9666 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

IV. Do any of the statutory and 

Executive Order reviews apply to this 

action? 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to OMB review. 

Because this action is not subject to 

notice and comment requirements 

under the Administrative Procedures 

Act or any other statute, it is not subject 

to the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.) or Sections 202 

and 205 of the Unfunded Mandates 

Reform Act of 1999 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments. This action does not 

create new binding legal requirements 

that substantially and directly affect 

Tribes under Executive Order 13175 (63 

FR 67249, November 9, 2000). This 

action does not have significant 

Federalism implications under 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

entitled Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 

et seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). This action does not involve 

technical standards; thus, the 

requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. 

A. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA has 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of February 

22, 2011. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This action is not 

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

804(2). 

List of Subjects in 40 CFR Part 302 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: February 11, 2011. 

Barry Breen, 

Acting Assistant Administrator, Office of 

Solid Waste and Emergency Response. 

For the reasons set out above, title 40, 

chapter I of the Code of Federal 

Regulations is amended as follows: 

PART 302—DESIGNATION, 

REPORTABLE QUANTITIES, AND 

NOTIFICATION 

■ 1. The authority citation for part 302 

continues to read as follows: 

Authority: 42 U.S.C. 9602, 9603, and 9604; 

33 U.S.C. 1321 and 1361. 

■ 2. Section 302.6 is amended by 

revising paragraph (a) to read as follows: 

§ 302.6 Notification requirements. 

(a) Any person in charge of a vessel 

or an offshore or an onshore facility 

shall, as soon as he or she has 

knowledge of any release (other than a 

federally permitted release or 

application of a pesticide) of a 

hazardous substance from such vessel or 

facility in a quantity equal to or 

exceeding the reportable quantity 

determined by this part in any 24-hour 

period, immediately notify the National 

Response Center (1–800–424–8802; in 

Washington, DC 202–267–2675; the 

facsimile number is 202–267–1322). 

* * * * * 

[FR Doc. 2011–3872 Filed 2–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8169] 

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 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 9667 

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 

Maryland: 

Crisfield, City of, Somerset County. 240062 April 28, 1975, Emerg; June 15, 1981, Reg; 

March 3, 2011, Susp. 

March 3, 2011 .. March 3, 2011. 

Princess Anne, Town of, Somerset 

County. 

240063 January 28, 1974, Emerg; April 20, 1979, 

Reg; March 3, 2011, Susp. 

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

Somerset County, Unincorporated 

Areas. 

240061 May 8, 1975, Emerg; June 15, 1981, Reg; 

March 3, 2011, Susp. 

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

Region IV 

South Carolina: 

Abbeville, City of, Abbeville County. 450001 October 9, 1975, Emerg; June 4, 1980, 

Reg; March 3, 2011, Susp. 

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

Edgefield, Town of, Edgefield County. 450074 August 14, 1995, Emerg; February 1, 2002, 

Reg; March 3, 2011, Susp. 

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

Edgefield County, Unincorporated 

Areas. 

450229 July 12, 1991, Emerg; April 1, 1993, Reg; 

March 3, 2011, Susp. 

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

Johnston, Town of, Edgefield County. 450266 February 4, 2002, Emerg; March 3, 2011, 

Reg; March 3, 2011, Susp. 

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

Region V 

Illinois: 

Freeport, City of, Stephenson County. 170640 January 28, 1973, Emerg; May 16, 1977, 

Reg; March 3, 2011, Susp. 

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

Orangeville, Village of, Stephenson 

County. 

170641 October 25, 1996, Emerg; March 3, 2011, 

Reg; March 3, 2011, Susp. 

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

mstockstill on DSKH9S0YB1PROD with RULES

9668 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / 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 

Winslow, Village of, Stephenson County. 170644 June 30, 1975, Emerg; November 17, 1982, 

Reg; March 3, 2011, Susp. 

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

Ohio: 

Highland, Village of, Highland County. 390268 October 20, 1975, Emerg; September 29, 

1978, Reg; March 3, 2011, Susp. 

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

Hillsboro, City of, Highland County. 390269 July 9, 1975, Emerg; September 4, 1986, 

Reg; March 3, 2011, Susp. 

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

Leesburg, Village of, Highland County. 390270 December 6, 1993, Emerg; March 3, 2011, 

Reg; March 3, 2011, Susp. 

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

Lynchburg, Village of, Highland County. 390271 April 9, 1976, Emerg; September 6, 1989, 

Reg; March 3, 2011, Susp. 

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

Region VI 

Arkansas: 

Donaldson, City of, Hot Spring County. 050596 December 11, 1990, Emerg; November 1, 

1992, Reg; March 3, 2011, Susp. 

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

Hot Spring County, Unincorporated 

Areas. 

050437 June 6, 1990, Emerg; November 1, 1992, 

Reg; March 3, 2011, Susp. 

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

Malvern, City of, Hot Spring County. 050088 May 1, 1974, Emerg; March 2, 1983, Reg; 

March 3, 2011, Susp. 

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

Louisiana: 

Anacoco, Village of, Vernon Parish. 220046 N/A, Emerg; September 2, 2009, Reg; 

March 3, 2011, Susp. 

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

Hornbeck, Village of, Vernon Parish. 220332 May 8, 2001, Emerg; June 1, 2005, Reg; 

March 3, 2011, Susp. 

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

Leesville, City of, Vernon Parish. 220229 October 17, 1974, Emerg; January 17, 

1986, Reg; March 3, 2011, Susp. 

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

New Llano, Village of, Vernon Parish. 220340 May 12, 1983, Emerg; July 18, 1985, Reg; 

March 3, 2011, Susp. 

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

Rosepine, Village of, Vernon Parish. 220346 March 5, 1976, Emerg; October 19, 1982, 

Reg; March 3, 2011, Susp. 

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

Vernon Parish, Unincorporated Areas. 220228 July 20, 1984, Emerg; March 1, 1987, Reg; 

March 3, 2011, Susp. 

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

Texas: 

Kerr County, Unincorporated Areas. 480419 January 21, 1975, Emerg; May 1, 1979, 

Reg; March 3, 2011, Susp. 

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

Kerrville, City of, Kerr County. 480420 February 5, 1975, Emerg; September 29, 

1978, Reg; March 3, 2011, Susp. 

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

Region VII 

Missouri: 

California, City of, Moniteau County. 290238 December 16, 1975, Emerg; August 24, 

1984, Reg; March 3, 2011, Susp. 

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

Lupus, City of, Moniteau County. 290239 March 13, 1985, Emerg; January 3, 1986, 

Reg; March 3, 2011, Susp. 

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

Nebraska: 

Scribner, City of, Dodge County. 310071 May 30, 1975, Emerg; November 1, 1979, 

Reg; March 3, 2011, Susp. 

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

*-do- = Ditto. 

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

Dated: February 11, 2011. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2011–3864 Filed 2–18–11; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2011–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

mstockstill on DSKH9S0YB1PROD with RULES