4082 Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Rules and Regulations 

1An EAC is an agreement between a State, local 

governments and EPA to implement measures not 

necessarily required by the Act in order to achieve 

cleaner air as soon as possible. The program was 

designed for areas that approach or monitor 

exceedances of the 8-hour ozone standard, but are 

in attainment for the 1-hour ozone NAAQS. 

* * * * * 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2014–01382 Filed 1–23–14; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0562; FRL–9905–70– 

Region–4] 

Approval and Promulgation of 

Implementation Plans; North Carolina: 

Non-Interference Demonstration for 

Removal of Federal Low-Reid Vapor 

Pressure Requirement for the 

Greensboro/Winston-Salem/High Point 

Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving the State of 

North Carolina’s April 12, 2013, State 

Implementation Plan (SIP) revision to 

its approved maintenance plan for the 

Greensboro/Winston-Salem/High Point 

1997 8-hour Ozone Maintenance Area 

(Triad). Specifically, North Carolina’s 

SIP revision, including updated 

modeling, shows that the Triad Area 

would continue to maintain the 1997 8- 

hour ozone standard if the currently 

applicable Federal Reid Vapor Pressure 

(RVP) standard for gasoline of 7.8 

pounds per square inch (psi) were 

modified to 9.0 psi for four portions 

(Davidson, Forsyth, Guilford and Davie 

Counties) of the ‘‘Triad Area’’ during the 

high-ozone season. The State has 

included a technical demonstration 

with the SIP revision to demonstrate 

that a less-stringent RVP standard of 9.0 

psi in these portions of this area would 

not interfere with continued 

maintenance of the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS) or any other applicable 

standard. Approval of this SIP revision 

is a prerequisite for EPA’s consideration 

of an amendment to the regulations to 

remove the aforementioned portions of 

the Triad Area from the list of areas that 

are currently subject to the Federal 7.8 

psi RVP requirements. In addition, the 

revised on-road mobile and non-road 

mobile source emissions modeling 

associated with the requested 

modification to the RVP standard 

utilizes the updated Motor Vehicle 

Emissions Simulator (MOVES) and 

NONROAD2008 models which are the 

most current versions of modeling 

systems available for these sources. EPA 

has determined that North Carolina’s 

April 12, 2013, SIP revision with respect 

to the revisions to the modeling and 

associated technical demonstration 

associated with the State’s request for 

the removal of the Federal 7.8 psi RVP 

requirements, and with respect to the 

updated on-road mobile, non-road 

mobile and area source emissions, is 

consistent with the applicable 

provisions of the Clean Air Act (CAA or 

Act). Should EPA decide to remove the 

subject portions of the Triad Area from 

those areas subject to the 7.8 psi Federal 

RVP requirements, such action will 

occur in a subsequent rulemaking. 

DATES: This rule will be effective on 

February 24, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0562. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at lakeman.sean@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background of the Triad Area 

II. Background of the Gasoline Volatility 

Requirement 

III. This Action 

IV. Final Action 

V. Statutory and Executive Order Reviews 

I. Background of the Triad Area 

On November 6, 1991 (56 FR 56694), 

EPA designated the Counties of 

Davidson, Forsyth and Guilford in their 

entirety and the portion of Davie County 

bounded by the Yadkin River, 

Dutchmans Creek, North Carolina 

Highway 801, Fulton Creek and back to 

Yadkin River in the Triad Area as 

moderate nonattainment for the 1-hour 

ozone NAAQS. Among the requirements 

applicable to nonattainment areas for 

the 1-hour ozone NAAQS was the 

requirement to meet certain volatility 

standards (known as Reid Vapor 

Pressure or RVP) for gasoline sold 

commercially. See 55 FR 23658 (June 

11, 1990). As discussed in greater detail 

below, as part of the RVP requirements 

associated with the nonattainment 

designation, gasoline sold in the Triad 

1-hour ozone nonattainment area could 

not exceed 7.8 psi RVP during the highozone season months. 

Following implementation of the 7.8 

psi RVP requirement in the Triad Area, 

on September 9, 1993, the Triad Area 

was redesignated to attainment for the 

1-hour ozone NAAQS, based on 1989– 

1992 ambient air quality monitoring 

data. See 58 FR 47391. North Carolina’s 

November 13, 1992, 1-hour ozone 

redesignation request did not include a 

request for the removal of the 7.8 psi 

RVP standard. The requirements 

remained in place for the Area when it 

was designated nonattainment for the 

1997 8-hour ozone NAAQS that was 

promulgated on July 18, 1997, and later 

designated attainment for the 2008 8- 

hour ozone NAAQS that was 

promulgated March 12, 2008. See 77 FR 

30088 (May 21, 2012). 

