Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4915

may be claimed confidential by marking

any part or all of that information as

Confidential Business Information (CBI).

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the information that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice.

VIII. Public Docket

EPA has established a record for this

rulemaking under docket number [OPP–

300450] (including any comments and

data submitted electronically). A public

version of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as CBI, is available

for inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The public record is located in

Room 1132 of the Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, Crystal Mall #2,

1921 Jefferson Davis Highway,

Arlington, VA.

Electronic comments may be sent

directly to EPA at:

opp-docket@epamail.epa.gov.

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above, is kept in

paper form. Accordingly, in the event

there are objections and hearing

requests, EPA will transfer any copies of

objections and hearing requests received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record. The official rulemaking record is

the paper record maintained at the

address in ‘‘ADDRESSES’’ at the

beginning of this document.

IX. Regulatory Assessment

Requirements

Under Executive Order 12866 (58 FR

51735, October 4, 1993), this action is

not a ‘‘significant regulatory action’’

and, since this action does not impose

any information collection requirements

as defined by the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq., it is not

subject to review by the Office of

Management and Budget. In addition,

this action does not impose any

enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or special

considerations as required by Executive

Order 12898 (59 FR 7629, February 16,

1994).

Because FFDCA section 408(l)(6)

permits establishment of this regulation

without a notice of proposed

rulemaking, the regulatory flexibility

analysis requirements of the Regulatory

Flexibility Act, 5 U.S.C. 604(a), do not

apply.

Under 5 U.S.C. 801(a)(1)(A) of the

Administrative Procedure Act (APA) as

amended by the Small Business

Regulatory Enforcement Fairness Act of

1996 (Title II of Pub. L. 104–121, 110

Stat. 847), EPA submitted 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 General

Accounting Office prior to publication

of the rule in today’s Federal Register.

This rule is not a ‘‘major rule’’ as

defined by 5 U.S.C. 804(2) of the APA

as amended.

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: January 21, 1997.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

Therefore, 40 CFR Chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 346a and 371.

2. In § 180.301, by designated the

existing text as paragraph (a) and by

adding a new paragraph (b) to read as

follows:

§ 180.301 Carboxin; tolerances for residues.

* * * * *

(b) A time-limited tolerance is

established for residues of the combined

residues (free and bound) of the

fungicide carboxin [5,6-dihydro-2-

methyl-1,4-oxathiin-3-carboxanilide)

and its sulfoxide metabolite (5,6-

dihydro-3-carboxanilide-2-methyl-1,4-

oxathiin-4-oxide), each expressed as the

parent compound in connection with

use of the pesticide under section 18

emergency exemptions granted by EPA.

The tolerance is specified in the

following table. The tolerance expires

and is automatically revoked on the date

specified in the table without further

action by EPA.

Commodity Parts per million Expiration/Revocation Date

Onion Seed .................................................................................................................... 0.2 January 17, 1998

[FR Doc. 97–2500 Filed 1–31–97; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7658]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

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 suspended 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 be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

third date (‘‘Susp.’’) listed in the third

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Robert F. Shea Jr., Division Director,

Program Implementation Division,

Mitigation Directorate, 500 C Street,
4916 Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations

SW., Room 417, Washington, DC 20472,

(202) 646–3619.

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

National Flood Insurance Program, 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 et seq. 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, the Federal Emergency

Management Agency has identified the

special flood hazard areas 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 the identified special

flood hazard area of communities not

participating in the NFIP and identified

for more than a year, on the Federal

Emergency Management Agency’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 Executive

Associate Director 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 a 6-month,

90-day, and 30-day notification

addressed to the Chief Executive Officer

that the community will be suspended

unless the required floodplain

management measures are met prior to

the effective suspension date. Since

these notifications have been 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 Executive Associate Director 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

they take remedial action.

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.

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.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12612, Federalism,

October 26, 1987, 3 CFR, 1987 Comp.,

p. 252.

