Suspension of Community Eligibility, 49329-49333 [2011-20279]
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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations
V. Deletion Action
The EPA, with concurrence of the
state of Utah through the Utah
Department of Environmental Quality
(UDEQ), has determined that all
appropriate response actions under
CERCLA, other than operation,
maintenance, monitoring and five-year
reviews have been completed.
Therefore, EPA is deleting the Site from
the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective 45 days from the
date of this publication in the Federal
Register unless EPA receives adverse
comments within 30 days from this
publication in the Federal Register. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final Notice of Deletion before the
effective date of the deletion, and it will
not take effect. EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the Notice of Intent to Delete and the
comments already received. There will
be no additional opportunity to
comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 3, 2011.
James B. Martin,
Regional Administrator, Region 8.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
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Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
2. Table 1 of Appendix B to part 300
is amended by removing the entry for
‘‘International Smelting and Refining’’,
‘‘Tooele’’, ‘‘UT’’.
■
[FR Doc. 2011–20291 Filed 8–9–11; 8:45 am]
BILLING CODE 6560–50–P
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DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–8191]
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
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
PO 00000
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49329
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,
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49330
Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations
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.
Community
No.
State and location
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Effective date authorization/cancellation of sale of
flood insurance in community
Current effective map date
515527
March 27, 1970, Emerg; January 15, 1971, Reg;
August 16, 2011, Susp.
Aug. 16,
2011.
Date certain
Federal assistance no longer
available in
SFHAs
Region III
Virginia: Hampton, City of, Independent
City.
Region IV
Alabama: Heflin, City of, Cleburne County.
Mississippi:
Mize, Town of, Smith County ............
010043
May 28, 1975, Emerg; July 5, 1982, Reg; August
16, 2011, Susp.
......do* ..........
do.
280160
......do ...........
do.
Smith County, Unincorporated Areas
280306
......do ...........
do.
Taylorsville, Town of, Smith County
280161
July 26, 1976, Emerg; January 1, 1986, Reg; August 16, 2011, Susp.
June 8, 1990, Emerg; July 1, 1991, Reg; August
16, 2011, Susp.
July 28, 1975, Emerg; June 17, 1986, Reg; August 16, 2011, Susp.
......do ...........
do.
Region V
Illinois:
Ashkum, Village of, Iroquois County
170287
June 16, 1975, Emerg; April 20, 1979, Reg; August 16, 2011, Susp.
June 13, 1975, Emerg; September 29, 1986,
Reg; August 16, 2011, Susp.
December 26, 1974, Emerg; September 1, 1987,
Reg; August 16, 2011, Susp.
July 28, 1975, Emerg; September 1, 1987, Reg;
August 16, 2011, Susp.
April 11, 1975, Emerg; September 4, 1985, Reg;
August 16, 2011, Susp.
December 17, 1973, Emerg; September 30,
1988, Reg; August 16, 2011, Susp.
April 10, 1975, Emerg; September 29, 1986,
Reg; August 16, 2011, Susp.
January 2, 1976, Emerg; August 1, 1986, Reg;
August 16, 2011, Susp.
December 10, 1974, Emerg; June 15, 1979, Reg;
August 16, 2011, Susp.
June 25, 1975, Emerg; September 30, 1988,
Reg; August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
April 9, 1976, Emerg; September 28, 1979, Reg;
August 16, 2011, Susp.
January 4, 2011, Emerg; N/A, Reg; August 16,
2011, Susp.
September 15, 1975, Emerg; July 16, 1981, Reg;
August 16, 2011, Susp.
August 25, 1975, Emerg; February 4, 1981, Reg;
August 16, 2011, Susp.
March 9, 1973, Emerg; March 2, 1981, Reg; August 16, 2011, Susp.
April 19, 1993, Emerg; N/A, Reg; August 16,
2011, Susp.
July 25, 1975, Emerg; August 10, 1979, Reg; August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
170291
Iroquois, Village of, Iroquois County
170793
Iroquois County, Unincorporated
Areas.
Milford, Village of, Iroquois County ...
170731
Thawville, Village of, Iroquois County
170913
Watseka, City of, Iroquois County ....
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Cissna Park, Village of, Iroquois
County.
Crescent City, Village of, Iroquois
County.
