 1978, Emerg; June 15,
1981, Reg; May 3, 2011, Susp.
October 21, 1976, Emerg; June 10, 1980,
Reg; May 3, 2011, Susp.
August 8, 1975, Emerg; February 18, 1981,
Reg; May 3, 2011, Susp.
August 28, 1990, Emerg; July 1, 1991, Reg;
May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
December 20, 2007, Emerg; September 1,
2008, Reg; May 3, 2011, Susp.
August 7, 1975, Emerg; September 1,
1990, Reg; May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
March 22, 1976, Emerg; December 7,
1984, Reg; May 3, 2011, Susp.
October 9, 1974, Emerg; October 16, 1984,
Reg; May 3, 2011, Susp.
April 26, 1984, Emerg; September 1, 1989,
Reg; May 3, 2011, Susp.
N/A, Emerg; November 24, 2008, Reg; May
3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
March 7, 1975, Emerg; June 30, 1976,
Reg; May 3, 2011, Susp.
March 8, 1984, Emerg; July 1, 1988, Reg;
May 3, 2011, Susp.
March 23, 1977, Emerg; May 15, 1984,
Reg; May 3, 2011, Susp.
July 1, 1975, Emerg; September 27, 1985,
Reg; May 3, 2011, Susp.
June 27, 1975, Emerg; September 27,
1985, Reg; May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
July 20, 1981, Emerg; July 20, 1981, Reg;
May 3, 2011, Susp.
July 15, 1975, Emerg; January 16, 1981,
Reg; May 3, 2011, Susp.
April 23, 1974, Emerg; August 1, 1980,
Reg; May 3, 2011, Susp.
October 6, 1982, Emerg; May 1, 1986, Reg;
May 3, 2011, Susp.
January 21, 1976, Emerg; February 17,
1988, Reg; May 3, 2011, Susp.
October 18, 1974, Emerg; July 16, 1980,
Reg; May 3, 2011, Susp.
May 1, 1974, Emerg; November 19, 1987,
Reg; May 3, 2011, Susp.
May 3, 1976, Emerg; April 15, 1980, Reg;
May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
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Community
No.
State and location
Region X
Oregon:
Ashland, City of, Jackson County .........
410090
Central Point, City of, Jackson County
410092
Eagle Point, City of, Jackson County ....
410093
Gold Hill, City of, Jackson County ........
410094
Jackson County, Unincorporated Areas
415589
Jacksonville, City of, Jackson County ...
410095
Medford, City of, Jackson County .........
410096
Phoenix, City of, Jackson County .........
410097
Rogue River, City of, Jackson County ..
410098
Shady Cove, City of, Jackson County ..
410099
Talent, City of, Jackson County ............
410100
Date certain
Federal
assistance
no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
August 9, 1974, Emerg; June 1, 1981, Reg;
May 3, 2011, Susp.
September 18, 1974, Emerg; September
30, 1980, Reg; May 3, 2011, Susp.
June 5, 1974, Emerg; September 30, 1980,
Reg; May 3, 2011, Susp.
August 5, 1974, Emerg; September 17,
1980, Reg; May 3, 2011, Susp.
December 31, 1970, Emerg; April 1, 1982,
Reg; May 3, 2011, Susp.
April 4, 1975, Emerg; December 4, 1979,
Reg; May 3, 2011, Susp.
June 7, 1974, Emerg; April 15, 1981, Reg;
May 3, 2011, Susp.
June 11, 1975, Emerg; May 3, 1982, Reg;
May 3, 2011, Susp.
May 17, 1974, Emerg; January 2, 1981,
Reg; May 3, 2011, Susp.
August 23, 1974, Emerg; September 30,
1980, Reg; May 3, 2011, Susp.
April 7, 1975, Emerg; February 1, 1980,
Reg; May 3, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp. —Suspension.
Dated: April 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and
Mitigation Administrator, Mitigation.
[FR Doc. 2011–10174 Filed 4–26–11; 8:45 am]
BILLING CODE 9110–12–P
LEGAL SERVICES CORPORATION
45 CFR Part 1609
Fee-Generating Cases
Legal Services Corporation.
