Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 61515 

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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(e) is amended by adding at the end of 

the table an entry for ‘‘2002 Base Year 

Emissions Inventory for the 1997 fine 

particulate matter (PM2.5) standard’’ to 

read as follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(e) EPA-approved nonregulatory and 

quasi-regulatory material. 

Name of non-regulatory SIP revision Applicable geographic area State submittal date EPA approval date Additional 

explanation 

*******

2002 Base Year Emissions Inventory for the 1997 fine particulate 

matter (PM2.5) standard.

Maryland portion of the Washington 

DC–MD–VA 1997 PM2.5 nonattainment area.

4/3/08 10/10/12 [Insert page number where 

the document begins].

§ 52.1075(l) 

■ 3. In § 52.1075, paragraph (l) is added 

to read as follows: 

§ 52.1075 Base year emissions inventory. 

* * * * * 

(l) EPA approves as a revision to the 

Maryland State Implementation Plan the 

2002 base year emissions inventory for 

the Maryland portion of the Washington 

DC–MD–VA 1997 fine particulate matter 

(PM2.5) nonattainment area submitted by 

the Maryland Department of 

Environment on April 3, 2008. The 2002 

base year emissions inventory includes 

emissions estimates that cover the 

general source categories of point 

sources, non-road mobile sources, area 

sources, on-road mobile sources, and 

biogenic sources. The pollutants that 

comprise the inventory are nitrogen 

oxides (NOX), volatile organic 

compounds (VOCs), PM2.5, coarse 

particles (PM10), ammonia (NH3), and 

sulfur dioxide (SO2). 

[FR Doc. 2012–24645 Filed 10–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2011–0949; FRL–9361–7] 

Alkyl Amines Polyalkoxylates; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation amends the 

exemption from the requirement of a 

tolerance for residues alkyl amines 

polyalkoxylates under 40 CFR 180.920 

and 40 CFR 180.930 to include the 

additional Chemical Abstract Service 

Registry Number (CAS Reg. No.) 

1266162–49–5. BASF Corporation 

submitted a petition to EPA under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA), requesting an amendment to 

an existing requirement of a tolerance. 

DATES: This regulation is effective 

October 10, 2012. Objections and 

requests for hearings must be received 

on or before December 10, 2012, 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 docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0949 is 

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), EPA West 

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: 

Elizabeth Fertich, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8560; email address: 

fertich.elizabeth@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:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&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, 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–2011–0949 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 December 10, 2012. 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 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 nonVerDate Mar<15>2010 15:13 Oct 09, 2012 Jkt 229001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\10OCR1.SGM 10OCR1

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61516 Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 

CBI copy of your objection or hearing 

request, identified by docket ID number 

EPA–HQ–OPP–2011–0949, 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 

Confidential Business Information (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.htm. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

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

dockets. 

II. Petition for Exemption 

In the Federal Register of March 14, 

2012 (77 FR 15012) (FRL–9335–9), EPA 

issued a notice pursuant to FFDCA 

section 408, 21 U.S.C. 346a, announcing 

the filing of a pesticide petition (PP 

1E7931) by BASF Corporation, 100 

Campus Drive; Florham Park, NJ 07932. 

The petition requested that 40 CFR 

180.920 and 180.930 be amended by 

modifying an exemption from the 

requirement of a tolerance for residues 

of N,N-Bis-a-ethyl-w-hydroxypoly(oxy1,2-ethanediyl) C8–C18 saturated and 

unsaturated alkylamines; the poly(oxy1,2-ethanediyl) content is 2–60 moles 

(CAS Reg. Nos. 10213–78–2, 25307–17– 

9, 26635–92–7, 26635–93–8, 288259– 

52–9, 58253–49–9, 61790–82–7, 61791– 

14–8, 61791–24–0, 61791–26–2, 61791– 

31–9, 61791–44–4, 68155–33–9, 68155– 

39–5, 68155–40–8,70955–14–5, 73246– 

96–5); herein referred to as alkyl amines 

polyalkoxylates. Specifically, the 

petition requested that the exemption 

also include the alkyl amines 

polyalkoxylate described by CAS Reg. 

