Suspension of Community Eligibility, 61518-61519 [2012-24853]

Download as PDF 61518 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations Inert ingredients * Limits * * * Uses * * * § 180.930 Inert ingredients applied to animals; exemptions from the requirement of a tolerance. 3. In § 180.930, the table is amended by revising the following inert ingredient to read as follows: ■ * * * * * Inert ingredients Limits Uses * * * N,N-Bis-a-ethyl-w-hydroxypoly(oxy-1,2-ethanediyl) C8–C18 saturated and unsaturated alkylamines; the poly(oxy-1,2ethanediyl) content is 2–60 moles (CAS Reg. Nos. 10213–78– 2, 25307–17–9, 26635–92–7, 26635–93–8, 288259–52–9, 58253–49–9, 61790–82–7, 61791–14–8, 61791–24–0, 61791– 26–2, 61791–31–9, 61791–44–4, 68155–33–9, 68155–39–5, 68155–40–8,70955–14–5, 73246–96–5, 1266162–49–5). * * Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations. * * Surfactants, related adjuvants of surfactants * * * [FR Doc. 2012–24776 Filed 10–9–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2008–0020; Internal Agency Docket No. FEMA–8093] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: FEMA has scheduled one community for suspension because of its failure to adopt compliant floodplain management regulations under the National Flood Insurance Program (NFIP). If documentation is received from the community before the effective suspension date, indicating it has brought its floodplain management program into compliance with the NFIP requirements, FEMA will withdraw the suspension. DATES: Effective Dates: The effective date of the community’s scheduled suspension is the date listed in the fourth column of the following table. FOR FURTHER INFORMATION CONTACT: David Stearrett, Federal Insurance and Mitigation Administration, 1800 South Bell Street Arlington, VA 20598–3072, (202) 646–2953. SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP) enables property owners to rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:13 Oct 09, 2012 Jkt 229001 * * purchase flood insurance that is generally not otherwise available. In return, communities agree to adopt and implement local floodplain management regulations that contribute to protecting lives and reducing the risk of property damage from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized under the National Flood Insurance Program (42 U.S.C. 4001–4128) unless an appropriate public body adopts adequate floodplain management measures with effective administration and enforcement processes. The community listed in this notice currently has floodplain management regulations that are scheduled to lapse October 31, 2012. If the regulations lapse as scheduled, the community will no longer meet the NFIP requirements set forth at 44 CFR Part 59 et seq. Under 44 CFR 59.24(d), a community will be suspended from the NFIP for repealing its floodplain management regulations, allowing its regulations to lapse or amending its regulations so that they no longer meet the minimum requirements. Accordingly, FEMA is suspending the City of Philadelphia, Philadelphia County, Pennsylvania (‘‘the City’’) on the effective date in the fourth column of the table. As of that date, the purchase of new flood insurance policies or the renewal of existing flood insurance policies under the NFIP will no longer be available. FEMA will not suspend the City; however, if the community submits the documentation required by 44 CFR 59.24(d) to show that it has corrected the deficiencies and remedied the PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 * * violations identified in the Suspension letter to the maximum extent possible. This documentation must be received by FEMA before the actual suspension date. If the City successfully demonstrates its compliance with NFIP regulations, FEMA will continue its eligibility for the sale of NFIP insurance. In the interim, if you wish to determine whether FEMA has suspended the City on the suspension date, please contact the FEMA Region III office at (215) 931– 5532. Additional information may also be found at https://www.fema.gov/plan/ prevent/floodplain/nfipkeywords/ suspension.shtm. FEMA identified the special flood hazard areas (SFHAs) in this community by publishing a Flood Insurance Rate Map. The effective date of this map is indicated in the last column of the table. By law, no Federally regulated entity may provide financial assistance for acquisition or construction purposes for property located in a SFHA unless the community in which the property is located is participating in the NFIP (42 U.S.C. 4106(a)). The prohibition against certain types of Federal disaster assistance also becomes effective for the City on the date shown in the fourth column (42 U.S.C. 4106(b)). The Administrator finds that notice and public comment