Final rule.
AGENCY:
ACTION:
This final rule amends the
Legal Services Corporation’s regulation
on fee-generating cases to clarify that it
applies only to LSC and private nonLSC funds.
DATES: This final rule becomes effective
on May 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Mattie Cohan, Senior Assistant General
Counsel, Office of Legal Affairs, Legal
Services Corporation, 3333 K Street,
NW., Washington, DC 20007; 202–295–
1624 (ph); 202–337–6519 (fax);
mcohan@lsc.gov.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with RULES
SUMMARY:
Background
This final rule follows the publication
of a Notice of Proposed Rulemaking
published by the Legal Services
VerDate Mar<15>2010
15:29 Apr 26, 2011
Jkt 223001
Corporation (LSC) on February 4, 2011
proposing to amend LSC’s regulation at
45 CFR part 1609 on fee-generating
cases to clarify that it applies only to
LSC and private non-LSC funds. 76 FR
6381. On April 15, 2011, the LSC Board
of Directors adopted the proposed
changes and authorized the publication
of this final rule.
Generally, the substantive LSC
restrictions on LSC recipients fall into
two categories: ‘‘entity restrictions’’ and
‘‘LSC funds restrictions.’’ ‘‘Entity
restrictions’’ apply to all activities of a
recipient regardless of the funding
source (except for the use of tribal funds
as intended) and generally originate in
section 504 of LSC’s FY 1996
appropriations act (the provisions of
which have been carried forward in
subsequent appropriations). In contrast,
‘‘LSC funds restrictions’’ usually
originate from the LSC Act and apply to
the use of LSC funds and private funds,
but not to tribal or public non-LSC
funds used as intended. LSC’s
regulation at 45 CFR part 1609, FeeGenerating Cases, is based on
§ 1007(b)(1) of the LSC Act, which
provides that no funds made available
by the Corporation may be used to
provide legal assistance, except as per
LSC regulation, with respect to any feegenerating case. The fee-generating case
provision of the LSC Act is an ‘‘LSC
funds restriction.’’ However, § 1609.3(a),
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
as currently written, is not limited to the
use of LSC funds. Rather it reads as an
‘‘entity restriction’’ reaching all of an
LSC recipient’s funds. Its wording
follows the same structure as other
entity restrictions such as part 1617—
Class Actions, which states that
‘‘Recipients are prohibited from
initiating or participating in any class
action.’’ 45 CFR 617.3.
From its initial adoption in 1976
through 1996, part 1609 followed the
language of the LSC Act and was
expressly applied as an LSC funds
restriction At that time, § 1609.3
provided that: ‘‘[n]o recipient shall use
funds received from the Corporation to
provide legal assistance in a feegenerating case unless’’ one of the
regulatory exceptions applied. 41 FR
18528 (proposed rule May 5, 1976), 41
FR 38505 (final rule Sept. 10, 1976), and
49 FR 19656 (final rule May 9, 1984)
(the last final rule prior to 1996)
(emphasis added).
In 1996 LSC revised part 1609 in
conjunction with the enactment of the
part 1642 entity prohibition on
recipients claiming or collecting and
retaining attorneys’ fees. In the revision
the language was changed from the prior
‘‘Corporation funds’’ prohibition to the
more general ‘‘no recipient’’ entity
prohibition. Notably though, there is no
discussion in the preamble to the
proposed or final regulation of any
E:\FR\FM\27APR1.SGM
27APR1
]]>Agencies
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23498-23502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10174]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8177]
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 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
[[Page 23499]]
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 III
West Virginia:
Barbour County, 540001 November 21, May 3, 2011........... May 3, 2011.
Unincorporated Areas. 1975, Emerg;
July 1, 1987,
Reg; May 3,
2011, Susp.
Belington, Town of, Barbour 540002 November 11, *......do............. Do.
County. 1974, Emerg;
August 1, 1979,
Reg; May 3,
2011, Susp.
Junior, Town of, Barbour 540003 April 3, 1975, ......do.............. Do.
County. Emerg; April 17,
1987, Reg; May
3, 2011, Susp.
