Suspension of Community Eligibility, 49329-49333 [2011-20279]

Download as PDF 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: ■ mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:51 Aug 09, 2011 Jkt 223001 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 Frm 00051 Fmt 4700 Sfmt 4700 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, E:\FR\FM\10AUR1.SGM 10AUR1 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 .... mstockstill on DSK4VPTVN1PROD with RULES 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 VerDate Mar<15>2010 16:51 Aug 09, 2011 Jkt 223001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM 10AUR1 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 ... mstockstill on DSK4VPTVN1PROD with RULES 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: VerDate Mar<15>2010 16:51 Aug 09, 2011 Jkt 223001 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. Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\10AUR1.SGM 10AUR1 49332 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. mstockstill on DSK4VPTVN1PROD with RULES *......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. VerDate Mar<15>2010 16:51 Aug 09, 2011 Jkt 223001 PO 00000 Date certain Federal assistance no longer available in SFHAs Effective date authorization/cancellation of sale of flood insurance in community Frm 00054 Fmt 4700 Sfmt 9990 E:\FR\FM\10AUR1.SGM 10AUR1 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]


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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.

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SUMMARY: This rule identifies communities, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that are scheduled for 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
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