No. 1266162–49–5. That notice 

referenced a summary of the petition 

prepared by BASF Corporation, the 

petitioner, which is available in the 

docket, http://www.regulations.gov. 

There were no comments received in 

response to the notice of filing. 

In this petition, BASF Corporation 

claims that the chemical represented by 

CAS Reg. No. 1266162–49–5 (poly(oxy1,2-ethandiyl), a,a’-[[(2- 

propylheptyl)imino]di-2,1- 

ethanediyl]bis[w-hydroxy-) is covered 

by the published tolerance exemption 

for alkyl amines polyalkoxylates and 

that no further data or review is 

required to amend the existing tolerance 

exemption to include the additional 

CAS Reg. No. 

III. Inert Ingredient Definition 

Inert ingredients are all ingredients 

that are not active ingredients as defined 

in 40 CFR 153.125 and include, but are 

not limited to, the following types of 

ingredients (except when they have a 

pesticidal efficacy of their own): 

Solvents such as alcohols and 

hydrocarbons; surfactants such as 

polyoxyethylene polymers and fatty 

acids; carriers such as clay and 

diatomaceous earth; thickeners such as 

carrageenan and modified cellulose; 

wetting, spreading, and dispersing 

agents; propellants in aerosol 

dispensers; microencapsulating agents; 

and emulsifiers. The term ‘‘inert’’ is not 

intended to imply nontoxicity; the 

ingredient may or may not be 

chemically active. Generally, EPA has 

exempted inert ingredients from the 

requirement of a tolerance based on the 

low toxicity of the individual inert 

ingredients. 

IV. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish an exemption 

from the requirement for 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. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance 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 * * *.’’ 

EPA establishes exemptions from the 

requirement of a tolerance only in those 

cases where it can be clearly 

demonstrated that the risks from 

aggregate exposure to pesticide 

chemical residues under reasonably 

foreseeable circumstances will pose no 

appreciable risks to human health. In 

order to determine the risks from 

aggregate exposure to pesticide inert 

ingredients, the Agency considers the 

toxicity of the inert ingredient in 

conjunction with possible exposure to 

residues of the inert ingredient through 

food, drinking water, and through other 

exposures that occur as a result of 

pesticide use in residential settings. If 

EPA is able to determine that a finite 

tolerance is not necessary to ensure that 

there is a reasonable certainty that no 

harm will result from aggregate 

exposure to the inert ingredient, an 

exemption from the requirement of a 

tolerance may be established. 

Consistent with FFDCA section 

408(c)(2)(A), and the factors specified in 

FFDCA section 408(c)(2)(B), EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for alkyl amine 

polyalkoxylates including exposure 

resulting from the exemption 

established by this action. EPA’s 

assessment of exposures and risks 

associated with alkyl amine 

polyalkoxylates follows. 

The Agency agrees with the petitioner 

that CAS Reg. No. 1266162–49–5 is an 

alkyl amine polyalkoxylate similar to 

the other alkyl amine polyalkoxylates 

present in the exemption for N,N-Bis-aethyl-w-hydroxypoly(oxy-1,2- 

ethanediyl) C8–C18 saturated and 

unsaturated alkylamines; the poly(oxy1,2-ethanediyl) content is 2–60 moles 

(CAS Reg. Nos. 10213–78–2, 25307–17– 

9, 26635–92–7, 26635–93–8, 288259– 

52–9, 58253–49–9, 61790–82–7, 61791– 

14–8, 61791–24–0, 61791–26–2, 61791– 

31–9, 61791–44–4, 68155–33–9, 68155– 

39–5, 68155–40–8, 70955–14–5, 73246– 

96–5). In 2009, in establishing the 

exemption for the alkyl amine 

polyalkoxylates, EPA assessed the safety 

of the alkyl amine polyalkoxylates 

generally using worst case exposure 

assumptions. (74 FR 28616) (FRL–8418– 

6). EPA concluded that that assessment 

showed that exempting the alkyl amine 

polyalkoxylates from the requirement 

from a tolerance would be safe. 

