Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 64027 

authorized in section 110(k)(3) of the 

Act, the EPA is approving these 

certifications into the California SIP as 

proposed. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• Is not an Executive Order 13771 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted under Executive Order 12866; 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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. The EPA will 

submit a report containing this action 

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. A major rule cannot take effect 

until 60 days after it is published 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 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: October 24, 2018. 

Michael Stoker, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraphs (c)(510) and (511) to 

read as follows: 

§ 52.220 Identification of plan—in part. 

* * * * * 

(c) * * * 

(510) New additional materials for the 

following APCD was submitted on 

November 16, 2017 by the Governor’s 

designee. 

(i) [Reserved] 

(ii) Additional materials. (A) South 

Coast Air Quality Management District. 

(1) ‘‘Nonattainment New Source 

Review (NSR) Compliance 

Demonstration for the 2008 Ozone 

National Ambient Air Quality Standard 

(NAAQS),’’ adopted July 7, 2017. 

(2) [Reserved] 

(511) New additional materials for the 

following APCD’s were submitted on 

June 19, 2018 by the Governor’s 

designee. 

(i) [Reserved] 

(ii) Additional materials. (A) San 

Joaquin Valley Air Pollution Control 

District. 

(1) ‘‘Certification that the San Joaquin 

Valley Unified Air Pollution Control 

District’s Current NNSR Program 

Addresses the 2008 Ozone NAAQS SIP 

Requirements Rule,’’ adopted April 19, 

2018. 

(2) [Reserved] 

(B) Yolo-Solano Air Quality 

Management District. 

(1) ‘‘Certification that Yolo-Solano’s 

Existing NNSR Program meets the 2008 

Ozone NAAQS SIP Requirements Rule,’’ 

adopted March 14, 2018. 

(2) [Reserved] 

[FR Doc. 2018–26921 Filed 12–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0288 and EPA– 

HQ–OPP–2017–0283; FRL–9986–73] 

6-Benzyladenine; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of 6- 

benzyladenine in or on avocados, 

peppers, tomatoes, cucumbers, melons, 

and squash. Interregional Research 

Project Number 4 and Valent 

BioSciences LLC have requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

December 13, 2018. Objections and 

requests for hearings must be received 

on or before February 11, 2019, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The dockets for this action, 

identified by docket identification (ID) 


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64028 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 

numbers EPA–HQ–OPP–2017–0288 and 

EPA–HQ–OPP–2017–0283, are available 

at http://www.regulations.gov or at the 

Office of Pesticide Programs Regulatory 

Public Docket (OPP Docket) in the 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Robert McNally, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Government Printing 

Office’s e-CFR site at http://www.ecfr.

gov/cgi-bin/text-idx?&c=ecfr&tpl=/ 

ecfrbrowse/Title40/40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2017–0288 and EPA–HQ–OPP– 

2017–0283 in the subject line on the 

first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before February 11, 2019. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID numbers EPA–HQ–OPP– 

2017–0288 and EPA–HQ–OPP–2017– 

0283, by one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

available at http://www.epa.gov/ 

dockets. 

II. Background 

In the Federal Register of September 

15, 2017 (82 FR 43352) (FRL–9965–43), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of two 

pesticide petitions: PP 6E8526 by 

Interregional Research Project Number 4 

(IR–4), Rutgers, State University of New 

Jersey, 681 U.S. Highway No. 1, S. North 

New Brunswick, NJ 08902; and PP 

7F8548 by Valent BioSciences LLC 

(Valent), 870 Technology Way, 

Libertyville, IL 60048. Petition 6E8526 

requested that 40 CFR part 180 be 

amended by establishing a tolerance for 

residues of the plant growth regulator 6- 

benzyladenine, in or on avocados at 

0.05 parts per million (ppm). Petition 

7F8548 requested amendment of the 

current exemption from the requirement 

of tolerance for residues of 6- 

benzyladenine, 40 CFR 180.1150, to add 

fruiting vegetables (tomatoes and 

peppers) and cucurbit vegetables 

(cucumbers, melons, and squash). That 

document referenced summaries of the 

petitions prepared by Valent, the 

registrant, which are available in the 

respective dockets via, 

www.regulations.gov. Comments were 

received on the notice of filing, and the 

Agency’s response can be found in Unit 

III.D. 