Gilman, City of, Iroquois County .......
170289
170297
Woodland, Village of, Iroquois County.
Michigan:
Alaiedon, Township of, Ingham
County.
Aurelius, Township of, Ingham County.
Delhi, Charter Township of, Ingham
County.
Lansing, Charter Township of,
Ingham County.
Lansing, City of, Ingham County .......
170819
170293
170294
260670
261321
260088
260632
260090
Leroy, Township of, Ingham County
260906
Leslie, City of, Ingham County ..........
260091
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Aug. 16, 2011.
49331
Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations
Community
No.
State and location
Locke, Township of, Ingham County
260671
Mason, City of, Ingham County ........
260092
Meridian, Charter Township of,
Ingham County.
Stockbridge, Township of, Ingham
County.
Stockbridge, Village of, Ingham
County.
Webberville, Village of, Ingham
County.
White Oak, Township of, Ingham
County.
Williamston, City of, Ingham County
260093
Williamstown, Township of, Ingham
County.
Minnesota:
Benton
County,
Unincorporated
Areas.
Foley, City of, Benton County ...........
260095
Royalton, City of, Benton County ......
270303
Sartell, City of, Benton County ..........
270460
Sauk Rapids, City of, Benton County
270023
St. Cloud, City of, Benton County .....
270456
Ohio:
Berkey, Village of, Lucas County ......
390901
261326
260573
260416
260417
260094
270019
270020
390199
Lore City, Village of, Guernsey
County.
Lucas County, Unincorporated Areas
390202
Maumee, City of, Lucas County ........
390360
Oregon, City of, Lucas County ..........
390361
Ottawa Hills, Village of, Lucas County.
Pleasant City, Village of, Guernsey
County.
Quaker City, Village of, Guernsey
County.
Sencecaville, Village of, Guernsey
County.
Swanton, Village of, Lucas County ...
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Byesville, Village of, Guernsey County.
Cumberland, Village of, Guernsey
County.
Harbor View, Village of, Lucas County.
Holland, Village of, Lucas County .....
390362
Sylvania, City of, Lucas County ........
390364
Toledo, City of, Lucas County ...........
395373
Waterville, Village of, Lucas County
390637
Whitehouse, Village of, Lucas County.
Wisconsin:
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390824
390702
390659
390359
390203
390853
390858
390632
390639
PO 00000
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of sale of
flood insurance in community
Current effective map date
April 14, 1976, Emerg; August 10, 1979, Reg;
August 16, 2011, Susp.
April 24, 1975, Emerg; October 15, 1982, Reg;
August 16, 2011, Susp.
December 30, 1971, Emerg; February 2, 1977,
Reg; August 16, 2011, Susp.
August 30, 2010, Emerg; N/A, Reg; August 16,
2011, Susp.
January 19, 1977, Emerg; September 4, 1986,
Reg; August 16, 2011, Susp.
June 24, 1976, Emerg; August 10, 1979, Reg;
August 16, 2011, Susp.
April 28, 1988, Emerg; July 16, 1990, Reg; August 16, 2011, Susp.
July 24, 1975, Emerg; April 1, 1982, Reg; August
16, 2011, Susp.
January 27, 1977, Emerg; April 15, 1982, Reg;
August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
August 13, 1974, Emerg; January 2, 1981, Reg;
August 16, 2011, Susp.
May 2, 1974, Emerg; September 18, 1985, Reg;
August 16, 2011, Susp.
April 5, 1974, Emerg; March 28, 1980, Reg; August 16, 2011, Susp.
July 5, 1974, Emerg; February 15, 1980, Reg;
August 16, 2011, Susp.
June 18, 1973, Emerg; October 14, 1977, Reg;
August 16, 2011, Susp.
March 31, 1972, Emerg; April 1, 1977, Reg; August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
N/A, Emerg; March 8, 2005, Reg; August 16,
2011, Susp.
June 17, 1975, Emerg; February 17, 1989, Reg;
August 16, 2011, Susp.
October 26, 1988, Emerg; February 17, 1989,
Reg; August 16, 2011, Susp.
October 8, 1976, Emerg; May 25, 1978, Reg; August 16, 2011, Susp.
March 13, 1975, Emerg; September 22, 1978,
Reg; August 16, 2011, Susp.
