Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Rules and Regulations 48153 

1Paul Cort, Earthjustice, on behalf of the NRDC 

and Sierra Club, EPA–HQ–OAR–2003–0062–0281. 

Dated: September 17, 2009. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–22825 Filed 9–21–09; 8:45 am] 

BILLING CODE 3710–92–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–HQ–OAR–2003–0062; FRL–8961–1] 

Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5); Final Rule To Stay the 

Grandfathering Provision for PM2.5

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule 

SUMMARY: In this final action, EPA is 

issuing a stay, for nine months, on the 

‘‘grandfathering’’ provision for 

particulate matter less than 2.5 

micrometers (PM2.5) requirements in the 

Federal Prevention of Significant 

Deterioration (PSD) program. The 

grandfathering provision was added to 

the Federal PSD regulations on May 16, 

2008, as part of the final rule titled, 

‘‘Implementation of the New Source 

Review (NSR) Program for Particulate 

Matter Less Than 2.5 Micrometers 

(PM2.5).’’ This stay follows an 

administrative stay, which was in effect 

from June 1, 2009, until September 1, 

2009, on the same provision. We believe 

this additional stay will provide 

sufficient time for EPA to propose, take 

public comment on, and issue a final 

action concerning the repeal of the 

grandfathering provision for PM2.5 in the 

Federal PSD program. 

DATES: Effective September 22, 2009, 40 

CFR 52.21(i)(1)(xi) is stayed for a period 

of nine months, until June 22, 2010. 

ADDRESSES: Docket: All documents in 

the docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the EPA Docket Center, Public Reading 

Room, EPA West, Room 3334, 1301 

Constitution Ave., NW., Washington, 

DC, 20460. 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) 566–1742, 

and the telephone number for the Air 

Docket is (202) 566–1744. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dan deRoeck, Air Quality Policy 

Division, (C504–03), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; 

telephone number (919) 541–5593; fax 

number (919) 541–5509; or e-mail 

address: deroeck.dan@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

Entities affected by this final action 

are the owners and operators of 

proposed new sources and 

modifications who submitted a 

complete application for a PSD permit 

before the July 15, 2008 effective date of 

the PM2.5 NSR Implementation Rule, but 

have not yet received their permit to 

construct. EPA has estimated that fewer 

than 20 proposed sources are covered by 

the grandfathering provision that is 

being stayed. 

Additional entities affected by this 

final rule include State and local 

reviewing authorities responsible for 

issuing the PSD permits to the new and 

modified major stationary sources 

affected by this rule. 

B. Where can I get a copy of this 

document and other related 

information? 

In addition to being available in the 

docket, an electronic copy of this final 

rule is also available on the World Wide 

Web in the regulations and standards 

section of our NSR home page located 

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

C. How is this preamble organized? 

I. General Information 

A. Does this action apply to me? 

B. Where can I get a copy of this document 

and other related information? 

C. How is this preamble organized? 

II. This Action 

A. Background 

B. Final Rule 

C. Comments and Responses 

D. Basis for Making This Rule Effective on 

the Date of Publication 

III. Statutory and Executive Order Review 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Determination Under Section 307(d) 

L. The Congressional Review Act 

M. Basis for Making This Rule Effective on 

the Date of Publication 

IV. Statutory Authority 

II. This Action 

A. Background 

On May 16, 2008, the EPA (‘‘we’’) 

issued a final rule amending our PSD 

and nonattainment NSR regulations to 

add requirements for the 

preconstruction review of PM2.5. 73 FR 

28321. The amendments addressed the 

major source threshold, significant 

emissions rate and offset ratios for 

PM2.5; interpollutant trading for offsets; 

and applicability of NSR to PM2.5

precursors. The rule also provided for 

the transition of the new requirements 

for PM2.5 in the NSR permitting process. 

