31854 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 

* * * * * 

Dated: June 29, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–15827 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AM91 

Vocational Rehabilitation and 

Employment Program—Duty To Assist 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

vocational rehabilitation and 

employment regulations of the 

Department of Veterans Affairs (VA) 

concerning VA’s responsibility to 

provide notification regarding 

information or evidence needed for an 

individual to substantiate a claim for 

vocational rehabilitation benefits and 

services, and regarding applicable time 

periods. VA’s duty to assist claimants in 

substantiating their claims for benefits 

was expanded by the Veterans Claims 

Assistance Act of 2000. This rulemaking 

incorporates those provisions in VA’s 

regulations. Specifically, upon receipt of 

a substantially complete application for 

benefits, VA will make reasonable 

efforts to help the claimant obtain the 

evidence necessary to substantiate the 

claim. In addition, VA is making 

changes to improve readability and 

other clarifying changes that are 

nonsubstantive. 

DATES: Effective Date: This final rule is 

effective August 5, 2009. 

Applicability Date: For information 

concerning the date of applicability, see 

the Supplementary Information section 

of this document. 

FOR FURTHER INFORMATION CONTACT: 

Alvin Bauman, Senior Policy Analyst, 

Vocational Rehabilitation and 

Employment Service (28), Veterans 

Benefits Administration, Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420, (202) 461– 

9613. 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on July 1, 2008 (73 FR 37402), 

we proposed to amend regulations 

governing VA’s responsibility to provide 

notification regarding information or 

evidence needed for an individual to 

substantiate a claim for vocational 

rehabilitation benefits and services, and 

regarding applicable time periods. We 

provided a 60-day comment period that 

ended on September 2, 2008. 

We received comments from one 

organization and one individual. With 

respect to the individual commenter, 

the submission stated ‘‘see the attached 

for proposed changes to this 

regulation,’’ yet we did not receive an 

attachment or the commenter’s contact 

information. Consequently, we make no 

changes based on the commenter’s 

submission. 

The organization commented with 

respect to the 30-day period in proposed 

38 CFR 21.32(a)(3) and (d) after which 

VA may decide a claim if the claimant 

has not responded to the notification 

provided under proposed § 21.32(a) 

concerning information and evidence 

that is necessary to substantiate the 

claim. The commenter expressed the 

view that 30 days from the date of 

notice is not sufficient time for a 

claimant to respond. It asserted that 

after taking into account time after the 

date of the notice until receipt by the 

claimant, and time for mailing back to 

VA, the 30-day period ‘‘will effectively 

give most disabled veterans only about 

15 days from receipt of your letter in 

which to digest its contents, obtain 

assistance and/or needed 

documentation, and prepare and mail a 

response to you.’’ We do not agree with 

this comment and make no change in 

the 30-day period based on the 

comment. 

We note that the commenter provided 

no evidence supporting its assertions as 

to the time that is involved prior to 

receipt of VA’s notice and that is needed 

to allow for receipt by VA of the 

claimant’s response. Even considering 

that there may be significantly less than 

the full 30 days to prepare a response, 

a claimant need not provide all the 

information and evidence within the 30- 

day period. A claimant may delay VA 

action beyond the 30 days by simply 

responding with a request that VA wait 

beyond the 30-day period. We believe 

that the 30-day time period referred to 

in proposed § 21.32(a)(3) and (d) is a 

reasonable time period for these 

claimants to respond. It is specifically 

supported by our experience in 

administering VA’s vocational 

rehabilitation programs, and is the same 

time for response provided in other 

circumstances under those programs. 

Further, whether or not the claimant 

responds within 30 days, proposed 

§ 21.32 provided a one-year time limit 

for receipt by VA of the information of 

evidence referred to in the notice, and 

for readjudication if VA had decided the 

claim prior to the one-year time period. 

In addition, we note that the 30-day 

time period is supported by 

administrative concerns, and is 

intended to assure that a lack of 

response does not unnecessarily delay a 

VA decision on the claim. 