March 25, 1976, Emerg; February 17, 1989, Reg;
August 16, 2011, Susp.
March 9, 1977, Emerg; March 16, 1983, Reg;
August 16, 2011, Susp.
July 25, 1975, Emerg; March 28, 1980, Reg; August 16, 2011, Susp.
March 16, 1973, Emerg; March 15, 1978, Reg;
August 16, 2011, Susp.
October 24, 1975, Emerg; June 4, 1980, Reg;
August 16, 2011, Susp.
April 7, 1976, Emerg; January 5, 1979, Reg; August 16, 2011, Susp.
August 28, 1980, Emerg; February 17, 1989,
Reg; August 16, 2011, Susp.
September 15, 1989, Emerg; September 15,
1989, Reg; August 16, 2011, Susp.
N/A, Emerg; April 9, 1996, Reg; August 16,
2011, Susp.
February 18, 1972, Emerg; July 5, 1977, Reg;
August 16, 2011, Susp.
December 18, 1970, Emerg; June 4, 1980, Reg;
August 16, 2011, Susp.
April 9, 1975, Emerg; January 2, 1981, Reg; August 16, 2011, Susp.
August 27, 1975, Emerg; May 19, 1981, Reg;
August 16, 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 ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations
Community
No.
State and location
Lincoln
County,
Unincorporated
Areas.
Merrill, City of, Lincoln County ..........
550585
Tomahawk, City of, Lincoln County ..
550235
Region VI
Texas:
Brenham, City of, Washington County.
Huntsville, City of, Walker County ....
480648
555565
480639
Montague County, Unincorporated
Areas.
Nocona, City of, Montague County ...
480939
Paris, City of, Lamar County .............
480427
Reno, City of, Lamar County ............
481254
Riverside, City of, Walker County .....
481044
Walker
County,
Unincorporated
Areas.
Washington County, Unincorporated
Areas.
481042
Region VII
Iowa:
Elgin, City of, Fayette County ...........
480482
481188
190125
Fayette
County,
Unincorporated
Areas.
Fayette, City of, Fayette County .......
190866
190376
Maynard, City of, Fayette County .....
190377
Oelwein, City of, Fayette County ......
190126
Waucoma, City of, Fayette County ...
190381
What Cheer, City of, Keokuk County
190179
Nebraska:
Butler County, Unincorporated Areas
310025
Bruno, Village of, Butler County ........
310027
Linwood, Village of, Butler County ....
310028
Surprise, Village of, Butler County ....
310408
Ulysses, Village of, Butler County .....
310029
Current effective map date
March 8, 1976, Emerg; February 19, 1986, Reg;
August 16, 2011, Susp.
April 9, 1971, Emerg; July 20, 1973, Reg; August
16, 2011, Susp.
November 29, 1974, Emerg; September 4, 1985,
Reg; August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
December 31, 1974, Emerg; August 17, 1981,
Reg; August 16, 2011, Susp.
January 20, 1975, Emerg; February 4, 1981,
Reg; August 16, 2011, Susp.
August 30, 1982, Emerg; January 17, 1991, Reg;
August 16, 2011, Susp.
July 22, 1975, Emerg; November 21, 1978, Reg;
August 16, 2011, Susp.
February 25, 1972, Emerg; December 15, 1983,
Reg; August 16, 2011, Susp.
January 9, 1980, Emerg; September 28, 1982,
Reg; August 16, 2011, Susp.
June 28, 2000, Emerg; November 1, 2007, Reg;
August 16, 2011, Susp.
August 18, 1978, Emerg; May 1, 1987, Reg; August 16, 2011, Susp.
January 16, 2001, Emerg; December 1, 2007,
Reg; August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
June 18, 1975, Emerg; August 4, 1987, Reg; August 16, 2011, Susp.
November 27, 1990, Emerg; July 1, 1991, Reg;
August 16, 2011, Susp.
April 27, 1978, Emerg; September 1, 1987, Reg;
August 16, 2011, Susp.
September 29, 1976, Emerg; August 1, 1986,
Reg; August 16, 2011, Susp.
October 14, 1975, Emerg; July 4, 1988, Reg; August 16, 2011, Susp.
July 15, 1983, Emerg; September 29, 1986, Reg;
August 16, 2011, Susp.