On February 10, 2009, Earthjustice, on 

behalf of the Natural Resources Defense 

Council (NRDC) and Sierra Club, 

submitted a petition for reconsideration 

of four specific provisions of the May 

2008 final rule as provided for in Clean 

Air Act (CAA) 307(d)(7)(B).1 The 

specific provisions challenged by the 

petitioners include: (1) A transition 

period for PSD programs in States with 

approved PSD rules in their approved 

State Implementation Plans (SIPs) to 

revise and submit their new PM2.5

regulations to EPA within three years of 

the publication of the final rule. During 

the transition period, the rule allows 

States to continue using EPA’s 1997 

surrogate policy by which an analysis 

based on PM10 can be used to meet the 

requirements for the otherwise required 

PM2.5; (2) ‘‘grandfathering’’ under the 

Federal PSD program for permit 

applications submitted before the July 

15, 2008, effective date of the new rule, 

which allows the PM10 surrogate policy 

to continue to be used as the basis for 

approving such permits for PM2.5; (3) a 

transition period, during which time 

EPA is re-evaluating its test methods for 

condensable particulate matter (CPM) 

emissions, whereby States are not 

required to account for CPM in the 

permitting process; and (4) use of 

recommended interpollutant trading 

ratios to facilitate the trading of PM2.5

precursors emissions reductions for new 


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48154 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Rules and Regulations 

2The use of the word ‘‘extension’’ and other 

forms of ‘‘extend’’ in discussing the stays that 

follow an administrative stay is not intended to 

indicate that EPA is extending the administrative 

stay beyond the 3-month period authorized by CAA 

307(d)(7)(B). The second stay is a separate stay, and 

only ‘‘extends’’ the initial administrative stay in the 

sense that the second stay adds to the overall time 

period during which the provision is stayed. 

emissions of PM2.5 in areas designated 

‘‘nonattainment’’ for PM2.5. 

Under CAA 307(d)(7)(B), the 

Administrator may commence a 

reconsideration proceeding if the 

petitioner raises an objection to a rule 

that was impracticable to raise during 

the comment period or if the grounds 

for the objection arose after the 

comment period. In either case, the 

objection must be of central relevance to 

the outcome of the rule. The 

Administrator may stay the 

effectiveness of the rule for up to three 

months during such reconsideration. 

On April 24, 2009, we responded to 

the February 10, 2009 petition by letter 

indicating that we were convening a 

reconsideration proceeding for all four 

issues challenged in the petition and 

granting a 3-month administrative stay 

of one of the provisions—the 

grandfathering provision for PM2.5

contained in the Federal PSD program at 

40 CFR 52.21(i)(1)(xi). The letter also 

indicated that we would publish a 

notice of proposed rulemaking ‘‘in the 

near future’’ to propose repealing the 

grandfathering provision for PM2.5 in the 

Federal PSD program, on the grounds 

that it was adopted without prior public 

notice and is no longer substantially 

justified in light of the resolution of 

technical issues with respect to PM2.5

monitoring, emissions estimation, and 

air quality modeling that led to the PM10

surrogate policy in 1997. 

The administrative stay of the 

grandfathering provision for PM2.5 was 

issued and became effective on June 1, 

2009. See 74 FR 26098, FR Doc. E9– 

12575. As noted above, our authority to 

stay a rule or portion thereof solely 

under the Administrator’s discretion is 

limited to three months. When we have 

issued similar administrative stays in 

the past, it has often been our practice 

to also propose an extension of the stay 

through a rulemaking process to ensure 

that there is little or no gap between the 

end of the stay and the completion of 

the final action.2

B. Final Rule 

In this final rule we are staying the 

grandfathering provision in the Federal 

PSD regulations for nine months. As 

described above, the same provision 

was administratively stayed for 3 

months; however, that stay ended on 

September 1, 2009. Thus, there is a 

slight gap between the lapse of the 

administrative stay and the stay being 

issued under this final action. 

Nevertheless, we believe that the 

additional stay is needed and will 

provide adequate time for EPA to 

propose, take comment on, and issue a 

final action on issues that are associated 

with the grandfathering provision for 

PM2.5 that we are proposing to repeal. 

Therefore, we are issuing this stay of the 

grandfathering provision for PM2.5

contained in the Federal PSD program at 

40 CFR 52.21(i)(1)(xi) for nine months, 

until June 22, 2010. 