With respect to proposed § 21.33(d), 

the commenter stated that it would be 

‘‘unreasonable to expect that VA will be 

able to determine from a cursory review 

of a ‘substantially complete application’ 

that there is no reasonable possibility 

that any notice and/or assistance the VA 

would provide to the claimant would 

substantiate the claim.’’ However, under 

proposed § 21.33(d), more than a 

cursory review would be involved 

before deciding to discontinue 

providing assistance. VA would be 

required to evaluate the application for 

benefits to determine whether any of the 

four circumstances under which VA 

will discontinue assistance exists. 

Further, the provision is consistent with 

principles relied upon throughout 38 

CFR part 21. (See 38 CFR 21.1032(d) 

concerning VA’s duty to assist claimants 

for VA education benefits.) We do not 

believe any change is warranted based 

on this comment. 

VA appreciates the submissions in 

response to the proposed rule. For the 

reasons stated above and those in the 

notice of proposed rulemaking, the 

proposed rule is adopted as a final rule 

without change. 

The preamble to the proposed rule 

provided notice of our intent that its 

provisions be applicable to claims filed 

on or after the effective date of the final 

rule. In accordance with that statement 

of our intent, VA will apply the 

provisions of this final rule to claims for 

vocational rehabilitation benefits and 

services filed on or after August 5, 2009. 

Paperwork Reduction Act of 1995 

This document contains no provisions 

constituting a new collection of 

information under the Paperwork 

Reduction Act (44 U.S.C. 3501–3521). 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This final rule would have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all costs and benefits 


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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Rules and Regulations 31855 

of available regulatory alternatives and, 

when regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined to 

be a significant regulatory action under 

Executive Order 12866 because it may 

raise novel legal or policy issues arising 

out of legal mandates, the President’s 

priorities, or the principles set forth in 

the Executive Order. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule will not have a significant 

economic impact on a substantial 

number of small entities as they are 

defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601–612. This final rule 

will not directly affect any small 

entities. Only individuals could be 

directly affected. Therefore, pursuant to 

5 U.S.C. 605(b), this final rule is exempt 

from the initial and final regulatory 

flexibility analysis requirements of 

sections 603 and 604. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs that will be affected by this 

final rule are 64.116, Vocational 

Rehabilitation for Disabled Veterans, 

and 64.128, Vocational Training and 

Rehabilitation for Vietnam Veterans’ 

Children with Spina Bifida or Other 

Covered Defects. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: June 29, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

■ For the reasons stated in the preamble, 

VA amends 38 CFR part 21 (subparts A 

and M) as follows: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart A—Vocational Rehabilitation 

and Employment Under 38 U.S.C. 

Chapter 31 

■ 1. The authority citation for part 21, 

subpart A is revised to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 18, 31, 

and as noted in specific sections. 

■ 2. The subpart A heading is revised as 

set forth above. 

■ 3. Revise § 21.32 to read as follows: 

§ 21.32 Notification by VA of necessary 

information or evidence when a claim is 

filed; time for claimant response and VA 

action. 

The provisions of this section apply to 

claims that are governed by this subpart 

or subpart M of this part. 

(a) VA has a duty to notify claimants 

of necessary information or evidence. 

Except when a claim cannot be 

substantiated because there is no legal 

basis for the claim, or undisputed facts 

render the claimant ineligible for the 

claimed benefit, when VA receives a 

complete or substantially complete 

application for vocational rehabilitation 

benefits and services provided under 

this subpart or subpart M of this part VA 

will: 

(1) Notify the claimant of any 

information and evidence that is 

necessary to substantiate the claim; 

(2) Inform the claimant which 

information and evidence, if any, the 

claimant is to provide to VA and which 

information and evidence, if any, VA 

will try to obtain for the claimant; and 

(3) Inform the claimant of the time 

limit, as provided in paragraph (c) of 

this section, for responding to VA’s 

notification, and of actions, as provided 

in paragraph (d) of this section, that VA 

may take to decide the claim if the 

claimant does not respond to such 

notification within 30 days. 

(b) Definitions for purposes of 

§§ 21.32 and 21.33. For purposes of this 

section and § 21.33: 

(1) The term application does not 

include a notice of disagreement. 