On April 30, 2004, EPA designated 

and classified areas for the 1997 8-hour 

ozone NAAQS (69 FR 23857) 

unclassifiable/attainment or 

nonattainment for the new 8-hour ozone 

NAAQS. The Triad Area was designated 

as nonattainment with a deferred 

effective date as part of the Early Action 

Compact (EAC)1 program. (For more 

information on the EAC program, see, 

http://www.epa.gov/airquality/eac/

fs20080331_eac.html.) The GreensboroWinston Salem-High Point 

nonattainment-deferred EAC Area for 

the 1997 8-hour ozone NAAQS 

expanded the Triad Area to include the 

entire county of Davie, and Alamance, 


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Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Rules and Regulations 4083 

2See 55 FR 23658 (June 11, 1990), 56 FR 24242 

(May 29, 1991) and 56 FR 64704 (Dec. 12, 1991). 

3EPA notes that the supportive comment also 

requested that any separate action to remove the 

Triad Area from those areas subject to the more 

stringent 7.8 psi RVP requirements be done through 

a direct final rulemaking action. As described in the 

proposed rule for today’s action, and reiterated in 

this final rule, any action to remove the Triad Area 

from the more stringent 7.8 psi RVP requirements 

will be done through a separate action. Any 

comments regarding that separate action should be 

submitted in response to such action. EPA does not 

view this request as relevant to today’s action 

approving revisions to the Triad Area 110(a)(1) 

maintenance plan. 

Caswell, Randolph, and Rockingham 

Counties in their entirety. The 

Greensboro-Winston Salem-High Point 

EAC Area attained the 1997 8-hour 

ozone NAAQS with a design value of 

0.083 parts per million (ppm) using 

three years of quality assured data for 

the years of 2005–2007. On February 6, 

2008, EPA proposed that 13 

nonattainment areas with deferred 

effective dates, including the 

Greensboro-Winston Salem-High Point 

Area, be designated attainment for the 

1997 8-hour ozone NAAQS. See 73 FR 

6863. These areas met all of the 

milestones of the EAC program and 

demonstrated that they were in 

attainment of the 1997 8-hour ozone 

NAAQS as of December 31, 2007. This 

rulemaking was finalized on April 2, 

2008. See 73 FR 17897. Effective April 

15, 2008, the Greensboro-Winston 

Salem-High Point EAC Area was 

designated as attainment for the 1997 8- 

hour ozone NAAQS. However, these 

attainment areas were required to 

submit a 10-year maintenance plan 

under section 110(a)(1) of the CAA. As 

required, these plans provide for 

continued attainment and maintenance 

of the 1997 8-hour ozone NAAQS for at 

least 10 years from the effective date of 

these areas’ designation as attainment 

for the 1997 8-hour ozone NAAQS. 

These plans also include components 

illustrating how each area will continue 

to attain the 1997 8-hour ozone NAAQS 

and provided contingency measures. 

II. Background of the Gasoline 

Volatility Requirement 

On August 19, 1987 (52 FR 31274), 

EPA determined that gasoline 

nationwide had become increasingly 

volatile, causing an increase in 

evaporative emissions from gasolinepowered vehicles and equipment. 

Evaporative emissions from gasoline, 

referred to as volatile organic 

compounds (VOC), are precursors to the 

formation of tropospheric ozone and 

contribute to the nation’s ground-level 

ozone problem. Exposure to groundlevel ozone can reduce lung function 

(thereby aggravating asthma or other 

respiratory conditions), increase 

susceptibility to respiratory infection, 

and may contribute to premature death 

in people with heart and lung disease. 

The most common measure of fuel 

volatility that is useful in evaluating 

gasoline evaporative emissions is RVP. 

Under section 211(c) of CAA, EPA 

promulgated regulations on March 22, 

1989 (54 FR 11868), that set maximum 

limits for the RVP of gasoline sold 

during the high ozone season. These 

regulations constituted Phase I of a twophase nationwide program, which was 

designed to reduce the volatility of 

commercial gasoline during the summer 

ozone control season. On June 11, 1990 

(55 FR 23658), EPA promulgated more 

stringent volatility controls as Phase II 

of the volatility control program. These 

requirements established maximum 

RVP standards of 9.0 psi or 7.8 psi 

(depending on the State, the month, and 

the area’s initial ozone attainment 

designation with respect to the 1-hour 

ozone NAAQS during the high ozone 

season). 

