Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31857 

(iv) A description of any further 

action VA will take regarding the claim, 

including, but not limited to, notice that 

VA will decide the claim based on the 

evidence of record unless the claimant 

submits the records VA was unable to 

obtain; and 

(v) A notice that the claimant is 

ultimately responsible for obtaining the 

evidence. 

(5) If VA becomes aware of the 

existence of relevant records before 

deciding the claim, VA will notify the 

claimant of the existence of such 

records and ask that the claimant 

provide a release for the records. If the 

claimant does not provide any necessary 

release of the relevant records that VA 

is unable to obtain, VA will ask that the 

claimant obtain the records and provide 

them to VA. 

(6) For the purpose of this section, if 

VA must notify the claimant, VA will 

provide notice to: 

(i) The claimant; 

(ii) His or her fiduciary, if any; and 

(iii) His or her representative, if any. 

(Authority: 38 U.S.C. 5102, 5103(a), 5103A) 

Subpart M—Vocational Training and 

Rehabilitation for Certain Children of 

Vietnam Veterans—Spina Bifida and 

Covered Birth Defects 

■ 5. The authority citation for part 21, 

subpart M continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 512, 1151 

note, ch. 18, 5112, and as noted in specific 

sections. 

■ 6. Add § 21.8015 to read as follows: 

§ 21.8015 Notification by VA of necessary 

information or evidence when a claim is 

filed; time for claimant response and VA 

action; and VA’s duty to assist claimants in 

obtaining evidence. 

The provisions of §§ 21.32 and 21.33 

of subpart A of this part also apply to 

claims for benefits and services under 

this subpart. 

[FR Doc. E9–15860 Filed 7–2–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8081] 

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, 

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, 


cprice-sewell on PROD1PC69 with RULES
31858 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

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 I 

Massachusetts: 

Acushnet, City of, Bristol County .......... 250048 April 3, 1981, Emerg; July 19, 1982, Reg; 

July 7, 2009, Susp.

July 7, 2009 ...... July 7, 2009. 

Attleboro, City of, Bristol County ........... 250049 August 16, 1974, Emerg; September 29, 

1978, Reg; July 7, 2009, Susp.

......do* .............. Do. 

Berkley, Town of, Bristol County ........... 250050 February 19, 1974, Emerg; July 3, 1978, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Dartmouth, Town of, Bristol County ...... 250051 September 10, 1971, Emerg; August 15, 

1977, Reg; July 7, 2009, Susp.

......do ............... Do. 

Dighton, Town of, Bristol County .......... 250052 March 9, 1973, Emerg; June 18, 1980, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Easton, Town of, Bristol County ............ 250053 August 15, 1974, Emerg; February 3, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Fairhaven, Town of, Bristol County ....... 250054 October 8, 1971, Emerg; March 16, 1976, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Fall River, City of, Bristol County .......... 250055 September 14, 1977, Emerg; September 

30, 1981, Reg; July 7, 2009, Susp.

......do ............... Do. 

Freetown, Town of, Bristol County ........ 250056 August 11, 1975, Emerg; June 18, 1980, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Mansfield, Town of, Bristol County ....... 250057 January 28, 1972, Emerg; April 1, 1977, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

New Bedford, City of, Bristol County .... 255216 February 25, 1972, Emerg; July 6, 1973, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

North Attleborough, Town of, Bristol 

County.

250059 February 10, 1975, Emerg; September 14, 

1979, Reg; July 7, 2009, Susp.

......do ............... Do. 

Norton, Town of, Bristol County ............ 250060 March 20, 1974, Emerg; June 1, 1979, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Raynham, Town of, Bristol County ....... 250061 June 23, 1975, Emerg; July 2, 1980, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Rehoboth, Town of, Bristol County ....... 250062 February 11, 1972, Emerg; September 1, 

1977, Reg; July 7, 2009, Susp.

......do ............... Do. 

Salisbury, Town of, Bristol County ........ 250103 November 17, 1972, Emerg; May 2, 1977, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Seekonk, Town of, Bristol County ......... 250063 July 25, 1975, Emerg; September 5, 1979, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Somerset, Town of, Bristol County ....... 255220 November 13, 1970, Emerg; March 17, 

1972, Reg; July 7, 2009, Susp.

......do ............... Do. 

