Suspension of Community Eligibility, 59266-59268 [2011-24691]
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59266
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations
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Register to provide a period for public
comment before the provisions of a rule
take effect in accordance with section
553(b) of the Administrative Procedure
Act (APA) (5 U.S.C. 553(b)). However,
we can waive this notice and comment
procedure if we find, for good cause,
that the notice and comment process is
impracticable, unnecessary, or contrary
to the public interest, and incorporate a
statement of the finding and the reasons
therefore in the document.
We also ordinarily provide a 30-day
delay in the effective date of the
provisions of a notice in accordance
with section 553(d) of the APA (5 U.S.C.
553(d)). However, we can waive this
delay if we find good cause and publish
in the notice an explanation of our good
cause.
We find for good cause that it is
unnecessary to undertake notice and
comment rulemaking because this
document merely provides technical
corrections to the FY 2012 SNF PPS
final rule. We are not making
substantive changes to our payment
methodologies or policies, but rather,
are simply implementing correctly the
payment methodologies and policies
that we previously proposed, received
comment on, and subsequently
finalized. This correction document is
intended solely to ensure that the FY
2012 SNF PPS final rule accurately
reflects these payment methodologies
and policies. Therefore, we believe that
undertaking further notice and comment
rulemaking activity in connection with
it would be unnecessary and contrary to
the public interest.
Further, we believe a delayed
effective date is unnecessary because
this correction document merely
corrects inadvertent technical errors.
The changes noted above do not make
any substantive changes to the SNF PPS
payment methodologies or policies.
Moreover, we regard imposing a delay
in the effective date as being contrary to
the public interest. We believe that it is
in the public interest for providers to
receive appropriate SNF PPS payments
in as timely a manner as possible and
to ensure that the FY 2012 SNF PPS
final rule accurately reflects our
payment methodologies, payment rates,
and policies. Therefore, we find good
cause to waive notice and comment
procedures, as well as the 30-day delay
in effective date.
IV. Correction of Errors
In FR Doc. 2011–19544 of August 8,
2011 (76 FR 48486), make the following
corrections:
1. On page 48546, in Table A (‘‘FY
2012 Wage Index for Urban Areas Based
on CBSA Labor Market Areas’’), in the
VerDate Mar<15>2010
06:33 Sep 24, 2011
Jkt 223001
first set of columns, in the eighth row
(CBSA 20020), third column, the wage
index ‘‘0.7130’’ is corrected to read
‘‘0.7390’’.
2. On page 48552, in Table A, in the
second set of columns, in the fifth row
(CBSA 33740), third column, the wage
index ‘‘0.7915’’ is corrected to read
‘‘0.7964’’.
3. On page 48561, in Table B (‘‘FY
2012 Wage Index Based on CBSA Labor
Market Areas for Rural Areas’’), in the
second set of columns, in the 19th row
(State Code 19 (Louisiana)), third
column, the wage index ‘‘0.7769’’ is
corrected to read ‘‘0.7749’’.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: September 16, 2011.
Barbara J. Holland,
Deputy Executive Secretary to the
Department.
[FR Doc. 2011–24670 Filed 9–23–11; 8:45 am]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–8199]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities, where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
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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
FOR FURTHER INFORMATION CONTACT:
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26SER1
59267
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations
the communities listed on the date
shown in the last column. The
Administrator finds that notice and
public comment under 5 U.S.C. 553(b)
are impracticable and unnecessary
because communities listed in this final
rule have been adequately notified.
Each community receives 6-month,
90-day, and 30-day notification letters
addressed to the Chief Executive Officer
stating that the community will be
suspended unless the required
floodplain management measures are
met prior to the effective suspension
date. Since these notifications were
made, this final rule may take effect
within less than 30 days.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR part 10,
Environmental Considerations. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Administrator has determined that this
rule is exempt from the requirements of
the Regulatory Flexibility Act because
the National Flood Insurance Act of
1968, as amended, 42 U.S.C. 4022,
prohibits flood insurance coverage
unless an appropriate public body
adopts adequate floodplain management
measures with effective enforcement
measures. The communities listed no
longer comply with the statutory
requirements, and after the effective
date, flood insurance will no longer be
available in the communities unless
remedial action takes place.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Community
No.
State and location
Region III
West Virginia: Doddridge County, Unincorporated Areas
West Union, Town of, Doddridge County.
Region VI
Texas:
Abilene, City of, Jones County ..............
540025
Anson, City of, Jones County ................
480401
Hamlin, City of, Jones County ...............
480402
Hawley, City of, Jones County ..............
480885
Jones County, Unincorporated Areas ...
480884
Region X
Alaska:
McGrath, City of, Yukon-Koyukuk Census Area.
540024
485450
020128
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Effective date
authorization/cancellation of sale of flood
insurance in
community
Current effective
map date
July 30, 1975, Emerg; March 18, 1991,
Reg; October 4, 2011, Susp.
March 7, 1975, Emerg; March 18, 1991,
Reg; October 4, 2011, Susp.
Oct. 4, 2011 ......
Oct. 4, 2011
......do ...............