Inclusion of chemical described by the 

CAS Reg. No. 1266162–49–5 in the risk 

assessment for the alkyl amine 

polyalkoxylates would in no way alter 

that prior risk assessment given the 

generic findings on toxicity and the 

worst case exposure assumptions used 

in that risk assessment. Accordingly, 

based on the findings in that earlier 

rule, EPA has determined that there is 

a reasonable certainty that no harm to 

any population subgroup, including 

infants and children, will result from 

aggregate exposure to alkyl amine 

polyalkoxylates, including the chemical 

described by the CAS Reg. No. 


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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Rules and Regulations 61517 

1266162–49–5, under reasonably 

foreseeable circumstances. Therefore, 

the amendment of an exemption from 

tolerance under 40 CFR 180.920 and 

180.930 for residues of alkyl amine 

polyalkoxylates to include the chemical 

described by the CAS Reg. No. 

1266162–49–5 is safe under FFDCA 

section 408. 

V. Other Considerations 

A. Analytical Enforcement Methodology 

An analytical method is not required 

for enforcement purposes since the 

Agency is establishing an exemption 

from the requirement of a tolerance 

without any numerical limitation. 

B. 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 alkyl amine 

polyalkoxylates. 

VI. Conclusions 

Therefore, the exemption from the 

requirement of a tolerance under 40 CFR 

180.920 and 180.930 for alkyl amine 

polyalkoxylates is amended to include 

CAS Reg. No. 1266162–49–5. 

VII. Statutory and Executive Order 

Reviews 

This final rule establishes a tolerance 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. 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 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). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance in this final rule, 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 final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

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

the Agency 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 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency 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 final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

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

VIII. 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: September 28, 2012. 

Lois Rossi, 

Director, Registration Division, 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. In § 180.920, the table is amended 

by revising the following inert 

ingredient to read as follows: 

§ 180.920 Inert ingredients use preharvest; exemptions from the requirement 

of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

N,N-Bis-a-ethyl-w-hydroxypoly(oxy-1,2-ethanediyl) C8–C18 saturated and unsaturated alkylamines; the poly(oxy-1,2- 

ethanediyl) content is 2–60 moles (CAS Reg. Nos. 10213–78– 

2, 25307–17–9, 26635–92–7, 26635–93–8, 288259–52–9, 

58253–49–9, 61790–82–7, 61791–14–8, 61791–24–0, 61791– 

26–2, 61791–31–9, 61791–44–4, 68155–33–9, 68155–39–5, 

68155–40–8,70955–14–5, 73246–96–5, 1266162–49–5).

Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations.Surfactants, related adjuvants of 

surfactants. 


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Inert ingredients Limits Uses 

*******

■ 3. In § 180.930, the table is amended 

by revising the following inert 

ingredient to read as follows: 

§ 180.930 Inert ingredients applied to 

animals; exemptions from the requirement 

of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

N,N-Bis-a-ethyl-w-hydroxypoly(oxy-1,2-ethanediyl) C8–C18 saturated and unsaturated alkylamines; the poly(oxy-1,2- 

ethanediyl) content is 2–60 moles (CAS Reg. Nos. 10213–78– 

2, 25307–17–9, 26635–92–7, 26635–93–8, 288259–52–9, 

58253–49–9, 61790–82–7, 61791–14–8, 61791–24–0, 61791– 

26–2, 61791–31–9, 61791–44–4, 68155–33–9, 68155–39–5, 

68155–40–8,70955–14–5, 73246–96–5, 1266162–49–5).

