Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35809 

Group name Data elements Description 

Training ....................... Travel in conjunction with educational activities to become proficient or qualified in one or 

more areas of responsibility. 5 USC 4101(4) states that ‘‘ ‘training’ means the process of 

providing for and making available to an employee, and placing or enrolling the employee 

in a planned, prepared, and coordinated program, course, curriculum, subject, system, or 

routine of instruction or education, in scientific, professional, technical, mechanical, trade, 

clerical, fiscal, administrative, or other fields which will improve individual and organizational performance and assist in achieving the agency’s mission and performance goals.’’ 

The term ‘‘conference’’ may also apply to training activities that are considered to be conferences under 5 CFR 410.404, which states that ‘‘agencies may sponsor an employee’s 

attendance at a conference as a developmental assignment under section 4110 of title 5, 

United States Code, when: (a) The announced purpose of the conference is educational or 

instructional; (b) More than half of the time is scheduled for a planned, organized exchange 

of information between presenters and audience which meets the definition of training in 

section 4101 of title 5, United States Code; (c) The content of the conference is germane 

to improving individual and/or organizational performance, and (d) Development benefits 

will be derived through the employee’s attendance.’’ Agencies have to distinguish between 

conference and training attendance and use the appropriate identifier (see Conference— 

Other Than Training above). Examples: Job required training, Internships, Intergovernmental Personnel Act, and forums. 

Relocation ................... Travel performed in connection with a transfer from one official duty station to another for 

employees/immediate family members, as applicable. Examples: Permanent change of station (PCS) moves for domestic and international transferees/new appointees, tour renewal, 

temporary change of station (TCS), and last move home. 

* * * * * * * 

Payment Method ......... EFT ............................. Direct deposit via electronic funds transfer. 

Treasury Check ........... Payment made by Treasury check. 

Imprest Fund ............... Payment made by Imprest Fund. 

* * * * * * * 

[FR Doc. E9–17128 Filed 7–20–09; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8083] 

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 


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35810 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

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: 

Charlotte County, Unincorporated Areas 510333 November 26, 1996, Emerg; November 1, 

1997, Reg; July 20, 2009, Susp.

July 20, 2009 .... July 20, 2009. 

Drakes Branch, Town of, Charlotte 

County.

510032 October 18, 1974, Emerg; June 11, 1982, 

Reg; July 20, 2009, Susp.

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

King William County, Unincorporated 

Areas.

510304 May 22, 1975, Emerg; February 6, 1991, 

Reg; July 20, 2009, Susp.

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

Lunenburg County, Unincorporated 

Areas.

510309 October 5, 1978, Emerg; February 25, 

1983, Reg; July 20, 2009, Susp.

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

Phenix, Town of, Charlotte County ....... 510302 July 8, 1975, Emerg; February 25, 1983, 

Reg; July 20, 2009, Susp.

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

West Point, Town of, King William 

County.

510083 April 16, 1975, Emerg; June 18, 1990, Reg; 

July 20, 2009, Susp.

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

Region IV 

North Carolina: 

Gates County, Unincorporated Areas ... 370103 March 4, 1976, Emerg; July 16, 1991, Reg; 

July 20, 2009, Susp.

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

Gatesville, Town of, Gates County ....... 370104 July 8, 1975, Emerg; May 13, 1977, Reg; 

July 20, 2009, Susp.

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

Region V 

Ohio: 

Akron, City of, Summit County .............. 390523 February 18, 1975, Emerg; February 18, 

1981, Reg; July 20, 2009, Susp.

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

Barberton, City of, Summit County ....... 390524 September 13, 1974, Emerg; January 16, 

1981, Reg; July 20, 2009, Susp.

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

Boston Heights, Village of, Summit 

County.

390749 November 16, 1976, Emerg; February 18, 

1981, Reg; July 20, 2009, Susp.

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

Clinton, Village of, Summit County ....... 390525 June 9, 1975, Emerg; July 2, 1980, Reg; 

July 20, 2009, Susp.

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

Cuyahoga Falls, City of, Summit County.390526 February 27, 1975, Emerg; February 18, 

1981, Reg; July 20, 2009, Susp.

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

Fairlawn, City of, Summit County .......... 390657 December 29, 1975, Emerg; January 16, 

1981, Reg; July 20, 2009, Susp.

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

Green, City of, Summit County ............. 390927 NA, Emerg; May 29, 2002, Reg; July 20, 

2009, Susp.

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

Hudson, City of, Summit County ........... 390660 May 19, 1975, Emerg; September 30, 1980, 

Reg; July 20, 2009, Susp.

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


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Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 35811 

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 

Lakemore, Village of, Summit County ... 390527 August 8, 1975, Emerg; May 25, 1978, 

Reg; July 20, 2009, Susp.

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

Macedonia, City of, Summit County ...... 390750 November 11, 1976, Emerg; February 4, 

1981, Reg; July 20, 2009, Susp.

