14352 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 

controls generation facilities or inputs to 

electric power production, affiliation 

with any entity not disclosed in the 

application for market-based rate 

authority that owns, operates or controls 

transmission facilities, or affiliation 

with any entity that has a franchised 

service area. 

(b) Any change in status subject to 

paragraph (a) of this section, other than 

a change in status submitted to report 

the acquisition of control of a site or 

sites for new generation capacity 

development, must be filed no later than 

30 days after the change in status 

occurs. Power sales contracts with 

future delivery are reportable 30 days 

after the physical delivery has begun. 

Failure to timely file a change in status 

report constitutes a tariff violation. 

(c) When submitting a change in 

status notification regarding a change 

that impacts the pertinent assets held by 

a Seller or its affiliates with marketbased rate authorization, a Seller must 

include an appendix of assets in the 

form provided in Appendix B of this 

subpart. 

(d) A Seller must report on a quarterly 

basis the acquisition of control of a site 

or sites for new generation capacity 

development for which site control has 

been demonstrated in the 

interconnection process and for which 

the potential number of megawatts that 

are reasonably commercially feasible on 

the site or sites for new generation 

capacity development is equal to 100 

megawatts or more. If a Seller elects to 

make a monetary deposit so that it may 

demonstrate site control at a later time 

in the interconnection process, the 

monetary deposit will trigger the 

quarterly reporting requirement instead 

of the demonstration of site control. A 

notification of change in status that is 

submitted to report the acquisition of 

control of a site or sites for new 

generation capacity development must 

include: 

(1) The number of sites acquired; 

(2) The relevant geographic market in 

which the sites are located; and 

(3) The maximum potential number of 

megawatts (MW) that are reasonably 

commercially feasible on the sites 

reported. 

(e) For the purposes of paragraph (d) 

of this section, ‘‘control’’ shall mean ‘‘site 

control’’ as it is defined in the Standard 

Large Generator Interconnection 

Procedures (LGIP). 

[FR Doc. 2010–6480 Filed 3–24–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2007–1043; FRL–9129–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Michigan; PSD Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to convert a conditional approval 

of specified provisions of the Michigan 

State Implementation plan (SIP) to a full 

approval. The revisions consist of 

requirements of the prevention of 

significant deterioration (PSD) 

construction permit program under the 

Federal Clean Air Act (CAA). This 

program affects major stationary sources 

in Michigan that are subject to or 

potentially subject to the PSD 

construction permit program. EPA is 

converting its prior conditional 

approval to full approval because the 

Michigan Department of Environmental 

Quality (MDEQ) submitted corrections 

to the rules that satisfy the conditions 

listed in EPA’s conditional approval. As 

part of this direct final rule, EPA is 

rescinding Michigan’s delegation of 

authority for implementing the Federal 

PSD regulations. This action is being 

taken under section 110 of the CAA. 

DATES: This direct final rule will be 

effective May 24, 2010, unless EPA 

receives adverse comments by April 26, 

2010. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2007–1043, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: blakley.pamela@epa.gov. 

• Fax: (312) 692–2450 

• Mail: Pamela Blakley, Chief, Air 

Permits Section, (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. 

• Hand Delivery: Pamela Blakley, 

Chief, Air Permits Section, (AR–18J), 

U.S. Environmental Protection Agency, 

77 West Jackson Boulevard, Chicago, 

Illinois 60604. Deliveries are only 

accepted during the regional office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

regional office official hours of business 

are Monday through Friday, 8:30 a.m. to 

4:30 p.m. excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2007– 

1043. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment 

directly to EPA without going through 

http://www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

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, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This facility is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding Federal holidays. We 

recommend that you telephone Laura 

Cossa, Environmental Engineer, at (312) 

886–0661 before visiting the Region 5 

office. 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 14353 

FOR FURTHER INFORMATION CONTACT: 

Laura Cossa, Environmental Engineer, 

Air Permits Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, Region 5, 77 West 