January 28, 1976, Emerg; August 1, 1987, Reg;
August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
October 29, 1998, Emerg; N/A, Reg; August 16,
2011, Susp.
June 4, 1975, Emerg; January 1, 1987, Reg; August 16, 2011, Susp.
May 25, 1976, Emerg; January 1, 1987, Reg; August 16, 2011, Susp.
July 22, 2009, Emerg; N/A, Reg; August 16,
2011, Susp.
May 6, 1975, Emerg; October 31, 1983, Reg; August 16, 2011, Susp.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
......do ...........
do.
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*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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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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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations
Dated: July 29, 2011
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
C. Final Regulatory Flexibility Analysis
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
III. Discussion
3. As required by the Regulatory
Flexibility Act of 1980 (‘‘RFA’’),2 the
Commission has prepared a Final
Regulatory Flexibility Analysis
(‘‘FRFA’’) relating to this Report and
Order. The FRFA is set forth in the
section entitled Final Regulatory
Flexibility Analysis.
[FR Doc. 2011–20279 Filed 8–9–11; 8:45 am]
5. On May 3, 2011, we released a
Notice of Proposed Rulemaking (‘‘FY
2011 NPRM’’) seeking comment on
regulatory fee issues for FY 2011.5 The
section 9 regulatory fee proceeding is an
annual rulemaking process for the
Commission to collect the required fee
amount each year. In the FY 2011
NPRM, we proposed to retain the
section 9 regulatory fee methodology
used in prior fiscal years, except as
discussed below. We received six
comments and one reply comment.6 We
address the issues raised in our FY 2011
NPRM and these comments below.
II. Report and Order
47 CFR Part 1
Introduction
[MD Docket No. 11–76; FCC 11–114]
4. In this Report and Order, we
conclude the Assessment and Collection
of Regulatory Fees for Fiscal Year
(‘‘FY’’) 2011 proceeding to collect
$335,794,000 in regulatory fees for
Fiscal Year (‘‘FY’’) 2011, pursuant to
section 9 of the Communications Act of
1934, as amended (the ‘‘Act’’). Section
9 regulatory fees are mandated by
Congress and are collected to recover
the regulatory costs associated with the
Commission’s enforcement, policy and
rulemaking, user information, and
international activities.3 The annual
regulatory fee amount to be collected is
established each year in the
Commission’s Annual Appropriations
Act which is adopted by Congress and
signed by the President and which
funds the Commission.4 In this annual
regulatory fee proceeding, we retain
many of the established methods,
policies, and procedures for collecting
section 9 regulatory fees adopted by the
Commission in prior years. Consistent
with our established practice, we intend
to collect these regulatory fees during a
September 2011 filing window in order
to collect the required amount by the
end of our fiscal year. Finally, we will
initiate a further rulemaking that will
update the record on regulatory fee
rebalancing, as well as expand this
inquiry to include new issues and
services, by the end of this calendar
year.
Assessment and Collection of
Regulatory Fees for Fiscal Year 2011
Federal Communications
Commission.
AGENCY:
ACTION:
Final rule.
The Commission revises its
Schedule of Regulatory Fees to recover
an amount of $335,794,000 that
Congress has required the Commission
to collect for fiscal year 2011. The
Communications Act of 1934, as
amended, provides for the annual
assessment and collection of regulatory
fees for annual ‘‘Mandatory
Adjustments’’ and ‘‘Permitted
Amendments’’ to the Schedule of
Regulatory Fees.
SUMMARY:
DATES:
Effective September 9, 2011.
FOR FURTHER INFORMATION CONTACT:
Roland Helvajian, Office of Managing
Director at (202) 418–0444.
This is a
summary of the Commission’s Report
and Order (R&O), FCC 11–114, MD
Docket No. 11–76, adopted on July 21,
2011 and released on July 22, 2011.
SUPPLEMENTARY INFORMATION:
I. Procedural Matters
A. Final Paperwork Reduction Act
1. This Report and Order does not
contain any new or modified
information collection burden for small
business concerns with fewer than 25
employees, pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
mstockstill on DSK4VPTVN1PROD with RULES
B. Congressional Review Act Analysis
2. The Commission will send a copy
of this Report and Order to Congress
and the Government Accountability
Office pursuant to the Congressional
Review Act.1
1 See
5 U.S.C. 801(a)(1)(A). The Congressional
Review Act is contained in Title II, 251, of the
CWAAA; see Pub. L. No. 104–121, Title II, 251, 110
Stat. 868.