procedure under 5 U.S.C. 553(b) is impracticable and unnecessary because the community listed in this final rule has been adequately notified. The community received a Letter from FEMA Region III Administrator on March 2, 2012, advising the City it must submit compliant ordinance by May 31, 2012. The city submitted its ordinance; however, it has a sunset clause dated for E:\FR\FM\10OCR1.SGM 10OCR1 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations October 31, 2012. The City must produce adopted, compliant and signed floodplain management regulations without a sunset clause before the scheduled suspension date, November 1, 2012. FEMA addressed these notifications to the Mayor of the City Council indicating that we will suspend the City unless the City takes the required corrective actions before the scheduled suspension date. Because we have made these notifications, this final rule may take effect immediately on November 1, 2012. 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 State Philadelphia, City of, Philadelphia County. (Catalog of Federal Domestic Assistance No. 83.100, ‘‘Flood Insurance.’’) Dated: September 27, 2012. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2012–24853 Filed 10–9–12; 8:45 am] BILLING CODE 9110–12–P 46 CFR Part 502 [Docket No. 11–05] RIN 3072–AC43 Commission’s Rules of Practice and Procedure Federal Maritime Commission. Final rule. AGENCY: The Federal Maritime Commission revises its rules of practice and procedure to update and clarify the rules and to reduce the burden on parties to proceedings before the Commission. The Commission also amends the regulation with respect to its former employees to reflect changes rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 15:13 Oct 09, 2012 Jkt 229001 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: ■ 420757 November 1, 2012 ......................... January 17, 2007. On March 1, 2012, the Federal Maritime Commission (Commission) published a Notice of Proposed Rulemaking in the Federal Register proposing to revise Subparts E and L of the Commission’s Rules of Practice and Procedure. 77 FR 12528. The Notice was in continuance of the Commission’s efforts to modernize its rules for proceedings before the Commission and to reduce the burden on parties to proceedings before the Commission. II. Comments Two comments were received by the Commission from Winston & Strawn (Winston) and Cozen O’Connor (Cozen), law firms that have practiced before the Commission for many years. The Frm 00009 Flood insurance, Floodplains. Current effective map date in a relevant statute and the regulation for filing of documents containing confidential materials. DATES: Effective: November 12, 2012. FOR FURTHER INFORMATION CONTACT: Karen V. Gregory, Secretary, Federal Maritime Commission, 800 North Capitol Street, NW., Washington, DC 20573–0001, Phone: (202) 523–5725, Email: secretary@fmc.gov. SUPPLEMENTARY INFORMATION: PO 00000 List of Subjects in 44 CFR Part 64 Date certain Federal assistance no longer available in special flood hazard area and the sale of flood insurance no longer available in the community I. Background FEDERAL MARITIME COMMISSION 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. Community No. Location Region III Pennsylvania ................................... ACTION: 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 community listed no longer complies with the statutory requirements, and after the effective date, flood insurance will no longer be available in the community 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. 61519 Fmt 4700 Sfmt 4700 Commission has reviewed these comments and adopts some recommendations. Winston & Strawn’s Comments Winston opposes reduction of the time limit for replies to non-dispositive motions from 14 days to 7 days stating that it is ‘‘unnecessary, unfair and unduly burdensome’’ on attorneys who handle many cases and travel as part of their practice. Winston believes that it will do little to shorten the duration of cases and there is no evidence that the present period is responsible for any material delay in Commission proceedings. Winston also opposes the proposed 30 and 15 page limits for dispositive motions and replies, respectively, on the ground that such limits will severely restrict the ability of parties to make their case, particularly those involving complex issues. Winston suggests that no page limits be imposed on non-dispositive motions and that the same limit as exceptions, i.e., 50 pages, be imposed for dispositive motions. Winston also opposes the proposed limits on discovery, arguing such a limit would reduce access to evidence. Winston believes that the proposed limits of 20 depositions and 50 interrogatories are ‘‘woefully E:\FR\FM\10OCR1.SGM 10OCR1

