2596 Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 

issued on December 29, 2010. They 

include EPA’s promulgation of 

nationally applicable GHG requirements 

that, in conjunction with the operation 

of the CAA PSD provisions, have 

resulted in GHG-emitting sources’ 

becoming subject to PSD; as well as 

EPA’s finding of substantial SIP 

inadequacy, imposition of a SIP call, 

and establishment of deadlines for SIP 

submittal. Moreover, in this rule, EPA is 

applying the same uniform principles 

for promulgating the finding of failure to 

submit in Jefferson County, Kentucky, 

as it did for each of the seven earlieraffected states. The FIP for Jefferson 

County, Kentucky, accompanying this 

rule has substantially the same, if not 

identical, terms as the FIP for each 

earlier-affected state in the December 

30, 2010, rule. This rulemaking action is 

supported by the same single 

administrative record as the earlier 

December 29, 2010, finding of failure to 

submit rule and does not involve factual 

questions unique to the LMAPCD. In 

addition, as stated earlier in this 

preamble, this rule is part of a single 

approach to correcting certain 

inadequacies in SIPs in multiple states 

across the country and in several 

judicial circuits. 

For similar reasons, this rule is based 

on determinations of nationwide scope 

or effect. For the LMAPCD, EPA is 

determining that it is appropriate to 

make this finding of failure to submit 

effective immediately in order to 

promulgate the FIP immediately and to 

apply the FIP to GHG-emitting sources, 

but not other sources, in the same way 

it made the same determination for the 

seven other states in the December 29, 

2010, finding of failure to submit. These 

determinations are the same for each of 

the states. The provisions of this finding 

of failure to submit are also 

substantially the same, if not identical, 

to those for the seven earlier-affected 

states. Moreover, EPA is making this 

finding and promulgating this action 

within the context of nationwide 

rulemakings and interpretation of the 

applicable CAA provisions, as noted 

earlier in this preamble. 

Thus, under section 307(b)(1) of the 

Act, judicial review of this final action 

is available by filing of a petition for 

review in the U.S. Court of Appeals for 

the District of Columbia Circuit by 

March 15, 2011. Any such judicial 

review is limited to only those 

objections that were raised with 

reasonable specificity in timely 

comments. Under section 307(b)(2) of 

the Act, the requirements of this final 

action may not be challenged later in 

civil or criminal proceedings brought by 

us to enforce these requirements. 

VI. Statutory Authority 

The statutory authority for this action 

is provided by sections 101, 111, 114, 

116, and 301 of the CAA as amended 

(42 U.S.C. 7401, 7411, 7414, 7416, and 

7601). 

List of Subjects in 40 CFR Part 52 

Air pollution control, Carbon dioxide, 

Carbon dioxide equivalents, Carbon 

monoxide, Environmental protection, 

Greenhouse gases, Hydrofluorocarbons, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Methane, Nitrogen dioxide, Nitrous 

oxide, Ozone, Particulate matter, 

Perfluorocarbons, Reporting and 

recordkeeping requirements, Sulfur 

hexafluoride, Sulfur oxides, Volatile 

organic compounds. 

Dated: January 11, 2011. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2011–769 Filed 1–13–11; 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–8163] 

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 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 76, No. 10 / Friday, January 14, 2011 / Rules and Regulations 2597 

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 IV 

Alabama: 

Cedar Bluff, Town of, Cherokee County..015010 March 28, 1984, Emerg; January 1, 1987, 

Reg; January 19, 2011, Susp. 

Jan. 19, 2011 ... Jan. 19, 2011. 

Centre, City of, Cherokee County ......... 010233 December 27, 1976, Emerg; March 14, 

1980, Reg; January 19, 2011, Susp. 

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

Cherokee County, Unincorporated 

Areas.

010234 June 24, 1986, Emerg; June 17, 1991, Reg; 

January 19, 2011, Susp. 

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

Leesburg, City of, Cherokee County ..... 010235 August 2, 1999, Emerg; January 19, 2011, 

Reg; January 19, 2011, Susp. 

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

Region V 

Illinois: Edgar County, Unincorporated Areas 170985 March 3, 2010, Emerg; January 19, 2011, 

Reg; January 19, 2011, Susp. 

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

Ohio: 

Bellevue, City of, Erie, Huron, and Sandusky Counties.390487 October 21, 1974, Emerg; October 17, 

1978, Reg; January 19, 2011, Susp. 

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

Crawford County, Unincorporated Areas 390811 September 2, 1987, Emerg; April 1, 1992, 

Reg; January 19, 2011, Susp. 

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

Crestline, City of, Crawford and Richmond Counties.390091 February 18, 1976, Emerg; October 5, 

1984, Reg; January 19, 2011, Susp. 

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

Galion, City of, Crawford County .......... 390092 July 17, 1975, Emerg; June 19, 1985, Reg; 

January 19, 2011, Susp. 

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

Greenwich, Village of, Huron County .... 390282 June 23, 1975, Emerg; September 30, 

1988, Reg; January 19, 2011, Susp. 

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

Huron County, Unincorporated Areas ... 390770 August 3, 1979, Emerg; August 1, 1987, 

Reg; January 19, 2011, Susp. 

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

Monroeville, Village of, Huron County ... 390283 August 6, 1975, Emerg; August 1, 1987, 

Reg; January 19, 2011, Susp. 

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

New London, Village of, Huron County 390284 June 12, 1975, Emerg; May 1, 1988, Reg; 

January 19, 2011, Susp. 