The 1990 CAA Amendments 

established a new section, 211(h), to 

address fuel volatility. Section 211(h) 

requires EPA to promulgate regulations 

making it unlawful to sell, offer for sale, 

dispense, supply, offer for supply, 

transport, or introduce into commerce 

gasoline with an RVP level in excess of 

9.0 psi during the high ozone season. 

Section 211(h) prohibits EPA from 

establishing a volatility standard more 

stringent than 9.0 psi in an attainment 

area, except that EPA may impose a 

lower (more stringent) standard in any 

former ozone nonattainment area 

redesignated to attainment. 

On December 12, 1991 (56 FR 64704), 

EPA modified the Phase II volatility 

regulations to be consistent with section 

211(h) of the CAA. The modified 

regulations prohibited the sale of 

gasoline with an RVP above 9.0 psi in 

all areas designated attainment for 

ozone, beginning in 1992. For areas 

designated as nonattainment, the 

regulations were retained as contained 

in the original Phase II Rule published 

on June 11, 1990 (55 FR 23658). 

As stated in the preamble to the Phase 

II volatility controls and reiterated in 

the proposed change to the volatility 

standards published in 1991, EPA will 

rely on states to initiate changes to 

EPA’s volatility program that they 

believe will enhance local air quality 

and/or increase the economic efficiency 

of the program within the statutory 

limits.2 In those rulemakings, EPA 

explained that the governor of a state 

may petition EPA to set a volatility 

standard less stringent than 7.8 psi for 

some month or months in a 

nonattainment area. The petition must 

demonstrate such a change is 

appropriate because of a particular local 

economic impact and that sufficient 

alternative programs are available to 

achieve attainment and maintenance of 

the 1-hour ozone NAAQS. A current 

listing of the RVP requirements for 

states can be found on EPA’s Web site 

at: http://www.epa.gov/otaq/fuels/

gasolinefuels/volatility/standards.htm. 

As explained in the December 12, 

1991 (56 FR 64704), Phase II 

rulemaking, EPA believes that 

relaxation of an applicable RVP 

standard is best accomplished in 

conjunction with the redesignation 

process. As noted above, however, 

North Carolina did not request 

relaxation of the applicable 7.8 psi RVP 

standard when the Triad Area was 

redesignated to attainment for the either 

the 1-hour or the 1997 8-hour ozone 

NAAQS. Rather, North Carolina is now 

seeking to relax the 7.8 psi RVP 

standard after the Triad Area has been 

redesignated to attainment for the 1997 

8-hour ozone NAAQS. Accordingly, the 

original modeling and maintenance 

demonstration supporting the 1997 8- 

hour ozone maintenance plan must be 

revised to reflect continued attainment 

under the relaxed 9.0 psi RVP standard 

that the State has requested. 

III. This Action 

On November 26, 2013 (78 FR 70516), 

EPA proposed approval of North 

Carolina’s April 12, 2013, revision to the 

State’s approved 1997 8-hour ozone 

maintenance plan for the Triad area. 

Specifically, North Carolina’s revision, 

including updated modeling, shows that 

the Triad Area would continue to 

maintain the 1997 8-hour ozone 

standard if the currently applicable RVP 

standard for gasoline from 7.8 psi were 

modified to 9.0 psi during the highozone season. In addition, the revised 

on-road mobile and non-road mobile 

source emissions modeling associated 

with the requested modification to the 

RVP standard results in the use of the 

updated Motor Vehicle Emissions 

Simulator (MOVES) and 

NONROAD2008 models which are the 

most current versions of modeling 

systems available for these sources. No 

adverse comments and one supportive 

comment were received on this 

proposed action.3 EPA is hereby 

finalizing approval of the revision. 

This rulemaking approves a revision 

to the 1997 8-hour ozone Maintenance 

Plan for the Triad Area submitted by the 


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4084 Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Rules and Regulations 

NC DENR. Specifically, EPA is 

approving changes to the maintenance 

plan, including updated modeling that 

shows that the Triad Area can continue 

to maintain the 1997 ozone standard 

without reliance on emission reductions 

based upon the use of gasoline with an 

RVP of 7.8 psi in any of the Triad Area 

counties during the high ozone season— 

June 1 through September 15. EPA is 

also concluding that the new modeling 

demonstrates that the area would 

continue to attain the 1997 8-hour ozone 

standard with the use of gasoline with 

an RVP of 9.0 psi throughout the Triad 

Area during the high ozone season. 