C. Comments and Responses 

When we proposed this stay on July 

23, 2009, we did not take comment on 

any substantive issues concerning the 

repeal of the grandfathering provision 

for PM2.5 contained in the Federal PSD 

program, or on any of the other 

provisions subject to the 

reconsideration. Comments sought were 

to be limited to the issue of whether to 

establish this additional stay and how 

long this stay should be. 74 FR 36427 

at 36429. 

We received three comments on the 

proposal to establish this further stay on 

the grandfathering provision under the 

Federal PSD program. Only one of these 

comments, from an environmental 

organization, explicitly addressed the 

proposed stay. This comment supported 

the 9-month stay for several reasons. 

First, the commenter correctly pointed 

out that the exemption was promulgated 

in the final rule without undergoing 

notice and comment. Second, the 

commenter claimed that the 

grandfathering provision for PM2.5

violates the CAA by waiving a core 

requirement of the CAA that assures 

source compliance with the national 

ambient air quality standards. In this 

regard, the commenter claimed that 

‘‘There is simply no legal argument that 

compliance with the 24-hour PM10

standard * * * represents a 

demonstration that the source will not 

cause or contribute to a violation of 

either the annual or 24-hour PM2.5

standards.’’ Finally, the commenter 

claimed that the exemption is arbitrary 

and capricious. In support of this claim, 

the commenter indicated that the 

technical issues raised in the 1997 

Surrogate Policy memo have been 

resolved, and the continued use of a 

surrogate ‘‘is not in fact an accurate and 

reliable substitute for measuring or 

showing compliance with the PM2.5

standard.’’ 

One commenter apparently 

misunderstood the proposal to be an 

extension of the grandfathering 

provision rather than a continuation of 

the stay of the provision. Based on this 

misunderstanding, the commenter 

appeared to support the grandfathering 

provision and an extension to it. The 

remaining commenter did not comment 

specifically on the proposed extension, 

but instead called upon EPA to ‘‘stop 

the proliferation of fine particulate 

matter.’’ 

We agree with the environmental 

organization commenter that the 

grandfathering provision for PM2.5 was 

not proposed for comment in the 

November 2005 PM2.5 Implementation 

Rule proposal. This was acknowledged 

in the Administrator’s April 24 letter 

responding to the petitioners. With 

regard to this commenter’s other 

concerns, we plan to issue a separate 

Federal Register notice soliciting 

comments on issues related to (1) the 

repeal of the grandfathering provision 

for PM2.5 contained in the Federal PSD 

program, and (2) ending the PM10

Surrogate Policy in States with EPAapproved PSD programs in their SIP. In 

yet another subsequent notice, we plan 

to solicit comment on issues related to 

the remaining two provisions of the May 

2008 final rule for which the 

Administrator granted reconsideration. 

III. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

B. Paperwork Reduction Act 

This action does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. Burden is 

defined at 5 CFR 1320.3(b). This action 

only issues a stay of one provision 

within the final PM2.5 NSR 

Implementation Rule for 9 months. 

However, the Office of Management 

and Budget (OMB) has previously 

approved the information collection 

requirements contained in the existing 

regulations under the provisions of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. and has assigned OMB 

control number 2060–0033 [EPA ICR 

No. 1230.21]. The OMB control numbers 

for EPA’s regulations in 40 CFR are 

listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 


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Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Rules and Regulations 48155 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this final rule on small entities, small 

entity is defined as: (1) A small business 

as defined by the Small Business 

Administration’s (SBA) regulations at 13 

CFR 121.201; (2) a small governmental 

jurisdiction that is a government of a 

city, county, town, school district or 

special district with a population of less 

than 50,000; and (3) a small 

organization that is any not-for-profit 

enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this proposed rule on small 

entities, I certify that this rule will not 

impose any new requirements on small 

entities. We have determined that small 

businesses will not incur any adverse 

impacts because EPA is taking this 

action to issue a stay of one amendment 

to the regulations at 40 CFR 52.21 

concerning the grandfathering provision 

that affects fewer than 20 major 

stationary sources. No costs are 

associated with this amendment. 

