Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53179 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 7, 2009. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.507 is amended in 

paragraph (a)(1) by revising the 

introductory text and by revising the 

entries for ‘‘Barley, bran’’; ‘‘Barley, 

grain’’; and ‘‘Barley, straw’’ in the table; 

and in paragraph (a)(2) by revising the 

introductory text to read as follows: 

§ 180.507 Azoxystrobin; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for residues of the fungicide, 

azoxystrobin, including its metabolites 

and degradates, in or on the 

commodities in the following table. 

Compliance with the tolerance levels 

specified in the table is to be 

determined by measuring only the sum 

of azoxystrobin, [methyl( E )-2-(2-(6-(2- 

cyanophenoxy) pyrimidin-4- 

yloxy)phenyl)-3-methoxyacrylate], and 

the Z-isomer of azoxystrobin [methyl( Z 

)-2-(2-(6-(2-cyanophenoxy)pyrimidin-4- 

yloxy)phenyl)-3 methoxyacrylate] in or 

on the commodity. 

Commodity Parts per million 

* * * * * 

Barley, bran .................... 6.0 

* * * * * 

Barley, grain ................... 3.0 

* * * * * 

Barley, straw ................... 7.0 

* * * * * 

(2) Tolerances are established for 

residues of the fungicide, azoxystrobin, 

including its metabolites and 

degradates, in or on the commodities in 

the following table. Compliance with 

the tolerance levels specified in the 

table is to be determined by measuring 

only the sum of azoxystrobin, [methyl( 

E )-2-(2-(6-(2-cyanophenoxy) pyrimidin4-yloxy)phenyl)-3-methoxyacrylate], 

and the Z-isomer of azoxystrobin 

[methyl( Z )-2-(2-(6-(2- 

cyanophenoxy)pyrimidin-4- 

yloxy)phenyl)-3 methoxyacrylate] in or 

on the commodity. 

* * * * * 

[FR Doc. E9–24813 Filed 10–15–09; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8099] 

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 


CPrice-Sewell on DSKDVH8Z91PROD with RULES
53180 Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 

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 III 

Virginia: 

Halifax, Town of, Halifax County ..... 510301 March 6, 1975, Emerg; October 8, 1982, 

Reg; October 16, 2009, Susp.

October 16, 2009 ... October 16, 2009. 

Halifax County, Unincorporated 

Areas.

510188 April 4, 1973, Emerg; August 1, 1978, 

Reg; October 16, 2009, Susp.

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

South Boston, Town of, Halifax 

County.

510153 December 13, 1973, Emerg; March 15, 

1978, Reg; October 16, 2009, Susp.

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

Region IV 

Alabama: 

Brantley, Town of, Crenshaw County.010055 July 5, 2005, Emerg; NA, Reg; October 

16, 2009, Susp.

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

Crenshaw County, Unincorporated 

Areas.

010246 December 15, 1975, Emerg; July 17, 

1986, Reg; October 16, 2009, Susp.

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

Dozier, Town of, Crenshaw County 010056 May 4, 1990, Emerg; March 1, 1995, 

Reg; October 16, 2009, Susp.

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

Glenwood, Town of, Crenshaw 

County.

010057 December 30, 2003, Emerg; NA, Reg; 

October 16, 2009, Susp.

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

Luverne, City of, Crenshaw County 010058 July 9, 1975, Emerg; June 24, 1977, 

Reg; October 16, 2009, Susp.

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

Macon County, Unincorporated 

Areas.

010148 May 29, 1975, Emerg; April 1, 1982, 

Reg; October 16, 2009, Susp.

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

Notasulga, Town of, Macon County 010149 July 2, 1975, Emerg; November 24, 

1978, Reg; October 16, 2009, Susp.

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

Tuskegee, City of, Macon County ... 010150 August 8, 1975, Emerg; January 6, 

1982, Reg; October 16, 2009, Susp.

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

Kentucky: 

Princeton, City of, Caldwell County 210031 June 30, 1975, Emerg; August 19, 1986, 

Reg; October 16, 2009, Susp.

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

Region V 

Illinois: 

Hamilton, City of, Hancock County .. 170271 February 24, 1975, Emerg; October 18, 

1983, Reg; October 16, 2009, Susp.

