51082 Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 

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[FR Doc. E9–23895 Filed 10–2–09; 8:45 am] 

BILLING CODE 7710–FW–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8097] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

In addition, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

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

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

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

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

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


cprice-sewell on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 74, No. 191 / Monday, October 5, 2009 / Rules and Regulations 51083 

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 III 

Virginia: 

Farmville, Town of, Prince Edward and 

Cumberland Counties.

510118 November 9, 1973, Emerg; September 1, 

1978, Reg; October 2, 2009, Susp.

Oct. 2, 2009 ...... Oct. 2, 2009. 

Prince Edward County, Unincorporated 

Areas.

510239 April 11, 1974, Emerg; September 1, 1978, 

Reg; October 2, 2009, Susp.

......do* .............. do. 

Region IV 

North Carolina: 

Brevard, City of, Transylvania County .. 370231 January 17, 1974, Emerg; September 29, 

1978, Reg; October 2, 2009, Susp.

......do ............... do. 

Rosman, Town of, Transylvania County 375358 December 30, 1971, Emerg; June 2, 1972, 

Reg; October 2, 2009, Susp.

......do ............... do. 

Transylvania County, Unincorporated 

Areas.

370230 January 21, 1974, Emerg; January 2, 1980, 

Reg; October 2, 2009, Susp.

......do ............... do. 

Region V 

Wisconsin: 

Delavan, City of, Walworth County ....... 550463 October 18, 1974, Emerg; September 1, 

1983, Reg; October 2, 2009, Susp.

......do ............... do. 

East Troy, Village of, Walworth County 550464 December 12, 1975, Emerg; December 1, 

1982, Reg; October 2, 2009, Susp.

......do ............... do. 

Fontana-on-Geneva Lake, Village of, 

Walworth County.

550592 NA, Emerg; March 23, 2006, Reg; October 

2, 2009, Susp.

......do ............... do. 

Mukwonago, Village of, Walworth and 

Waukesha Counties.

550485 February 18, 1975, Emerg; July 5, 1982, 

Reg; October 2, 2009, Susp.

......do ............... do. 

Walworth County, Unincorporated Areas ..... 550462 June 10, 1975, Emerg; August 15, 1983, 

Reg; October 2, 2009, Susp.

......do ............... do. 

*do = Ditto. 

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

Dated: September 22, 2009. 

Edward L. Connor, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–23960 Filed 10–2–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 665 

[Docket No. FTA–2007–0011] 

RIN 2132–AA95 

Bus Testing; Phase-In of Brake 

Performance and Emissions Testing, 

and Program Updates 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Federal Transit Administration’s 

(FTA’s) bus testing regulation to 

incorporate brake performance and 

emissions tests into FTA’s bus testing 

program to comply with statutory 

changes. To improve the program, this 

final rule also republishes the existing 

regulation to incorporate several 

updates that will enhance the program’s 

value and respond to changes in the bus 

manufacturing industry and to bring it 

into conformity with statutory language. 

DATES: This rule is effective January 1, 

2010. 


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