VerDate Mar<15>2010
16:51 Aug 09, 2011
Jkt 223001
49333
2 See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601–
612, has been amended by the Small Business
Regulatory Enforcement Fairness Act of 1996
(‘‘SBREFA’’), Pub. L. No. 104–121, Title II, 110 Stat.
847 (1996). The SBREFA was enacted as Title II of
the Contract With America Advancement Act of
1996 (‘‘CWAAA’’).
3 47 U.S.C. 159(a).
4 See The Full-Year Continuing Appropriations
Act, 2011, Public Law 112–10, for the
appropriations act language specifying that the
applicable level of funding for fiscal year 2011
continues to be the amount provided by the
Consolidated Appropriations Act, 2010, Public Law
111–117, for agencies previously funded by that
Act. The level set by Congress in the Consolidated
Appropriations Act, 2010 for the Commission was
$335,794,000 of offsetting collections to be assessed
and collected by the Commission pursuant to
Section 9 of the Communications Act.
PO 00000
Frm 00055
Fmt 4700
Sfmt 4700
TABLE—LIST OF COMMENTERS
Commenter
American Association of
Paging Carriers.
Raymond Awe .................
CTIA—The Wireless Association.
PCIA—The Wireless Infrastructure Association.
The United States
Telecom Association.
Verizon Wireless ..............
Abbreviated
name
‘‘AAPC’’
‘‘Raymond Awe’’
‘‘CTIA’’
‘‘PCIA’’
‘‘USTelecom’’
‘‘Verizon’’
TABLE—LIST OF REPLY COMMENTERS
Commenter
AT&T Inc ..........................
Abbreviated
name
‘‘AT&T’’
A. FY 2011 Regulatory Fee Assessment
Methodology
6. In our FY 2011 regulatory fee
assessment, we will use the same
section 9 regulatory fee assessment
methodology adopted in FY 2010 and in
prior years. Each fiscal year, the
Commission proportionally allocates the
total amount that must be collected via
section 9 regulatory fees. The results of
our FY 2011 regulatory fee assessment
methodology (including a comparison to
the prior year’s results) are contained in
the table below (Table—Calculation of
FY 2011 Revenue Requirements and
Pro-Rata Fees). To collect the
$335,794,000 required by Congress, we
allocated this amount across the various
fee categories. Consistent with past
practice, we then divided the various
fee categories by their respective
number of estimated payment units to
5 See Assessment and Collection of Regulatory
Fees for Fiscal Year 2011, Notice of Proposed
Rulemaking, 76 FR 30605 (May 26, 2011) (‘‘FY 2011
NPRM’’).
6 See table of commenters and reply commenters.
E:\FR\FM\10AUR1.SGM
10AUR1
Agencies
[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49329-49333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20279]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8191]
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 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,
[[Page 49330]]
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/ Date certain Federal
State and location Community cancellation of sale Current effective assistance no longer
No. of flood insurance in map date available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region III
Virginia: Hampton, City of, 515527 March 27, 1970, Emerg; Aug. 16, 2011..... Aug. 16, 2011.
Independent City. January 15, 1971,
Reg; August 16, 2011,
Susp.
Region IV
Alabama: Heflin, City of, 010043 May 28, 1975, Emerg; ......do*......... do.
Cleburne County. July 5, 1982, Reg;
August 16, 2011,
Susp.
Mississippi:
Mize, Town of, Smith 280160 July 26, 1976, Emerg; ......do.......... do.
County. January 1, 1986, Reg;
August 16, 2011,
Susp.
Smith County, 280306 June 8, 1990, Emerg; ......do.......... do.
Unincorporated Areas. July 1, 1991, Reg;
August 16, 2011,
Susp.
Taylorsville, Town of, 280161 July 28, 1975, Emerg; ......do.......... do.
Smith County. June 17, 1986, Reg;
August 16, 2011,
Susp.
Region V
Illinois:
Ashkum, Village of, 170287 June 16, 1975, Emerg; ......do.......... do.