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


CPrice-Sewell on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 74, No. 199 / Friday, October 16, 2009 / Rules and Regulations 53181 

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 VII 

Missouri: 

Fayette, City of, Howard County ...... 290163 May 19, 1975, Emerg; January 19, 

1983, Reg; October 16, 2009, Susp.

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

Franklin, City of, Howard County ..... 290482 July 7, 1975, Emerg; March 2, 1983, 

Reg; October 16, 2009, Susp.

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

* Do. = Ditto. 

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

Dated: October 7, 2009. 

Edward L. Connor, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–24913 Filed 10–15–09; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1838; MB Docket No. 09–54; RM– 

11520] 

Table of Allotments, FM Broadcast 

Stations; Waverly, Alabama 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Audio Division, at the 

request of Auburn Network, Inc., LLC, 

substitutes FM Channel 262A for 

Channel 232A at Waverly, Alabama. 

Channel 262A can be allotted at 

Waverly, Alabama, in compliance with 

the Commission’s minimum distance 

separation requirements with a site 

restriction of 13 kilometers (8.1 miles) 

northwest of Waverly. The coordinates 

for Channel 262A at Waverly, Alabama 

are 32–48–14 North Latitude and 85– 

41–28 West Longitude. 

DATES: Effective November 16, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 12th 

Street, SW, Washington, DC 20554. 

FOR FURTHER INFORMATION CONTACT: 

Deborah A. Dupont, 202–418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket 09–54, adopted 

August 19, 2009, and released August 

21, 2009. The full text of this 

Commission document is available for 

inspection and copying during normal 

business hours in the FCC Reference 

Information Center (Room CY–A257), 

445 12th Street, SW., Washington, DC. 

20554. 

The complete text of this decision 

may also be purchased from the 

Commission’s copy contractor, Best 

Copy and Printing, Inc., 445 12th Street, 

SW, Room CY–B402, Washington, DC 

20554, 800–378–3160 or via the 

company’s website, http:// 

www.bcpiweb.com. 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

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). 

Provisions of the Regulatory 

Flexibility Act of 1980 does not apply 

to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

■ As stated in the preamble, the Federal 

Communications Commission amends 

47 CFR part 73 as follows: 

PART 73—RADIO BRAODCAST 

SERVICES 

■ 1. The authority citation for Part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

Section 73.202 [Amended] 

■ 2. Section 73.202 (b), the Table of 

Allotments under Alabama is amended 

by removing Channel 232A and by 

adding Channel 262A at Waverly. 

Federal Communications Commission 

John A. Karousos, 

Assistant Chief. 

[FR Doc. E9–24942 Filed 10–15–09; 8:45 am] 

BILLING CODE 6712–01–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 74 

[MB Docket No. 07–172; FCC 09–59] 

Service and Eligibility Rules for FM 

Broadcast Translator Stations 

AGENCY: Federal Communications 

Commission. 

ACTION: Final Rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection requirements 

associated with FCC Form 349. 

Therefore, the form will take effect on 

[UPON PUBLICATION OF THIS 

NOTICE IN THE FEDERAL REGISTER]. 

On September 1, 2009, the Commission 

published the summary document of the 

Report and Order, In the Matter of the 

Amendment of Service and Eligibility 

Rules for FM Broadcast Translator 

Stations, MB Docket No. 07–172, FCC 

09–59, at 74 FR 45126. The Ordering 

Clause of the Report and Order stated 

that the Commission would publish a 

notice in the Federal Register 

announcing when OMB approval for the 

information collection requirements 

(revisions to FCC Form 349) have been 

received and when the revised 

requirements will take effect. This 

notice is consistent with the statement 

in the Report and Order. 

DATES: Effective October 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams, cathy.williams@fcc.gov 

or on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on October 8, 

2009, OMB approved, for a period of 

three years, the information collection 

requirements which are the revisions to 

FCC Form 349. The Commission 

publishes this notice to announce the 

effective date of the requirements (Form 

349). If you have any comments on the 

burden estimates listed below, or how 


CPrice-Sewell on DSKDVH8Z91PROD with RULES