Based upon review of the data 

supporting each petition, EPA is 

establishing tolerance levels for 6- 

benzyladenine on avocados, tomatoes, 

peppers, cucumbers, melons and squash 

in one final rule. The reasons for these 

changes are explained in Part III.E. of 

this document. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. EPA must take 

into account the factors set forth in 

FFDCA section 408(b)(2)(C), which 

require EPA to give special 

consideration to exposure of infants and 

children to the pesticide chemical 

residue in establishing a tolerance or 

tolerance exemption and to ‘‘ensure that 

there is a reasonable certainty that no 

harm will result to infants and children 

from aggregate exposure to the pesticide 

chemical residue . . . .’’ Additionally, 

FFDCA section 408(b)(2)(D) requires 

that EPA consider ‘‘available 

information concerning the cumulative 

effects of a particular pesticide’s 

residues and other substances that have 

a common mechanism of toxicity.’’ 

EPA evaluated the available 

toxicological and exposure data on 6- 

benzyladenine and considered their 

validity, completeness, and reliability, 

as well as the relationship of this 

information to human risk. A summary 

of the data upon which EPA relied and 

its risk assessment based on those data 

can be found within the document 


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Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 64029 

entitled ‘‘Federal Food, Drug, and 

Cosmetic Act (FFDCA) Safety 

Assessment for Tolerances for Residues 

of 6-benzyladenine.’’ This document, as 

well as other relevant information, is 

available in the docket for this action as 

described under ADDRESSES. 

The available data demonstrated that 

the predominant adverse effect from 

exposure to 6-benzyladenine was a 

significant reduction in body weight, 

including an increased susceptibility of 

body weight effects in fetuses and 

offspring. Despite these effects, EPA 

determined that reliable data show the 

safety of infants and children would be 

adequately protected if the Food Quality 

Protection Act (FQPA) safety factor was 

reduced to 1X. EPA conducted a 

quantitative aggregate risk assessment, 

taking into account chronic exposures to 

residues of 6-benzyladenine in food and 

drinking water (no residential exposures 

are anticipated) and concluded that 

risks do not exceed EPA’s level of 

concern. 

Based upon its evaluation, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

U.S. population, including infants and 

children, from aggregate exposure to 

residues of 6-benzyladenine. Therefore, 

tolerances are established for residues of 

6-benzyladenine, in or on tomato, 

pepper, cucumber, melon, and squash at 

0.01 ppm and in or on avocado at 0.02 

ppm. 

B. Analytical Enforcement Methodology 

Adequate enforcement methodologies 

to quantitatively determine 6- 

benzyladenine residues by liquid 

chromatography/mass spectrometer/ 

mass spectrometer (LC/MS/MS) (Meth209, Determination of 6-Benzyladenine 

(6–BA) in Selected Fruiting Vegetable 

and Cucurbit Vegetable Raw 

Agricultural and Processed 

Commodities and Meth-210, 

Determination of 6-Benzyladenine (6– 

BA) in Selected Oily Crop Raw 

Agricultural Commodities) are available 

to enforce the tolerance expression. The 

methods may be requested from: Chief, 

Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

email address: residuemethods@

epa.gov. 

C. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. The Codex has not 

established an MRL for 6- 

benzyladenine; however, Canada and 

the European Union (EU) have set 

default MRLs at 0.1 ppm (Canada) and 

0.01 ppm (EU), respectively. 