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

Wakeman, Village of, Huron County. .... 390288 May 25, 1976, Emerg; September 1, 1986, 

Reg; January 19, 2011, Susp. 

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

Willard, City of, Huron County ............... 390289 June 17, 1975, Emerg; November 2, 1984, 

Reg; January 19, 2011, Susp. 

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

Region VI 

Louisiana: 

Abbeville, City of, Vermilion Parish ....... 220264 July 1, 1974, Emerg; August 3, 1981, Reg; 

January 19, 2011, Susp. 

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

Delcambre, Town of, Iberia and 

Vermilion Parishes.

220223 July 1, 1974, Emerg; April 4, 1983, Reg; 

January 19, 2011, Susp. 

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


srobinson on DSKHWCL6B1PROD with RULES
2598 Federal Register / Vol. 76, No. 10 / Friday, January 14, 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 

Erath, Town of, Vermilion Parish .......... 220224 June 26, 1974, Emerg; April 4, 1983, Reg; 

January 19, 2011, Susp. 

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

Gueydan, Town of, Vermilion Parish .... 220225 July 1, 1974, Emerg; December 16, 1977, 

Reg; January 19, 2011, Susp. 

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

Kaplan, City of, Vermilion Parish .......... 220226 July 1, 1974, Emerg; March 1, 1982, Reg; 

January 19, 2011, Susp. 

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

Maurice, Village of, Vermilion Parish. ... 220227 October 16, 1974, Emerg; June 30, 1976, 

Reg; January 19, 2011, Susp. 

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

Region VIII 

North Dakota: 

Enderlin, City of, Cass and Ransom 

Counties.

385363 October 9, 1970, Emerg; June 18, 1971, 

Reg; January 19, 2011, Susp. 

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

Lisbon, City of, Ransom County ........... 380091 March 10, 1975, Emerg; September 27, 

1985, Reg; January 19, 2011, Susp. 

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

Ransom County, Unincorporated Areas 380089 February 17, 1978, Emerg; September 27, 

1985, Reg; January 19, 2011, Susp. 

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

Region IX 

California: 

Fort Jones, City of, Siskiyou County ..... 060365 November 1, 1974, Emerg; April 15, 1980, 

Reg; January 19, 2011, Susp. 

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

Siskiyou County, Unincorporated Areas 060362 February 23, 1973, Emerg; May 17, 1982, 

Reg; January 19, 2011, Susp. 

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

*-do- = Ditto. 

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

Dated: January 4, 2011. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation. 

[FR Doc. 2011–696 Filed 1–13–11; 8:45 am] 

BILLING CODE 9110–12–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[PS Docket No. 06–229; DA 10–2342] 

Requests for Waiver of Various 

Petitioners To Allow the Establishment 

of 700 MHz Interoperable Public Safety 

Wireless Broadband Networks 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; waiver. 

SUMMARY: In this order, on 

recommendation of the Emergency 

Response Interoperability Center (ERIC), 

the Public Safety and Homeland 

Security Bureau (Bureau) approved an 

initial set of technical requirements for 

public safety jurisdictions (Petitioners) 

that were granted conditional waivers 

by the Commission for early 

deployment in the 700 MHz public 

safety broadband spectrum. The order 

grants Petitioners that previously 

declined to file an interoperability 

showing a renewed opportunity to do so 

and to proceed with network 

deployment. 

DATES: Effective December 10, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Manner, Federal 

Communications Commission, Public 

Safety and Homeland Security Bureau, 

445 12th Street, SW., Room 7–C761, 

Washington, DC 20554. Telephone: 

(202) 418–3619, e-mail: 

jennifer.manner@fcc.gov. 

SUPPLEMENTARY INFORMATION: The initial 

set of technical interoperability 

requirements approved in the order 

creates a baseline technical 

interoperability framework for 

Petitioners’ actual deployment of public 

safety broadband networks in advance 

of the Commission’s adoption of final 

technical and operational rules for a 

nationwide interoperable public safety 

broadband network. The requirements 

approved in the order are essential to 

achieving nationwide interoperability 

among early-deployed public safety 

broadband networks. These 

requirements address core aspects of 

interoperability, such as roaming 

capabilities and system identifiers, that 

are crucial to ensuring that the users of 

disparate networks are capable of 

communicating seamlessly. Also 

included are requirements that earlydeployed networks meet performance, 

coverage, and other requirements 

necessary to ensure that early-deployed 

networks achieve a baseline of 

operability sufficient to support 

interoperable communications. 

Any Petitioner that previously filed 

an interoperability showing detailing its 

plans for achieving interoperability, or 

that in the future files, pursuant to the 

order, a showing that is subsequently 

acted on by the Bureau, may proceed 

with build-out and operation of its 

network upon submission to ERIC of a 

certification that its deployment will 

satisfy each of the requirements 

approved in the order. 

Federal Communications Commission. 

Jennifer A. Manner, 

Deputy Chief, Public Safety and Homeland 

Security Bureau. 

[FR Doc. 2011–811 Filed 1–13–11; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2010–0098] 

Final Theft Data; Motor Vehicle Theft 

Prevention Standard 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Publication of 2008 final theft 

data. 

SUMMARY: This document publishes the 

final data on thefts of model year (MY) 

2008 passenger motor vehicles that 

occurred in calendar year (CY) 2008. 

The final 2008 theft data indicated a 


srobinson on DSKHWCL6B1PROD with RULES