Consistent with section 110(l) of the 

Act, EPA also concludes that the use of 

gasoline with an RVP of 9.0 psi 

throughout the Maintenance Plan Areas 

during the high ozone season would not 

interfere with other applicable 

requirements of the Act. 

Section 110(l) requires that a revision 

to the SIP not interfere with any 

applicable requirement concerning 

attainment and reasonable further 

progress (RFP) (as defined in section 

171), or any other applicable 

requirement of the Act. To determine 

the approvability of North Carolina’s 

April 12, 2013, SIP revision, EPA 

considers whether the requested action 

complies with section 110(l) of the 

CAA. Because the modeling associated 

with the current maintenance plan for 

North Carolina is premised in part upon 

the 7.8 psi RVP requirements, a request 

to revise the maintenance plan 

modeling to no longer rely on the 7.8 psi 

RVP requirement is subject to the 

requirements of CAA section 110(l). 

Therefore, the State must demonstrate 

that this revision will not interfere with 

the attainment or maintenance of any of 

the NAAQS or any other applicable 

requirement of the CAA. 

This section 110(l) non-interference 

demonstration is a case-by-case 

determination based upon the 

circumstances of each SIP revision. EPA 

interprets 110(l) as applying to all 

NAAQS that are in effect, including 

those that have been promulgated but 

for which the EPA has not yet made 

designations. The specific elements of 

the 110(l) analysis contained in the SIP 

revision depend on the circumstances 

and emissions analyses associated with 

that revision. EPA’s analysis of North 

Carolina’s April 12, 2013, SIP revision, 

including review of section 110(l) 

requirements can be found in the 

proposed rule published on November 

26, 2013, at 78 FR 70516. 

This rulemaking is only approving the 

State’s revision to its existing 

maintenance plan for the Triad Area 

showing that the area can continue to 

maintain the standard without relying 

upon gasoline with an RVP of 7.8 psi 

being sold in the Triad Area during the 

high ozone season. 

IV. Final Action 

EPA is approving the State of North 

Carolina’s April 12, 2013, revision to its 

110(a)(1) Maintenance Plan for the Triad 

1997 8-hour Ozone Maintenance Area. 

Specifically, EPA is approving the 

State’s showing that the Triad Area can 

continue to maintain the 1997 ozone 

standard without emissions reductions 

associated with the use of gasoline with 

an RVP of 7.8 psi in the four Triad Area 

counties during the high ozone season— 

June 1 through September 15. 

In addition, EPA is approving an 

updated on-road mobile, non-road 

mobile and area source emissions for 

the Triad Area. EPA has determined that 

North Carolina’s April 12, 2013, SIP 

revision, including the technical 

demonstration associated with the 

State’s request for the removal of the 

Federal RVP requirements, and the 

updated on-road mobile, non-road 

mobile and area source emissions are 

consistent with the applicable 

provisions of the CAA. Should EPA 

decide to remove subject portions of the 

Triad Area from those areas subject to 

the 7.8 psi Federal RVP requirements, 

such action will occur in a separate, 

subsequent rulemaking. 

V. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submittal 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, 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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, October 7, 

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 CAA; and 

• does not provide 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, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 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). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 25, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 


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Federal Register / Vol. 79, No. 16 / Friday, January 24, 2014 / Rules and Regulations 4085 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Reporting and 

recordkeeping requirements and 

Volatile organic compounds. 

Dated: January 10, 2014. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52, 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 II—North Carolina 

■ 2. Section 52.1770(e) is amended by 

adding a new entry for ‘‘Supplement 

Maintenance Plan for the Greensboro/

Winston-Salem/High Point Area, NC 

1997 8-hour Ozone Maintenance Area 

and RVP Standard.’’ at the end of the 

table to read as follows: 

§ 52.1770 Identification of plan. 

* * * * * 

(e) * * * 

EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS

Provision State effective 

date 

EPA approval 

date Federal Register citation Explanation 

*******

Supplement Maintenance Plan for the Greensboro/

Winston-Salem/High Point Area, NC 1997 8-hour 

Ozone Maintenance Area and RVP Standard.

4/2/2013 1/24/2014 [Insert citation of publication].

[FR Doc. 2014–01330 Filed 1–23–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2013–0002; Internal 

Agency Docket No. FEMA–8317] 

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 http://

www.fema.gov/fema/csb.shtm. 

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, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

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 

Administrator finds that notice and 

public comment procedures 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 


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