Iroquois County. April 20, 1979, Reg;
August 16, 2011,
Susp.
Cissna Park, Village of, 170289 June 13, 1975, Emerg; ......do.......... do.
Iroquois County. September 29, 1986,
Reg; August 16, 2011,
Susp.
Crescent City, Village of, 170291 December 26, 1974, ......do.......... do.
Iroquois County. Emerg; September 1,
1987, Reg; August 16,
2011, Susp.
Gilman, City of, Iroquois 170293 July 28, 1975, Emerg; ......do.......... do.
County. September 1, 1987,
Reg; August 16, 2011,
Susp.
Iroquois, Village of, 170793 April 11, 1975, Emerg; ......do.......... do.
Iroquois County. September 4, 1985,
Reg; August 16, 2011,
Susp.
Iroquois County, 170731 December 17, 1973, ......do.......... do.
Unincorporated Areas. Emerg; September 30,
1988, Reg; August 16,
2011, Susp.
Milford, Village of, 170294 April 10, 1975, Emerg; ......do.......... do.
Iroquois County. September 29, 1986,
Reg; August 16, 2011,
Susp.
Thawville, Village of, 170913 January 2, 1976, ......do.......... do.
Iroquois County. Emerg; August 1,
1986, Reg; August 16,
2011, Susp.
Watseka, City of, Iroquois 170297 December 10, 1974, ......do.......... do.
County. Emerg; June 15, 1979,
Reg; August 16, 2011,
Susp.
Woodland, Village of, 170819 June 25, 1975, Emerg; ......do.......... do.
Iroquois County. September 30, 1988,
Reg; August 16, 2011,
Susp.
Michigan:
Alaiedon, Township of, 260670 April 9, 1976, Emerg; ......do.......... do.
Ingham County. September 28, 1979,
Reg; August 16, 2011,
Susp.
Aurelius, Township of, 261321 January 4, 2011, ......do.......... do.
Ingham County. Emerg; N/A, Reg;
August 16, 2011,
Susp.
Delhi, Charter Township 260088 September 15, 1975, ......do.......... do.
of, Ingham County. Emerg; July 16, 1981,
Reg; August 16, 2011,
Susp.
Lansing, Charter Township 260632 August 25, 1975, ......do.......... do.
of, Ingham County. Emerg; February 4,
1981, Reg; August 16,
2011, Susp.
Lansing, City of, Ingham 260090 March 9, 1973, Emerg; ......do.......... do.
County. March 2, 1981, Reg;
August 16, 2011,
Susp.
Leroy, Township of, Ingham 260906 April 19, 1993, Emerg; ......do.......... do.
County. N/A, Reg; August 16,
2011, Susp.
Leslie, City of, Ingham 260091 July 25, 1975, Emerg; ......do.......... do.
County. August 10, 1979, Reg;
August 16, 2011,
Susp.
[[Page 49331]]
Locke, Township of, Ingham 260671 April 14, 1976, Emerg; ......do.......... do.
County. August 10, 1979, Reg;
August 16, 2011,
Susp.
Mason, City of, Ingham 260092 April 24, 1975, Emerg; ......do.......... do.
County. October 15, 1982,
Reg; August 16, 2011,
Susp.
Meridian, Charter Township 260093 December 30, 1971, ......do.......... do.
of, Ingham County. Emerg; February 2,
1977, Reg; August 16,
2011, Susp.
Stockbridge, Township of, 261326 August 30, 2010, ......do.......... do.
Ingham County. Emerg; N/A, Reg;
August 16, 2011,
Susp.
Stockbridge, Village of, 260573 January 19, 1977, ......do.......... do.
Ingham County. Emerg; September 4,
1986, Reg; August 16,
2011, Susp.
Webberville, Village of, 260416 June 24, 1976, Emerg; ......do.......... do.
Ingham County. August 10, 1979, Reg;
August 16, 2011,
Susp.
White Oak, Township of, 260417 April 28, 1988, Emerg; ......do.......... do.
Ingham County. July 16, 1990, Reg;
August 16, 2011,
Susp.
Williamston, City of, 260094 July 24, 1975, Emerg; ......do.......... do.
Ingham County. April 1, 1982, Reg;
August 16, 2011,
Susp.
Williamstown, Township of, 260095 January 27, 1977, ......do.......... do.