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

Mogadore, Village of, Summit County .. 390528 June 11, 1975, Emerg; September 3, 1979, 

Reg; July 20, 2009, Susp.

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

Munroe Falls, City of, Summit County .. 390843 October 26, 1988, Emerg; May 16, 1994, 

Reg; July 20, 2009, Susp.

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

Norton, City of, Summit County ............ 390529 July 2, 1975, Emerg; January 16, 1981, 

Reg; July 20, 2009, Susp.

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

Peninsula, Village of, Summit County ... 390530 June 25, 1975, Emerg; March 2, 1979, 

Reg; July 20, 2009, Susp.

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

Reminderville, Village of, Summit County.390855 July 9, 1980, Emerg; May 17, 1990, Reg; 

July 20, 2009, Susp.

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

Stow, City of, Summit County ............... 390532 November 12, 1973, Emerg; July 17, 1978, 

Reg; July 20, 2009, Susp.

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

Summit County, Unincorporated Areas 390781 November 21, 1975, Emerg; April 15, 1981, 

Reg; July 20, 2009, Susp.

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

Twinsburg, City of, Summit County ....... 390534 September 18, 1973, Emerg; February 4, 

1981, Reg; July 20, 2009, Susp.

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

Wisconsin: 

Amherst, Village of, Portage County ..... 550338 April 2, 1975, Emerg; January 17, 1991, 

Reg; July 20, 2009, Susp.

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

Nelsonville, Village of, Portage County 550339 July 1, 1975, Emerg; September 1, 1986, 

Reg; July 20, 2009, Susp.

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

Plover, Village of, Portage County ........ 550340 April 23, 1974, Emerg; March 1, 1984, Reg; 

July 20, 2009, Susp.

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

Portage County, Unincorporated Areas 550572 February 10, 1975, Emerg; June 1, 1983, 

Reg; July 20, 2009, Susp.

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

Rosholt, Village of, Portage County ...... 550341 June 24, 1975, Emerg; September 1, 1988, 

Reg; July 20, 2009, Susp.

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

Stevens Point, City of, Portage County 550342 August 2, 1974, Emerg; June 1, 1983, Reg; 

July 20, 2009, Susp.

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

Whiting, Village of, Portage County ...... 550607 February 15, 1984, Emerg; February 15, 

1984, Reg; July 20, 2009, Susp.

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

Region VI 

Oklahoma: 

Cache, Town of, Comanche County ..... 400048 March 10, 1975, Emerg; March 18, 1987, 

Reg; July 20, 2009, Susp.

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

Faxon, Town of, Comanche County ..... 400522 NA , Emerg; June 20, 2008, Reg; July 20, 

2009, Susp.

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

Indiahoma, Town of, Comanche County 400287 June 24, 1977, Emerg; April 15, 1982, Reg; 

July 20, 2009, Susp.

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

Lawton, City of, Comanche County ...... 400049 November 15, 1973, Emerg; December 1, 

1978, Reg; July 20, 2009, Susp.

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

Sterling, Town of, Comanche County ... 400414 February 19, 1976, Emerg; July 5, 1978, 

Reg; July 20, 2009, Susp.

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

Region VIII 

South Dakota: 

Corona, Town of, Roberts County ........ 460071 September 25, 1975, Emerg; March 4, 

1987, Reg; July 20, 2009, Susp.

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

Roberts County, Unincorporated Areas 460286 February 21, 1980, Emerg; October 1, 

1986, Reg; July 20, 2009, Susp.

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

Sisseton, City of, Roberts County ......... 460072 May 14, 1975, Emerg; May 1, 1986, Reg; 

July 20, 2009, Susp.

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

*do = Ditto. 

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


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35812 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Rules and Regulations 

Dated: July 7, 2009. 

Deborah S. Ingram, 

Acting Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate. 

[FR Doc. E9–17211 Filed 7–20–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 401 

[Docket No. USCG–2008–1126] 

RIN 1625–AB29 

2009 Rates for Pilotage on the Great 

Lakes 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is increasing 

the rates for pilotage service on the 

Great Lakes by an average of 10.77% 

over the rates that took effect February 

4, 2009. This increase reflects an August 

1, 2009, increase in benchmark 

contractual wages and benefits, as well 

as an increase in the ratio of pilots to 

‘‘bridge hours.’’ The Coast Guard 

intends the final rule to generate 

sufficient revenue to cover allowable 

expenses, target pilot compensation, 

and returns on investment. The final 

rule promotes the Coast Guard strategic 

goal of maritime safety. 