Jackson Boulevard, Chicago, Illinois 

60604, (312) 886–0661, 

cossa.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. This supplementary information 

section is arranged as follows: 

I. Background 

II. How Michigan’s Revisions Satisfy the 

Terms of the Conditional Approval 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Michigan Air Pollution Control Rules, 

Part 18, Rules R 336.2801 [(a) through 

(tt)] except for (j) and (ff) to R 336.2819 

and R 336.2823(1) to (14) (‘‘Part 18’’) 

were submitted to EPA for inclusion in 

the SIP by MDEQ on December 21, 

2006. Part 18 relates to the State of 

Michigan’s PSD permit program. 

Revisions to Part 18 were adopted by 

MDEQ on December 4, 2006. EPA 

proposed to conditionally approve the 

PSD SIP rules under section 110 of the 

CAA on January 9, 2008 (73 FR 1570). 

EPA received several comments on its 

proposal. After considering the 

comments, EPA finalized its conditional 

approval of rules R 336.2801 to R 

336.2819 (except R 336.2816, ‘‘Sources 

Impacting Federal Class I Areas— 

Additional Requirements’’) and R 

336.2823(1) to (14) on September 16, 

2008 (73 FR 53366). In addition, in a 

separate action on September 16, 2008, 

EPA proposed to partially disapprove 

the portion of Michigan’s SIP revision 

submission consisting of Michigan Rule 

R 336.2816 (73 FR 53401). 

On September 30, 2008, MDEQ 

submitted the revisions to the SIP, 

incorporating the corrections required 

by EPA in the conditional approval. 

Specifically, the rules revised are R 

336.2801(r)(ii) (definition of ‘‘emission 

unit’’) and R 336.2801(hh) (definition of 

‘‘potential to emit’’). After consideration, 

EPA concludes that the submitted 

revisions to the SIP satisfy the 

conditions listed in EPA’s conditional 

approval, and today is converting its 

prior conditional approval to full 

approval. Additionally, EPA is 

rescinding its delegation of the PSD 

regulations to Michigan. 

The September 30, 2008 letter from 

Michigan to EPA also mentions 

revisions to rules R 336.1816(2) through 

(4), R 336.1801(ee), and R 336.1818(3) 

and (3)(f). EPA will take separate action 

on rules R 336.1816(2) through (4) 

(requirements relating to Class I areas). 

Michigan is not authorized to carry 

out its SIP approved PSD program in 

‘‘Indian Country’’, as defined in 18 

U.S.C. 1151. Indian Country includes: 

1. All lands within the exterior 

boundaries of Indian reservations 

within the State of Michigan; 

2. Any land held in trust by the U.S. 

for an Indian Tribe; and 

3. Any other land, whether on or off 

an Indian reservation that qualifies as 

Indian Country. 

Therefore, EPA retains the authority to 

implement and administer the PSD 

program in Indian Country. 

Because modifications of Rule R 

336.1801(ee) (‘‘net emissions increase’’) 

and R 336.1818(3) and (3)(f) (the 

‘‘reasonable possibility’’ recordkeeping 

and reporting requirements) are not part 

of the requirements of the conditional 

approval, and MDEQ has not previously 

requested EPA’s action on them, EPA is 

not acting on these modifications at this 

time. Unless and until these 

modifications are submitted and 

approved, they are not part of the SIP. 

II. How Michigan’s Revisions Satisfy 

the Terms of the Conditional Approval 

Michigan has established the 

definition of ‘‘emissions unit’’ in 

R 336.2801(r)(ii). This is consistent with 

the definition in 40 CFR 51.166(b)(7). 

Included in both the Federal and State 

definitions is the statement that a 

replacement unit is considered an 

existing unit under this definition. 