Philippi, City of, Barbour 540004 June 26, 1974, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
May 3, 2011,
Susp.
Region IV
Kentucky: Glasgow, City of, 210007 November 29, ......do.............. Do.
Barren County. 1974, Emerg; May
1, 1987, Reg;
May 3, 2011,
Susp.
Mississippi:
Clay County, Unincorporated 280036 January 19, 1978, ......do.............. Do.
Areas. Emerg; July 16,
1990, Reg; May
3, 2011, Susp.
[[Page 23500]]
West Point, City of, Clay 280037 February 1, 1974, ......do.............. Do.
County. Emerg; January
5, 1978, Reg;
May 3, 2011,
Susp.
South Carolina:
Fairfield County, 450075 December 21, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
July 19, 1982,
Reg; May 3,
2011, Susp.
Greenwood, City of, 450093 July 22, 1975, ......do.............. Do.
Greenwood County. Emerg; February
4, 1987, Reg;
May 3, 2011,
Susp.
Greenwood County, 450094 April 21, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; March 18,
1987, Reg; May
3, 2011, Susp.
Ninety Six, Town of, 450244 September 17, ......do.............. Do.
Greenwood County. 1986, Emerg;
September 17,
1986, Reg; May
3, 2011, Susp.
Region V
Indiana:
Alexandria, City of, 180149 December 13, ......do.............. Do.
Madison County. 1974, Emerg;
July 2, 1981,
Reg; May 3,
2011, Susp.
Anderson, City of, Madison 180150 November 7, 1974, ......do.............. Do.
County. Emerg; December
4, 1979, Reg;
May 3, 2011,
Susp.
Chesterfield, Town of, 180151 February 14, ......do.............. Do.
Madison County. 1975, Emerg; May
1, 1980, Reg;
May 3, 2011,
Susp.
Elwood, City of, Madison 180152 March 19, 1975, ......do.............. Do.
and Tipton Counties. Emerg; May 19,
1981, Reg; May
3, 2011, Susp.
Frankton, Town of, Madison 180154 June 5, 1975, ......d............... Do.
County. Emerg; May 5,
1981, Reg; May
3, 2011, Susp.
Ingalls, Town of, Madison 180155 March 24, 1975, ......do.............. Do.
County. Emerg; July 15,
1988, Reg; May
3, 2011, Susp.
Madison County, 180442 October 23, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1994, Reg;
May 3, 2011,
Susp.
Pendleton, Town of, Madison 180156 December 26, ......do.............. Do.
County. 1974, Emerg; May
3, 1982, Reg;
May 3, 2011,
Susp.
Summitville, Town of, 180157 May 5, 1975, ......do.............. Do.
Madison County. Emerg; July 21,
1978, Reg; May
3, 2011, Susp.
Michigan:
DeWitt, Charter Township 260631 August 25, 1975, ......do.............. Do.
of, Clinton County. Emerg; June 18,
1980, Reg; May
3, 2011, Susp.
DeWitt, City of, Clinton 260060 July 11, 1975, ......do.............. Do.
County. Emerg; December
18, 1979, Reg;
May 3, 2011,
Susp.
East Lansing, City of, 260089 March 24, 1975, ......do.............. Do.
Clinton and Ingham Emerg; August 1,
Counties. 1980, Reg; May
3, 2011, Susp.
Elsie, Village of, Clinton 260725 May 28, 1982, ......do.............. Do.
County. Emerg; July 16,
1987, Reg; May
3, 2011, Susp.
Hubbardston, Village of, 260418 February 7, 1990, ......do.............. Do.
Clinton and Ionia Counties. Emerg; June 1,
1995, Reg; May
3, 2011, Susp.
Maple Rapids, Village of, 260384 November 8, 1976, ......do.............. Do.
Clinton County. Emerg; September
1, 1986, Reg;
May 3, 2011,
Susp.
Ovid, Village of, Clinton 260318 May 1, 1975, ......do.............. Do.
County. Emerg; August 2,
1982, Reg; May
3, 2011, Susp.
