Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9111 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 12898 (59 FR 

7629, Feb. 16, 1994) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the applicable 8-hour ozone 

NAAQS which establishes the level of 

protection provided to human health or 

the environment. This rule will tighten 

the applicable volatility standard of 

gasoline during the summer resulting in 

slightly lower mobile source emissions. 

Therefore disproportionately high and 

adverse human health or environmental 

effects on minority or low-income 

populations are not an anticipated 

result. 

VII. Legal Authority and Statutory 

Provisions 

Authority for this final action is in 

sections 211(h) and 301(a) of the Clean 

Air Act, 42 U.S.C. 7545(h) and 7601(a). 

List of Subjects in 40 CFR Part 80 

Administrative practice and 

procedures, Air pollution control, 

Environmental protection, Fuel 

additives, Gasoline, Motor vehicle and 

motor vehicle engines, Motor vehicle 

pollution, Penalties, Reporting and 

recordkeeping requirements. 

Dated: February 19, 2010. 

Lisa P. Jackson, 

Administrator. 

■ Title 40, chapter I, part 80 of the Code 

of Federal Regulations is amended as 

follows: 

PART 80—[AMENDED] 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7545 and 

7601(a). 

■ 2. In § 80.27(a)(2)(ii), the table is 

amended by revising the entry for 

Colorado and footnote 2 to read as 

follows: 

§ 80.27 Controls and prohibitions on 

gasoline volatility. 

(a) * * * 

(2) * * * 

(ii) * * * 

APPICABLE STANDARDS 1 1992 AND SUBSEQUENT YEARS

State May June July August September 

* * * * * * * 

Colorado 2 ............................................................................. 9.0 7.8 7.8 7.8 7.8 

* * * * * * * 

1Standards are expressed in pounds per square inch (psi). 

2The Colorado Covered Area encompasses the Denver-Boulder-Greeley-Ft. Collins-Loveland, CO, 8-hour ozone nonattainment area (see 40 

CFR part 81). 

* * * * * 

[FR Doc. 2010–4085 Filed 2–26–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8121] 

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 

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9112 Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 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: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region IV 

Alabama: 

Bayou La Batre, City of, Mobile County 015001 July 30, 1971, Emerg; March 17, 1972, 

Reg; March 17, 2010, Susp.

March 17, 2010 March 17, 2010. 

Citronelle, City of, Mobile County .......... 010277 July 23, 1975, Emerg; June 17, 1977, Reg; 

March 17, 2010, Susp.

......do ............... -do.- 

Creola, City of, Mobile County .............. 010409 December 31, 1981, Emerg; December 31, 

1981, Reg; March 17, 2010, Susp.

......do ............... -do.- 

Dauphin Island, Town of, Mobile County.010418 December 11, 1970, Emerg; December 11, 

1970, Reg; March 17, 2010, Susp.

......do ............... -do.- 

Mobile County, Unincorporated Areas .. 015008 December 11, 1970, Emerg; December 11, 

1970, Reg; March 17, 2010, Susp.

......do ............... -do.- 

Mount Vernon, Town of, Mobile County 010169 July 25, 1975, Emerg; December 16, 1977, 

Reg; March 17, 2010, Susp.

......do ............... -do.- 

Prichard, City of, Mobile County ........... 010170 April 22, 1975, Emerg; February 4, 1981, 

Reg; March 17, 2010, Susp.

......do ............... -do.- 

Saraland, City of, Mobile County .......... 010171 May 9, 1974, Emerg; December 18, 1979, 

Reg; March 17, 2010, Susp.

......do ............... -do.- 

Mississippi: 

Canton, City of, Madison County .......... 280109 August 9, 1974, Emerg; November 15, 

1979, Reg; March 17, 2010, Susp.

......do ............... -do.- 

Flora, Town of, Madison County ........... 280399 N/A, Emerg; January 31, 1995, Reg; March 

17, 2010, Susp.

......do ............... -do.- 

Madison, City of, Madison County ........ 280229 October 17, 1974, Emerg; December 16, 

1980, Reg; March 17, 2010, Susp.

......do ............... -do.- 

Madison County, Unincorporated Areas 280228 July 17, 1975, Emerg; January 2, 1980, 

Reg; March 17, 2010, Susp.

......do ............... -do.- 

Pearl River Valley Water Supply District, Madison, Hinds, Leake, Rankin, 

and Scott Counties.

280338 N/A, Emerg; March 5, 1993, Reg; March 

17, 2010, Susp.

......do ............... -do.- 

Ridgeland, City of, Madison County ...... 280110 December 27, 1973, Emerg; September 

28,1979, Reg; March 17, 2010, Susp.

......do ............... -do.- 

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Rules and Regulations 9113 

1Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band; Public Interest Spectrum Coalition, Petition 

for Rulemaking Regarding Low Power Auxiliary 

Stations, Including Wireless Microphones, and the 

Digital Television Transition; Amendment of Parts 

15, 74 and 90 of the Commission’s Rules Regarding 

Low Power Auxiliary Stations, Including Wireless 

Microphones, WT Docket Nos. 08–166, 08–167, ET 

Docket No. 10–24, Report and Order and Further 

Notice of Proposed Rulemaking, FCC 10–16 (rel. 

January 15, 2010); 75 FR 3622 (January 22, 2010). 