However, Michigan’s rules did not 

define ‘‘replacement unit,’’ which is 

included in the Federal rule at 40 CFR 

51.166(b)(32). In a letter sent to EPA on 

May 17, 2007, Michigan agreed to 

follow the Federal definition of 

‘‘replacement unit’’ in its 

implementation of these rules, and 

committed to add the definition in a 

future rulemaking. In a subsequent letter 

to EPA, dated November 30, 2007, 

MDEQ committed to add this definition 

in the rules not later than one year after 

EPA’s conditional approval of this plan. 

Therefore EPA conditionally approved 

this rule on September 16, 2008 (73 FR 

53366). 

On September 11, 2008, MDEQ 

adopted the revised rule, at the State 

level, to include the definition of 

‘‘replacement unit.’’ The definition is 

consistent with the definition in 40 CFR 

51.166(b)(32). On September 30, 2008, 

MDEQ submitted the revision of the rule 

to EPA. EPA finds that this correction 

satisfies the condition listed in EPA’s 

conditional approval. 

Michigan has established the 

definition of ‘‘potential to emit’’ in rule 

R 336.2801(hh). This definition is 

consistent with the definition in 40 CFR 

51.166(b)(4), except instead of ‘‘federally 

enforceable,’’ vacated in Chemical 

Manufacturers Assn v. EPA, No. 89– 

1514 (DC Cir. Sept. 15, 1995), the 

Michigan rules use the more general 

term ‘‘legally enforceable.’’ See EPA 

Interim Policy on Federally Enforceable 

Requirement for Limitations on 

Potential to Emit, dated January 22, 

1996 (‘‘Interim Policy’’). EPA concluded 

that the use of the term ‘‘legally 

enforceable’’ was approvable as part of 

the definition of ‘‘potential to emit’’ 

because Michigan agreed to apply the 

term ‘‘legally enforceable’’ in accordance 

with the Interim Policy to mean ‘‘legally 

and practically enforceable by a State or 

local air pollution control agency, as 

well as by the EPA.’’ In general, 

practicable enforceability for a sourcespecific permit means that the permit’s 

provisions must specify: (1) A 

technically-accurate limitation and the 

portions of the source subject to the 

limitation; (2) the time period for the 

limitation (hourly, daily, monthly, and 

annual limits such as rolling annual 

limits); and (3) the method to determine 

compliance including appropriate 

monitoring, recordkeeping, and 

reporting. For rules and general permits 

that apply to categories of sources, 

practicable enforceability additionally 

requires that the provisions: (1) Identify 

the types or categories of sources that 

are covered by the rule; (2) where 

coverage is optional, provide for notice 

to the permitting authority of the 

source’s election to be covered by the 

rule; and (3) specify the enforcement 

consequences relevant to the rule. 

Michigan committed in a letter dated 

September 11, 2007, to apply the term 

‘‘legally enforceable’’ in a manner 

consistent with the above, and to revise 

the rule to make it consistent with this 

understanding. In a subsequent letter to 

EPA, dated November 30, 2007, MDEQ 

committed to add this definition in the 

rules not later than one year after EPA’s 

conditional approval of this plan. 

Therefore EPA conditionally approved 

this rule on September 16, 2008 (73 FR 

53366). 

On September 11, 2008, MDEQ 

adopted the revised rule, at the State 

level, to include in the definition of 

‘‘potential to emit’’ the condition that a 

limitation must be ‘‘enforceable as a 

practical matter by the State, local air 

pollution control agency, or United 

States environmental protection 

agency.’’ The revised definition is 

consistent with the definition in 40 CFR 

51.166(b)(4) and with the Interim Policy 

dated January 22, 1996. On September 

30, 2008, MDEQ submitted to EPA the 

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14354 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 

revision to the rule. EPA finds that this 

correction satisfies the condition listed 

in EPA’s conditional approval. 

III. Final Action 

As explained above, MDEQ submitted 

revisions to the rules at R 336.2801(r)(ii) 

(definition of ‘‘emission unit’’) and R 

336.2801(hh) (definition of ‘‘potential to 

emit’’), and has satisfied the conditions 

listed in EPA’s conditional approval. 