DATES: This final rule is effective August 

1, 2009. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2008–1126 and are 

available for inspection or copying at 

the Docket Management Facility (M–30), 

U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this final rule, please call 

Mr. Paul Wasserman, Chief, Great Lakes 

Pilotage Branch, Commandant (CG– 

54122), U.S. Coast Guard, at 202–372– 

1535, by fax 202–372–1929, or e-mail 

Paul.M.Wasserman@uscg.mil. For 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Chief, Dockets, Department of 

Transportation, telephone 202–493– 

0402. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Abbreviations 

II. Effective Date 

III. Background 

IV. Discussion of Comments 

V. Discussion of the Final Rule 

VI. Regulatory Evaluation 

A. Small Entities 

B. Assistance for Small Entities 

C. Collection of Information 

D. Federalism 

E. Unfunded Mandates Reform Act 

F. Taking of Private Property 

G. Civil Justice Reform 

H. Protection of Children 

I. Indian Tribal Governments 

J. Energy Effects 

K. Technical Standards 

L. Environment 

I. Abbreviations 

AMOU American Maritime Officer 

Union 

GLPAC Great Lakes Pilotage Advisory 

Committee 

MISLE Coast Guard Marine Inspection, 

Safety, and Law Enforcement system 

MOA Memorandum of Agreement 

NAICS North American Industry 

Classification System 

NPRM Notice of Proposed Rulemaking 

NTTAA National Technology Transfer 

and Advancement Act 

OMB Office of Management and 

Budget 

II. Effective Date 

This final rule takes effect August 1, 

2009. Under 5 U.S.C. 553(d), we find 

good cause for this final rule to take 

effect less than 30 days after 

publication. The Great Lakes Pilotage 

Act of 1960, as amended by Public Law 

109–241, section 302, requires the Coast 

Guard to review and adjust the Great 

Lakes pilotage rates annually by March 

1. We could not issue this final rule 

until some months after that date due to 

the time needed to review and resolve 

comments received on the proposed 

rule. We nonetheless need to issue the 

final rule before the August 1, 2009, 

increase in benchmark contractual 

wages and benefits that necessitates this 

year’s rate adjustment. Under these 

circumstances, publication of the final 

rule 30 days or more in advance of the 

August 1 benchmark increase is 

impracticable. The regulated 

community well understands the 

significance of the August benchmark 

increase and anticipates that the final 

rule will take effect not later than 

August 1. Therefore, we find that delay 

of the final rule’s effective date beyond 

August 1, 2009, would be unnecessary, 

and contrary to the public interest in 

timely rate increases. 

III. Background 

We published a notice of proposed 

rulemaking on April 24, 2009 (NPRM, 

74 FR 18669). The NPRM proposed an 

average 9.41% increase. 

This rulemaking increases Great Lakes 

pilotage rates in accord with the 

methodology contained in Coast Guard 

regulations in 46 CFR Parts 401–404. 

Our regulations implement the Great 

Lakes Pilotage Act of 1960, 46 U.S.C. 

Chapter 93, which requires foreign-flag 

vessels engaged in foreign trade to use 

Federally registered Great Lakes pilots 

while transiting the St. Lawrence 

Seaway and the Great Lakes system, and 

which requires the Secretary of 

Homeland Security to ‘‘prescribe by 

regulation rates and charges for pilotage 

services, giving consideration to the 

public interest and the costs of 

providing the services.’’ 46 U.S.C. 

9303(f). 

The U.S. waters of the Great Lakes 

and the St. Lawrence Seaway are 

divided into three pilotage Districts. 

Pilotage in each District is provided by 

an association certified by the Coast 

Guard Director of Great Lakes Pilotage 

to operate a pilotage pool. It is 

important to note that, while we set 

rates, we do not control the actual 

number of pilots an association 

maintains, so long as the association is 

able to provide safe, efficient, and 

reliable pilotage service, nor do we 

control the actual compensation that 

pilots receive. This is determined by 

each of the three District associations, 

which use different compensation 

practices. 

District One, consisting of Areas 1 and 

2, includes all U.S. waters of the St. 

Lawrence River and Lake Ontario. 

District Two, consisting of Areas 4 and 

5, includes all U.S. waters of Lake Erie, 

the Detroit River, Lake St. Clair, and the 

St. Clair River. District Three, consisting 

of Areas 6, 7, and 8, includes all U.S. 

waters of the St. Mary’s River, Sault Ste. 

Marie Locks, and Lakes Michigan, 

Huron, and Superior. Area 3 is the 

Welland Canal, which is serviced 

exclusively by the Canadian Great Lakes 

Pilotage Authority and, accordingly, is 

not included in the U.S. rate structure. 

Areas 1, 5, and 7 have been designated 

by Presidential Proclamation, pursuant 

to the Great Lakes Pilotage Act of 1960, 

to be waters in which pilots must at all 

times be fully engaged in the navigation 

of vessels in their charge. Areas 2, 4, 6, 

and 8 have not been so designated 

because they are open bodies of water. 

Under the Great Lakes Pilotage Act of 

1960, pilots assigned to vessels in these 

areas are only required to ‘‘be on board 

and available to direct the navigation of 


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