Not to exceed 25% in herbicide formulations and 10% in insecticide and fungicide formulations.Surfactants, related adjuvants of 

surfactants 

* * * * * * * 

[FR Doc. 2012–24776 Filed 10–9–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8093] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: FEMA has scheduled one 

community for suspension because of 

its failure to adopt compliant floodplain 

management regulations under the 

National Flood Insurance Program 

(NFIP). If documentation is received 

from the community before the effective 

suspension date, indicating it has 

brought its floodplain management 

program into compliance with the NFIP 

requirements, FEMA will withdraw the 

suspension. 

DATES: Effective Dates: The effective 

date of the community’s scheduled 

suspension is the date listed in the 

fourth column of the following table. 

FOR FURTHER INFORMATION CONTACT: 

David Stearrett, Federal Insurance and 

Mitigation Administration, 1800 South 

Bell Street Arlington, VA 20598–3072, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The 

National Flood Insurance Program 

(NFIP) enables property owners to 

purchase flood insurance that is 

generally not otherwise available. In 

return, communities agree to adopt and 

implement local floodplain management 

regulations that contribute to protecting 

lives and reducing the risk of property 

damage from future flooding. Section 

1315 of the National Flood Insurance 

Act of 1968, as amended (42 U.S.C. 

4022), prohibits flood insurance 

coverage authorized under the National 

Flood Insurance Program (42 U.S.C. 

4001–4128) unless an appropriate 

public body adopts adequate floodplain 

management measures with effective 

administration and enforcement 

processes. 

The community listed in this notice 

currently has floodplain management 

regulations that are scheduled to lapse 

October 31, 2012. If the regulations 

lapse as scheduled, the community will 

no longer meet the NFIP requirements 

set forth at 44 CFR Part 59 et seq. Under 

44 CFR 59.24(d), a community will be 

suspended from the NFIP for repealing 

its floodplain management regulations, 

allowing its regulations to lapse or 

amending its regulations so that they no 

longer meet the minimum requirements. 

Accordingly, FEMA is suspending the 

City of Philadelphia, Philadelphia 

County, Pennsylvania (‘‘the City’’) on 

the effective date in the fourth column 

of the table. As of that date, the 

purchase of new flood insurance 

policies or the renewal of existing flood 

insurance policies under the NFIP will 

no longer be available. 

FEMA will not suspend the City; 

however, if the community submits the 

documentation required by 44 CFR 

59.24(d) to show that it has corrected 

the deficiencies and remedied the 

violations identified in the Suspension 

letter to the maximum extent possible. 

This documentation must be received 

by FEMA before the actual suspension 

date. If the City successfully 

demonstrates its compliance with NFIP 

regulations, FEMA will continue its 

eligibility for the sale of NFIP insurance. 

In the interim, if you wish to determine 

whether FEMA has suspended the City 

on the suspension date, please contact 

the FEMA Region III office at (215) 931– 

5532. Additional information may also 

be found at http://www.fema.gov/plan/ 

prevent/floodplain/nfipkeywords/ 

suspension.shtm. 

FEMA identified the special flood 

hazard areas (SFHAs) in this community 

by publishing a Flood Insurance Rate 

Map. The effective date of this map is 

indicated in the last column of the table. 

By law, no Federally regulated entity 

may provide financial assistance for 

acquisition or construction purposes for 

property located in a SFHA unless the 

community in which the property is 

located is participating in the NFIP (42 

U.S.C. 4106(a)). The prohibition against 

certain types of Federal disaster 

assistance also becomes effective for the 

City on the date shown in the fourth 

column (42 U.S.C. 4106(b)). 

The Administrator finds that notice 

and public comment procedure under 5 

U.S.C. 553(b) is impracticable and 

unnecessary because the community 

listed in this final rule has been 

adequately notified. The community 

received a Letter from FEMA Region III 

Administrator on March 2, 2012, 

advising the City it must submit 

compliant ordinance by May 31, 2012. 

The city submitted its ordinance; 

however, it has a sunset clause dated for 


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