Ingham County. Emerg; April 15,
1982, Reg; August 16,
2011, Susp.
Minnesota:
Benton County, 270019 August 13, 1974, ......do.......... do.
Unincorporated Areas. Emerg; January 2,
1981, Reg; August 16,
2011, Susp.
Foley, City of, Benton 270020 May 2, 1974, Emerg; ......do.......... do.
County. September 18, 1985,
Reg; August 16, 2011,
Susp.
Royalton, City of, Benton 270303 April 5, 1974, Emerg; ......do.......... do.
County. March 28, 1980, Reg;
August 16, 2011,
Susp.
Sartell, City of, Benton 270460 July 5, 1974, Emerg; ......do.......... do.
County. February 15, 1980,
Reg; August 16, 2011,
Susp.
Sauk Rapids, City of, 270023 June 18, 1973, Emerg; ......do.......... do.
Benton County. October 14, 1977,
Reg; August 16, 2011,
Susp.
St. Cloud, City of, Benton 270456 March 31, 1972, Emerg; ......do.......... do.
County. April 1, 1977, Reg;
August 16, 2011,
Susp.
Ohio:
Berkey, Village of, Lucas 390901 N/A, Emerg; March 8, ......do.......... do.
County. 2005, Reg; August 16,
2011, Susp.
Byesville, Village of, 390199 June 17, 1975, Emerg; ......do.......... do.
Guernsey County. February 17, 1989,
Reg; August 16, 2011,
Susp.
Cumberland, Village of, 390824 October 26, 1988, ......do.......... do.
Guernsey County. Emerg; February 17,
1989, Reg; August 16,
2011, Susp.
Harbor View, Village of, 390702 October 8, 1976, ......do.......... do.
Lucas County. Emerg; May 25, 1978,
Reg; August 16, 2011,
Susp.
Holland, Village of, Lucas 390659 March 13, 1975, Emerg; ......do.......... do.
County. September 22, 1978,
Reg; August 16, 2011,
Susp.
Lore City, Village of, 390202 March 25, 1976, Emerg; ......do.......... do.
Guernsey County. February 17, 1989,
Reg; August 16, 2011,
Susp.
Lucas County, 390359 March 9, 1977, Emerg; ......do.......... do.
Unincorporated Areas. March 16, 1983, Reg;
August 16, 2011,
Susp.
Maumee, City of, Lucas 390360 July 25, 1975, Emerg; ......do.......... do.
County. March 28, 1980, Reg;
August 16, 2011,
Susp.
Oregon, City of, Lucas 390361 March 16, 1973, Emerg; ......do.......... do.
County. March 15, 1978, Reg;
August 16, 2011,
Susp.
Ottawa Hills, Village of, 390362 October 24, 1975, ......do.......... do.
Lucas County. Emerg; June 4, 1980,
Reg; August 16, 2011,
Susp.
Pleasant City, Village of, 390203 April 7, 1976, Emerg; ......do.......... do.
Guernsey County. January 5, 1979, Reg;
August 16, 2011,
Susp.
Quaker City, Village of, 390853 August 28, 1980, ......do.......... do.
Guernsey County. Emerg; February 17,
1989, Reg; August 16,
2011, Susp.
Sencecaville, Village of, 390858 September 15, 1989, ......do.......... do.
Guernsey County. Emerg; September 15,
1989, Reg; August 16,
2011, Susp.
Swanton, Village of, Lucas 390632 N/A, Emerg; April 9, ......do.......... do.
County. 1996, Reg; August 16,
2011, Susp.
Sylvania, City of, Lucas 390364 February 18, 1972, ......do.......... do.
County. Emerg; July 5, 1977,
Reg; August 16, 2011,
Susp.
Toledo, City of, Lucas 395373 December 18, 1970, ......do.......... do.
County. Emerg; June 4, 1980,
Reg; August 16, 2011,
Susp.
Waterville, Village of, 390637 April 9, 1975, Emerg; ......do.......... do.
Lucas County. January 2, 1981, Reg;
August 16, 2011,
Susp.
Whitehouse, Village of, 390639 August 27, 1975, ......do.......... do.
Lucas County. Emerg; May 19, 1981,
Reg; August 16, 2011,
Susp.