D. Unfunded Mandates Reform Act 

This action does not contain a Federal 

mandate under the provisions of Title II 

of the Unfunded Mandates Reform Act 

of 1995 (UMRA), 2 U.S.C. 1531–1538 for 

State, local, and tribal governments, in 

the aggregate, or the private sector in 

any one year. This action only stays one 

provision of the regulations at 40 CFR 

52.21 concerning the grandfathering 

provision that affects fewer than 20 

sources. Thus, this rule is not subject to 

the requirements of sections 202 or 205 

of the Unfunded Mandates Reform Act 

(UMRA). 

This final rule is also not subject to 

the requirements of section 203 of 

UMRA because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This final rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132. This action only stays one 

provision of the regulations at 40 CFR 

52.21 concerning the grandfathering 

provision for PM2.5 that affects fewer 

than 20 sources. Thus, EO 13132 does 

not apply to this rule. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in EO 13175 

(65 FR 67249, November 9, 2000). This 

action will not impose any new 

obligations or enforceable duties on 

tribal governments. Thus, EO 13175 

does not apply to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

EPA interprets EO 13045 (62 FR 

19885, April 23, 1997) as applying only 

to those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because this rule stays one 

provision of the regulations at 40 CFR 

52.21 concerning the grandfathering 

provision for PM2.5 that affects fewer 

than 20 sources. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866 (58 FR 51735, 

October 4, 1993) and is therefore not 

subject to review under the Executive 

Order. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This final rulemaking does not 

involve technical standards. Therefore, 

EPA is not using any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629 

(Feb. 16, 1994)) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

EPA has determined that this final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority and/ 

or low income populations. The rule 

stays one part of the regulations at 40 

CFR 52.21 by staying the grandfathering 

provision for PM2.5. The affected 

sources, after further analysis and data 

collection, may receive permitted 

emissions limits that are equally or 

more protective of public health than 

would be likely in the absence of this 

stay. 

K. Determination Under Section 307(d) 

Pursuant to sections 307(d)(1)(J) and 

307(d)(1)(V) of the CAA, the 

Administrator determines that this 

action is subject to the provisions of 

section 307(d). Section 307(d)(1)(V) 

provides that the provisions of section 

307(d) apply to ‘‘such other actions as 

the Administrator may determine.’’ 

L. The 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. 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. 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). This rule 

will be effective September 22, 2009. 


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48156 Federal Register / Vol. 74, No. 182 / Tuesday, September 22, 2009 / Rules and Regulations 

M. Basis for Making This Rule Effective 

on the Date of Publication 

Section 553(d) of the Administrative 

Procedure Act (APA), 5 U.S.C. 553(b), 

generally provides that rules may not 

take effect earlier than 30 days after they 

are published in the Federal Register. 

However, EPA is issuing this final rule 

under section 307(d)(1) of the CAA, 

which states: 

The provisions of section 553 through 557 

* * * of Title 5 shall not, except as expressly 

provided in this section, apply to actions to 

which this subsection applies. 

Thus, section 553(d) of the APA does 

not apply to this rule. EPA is 

nevertheless acting consistently with 

the policies underlying APA section 

553(d) in making this rule effective on 

the date of publication. APA section 

553(d)(3) provides an exception when 

the agency finds good cause exists for a 

period less than 30 days before 

effectiveness. We find good cause exists 

to make this rule effective upon 

publication because doing so alleviates 

potential administrative and regulatory 

confusion that could arise if the gap 

between the administrative stay that 

ended on September 1, 2009 and this 

stay were 30 days longer. 

IV. Statutory Authority 

The statutory authority for this action 

is provided by section 301(a) of the CAA 

as amended (42 U.S.C. 7601(a)). This 

notice is also subject to section 307(d) 

of the CAA (42 U.S.C. 7407(d)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practices and 

procedures, Air pollution control, 

Intergovernmental relations. 

Dated: September 16, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For reasons discussed in the 

preamble, the EPA amends 40 CFR part 

52 as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

§ 52.21 [Amended] 

■ 2. Effective September 22, 2009, in 

§ 52.21, paragraph (i)(1)(xi) is stayed 

until June 22, 2010. 

[FR Doc. E9–22903 Filed 9–21–09; 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–8095] 

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 

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, 


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