Do.
June 19, 1970, Emerg; July 23, 1971, Reg;
October 4, 2011, Susp.
March 7, 1975, Emerg; May 25, 1978, Reg;
October 4, 2011, Susp.
October 15, 1974, Emerg; July 1, 1987,
Reg; October 4, 2011, Susp.
September 15, 1980, Emerg; July 1, 1987,
Reg; October 4, 2011, Susp.
June 15, 2000, Emerg; N/A, Reg; October
4, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
November 18, 2002, Emerg; N/A, Reg; October 4, 2011, Susp.
......do ...............
Do.
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Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Date certain
Federal assistance no longer
available in
SFHAs
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59268
Federal Register / Vol. 76, No. 186 / Monday, September 26, 2011 / Rules and Regulations
Sandra K. Knight,
Deputy Associate Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2011–24691 Filed 9–23–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2011–0002]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
SUMMARY:
bjneal on DSK5VPTVN1PROD with RULES
State and county
Alabama: Tuscaloosa, (FEMA
Docket No.: B–
1199).
Colorado: Arapahoe,
(FEMA Docket
No.: B–1199).
North Carolina:
Alamance,
(FEMA Docket No.: B–
1172).
Ashe, (FEMA
Docket No.:
B–1195).
VerDate Mar<15>2010
Location and case
No.
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified BFE
determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These modified BFEs are used to meet
the floodplain management
requirements of the NFIP and also are
SUPPLEMENTARY INFORMATION:
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings. The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
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 final rule involves no policies that
have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended to read as follows:
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
Date and name of newspaper
where notice was published
Chief executive officer of community
Effective date of modification
City of Tuscaloosa
(10–04–6941P).
April 4, 2011; April 11, 2011;
The Tuscaloosa News.
The Honorable Walter Maddox, Mayor,
City of Tuscaloosa, 2201 University
Boulevard, Tuscaloosa, AL 35401.
April 29, 2011 .................
010203
City of Aurora (10–
08–0937P).
March 17, 2011; March 24,
2011; The Aurora Sentinel.
The Honorable Ed Tauer, Mayor, City of
Aurora, 15151 East Alameda Parkway,
Aurora, CO 80012.
March 10, 2011 ..............
080002
Unincorporated
areas of Alamance
County (10–04–
6308P).
Unincorporated
areas of Ashe
County (10–04–
3410P).
October 27, 2010; November 3,
2010; The Times-News.
Mr. Craig F. Honeycutt, Alamance County
Manager, 124 West Elm Street, Graham, NC 27253.
March 3, 2011 ................
370001
February 18, 2011; February Mr. Dan McMillan, Ashe County Manager,
25, 2011; The Jefferson Post.
150 Government Circle, Suite 2500,
Jefferson, NC 28640.
June 27, 2011 ................
370007
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26SER1
Community
No.
]]>Agencies
[Federal Register Volume 76, Number 186 (Monday, September 26, 2011)]
[Rules and Regulations]
[Pages 59266-59268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24691]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8199]
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
[[Page 59267]]
the communities listed on the date shown in the last column. The
Administrator finds that notice and public comment under 5 U.S.C.
553(b) are impracticable and unnecessary because communities listed in
this final rule have been adequately notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
Executive Order 13132, Federalism. This rule involves no policies
that have federalism implications under Executive Order 13132.
Executive Order 12988, Civil Justice Reform. This rule meets the
applicable standards of Executive Order 12988.
Paperwork Reduction Act. This rule does not involve any collection
of information for purposes of the Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
0
1. The authority citation for part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
----------------------------------------------------------------------------------------------------------------
Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region III
West Virginia: Doddridge 540024 July 30, 1975, Oct. 4, 2011.......... Oct. 4, 2011
County, Unincorporated Areas Emerg; March 18,
1991, Reg;
October 4, 2011,
Susp.
West Union, Town of, 540025 March 7, 1975, ......do.............. Do.
Doddridge County. Emerg; March 18,
1991, Reg;
October 4, 2011,
Susp.
Region VI
Texas:
Abilene, City of, Jones 485450 June 19, 1970, ......do.............. Do.
County. Emerg; July 23,
1971, Reg;
October 4, 2011,
Susp.
Anson, City of, Jones 480401 March 7, 1975, ......do.............. Do.
County. Emerg; May 25,
1978, Reg;
October 4, 2011,
Susp.
Hamlin, City of, Jones 480402 October 15, 1974, ......do.............. Do.
County. Emerg; July 1,
1987, Reg;
October 4, 2011,
Susp.
Hawley, City of, Jones 480885 September 15, ......do.............. Do.
County. 1980, Emerg;
July 1, 1987,
Reg; October 4,
2011, Susp.
Jones County, 480884 June 15, 2000, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
October 4, 2011,
Susp.
Region X
Alaska:
McGrath, City of, Yukon- 020128 November 18, ......do.............. Do.
Koyukuk Census Area. 2002, Emerg; N/
A, Reg; October
4, 2011, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 59268]]
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-24691 Filed 9-23-11; 8:45 am]
BILLING CODE 9110-12-P
