Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 641 

Dated: December 24, 2008. 

C. Stephen Allred, 

Assistant Secretary, Land and Minerals 

Management. 

■ Accordingly, for the reasons stated in 

the preamble and under the authorities 

stated below, the BLM amends 43 CFR 

part 3500 as set forth below. 

PART 3500—LEASING OF SOLID 

MINERALS OTHER THAN COAL AND 

OIL SHALE 

■ 1. The authority citation for part 3500 

continues to read as follows: 

Authority: 5 U.S.C. 552; 30 U.S.C. 189 and 

192c; 43 U.S.C. 1733 and 1740; and sec. 402, 

Reorganization Plan No. 3 of 1946 (5 U.S.C. 

Appendix). 

Subpart 3501—Leasing of Solid 

Minerals Other Than Coal and Oil 

Shale—General 

■ 2. Amend § 3501.10 by revising 

paragraph (f) to read as follows: 

§ 3501.10 What types of mineral use 

authorizations can I get under these rules? 

* * * * * 

(f) ‘‘Lease modifications’’ add adjacent 

acreage to a Federal lease. The acreage 

to be added: 

(1) Contains known deposits of the 

same mineral that can be mined only as 

part of the mining operation on the 

original Federal lease; or 

(2) Has the following characteristics— 

(i) Does not contain known deposits 

of the same mineral; 

(ii) Will be used for surface activities 

that are necessary in furtherance of 

recovery of the mineral deposit on the 

original Federal lease; and 

(iii) Had the acreage been included in 

the original Federal lease at the time of 

the Federal lease’s issuance, the original 

Federal lease would have been 

reasonably compact. 

* * * * * 

■ 3. Amend § 3510.12 by revising 

paragraphs (b) and (c), and by adding 

paragraph (d), to read as follows: 

§ 3510.12 What must I do to obtain a lease 

modification or fringe acreage lease? 

* * * * * 

(b) Include a non-refundable filing fee 

as provided in § 3000.12, Table 1, of this 

chapter (the fee may be found under 

‘‘Leasing of Solid Minerals Other Than 

Coal and Oil Shale (Part 3500)’’). You 

must also make an advance rental 

payment in accordance with the rental 

rate for the mineral commodity you are 

seeking. If you want to modify an 

existing lease, the BLM will base the 

rental payment on the rate in effect for 

the lease being modified in accordance 

with § 3504.15. 

(c) Your fringe acreage lease 

application must: 

(1) Show the serial number of the 

lease if the lands specified in your 

application adjoin an existing Federal 

lease; 

(2) Contain a complete and accurate 

description of the lands desired; 

(3) Show that the mineral deposit 

specified in your application extends 

from your adjoining lease or from 

adjoining private lands you own or 

control; and 

(4) Include proof that you own or 

control the mineral deposit in the 

adjoining lands if they are not under a 

Federal lease. 

(d) Your lease modification 

application must: 

(1) Show the serial number of your 

Federal lease that you seek to modify; 

(2) Contain a complete and accurate 

description of the lands desired that 

adjoin the Federal lease you seek to 

modify; and 

(3) Show that— 

(i) The adjoining acreage to be added 

contains known deposits of the same 

mineral deposit that can be mined only 

as part of the mining operations on the 

original Federal lease; or 

(ii) As an alternative, show that— 

(A) The acreage to be added does not 

contain known deposits of the same 

mineral deposit; and 

(B) The adjoining acreage will be used 

for surface activities that are necessary 

for the recovery of the mineral deposit 

on the original Federal lease, and 

(C) Had the acreage been included in 

the original Federal lease at the time of 

that lease’s issuance, the original 

Federal lease would have been 

reasonably compact. 

■ 4. Amend § 3510.15 by revising 

paragraph (e), redesignating paragraphs 

(f) and (g) as paragraphs (g) and (h), 

respectively, by adding new paragraph 

(f), and by revising redesignated 

paragraph (h), to read as follows: 

§ 3510.15 What will the BLM do with my 

application? 

* * * * * 

(e) The lands for which you applied 

for a fringe acreage lease lack sufficient 

reserves of the mineral resource to 

warrant independent development; 

(f)(1) The lands for which you applied 

for a lease modification contain known 

deposits of the same mineral deposit 

that can be mined only as part of the 

mining operations on the original 

Federal lease; or 

(2)(i) The acreage to be added does 

not contain known deposits of the same 

mineral; and 

(ii) The acreage to be added will be 

used for surface activities that are 

necessary for the recovery of the mineral 

deposit on the original Federal lease; 

and 

(iii) Had the acreage added by the 

modification been included in the 

original Federal lease at the time of that 

lease’s issuance, the original Federal 

lease would have been reasonably 

compact. 

* * * * * 

(h) You meet the qualification 

requirements for holding a lease 

described in subpart 3502 of this 

chapter and the new or modified lease 

will not cause you to exceed the acreage 

limitations described in § 3503.37. 

[FR Doc. E9–34 Filed 1–6–09; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–8055] 

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 Date: 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. 