Agencies

[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Pages 61518-61519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24853]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8093]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: FEMA has scheduled one community for suspension because of its 
failure to adopt compliant floodplain management regulations under the 
National Flood Insurance Program (NFIP). If documentation is received 
from the community before the effective suspension date, indicating it 
has brought its floodplain management program into compliance with the 
NFIP requirements, FEMA will withdraw the suspension.

DATES: Effective Dates: The effective date of the community's scheduled 
suspension is the date listed in the fourth column of the following 
table.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Federal Insurance and 
Mitigation Administration, 1800 South Bell Street Arlington, VA 20598-
3072, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP) 
enables property owners to purchase flood insurance that is generally 
not otherwise available. In return, communities agree to adopt and 
implement local floodplain management regulations that contribute to 
protecting lives and reducing the risk of property damage from future 
flooding. Section 1315 of the National Flood Insurance Act of 1968, as 
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized 
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless 
an appropriate public body adopts adequate floodplain management 
measures with effective administration and enforcement processes.
    The community listed in this notice currently has floodplain 
management regulations that are scheduled to lapse October 31, 2012. If 
the regulations lapse as scheduled, the community will no longer meet 
the NFIP requirements set forth at 44 CFR Part 59 et seq. Under 44 CFR 
59.24(d), a community will be suspended from the NFIP for repealing its 
floodplain management regulations, allowing its regulations to lapse or 
amending its regulations so that they no longer meet the minimum 
requirements. Accordingly, FEMA is suspending the City of Philadelphia, 
Philadelphia County, Pennsylvania (``the City'') on the effective date 
in the fourth column of the table. As of that date, the purchase of new 
flood insurance policies or the renewal of existing flood insurance 
policies under the NFIP will no longer be available.
    FEMA will not suspend the City; however, if the community submits 
the documentation required by 44 CFR 59.24(d) to show that it has 
corrected the deficiencies and remedied the violations identified in 
the Suspension letter to the maximum extent possible. This 
documentation must be received by FEMA before the actual suspension 
date. If the City successfully demonstrates its compliance with NFIP 
regulations, FEMA will continue its eligibility for the sale of NFIP 
insurance. In the interim, if you wish to determine whether FEMA has 
suspended the City on the suspension date, please contact the FEMA 
Region III office at (215) 931-5532. Additional information may also be 
found at https://www.fema.gov/plan/prevent/floodplain/nfipkeywords/suspension.shtm.
    FEMA identified the special flood hazard areas (SFHAs) in this 
community by publishing a Flood Insurance Rate Map. The effective date 
of this map is indicated in the last column of the table. By law, no 
Federally regulated entity may provide financial assistance for 
acquisition or construction purposes for property located in a SFHA 
unless the community in which the property is located is participating 
in the NFIP (42 U.S.C. 4106(a)). The prohibition against certain types 
of Federal disaster assistance also becomes effective for the City on 
the date shown in the fourth column (42 U.S.C. 4106(b)).
    The Administrator finds that notice and public comment procedure 
under 5 U.S.C. 553(b) is impracticable and unnecessary because the 
community listed in this final rule has been adequately notified. The 
community received a Letter from FEMA Region III Administrator on March 
2, 2012, advising the City it must submit compliant ordinance by May 
31, 2012. The city submitted its ordinance; however, it has a sunset 
clause dated for

[[Page 61519]]

October 31, 2012. The City must produce adopted, compliant and signed 
floodplain management regulations without a sunset clause before the 
scheduled suspension date, November 1, 2012.
    FEMA addressed these notifications to the Mayor of the City Council 
indicating that we will suspend the City unless the City takes the 
required corrective actions before the scheduled suspension date. 
Because we have made these notifications, this final rule may take 
effect immediately on November 1, 2012.
    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 community listed no longer complies 
with the statutory requirements, and after the effective date, flood 
insurance will no longer be available in the community 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:

----------------------------------------------------------------------------------------------------------------
                                                                      Date certain
                                                                   Federal assistance
                                                                        no longer
                                                                      available in
                                                        Community     special flood      Current effective  map
              State                     Location           No.       hazard area and              date
                                                                    the sale of flood
                                                                      insurance no
                                                                    longer available
                                                                    in the community
----------------------------------------------------------------------------------------------------------------
           Region III
Pennsylvania....................  Philadelphia, City       420757  November 1, 2012..  January 17, 2007.
                                   of, Philadelphia
                                   County.
----------------------------------------------------------------------------------------------------------------

(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: September 27, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-24853 Filed 10-9-12; 8:45 am]
BILLING CODE 9110-12-P
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