St. Johns, City of, Clinton 260726 May 28, 1982, ......do.............. Do.
County. Emerg; March 16,
1988, Reg; May
3, 2011, Susp.
Victor, Township of, 260720 May 11, 1981, ......do.............. Do.
Clinton County. Emerg; February
2, 1989, Reg;
May 3, 2011,
Susp.
Watertown, Charter Township 260291 April 16, 1974, ......do.............. Do.
of, Clinton County. Emerg; May 17,
1982, Reg; May
3, 2011, Susp.
Ohio:
Bettsville, Village of, 390500 December 21, ......do.............. Do.
Seneca County. 1978, Emerg;
September 30,
1988, Reg; May
3, 2011, Susp.
Seneca County, 390779 April 3, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1990, Reg; May
3, 2011, Susp.
Tiffin, City of, Seneca 390502 May 12, 1975, ......do.............. Do.
County. Emerg; July 3,
1986, Reg; May
3, 2011, Susp.
Region VI
Arkansas:
Crittenden County, 050429 May 18, 1983, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1985, Reg;
May 3, 2011,
Susp.
Earle, City of, Crittenden 050054 June 20, 1974, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
May 3, 2011,
Susp.
Edmondson, Town of, 050409 November 8, 1976, ......do.............. Do.
Crittenden County. Emerg; March 18,
1986, Reg; May
3, 2011, Susp.
Horseshoe Lake, Town of, 055057 N/A, Emerg; ......do.............. Do.
Crittenden County. January 18,
2006, Reg; May
3, 2011, Susp.
[[Page 23501]]
Marion, City of, Crittenden 050345 July 9, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
May 3, 2011,
Susp.
Turrell, City of, 050370 July 9, 1976, ......do.............. Do.
Crittenden County. Emerg; February
1, 1988, Reg;
May 3, 2011,
Susp.
West Memphis, City of, 050055 June 6, 1974, ......do.............. Do.
Crittenden County. Emerg; July 16,
1980, Reg; May
3, 2011, Susp.
Region VII
Iowa:
Beaver, City of, Boone 190322 January 3, 2008, ......do.............. Do.
County. Emerg; May 3,
2011, Reg; May
3, 2011, Susp.
Boone, City of, Boone 190555 N/A, Emerg; ......do.............. Do.
County. October 7, 1993,
Reg; May 3,
2011, Susp..
Boone County, 190846 November 9, 1993, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1996, Reg;
May 3, 2011,
Susp.
Fort Madison, City of, Lee 190184 April 11, 1974, ......do.............. Do.
County. Emerg; May 3,
1982, Reg; May
3, 2011, Susp.
Keokuk, City of, Lee County 190185 March 27, 1974, ......do.............. Do.
Emerg; March 1,
1978, Reg; May
3, 2011, Susp.
Lee County, Unincorporated 190182 September 11, ......do.............. Do.
Areas. 1978, Emerg;
June 15, 1981,
Reg; May 3,
2011, Susp.
Madrid, City of, Boone 190325 October 21, 1976, ......do.............. Do.
County. Emerg; June 10,
1980, Reg; May
3, 2011, Susp.
Montrose, City of, Lee 190186 August 8, 1975, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
May 3, 2011,
Susp.
Pilot Mound, City of, Boone 190326 August 28, 1990, ......do.............. Do.
County. Emerg; July 1,
1991, Reg; May
3, 2011, Susp.
Kansas:
Lane, City of, Franklin 200103 December 20, ......do.............. Do.
County. 2007, Emerg;
September 1,
2008, Reg; May
3, 2011, Susp.
Rantoul, City of, Franklin 200107 August 7, 1975, ......do.............. Do.
County. Emerg; September
1, 1990, Reg;
May 3, 2011,
Susp.
Missouri:
Blackwater, City of, Cooper 290109 March 22, 1976, ......do.............. Do.
County. Emerg; December
7, 1984, Reg;
May 3, 2011,
Susp.
Boonville, City of, Cooper 290110 October 9, 1974, ......do.............. Do.
County. Emerg; October
16, 1984, Reg;
May 3, 2011,
Susp.