(2) The term notification means the 

notice described in paragraph (a) of this 

section. 

(3) The term substantially complete 

application means, for an individual’s 

first application for vocational 

rehabilitation benefits and services 

administered by VA, an application 

containing: 

(i) The claimant’s name; 

(ii) His or her relationship to the 

veteran, if applicable; 

(iii) Sufficient information for VA to 

verify the claimed service, if applicable; 

and 

(iv) The benefit claimed. 

(4) The term information means 

nonevidentiary facts, such as the 

claimant’s Social Security number or 

address, or the name of the educational 

institution the claimant is attending. 

(c) Time limit. Any information and 

evidence described in the notification as 

information and evidence that the 

claimant is to provide must be received 

by VA within one year from the date of 

the notification. If VA does not receive 

the information and evidence from the 

claimant within that time period, VA 

may adjudicate the claim based on the 

information and evidence in the file. 

(d) Actions VA may take after 30 days 

if no response from claimant. If the 

claimant has not responded to the 

notification within 30 days, VA may 

decide the claim before the expiration of 

the one-year period, based on all the 

information and evidence in the file, 

including information and evidence it 

has obtained on behalf of the claimant. 

If VA does so, however, and the 

claimant subsequently provides the 

information and evidence specified in 

the notification within one year of the 

date of the notification, VA must 

readjudicate the claim. If VA’s decision 

on a readjudication is favorable to the 

claimant, the award of vocational 

rehabilitation benefits and services shall 

take effect as if the prior decision by VA 

on the claim had not been made. 

(e) Incomplete applications. If VA 

receives an incomplete application for 

benefits, it will notify the claimant of 

the information necessary to complete 

the application and will defer assistance 

until the claimant submits this 

information. If the information 

necessary to complete the application is 

not received by VA within one year 

from the date of such notice, VA cannot 


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pay or provide any benefits based on 

that application. 

(f) Who VA will notify. For the 

purpose of this section, when VA seeks 

to notify a claimant, it will provide such 

notice to: 

(1) The claimant; 

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

(3) His or her representative, if any. 

(Authority: 38 U.S.C. 5102, 5103, 

5103A(a)(3)) 

■ 4. Immediately after § 21.32 and prior 

to the cross-reference, add § 21.33, to 

read as follows: 

§ 21.33 VA has a duty to assist claimants 

in obtaining evidence. 

The provisions of this section apply to 

claims that are governed by this subpart 

or subpart M of this part. 

(a) VA’s duty to assist begins when VA 

receives a complete or substantially 

complete application. (1) Except as 

provided in paragraph (d) of this 

section, upon receipt of a complete or 

substantially complete application for 

vocational rehabilitation benefits and 

services under this subpart or subpart M 

of this part, VA will: 

(i) Make reasonable efforts to help a 

claimant obtain evidence necessary to 

substantiate the claim; and 

(ii) Give the assistance described in 

paragraphs (b) and (c) of this section to 

an individual attempting to reopen a 

finally decided claim. 

(2) VA will not pay any fees a 

custodian of records may charge to 

provide the records VA requests. 

(Authority: 38 U.S.C. 5103A) 

(b) Obtaining records not in the 

custody of a Federal department or 

agency. (1) VA will make reasonable 

efforts to obtain relevant records not in 

the custody of a Federal department or 

agency. These records include relevant 

records from: 

(i) State or local governments; 

(ii) Private medical care providers; 

(iii) Current or former employers; and 

(iv) Other non-Federal governmental 

sources. 

(2) The reasonable efforts described in 

paragraph (b)(1) of this section will 

generally consist of an initial request for 

the records and, if VA does not receive 

the records, at least one follow-up 

request. The following are exceptions to 

this provision concerning the number of 

requests that VA generally will make: 

(i) VA will not make a follow-up 

request if a response to the initial 

request indicates that the records sought 

do not exist or that a follow-up request 

for the records would be futile. 

(ii) If VA receives information 

showing that subsequent requests to this 

or another custodian could result in 

obtaining the records sought, reasonable 

efforts will include an initial request 

and, if VA does not receive the records, 

at least one follow-up request to the new 

source or an additional request to the 

original source. 