Swansea, Town of, Bristol County ........ 255221 June 12, 1970, Emerg; August 6, 1971, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Taunton, City of, Bristol County ............ 250066 June 11, 1973, Emerg; June 18, 1980, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Westport, Town of, Bristol County ........ 255224 August 7, 1970, Emerg; July 16, 1971, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Maine: 

Andover, Town of, Oxford County ......... 230160 October 31, 1975, Emerg; January 3, 1985, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Bethel, Town of, Oxford County ............ 230088 August 18, 1975, Emerg; May 2, 1991, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Buckfield, Town of, Oxford County ....... 230090 August 5, 1975, Emerg; November 1, 1985, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Byron, Town of, Oxford County ............. 230330 July 15, 1975, Emerg; September 4, 1985, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Canton, Town of, Oxford County .......... 230091 July 3, 1975, Emerg; November 3, 1989, 

Reg; July 7, 2009, Susp.

......do ............... Do. 


cprice-sewell on PROD1PC69 with RULES
Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31859 

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 

Denmark, Town of, Oxford County ....... 230476 May 7, 1976, Emerg; July 2, 1980, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Dixfield, Town of, Oxford County .......... 230092 June 23, 1975, Emerg; March 4, 1985, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Fryeburg, Town of, Oxford County ........ 230093 April 7, 1975, Emerg; July 16, 1980, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Greenwood, Town of, Oxford County ... 230332 June 24, 1976, Emerg; September 4, 1985, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Hanover, Town of, Oxford County ........ 230333 August 11, 1975, Emerg; September 4, 

1985, Reg; July 7, 2009, Susp.

......do ............... Do. 

Hartford, Town of, Oxford County ......... 230334 May 21, 1976, Emerg; November 1, 1985, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Hebron, Town of, Oxford County .......... 230335 April 21, 1976, Emerg; December 31, 1976, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Hiram, Town of, Oxford County ............ 230094 July 30, 1975, Emerg; February 1, 1980, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Lovell, Town of, Oxford County ............. 230336 July 15, 1975, Emerg; February 17, 1989, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Mexico, Town of, Oxford County ........... 230095 November 17, 1972, Emerg; August 15, 

1977, Reg; July 7, 2009, Susp.

......do ............... Do. 

Milton, Township of, Oxford County ...... 230460 March 19, 1975, Emerg; April 17, 1987, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Newry, Town of, Oxford County ............ 230337 December 30, 1975, Emerg; September 4, 

1985, Reg; July 7, 2009, Susp.

......do ............... Do. 

Norway, Town of, Oxford County .......... 230096 November 11, 1974, Emerg; September 4, 

1991, Reg; July 7, 2009, Susp.

......do ............... Do. 

Otisfield, Town of, Oxford County ......... 230203 January 29, 1976, Emerg; May 19, 1981, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Oxford, Town of, Oxford County ........... 230869 July 16, 1975, Emerg; May 2, 1991, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Paris, Town of, Oxford County .............. 230097 February 28, 1975, Emerg; September 27, 

1991, Reg; July 7, 2009, Susp.

......do ............... Do. 

Peru, Town of, Oxford County .............. 230098 October 24, 1975, Emerg; May 17, 1990, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Porter, Town of, Oxford County ............ 230338 October 7, 1976, Emerg; December 4, 

1979, Reg; July 7, 2009, Susp.

......do ............... Do. 

Roxbury, Town of, Oxford County ......... 230181 October 24, 1975, Emerg; September 4, 

1985, Reg; July 7, 2009, Susp.

......do ............... Do. 

Rumford, Town of, Oxford County ........ 230099 March 9, 1973, Emerg; July 16, 1980, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Stoneham, Town of, Oxford County ...... 230340 October 1, 1975, Emerg; January 3, 1986, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Stow, Town of, Oxford County .............. 230186 February 20, 1976, Emerg; November 14, 

1978, Reg; July 7, 2009, Susp.

......do ............... Do. 

Sumner, Town of, Oxford County ......... 230187 August 5, 1975, Emerg; September 27, 

1985, Reg; July 7, 2009, Susp.

......do ............... Do. 

Sweden, Town of, Oxford County ......... 230341 July 22, 1975, Emerg; October 31, 1978, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Region III 

Virginia: 

Brunswick County, Unincorporated 

Areas.

510236 April 4, 1974, Emerg; February 6, 1991, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Emporia, City of, Independent City ....... 510047 February 5, 1974, Emerg; September 30, 

1977, Reg; July 7, 2009, Susp.

......do ............... Do. 

Greensville County, Unincorporated 

Areas.

510073 February 25, 1974, Emerg; September 29, 

1978, Reg; July 7, 2009, Susp.

......do ............... Do. 

Jarratt, Town of, Greensville County ..... 510263 March 5, 1975, Emerg; October 8, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Lawrenceville, Town of, Brunswick 

County.

510023 May 28, 1974, Emerg; July 17, 1978, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Stony Creek, Town of, Sussex County 510159 April 9, 1974, Emerg; September 16, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Sussex County, Unincorporated Areas 510192 December 11, 1973, Emerg; March 2, 

1983, Reg; July 7, 2009, Susp.