Wisconsin:
[[Page 49332]]
Lincoln County, 550585 March 8, 1976, Emerg; ......do.......... do.
Unincorporated Areas. February 19, 1986,
Reg; August 16, 2011,
Susp.
Merrill, City of, Lincoln 555565 April 9, 1971, Emerg; ......do.......... do.
County. July 20, 1973, Reg;
August 16, 2011,
Susp.
Tomahawk, City of, Lincoln 550235 November 29, 1974, ......do.......... do.
County. Emerg; September 4,
1985, Reg; August 16,
2011, Susp.
Region VI
Texas:
Brenham, City of, 480648 December 31, 1974, ......do.......... do.
Washington County. Emerg; August 17,
1981, Reg; August 16,
2011, Susp.
Huntsville, City of, 480639 January 20, 1975, ......do.......... do.
Walker County. Emerg; February 4,
1981, Reg; August 16,
2011, Susp.
Montague County, 480939 August 30, 1982, ......do.......... do.
Unincorporated Areas. Emerg; January 17,
1991, Reg; August 16,
2011, Susp.
Nocona, City of, Montague 480482 July 22, 1975, Emerg; ......do.......... do.
County. November 21, 1978,
Reg; August 16, 2011,
Susp.
Paris, City of, Lamar 480427 February 25, 1972, ......do.......... do.
County. Emerg; December 15,
1983, Reg; August 16,
2011, Susp.
Reno, City of, Lamar 481254 January 9, 1980, ......do.......... do.
County. Emerg; September 28,
1982, Reg; August 16,
2011, Susp.
Riverside, City of, Walker 481044 June 28, 2000, Emerg; ......do.......... do.
County. November 1, 2007,
Reg; August 16, 2011,
Susp.
Walker County, 481042 August 18, 1978, ......do.......... do.
Unincorporated Areas. Emerg; May 1, 1987,
Reg; August 16, 2011,
Susp.
Washington County, 481188 January 16, 2001, ......do.......... do.
Unincorporated Areas. Emerg; December 1,
2007, Reg; August 16,
2011, Susp.
Region VII
Iowa:
Elgin, City of, Fayette 190125 June 18, 1975, Emerg; ......do.......... do.
County. August 4, 1987, Reg;
August 16, 2011,
Susp.
Fayette County, 190866 November 27, 1990, ......do.......... do.
Unincorporated Areas. Emerg; July 1, 1991,
Reg; August 16, 2011,
Susp.
Fayette, City of, Fayette 190376 April 27, 1978, Emerg; ......do.......... do.
County. September 1, 1987,
Reg; August 16, 2011,
Susp.
Maynard, City of, Fayette 190377 September 29, 1976, ......do.......... do.
County. Emerg; August 1,
1986, Reg; August 16,
2011, Susp.
Oelwein, City of, Fayette 190126 October 14, 1975, ......do.......... do.
County. Emerg; July 4, 1988,
Reg; August 16, 2011,
Susp.
Waucoma, City of, Fayette 190381 July 15, 1983, Emerg; ......do.......... do.
County. September 29, 1986,
Reg; August 16, 2011,
Susp.
What Cheer, City of, 190179 January 28, 1976, ......do.......... do.
Keokuk County. Emerg; August 1,
1987, Reg; August 16,
2011, Susp.
Nebraska:
Butler County, 310025 October 29, 1998, ......do.......... do.
Unincorporated Areas. Emerg; N/A, Reg;
August 16, 2011,
Susp.
Bruno, Village of, Butler 310027 June 4, 1975, Emerg; ......do.......... do.
County. January 1, 1987, Reg;
August 16, 2011,
Susp.
Linwood, Village of, 310028 May 25, 1976, Emerg; ......do.......... do.
Butler County. January 1, 1987, Reg;
August 16, 2011,
Susp.
Surprise, Village of, 310408 July 22, 2009, Emerg; ......do.......... do.
Butler County. N/A, Reg; August 16,
2011, Susp.
Ulysses, Village of, 310029 May 6, 1975, Emerg; ......do.......... do.
Butler County. October 31, 1983,
Reg; August 16, 2011,
Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 49333]]
Dated: July 29, 2011
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-20279 Filed 8-9-11; 8:45 am]
BILLING CODE 9110-12-P