642 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 

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, 

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: 

Boones Mill, Town of, Franklin County 510062 January 21, 1975, Emerg; September 1, 

1978, Reg; December 16, 2008, Susp.

Dec. 16, 2008 ... Dec. 16, 2008 

Franklin County, Unincorporated Areas 510061 May 23, 1974, Emerg; May 19, 1981, Reg; 

December 16, 2008, Susp.

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

Richmond County, Unincorporated 

Areas.

510310 January 20, 1975, Emerg; March 16, 1989, 

Reg; December 16, 2008, Susp.

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

Rocky Mount, Town of, Franklin County 510291 June 18, 1975, Emerg; May 1, 1980, Reg; 

December 16, 2008, Susp.

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

Region IV 

Alabama: 

Bridgeport, Town of, Jackson County ... 015009 July 18, 1974, Emerg; July 18, 1985, Reg; 

December 16, 2008, Susp.

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

Dutton, Town of, Jackson County ......... 010353 July 7, 1976, Emerg; March 18, 1985, Reg; 

December 16, 2008, Susp.

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

Hollywood, Town of, Jackson County ... 010111 July 26, 1974, Emerg; September 29, 1986, 

Reg; December 16, 2008, Susp.

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

Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Rules and Regulations 643 

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 

Paint Rock, Town of, Jackson County .. 010214 July 30, 1975, Emerg; June 17, 1986, Reg; 

December 16, 2008, Susp.

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

Scottsboro, City of, Jackson County ..... 010112 June 26, 1974, Emerg; September 18, 

1985, Reg; December 16, 2008, Susp.

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

Stevenson, Town of, Jackson County ... 010113 October 16, 1974, Emerg; December 17, 

1987, Reg; December 16, 2008, Susp.

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

Tennessee: 

Blaine, City of, Grainger County ........... 470398 November 26, 1988, Emerg; December 5, 

1990, Reg; December 16, 2008, Susp.

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

Jefferson City, Town of, Jefferson 

County.

475430 October 23, 1970, Emerg; April 9, 1971, 

Reg; December 16, 2008, Susp.

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

Region V 

Ohio: 

Magnetic Springs, Village of, Union 

County.

390839 April 30, 1999, Emerg; July 1, 2000, Reg; 

December 16, 2008, Susp.

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

Marysville, City of, Union County .......... 390548 April 30, 1975, Emerg; April 2, 1986, Reg; 

December 16, 2008, Susp.

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

Milford Center, Village of, Union County 390662 May 14, 1975, Emerg; June 2, 1995, Reg; 

December 16, 2008, Susp.

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

Richwood, Village of, Union County ...... 390549 July 11, 1975, Emerg; April 17, 1995, Reg; 

December 16, 2008, Susp.

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

Union County, Unincorporated Areas ... 390808 March 16, 1977, Emerg; September 27, 

1991, Reg; December 16, 2008, Susp.

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

Region VI 

New Mexico: 

Eunice, City of, Lea County .................. 350028 August 18, 1975, Emerg; August 22, 1978, 

Reg; December 16, 2008, Susp.

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

Hobbs, City of, Lea County ................... 350029 September 20, 1976, Emerg; July 16, 1991, 

Reg; December 16, 2008, Susp.

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

Jal, City of, Lea County ......................... 350030 September 28, 1977, Emerg; August 19, 

1985, Reg; December 16, 2008, Susp.

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

Tatum, Town of, Lea County ................. 350032 October 16, 1980, Emerg; July 1, 1988, 

Reg; December 16, 2008, Susp.

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

* do = Ditto. 

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

Dated: December 12, 2008. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–17 Filed 1–6–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 580 

[Docket No. NHTSA–2008–0116; Notice 2] 

Petition for Approval of Alternate 

Odometer Disclosure Requirements 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice of final determination. 

SUMMARY: The Commonwealth of 

Virginia has petitioned for approval of 

alternate requirements governing certain 

aspects of Federal odometer law. 

NHTSA is issuing a final determination 

granting Virginia’s petition. 

DATES: Effective Date: February 6, 2009. 

Request for reconsideration due no later 

than February 23, 2009. 

ADDRESSES: Requests for reconsideration 

must be submitted in writing to 

Administrator, National Highway 

Traffic Safety Administration, U.S. 

Department of Transportation, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590. Requests should refer to the 

docket and notice number above. 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

www.gpoaccess.gov/fr. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Englund, Office of the Chief 

Counsel, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue, SE., Washington, DC 20590 

(Telephone: 202–366–5263) (Fax: 202– 

366–3820). 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commonwealth of Virginia 

petitioned NHTSA to approve the 

Commonwealth’s requirements on the 

disclosure of motor vehicle mileage 

when motor vehicles are transferred, 

which would apply in lieu of certain 

federal requirements, under 49 U.S.C. 

32701, 32705(d). As described in detail 

in Section III below, Virginia’s program 

will provide for the transfer of a 

vehicle’s title with odometer disclosure 

information electronically, instead of 

through the execution of a paper title 

that is then submitted to the state for the 

issuance of a title to the new owner, for 

an in-state transaction where there is no 

security interest in the vehicle. NHTSA