2Revisions to Rules Authorizing the Operation of 

Low Power Auxiliary Stations in the 698–806 MHz 

Band; Public Interest Spectrum Coalition, Petition 

for Rulemaking Regarding Low Power Auxiliary 

Stations, Including Wireless Microphones, and the 

Digital Television Transition; Amendment of Parts 

15, 74 and 90 of the Commission’s Rules Regarding 

Low Power Auxiliary Stations, Including Wireless 

Microphones, WT Docket Nos. 08–166, 08–167, ET 

Docket No. 10–24, Order, DA 10–92 (rel. January 15, 

2010); 75 FR 3639 (January 22, 2010). 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region VI 

Arkansas: 

Batesville, City of, Independence County.050091 April 9, 1975, Emerg; August 16, 1982, 

Reg; March 17, 2010, Susp.

......do ............... -do.- 

Cave City, City of, Independence and 

Sharp Counties.

050313 December 10, 1982, Emerg; May 1, 1985, 

Reg; March 17, 2010, Susp.

......do ............... -do.- 

Independence County, Unincorporated 

Areas.

050090 July 3, 1978, Emerg; January 6, 1988, Reg; 

March 17, 2010, Susp.

......do ............... -do.- 

Newark, City of, Independence County 050092 August 8, 1975, Emerg; September 1, 

1987, Reg; March 17, 2010, Susp.

......do ............... -do.- 

Oil Trough, Town of, Independence 

County.

050093 July 3, 1975, Emerg; June 1, 1987, Reg; 

March 17, 2010, Susp.

......do ............... -do.- 

*-do- = Ditto. 

Code for reading third column: Emerg—Emergency; Reg—Regular; Susp—Suspension. 

Dated: February 23, 2010. 

Sandra K. Knight, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–4137 Filed 2–26–10; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 15 and 74 

[WT Docket Nos. 08–166, 08–167, and ET 

Docket No. 10–24; FCC 10–16] 

Revisions to Rules Authorizing the 

Operation of Low Power Auxiliary 

Stations in the 698–806 MHz Band; 

Public Interest Spectrum Coalition, 

Petition for Rulemaking Regarding 

Low Power Auxiliary Stations, 

Including Wireless Microphones, and 

the Digital Television Transition; 

Public Information Collection 

Approved by Office of Management 

and Budget 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective dates. 

SUMMARY: The Federal Communications 

Commission (FCC) has received Office 

of Management and Budget (OMB) 

approval for public information 

collection 3060–1135 pursuant to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. An agency may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a 

currently valid control number. This 

document announces the effective dates, 

of the rules previously published in the 

Federal Register, affected by this public 

information collection. 

DATES: The following rules, originally 

published in the Federal Register 75 FR 

3622, January 22, 2010, have been 

approved by OMB and are effective as 

follows: §§ 15.216, 74.802(e)(2) and 

74.851(i), effective March 1, 2010; 

§ 74.851(h), effective April 15, 2010. 

FOR FURTHER INFORMATION CONTACT: Bill 

Stafford, Wireless Telecommunications 

Bureau, (202) 418–0563, e-mail 

Bill.Stafford@fcc.gov or Hugh L. Van 

Tuyl, Office of Engineering and 

Technology, (202) 418–7506, e-mail 

Hugh.VanTuyl@fcc.gov. 

People with Disabilities: To request 

materials in accessible formats for 

people with disabilities (braille, large 

print, electronic files, audio format), 

send an e-mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at 202–418–0530 (voice), 202– 

418–0432 (tty). 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–1135 

Expiration Date: 08/31/2010 

Title: Revisions to Rules Authorizing 

the Operation of Low Power Auxiliary 

Stations (Wireless Microphones). 

Estimated Annual Burden: $1,625,000 

total annual cost; 32,924 total annual 

hours. 

Needs and Uses: In the Report and 

Order 1 in WT Docket No. 08–166, WT 

Docket No. 08–167, ET Docket No. 10– 

24, FCC 10–16, adopted January 14, 

2010 and released on January 15, 2010, 

the Federal Communications 

Commission (‘‘Commission’’) modified 

the rules authorizing the operation of 

low power auxiliary stations (wireless 

microphones). The Report and Order 

requires all wireless microphones to 

cease operations in the 700 MHz Band 

(698–806 MHz) no later than June 12, 

2010, making the band available for use 

by public safety entities such as police, 

fire, emergency services, and 

commercial licensees. To effectuate the 

Commission’s plan to clear wireless 

microphones from the 700 MHz Band, 

the Report and Order provides an early 

clearing mechanism for the 700 MHz 

Band; requires that any person who 

manufactures wireless microphones or 

sells, leases, or offers them for sale or 

lease must display a disclosure at the 

point of sale or lease that informs 

consumers of the conditions that apply 

to the operation of wireless 

microphones in the core TV bands; and 

requires any person who manufactures, 

sells, leases, or offers for sale or lease, 

wireless microphones capable of 

operating in the 700 MHz Band that are 

destined for non U.S. markets, to 

include labeling that makes clear that 

the devices cannot be operated in the 

United States. In a related order under 

delegated authority,2 the Wireless 

Telecommunications Bureau and 

Consumer and Governmental Affairs 

Bureau of the Federal Communications 

Commission have adopted the specific 

mstockstill on DSKH9S0YB1PROD with RULES