(3) The claimant must cooperate fully 

with VA’s reasonable efforts to obtain 

relevant records from non-Federal 

agency or department custodians. The 

claimant must provide enough 

information to identify and locate the 

existing records, including: 

(i) The person, company, agency, or 

other custodian holding the records; 

(ii) The approximate time frame 

covered by the records; and 

(iii) In the case of medical treatment 

records, the condition for which 

treatment was provided. 

(4) If necessary, the claimant must 

authorize the release of existing records 

in a form acceptable to the person, 

company, agency, or other custodian 

holding the records. 

(Authority: 38 U.S.C. 5103A) 

(c) Obtaining records in the custody of 

a Federal department or agency. (1) 

Subject to paragraphs (c)(2) through 

(c)(4) of this section, VA will make as 

many requests as are necessary to obtain 

relevant records from a Federal 

department or agency. These records 

include but are not limited to: 

(i) Military records; 

(ii) Medical and other records from 

VA medical facilities; 

(iii) Records from non-VA facilities 

providing examination or treatment at 

VA expense; and 

(iv) Records from other Federal 

agencies. 

(2) VA will cease its efforts to obtain 

records from a Federal department or 

agency only if VA concludes that the 

records sought do not exist or that 

further efforts to obtain those records 

would be futile. Cases in which VA may 

conclude that no further efforts are 

required include cases in which the 

Federal department or agency advises 

VA that the requested records do not 

exist or that the custodian of such 

records does not have them. 

(3) The claimant must cooperate fully 

with VA’s reasonable efforts to obtain 

relevant records from Federal 

department or agency custodians. At 

VA’s request, the claimant must provide 

enough information to identify and 

locate the existing records, including: 

(i) The custodian or agency holding 

the records; 

(ii) The approximate time frame 

covered by the records; and 

(iii) In the case of medical treatment 

records, the condition for which 

treatment was provided. 

(4) If necessary, the claimant must 

authorize the release of existing records 

in a form acceptable to the custodian or 

agency holding the records. 

(Authority: 38 U.S.C. 5103A) 

(d) Circumstances where VA will 

refrain from or discontinue providing 

assistance. VA will refrain from 

providing assistance in obtaining 

evidence for a claim if the substantially 

complete or complete application for 

benefits indicates that there is no 

reasonable possibility that any 

assistance VA would provide to the 

claimant would substantiate the claim. 

VA will discontinue providing 

assistance in obtaining evidence for a 

claim if the evidence obtained indicates 

that there is no reasonable possibility 

that further assistance would 

substantiate the claim. Circumstances in 

which VA will refrain from or 

discontinue providing assistance in 

obtaining evidence include but are not 

limited to: 

(1) The claimant’s ineligibility for the 

benefit sought because of lack of 

qualifying service, lack of veteran status, 

or other lack of legal eligibility; 

(2) Claims that are inherently not 

credible or clearly lack merit; 

(3) An application requesting a benefit 

to which the claimant is not entitled as 

a matter of law; and 

(4) The claimant’s lack of cooperation 

in providing or requesting information 

or evidence necessary to substantiate 

the claim. 

(Authority: 38 U.S.C. 5103A) 

(e) Duty to notify claimant of inability 

to obtain records. (1) VA will notify the 

claimant either orally or in writing 

when VA: 

(i) Has made reasonable efforts to 

obtain relevant non-Federal records, but 

is unable to obtain them; or 

(ii) After continued efforts to obtain 

Federal records, concludes that it is 

reasonably certain they do not exist or 

that further efforts to obtain them would 

be futile. 

(2) For non-Federal records requests, 

VA may provide the notice to the 

claimant at the same time it makes its 

final attempt to obtain the relevant 

records. 

(3) VA will make a written record of 

any oral notice conveyed under this 

paragraph to the claimant. 

(4) The notice to the claimant must 

contain the following information: 

(i) The identity of the records VA was 

unable to obtain; 

(ii) An explanation of the efforts VA 

made to obtain the records; 

(iii) The fact described in paragraph 

(e)(1)(i) or (e)(1)(ii) of this section; 


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(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, 


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