......do ............... Do. 

West Virginia: Berkeley County, Unincorporated Areas.540282 July 29, 1975, Emerg; August 4, 1988, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

Region IV 

Alabama: 

Ardmore, Town of, Limestone County .. 010306 July 9, 1979, Emerg; April 15, 1986, Reg; 

July 7, 2009, Susp.

......do ............... Do. 


cprice-sewell on PROD1PC69 with RULES
31860 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

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 

Athens, City of, Limestone County ........ 010146 April 11, 1974, Emerg; September 28, 

1979, Reg; July 7, 2009, Susp.

......do ............... Do. 

Limestone County, Unincorporated 

Areas.

010307 September 2, 1975, Emerg; July 16, 1981, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Mooresville, Town of, Limestone County.010455 December 23, 2008, Emerg; NA, Reg; July 

7, 2009, Susp.

......do ............... Do. 

Kentucky: Liberty, City of, Cassey County ... 210054 May 12, 1975, Emerg; July 3, 1986, Reg; 

July 7, 2009, Susp.

......do ............... Do. 

North Carolina: 

Cajahs Mountain, Town of, Caldwell 

County.

370452 NA, Emerg; March 6, 1990, Reg; July 7, 

2009, Susp.

......do ............... Do. 

Caldwell County, Unincorporated Areas 370039 June 19, 1978, Emerg; August 16, 1988, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Gamewell, Town of, Caldwell County ... 370451 NA, Emerg; February 15, 2000, Reg; July 

7, 2009, Susp.

......do ............... Do. 

Granite Falls, Town of, Caldwell County 370414 August 9, 1988, Emerg; August 16, 1988, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Hudson, Town of, Caldwell County ....... 370450 NA, Emerg; March 6, 1990, Reg; July 7, 

2009, Susp.

......do ............... Do. 

Lenoir, City of, Caldwell County ............ 370040 March 29, 1978, Emerg; August 16, 1988, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Region V 

Ohio: 

Centerburg, Village of, Knox County ..... 390307 June 27, 1975, Emerg; January 6, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Danville, Village of, Knox County .......... 390308 June 12, 1975, Emerg; August 24, 1984, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Gambier, Village of, Knox County ......... 390310 February 3, 1976, Emerg; January 30, 

1981, Reg; July 7, 2009, Susp.

......do ............... Do. 

Knox County, Unincorporated Areas ..... 390306 NA, Emerg; October 27, 1993, Reg; July 7, 

2009, Susp.

......do ............... Do. 

Mount Vernon, City of, Knox County .... 390311 January 21, 1974, Emerg; August 2, 1982, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Region X 

Idaho: 

Bannock County, Unincorporated Areas 160009 April 30, 1974, Emerg; September 5, 1979, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Downey, City of, Bannock County ........ 160165 February 8, 1985, Emerg; February 8, 

1985, Reg; July 7, 2009, Susp.

......do ............... Do. 

Inkom, City of, Bannock County ............ 160010 July 16, 1975, Emerg; September 15, 1978, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

Lava Hot Springs, City of, Bannock 

County.

160011 May 20, 1975, Emerg; August 1, 1979, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

McCammon, City of, Bannock County .. 160176 December 21, 1978, Emerg; December 21, 

1978, Reg; July 7, 2009, Susp.

......do ............... Do. 

Pocatello, City of, Bannock County ....... 160012 February 7, 1974, Emerg; May 1, 1980, 

Reg; July 7, 2009, Susp.

......do ............... Do. 

* -do- = Ditto. 

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

Dated: June 23, 2009. 

Deborah Ingram, 

Acting Deputy Assistant Administrator, 

Mitigation Directorate, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. E9–15871 Filed 7–2–09; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 9 

[WC Docket No. 08–171; FCC 08–249] 

Implementation of the Net 911 

Improvement Act of 2008 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Communications 

Commission (Commission) has adopted 

rules implementing certain key 

provisions of the New and Emerging 

Technologies 911 Improvement Act of 

2008 (NET 911 Act), which was enacted 

on July 23, 2008. Congress directed the 

Commission to issue rules 

implementing certain key provisions of 

the NET 911 Act no later than October 

21, 2008. In particular, to effectuate the 

statutory requirement that providers of 

interconnected voice over Internet 

Protocol (interconnected VoIP) service 

provide 911 and enhanced 911 (E911) 

service in full compliance with the 

Commission’s rules, Congress mandated 

that the Commission issue regulations 

in this time frame that, among other 


cprice-sewell on PROD1PC69 with RULES