D. Response to Comments 

One comment was received in 

response to each of the petitions. Each 

comment generally opposed pesticide 

residues on food; only one mentioned 6- 

benzyladenine by name. Neither 

comment was accompanied by any 

substantiation or data supporting a 

conclusion that the tolerances being 

established in this action do not meet 

the FFDCA safety standard. Although 

EPA recognizes that some individuals 

would oppose any use of pesticides on 

food, section 408 of the FFDCA 

authorizes EPA to set tolerances for 

residues of pesticide chemicals in or on 

food when it determines that the 

tolerance meets the safety standard 

imposed by that statute. EPA has made 

that determination for the 6- 

benzyladenine tolerances established by 

this final rule. 

E. Revisions to Petitioned-For Tolerance 

and Tolerance Exemption 

The applicant requested a tolerance 

for residues of 6-benzyladenine on 

avocado at 0.05 ppm. Based on available 

residue data and using the Organisation 

for Economic Co-operation and 

Development (OECD) calculator, EPA 

has determined that a tolerance for 

residues of 6-benzyladenine on avocado 

at 0.02 ppm is appropriate. In addition, 

the applicant requested to amend the 

current exemption, 40 CFR 180.1150, for 

residues of 6-benzyladenine by adding 

fruiting vegetables (tomatoes and 

peppers) and cucurbit vegetables 

(cucumbers, melons, and squash) at 20 

parts per million (ppm) at a maximum 

of five applications (total 18.8 grams of 

active ingredient per acre per season) 

with a seven-day interval between 

applications. Due to the toxicological 

profile of the chemical and the 

measurable residues, EPA has 

concluded that a tolerance is the 

appropriate regulatory mechanism for 

covering residues of 6-benzyladenine 

under the FFDCA. Based on the 

available residue data and using the 

OECD calculator, EPA has determined 

that tolerances for residues of 6- 

benzyladenine on tomato, pepper, 

cucumber, melon, and squash at 0.01 

ppm are appropriate. 

IV. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to EPA. 

The Office of Management and Budget 

(OMB) has exempted these types of 

actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action 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) nor is it considered a 

regulatory action under Executive Order 

13771, entitled ‘‘Reducing Regulations 

and Controlling Regulatory Costs’’ (82 

FR 9339, February 3, 2017). This action 

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). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this action, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes. As a result, 

this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA has determined that this action will 

not have a substantial direct effect on 

States or tribal governments, on the 

relationship between the national 

government and the States or tribal 


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64030 Federal Register / Vol. 83, No. 239 / Thursday, December 13, 2018 / Rules and Regulations 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, EPA has determined that 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

EPA’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), 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 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: November 28, 2018. 

Richard P. Keigwin, Jr., 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.703 to subpart C to read 

as follows: 

§ 180.703 6-benzyladenine; tolerances for 

residues. 

(a) General. Tolerances are 

established for residues of the plant 

growth regulator, 6-benzyladenine in or 

on the commodities listed in the table 

below. Compliance with the tolerance 

levels specified in this paragraph is to 

be determined by measuring only 6- 

benzyladenine in or on the commodity. 

Commodity Parts per 

million 

Avocado ...................................... 0.02 

Cucumber ................................... 0.01 

Melon .......................................... 0.01 

Pepper ........................................ 0.01 

Squash ........................................ 0.01 

Tomato ........................................ 0.01 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. [Reserved] 

(d) Indirect or inadvertent residues. 

[Reserved] 

[FR Doc. 2018–27047 Filed 12–12–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2018–0002; Internal 

Agency Docket No. FEMA–8559] 

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. Also, information 

identifying the current participation 

status of a community can be obtained 

from FEMA’s Community Status Book 

(CSB). The CSB is available at https:// 

www.fema.gov/national-floodinsurance-program-community-statusbook. 

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 Adrienne L. 

Sheldon, PE, CFM, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 400 C 

Street SW, Washington, DC 20472, (202) 

212–3966. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures 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 the sale of NFIP flood 

insurance 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. We recognize that 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 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

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 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 

FIRM for 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 


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