Therefore, EPA is taking direct final 

action to convert its conditional 

approval of Michigan’s SIP revisions to 

a full approval of Michigan’s PSD 

program, with the exception of Rule R 

336.2816. EPA is taking separate action 

on Michigan Rule R 336.2816, which 

was also included in the State’s 

December 21, 2006, PSD program 

submission. Because modifications of 

Rule R 336.1801(ee) (‘‘net emissions 

increase’’) and R 336.1818(3) and (3)(f) 

(the ‘‘reasonable possibility’’ 

recordkeeping and reporting 

requirements) were not previously 

submitted to EPA for approval, EPA is 

not taking action on these modifications 

at this time. 

We are publishing this action without 

prior proposal because we view this as 

a noncontroversial amendment and 

anticipate no adverse comments. 

However, in the proposed rules section 

of this Federal Register publication, we 

are publishing a separate document that 

will serve as the proposal to approve the 

State plan if relevant adverse written 

comments are filed. This rule will be 

effective May 24, 2010 without further 

notice unless we receive relevant 

adverse written comments by April 26, 

2010. If we receive such comments, we 

will withdraw this action before the 

effective date by publishing a 

subsequent document that will 

withdraw the final action. All public 

comments received will then be 

addressed in a subsequent final rule 

based on the proposed action. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

If we do not receive any comments, this 

action will be effective May 24, 2010. 

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 

CAA 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 

regulations, 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, 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 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, additionally, 

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 May 24, 2010. 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 

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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: March 11, 2010. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ 40 CFR part 52 is amended 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. 

Subpart X—Michigan 

■ 2. In § 52.1170, the table in paragraph 

(c) entitled ‘‘EPA-Approved Michigan 

Regulations’’ is amended by adding a 

new entry for Part 18 to read as follows: 

§ 52.1170 Identification of plan. 

* * * * * 

(c) * * * 

mstockstill on DSKH9S0YB1PROD with RULES

Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 14355 

EPA-APPROVED MICHIGAN REGULATIONS

Michigan citation Title State effective date EPA approval date Comments 

* * * * * * * 

Part 18. Prevention of Significant Deterioration of Air Quality 

R 336.2801 ........ Definitions ............................. December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

All sections except for (j) and 

(ff), [reserved in original 

rule]. 

R 336.2801 ........ Definitions ............................. September 11, 2008 ............. March 25, 2010, [Insert page 

number where the document begins].

Sections (hh) and (r)(ii). 

R 336.2802 ........ Applicability ........................... December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2803 ........ Ambient Air Increments ........ December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2804 ........ Ambient Air Ceilings ............. December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2805 ........ Restrictions on Area Classifications.December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2806 ........ Exclusions from Increment 

Consumption.

December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2807 ........ Redesignation ....................... December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2808 ........ Stack Heights ........................ December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2809 ........ Exemptions ........................... December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2810 ........ Control Technology Review .. December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2811 ........ Source Impact Analysis ........ December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2812 ........ Air Quality Models ................ December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2813 ........ Air Quality Analysis ............... December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2814 ........ Source Information ............... December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2815 ........ Additional Impact Analyses .. December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2817 ........ Public Participation ............... December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2818 ........ Source Obligation ................. December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2819 ........ Innovative Control Technology.December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

R 336.2823 ........ Actuals Plantwide Applicability Limits (PALs).December 4, 2006 ................ March 25, 2010, [Insert page 

number where the document begins].

Only sections (1) through 

(14). 

* * * * * * * 

mstockstill on DSKH9S0YB1PROD with RULES

14356 Federal Register / Vol. 75, No. 57 / Thursday, March 25, 2010 / Rules and Regulations 

* * * * * 

§ 52.1188 [Removed and Reserved] 

■ 3. Remove and reserve § 52.1188. 

[FR Doc. 2010–6486 Filed 3–24–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–000; Internal 

Agency Docket No. FEMA–8123] 

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, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 

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