Cooper County, 290794 April 26, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1989, Reg;
May 3, 2011,
Susp.
Pilot Grove, City of, 290678 N/A, Emerg; ......do.............. Do.
Cooper County. November 24,
2008, Reg; May
3, 2011, Susp.
Nebraska:
Cozad, City of, Dawson 310059 March 7, 1975, ......do.............. Do.
County. Emerg; June 30,
1976, Reg; May
3, 2011, Susp.
Dawson County, 310058 March 8, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; July 1,
1988, Reg; May
3, 2011, Susp.
Lexington, City of, Dawson 310063 March 23, 1977, ......do.............. Do.
County. Emerg; May 15,
1984, Reg; May
3, 2011, Susp.
Overton, Village of, Dawson 310064 July 1, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
May 3, 2011,
Susp.
Sumner, Village of, Dawson 310065 June 27, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
May 3, 2011,
Susp.
Region VIII
North Dakota:
Cavalier, Township of, 380274 July 20, 1981, ......do.............. Do.
Pembina County. Emerg; July 20,
1981, Reg; May
3, 2011, Susp.
Crystal, City of, Pembina 380082 July 15, 1975, ......do.............. Do.
County. Emerg; January
16, 1981, Reg;
May 3, 2011,
Susp.
Drayton, City of, Pembina 380150 April 23, 1974, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; May
3, 2011, Susp.
Drayton, Township of, 380276 October 6, 1982, ......do.............. Do.
Pembina County. Emerg; May 1,
1986, Reg; May
3, 2011, Susp.
Hamilton, City of, Pembina 380084 January 21, 1976, ......do.............. Do.
County. Emerg; February
17, 1988, Reg;
May 3, 2011,
Susp.
Neche, City of, Pembina 380085 October 18, 1974, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; May
3, 2011, Susp.
Pembina County, 380079 May 1, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
19, 1987, Reg;
May 3, 2011,
Susp.
Walhalla, City of, Pembina 380254 May 3, 1976, ......do.............. Do.
County. Emerg; April 15,
1980, Reg; May
3, 2011, Susp.
[[Page 23502]]
Region X
Oregon:
Ashland, City of, Jackson 410090 August 9, 1974, ......do.............. Do.
County. Emerg; June 1,
1981, Reg; May
3, 2011, Susp.
Central Point, City of, 410092 September 18, ......do.............. Do.
Jackson County. 1974, Emerg;
September 30,
1980, Reg; May
3, 2011, Susp.
Eagle Point, City of, 410093 June 5, 1974, ......do.............. Do.
Jackson County. Emerg; September
30, 1980, Reg;
May 3, 2011,
Susp.
Gold Hill, City of, Jackson 410094 August 5, 1974, ......do.............. Do.
County. Emerg; September
17, 1980, Reg;
May 3, 2011,
Susp.
Jackson County, 415589 December 31, ......do.............. Do.
Unincorporated Areas. 1970, Emerg;
April 1, 1982,
Reg; May 3,
2011, Susp.
Jacksonville, City of, 410095 April 4, 1975, ......do.............. Do.
Jackson County. Emerg; December
4, 1979, Reg;
May 3, 2011,
Susp.
Medford, City of, Jackson 410096 June 7, 1974, ......do.............. Do.
County. Emerg; April 15,
1981, Reg; May
3, 2011, Susp.
Phoenix, City of, Jackson 410097 June 11, 1975, ......do.............. Do.
County. Emerg; May 3,
1982, Reg; May
3, 2011, Susp.
Rogue River, City of, 410098 May 17, 1974, ......do.............. Do.
Jackson County. Emerg; January
2, 1981, Reg;
May 3, 2011,
Susp.
Shady Cove, City of, 410099 August 23, 1974, ......do.............. Do.
Jackson County. Emerg; September
30, 1980, Reg;
May 3, 2011,
Susp.
Talent, City of, Jackson 410100 April 7, 1975, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
May 3, 2011,
Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp. --Suspension.
Dated: April 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and
Mitigation Administrator, Mitigation.
[FR Doc. 2011-10174 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-12-P