Executive Order 12778, Civil Justice

Reform

This rule meets the applicable

standards of section 2(b)(2) of Executive

Order 12778, October 25, 1991, 56 FR

55195, 3 CFR, 1991 Comp., p. 309.

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:

State/location Community

No. Effective date of eligibility Current effective map date

Date certain

Federal assistance no longer

available in

special flood

hazard areas

Region I

Connecticut: East Granby, town of, Hartford

County.

090025 April 9, 1974, Emerg; Jan. 6, 1982, Reg;

Feb. 5, 1997, Susp.

Feb. 5, 1997 ... Feb. 5, 1997.

Region V

Wisconsin: Shell Lake, city of, Washburn

County.

550469 Nov. 8, 1974, Emerg; Sept. 16, 1988, Reg;

Feb. 5, 1997, Susp.

Do ............ Do.

Region VI

Arkansas: Searcy, city of, White County .......... 050229 May 6, 1975, Emerg; Feb. 4, 1981, Reg;

Feb. 5, 1997, Susp.

Do ............ Do.
Federal Register / Vol. 62, No. 22 / Monday, February 3, 1997 / Rules and Regulations 4917

State/location Community

No. Effective date of eligibility Current effective map date

Date certain

Federal assistance no longer

available in

special flood

hazard areas

Region IX

California: Tehama County, unincorporated

areas.

065064 April 23, 1971, Emerg; June 1, 1982, Reg;

Feb. 5, 1997, Susp.

Do ............ Do.

Region I

Maine: Lyman, town of, York County ............... 230195 July 23, 1975, Emerg; May 15, 1991, Reg;

Feb. 19, 1997, Susp.

May 15, 1991 Feb. 19, 1997.

Vermont:

Londonderry, town of, Windham County .. 500132 July 24, 1975, Emerg; April 1, 1992, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Rutland, city of, Rutland County ............... 500101 Aug. 30, 1973, Emerg; April 17, 1978, Reg;

Feb. 19, 1997, Susp.

April 17, 1978 Do.

Region II

New York: Trenton, town of, Oneida County ... 360556 April 21, 1975, Emerg; May 1, 1985, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Feb. 19, 1997.

Region III

Pennsylvania:

Ambler, borough of, Montgomery County 420947 Dec. 6, 1973, Emerg; Nov. 2, 1977, Reg;

Feb. 19, 1997, Susp.

Dec. 19, 1996 Do.

Collegeville, borough of, Montgomery

County.

421900 Oct. 29, 1974, Emerg; Feb. 15, 1980, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Schwenksville, borough of, Montgomery

County.

421905 July 11, 1975, Emerg; Sept. 30, 1981, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Springfield, township of, Montgomery

County.

425388 March 26, 1971, Emerg; July 7, 1972, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Towamencin, township of, Montgomery

County.

422236 June 21, 1974, Emerg; July 2, 1980, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Upper Frederick, township of, Montgomery County.421916 Nov. 15, 1974, Emerg; Aug. 17, 1981, Reg;

Feb. 19, 1997, Susp.

Dec. 19, 1996 Do.

Upper Merion, township of, Montgomery

County.

420957 Dec. 17, 1973, Emerg; Nov. 16, 1977, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

York Springs, borough of, Adams County 421239 May 30, 1974, Emerg; June 1, 1979, Reg;

Feb. 19, 1997, Susp.

Feb. 19, 1997 Do.

West Virginia: Martinsburg, city of, Berkeley

County.

540006 Nov. 14, 1974, Emerg; Dec. 18, 1979, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Region V

Ohio: Oxford, city of, Butler County ................. 390731 June 20, 1975, Emerg; Feb. 16, 1979, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Region VII

Missouri:

Butler County, unincorporated areas ........ 290044 April 26, 1984, Emerg; April 3, 1985, Feg;

Feb. 19, 1997, Susp.

Feb. 19, 1997 Do.

Poplar Bluff, city of, Butler County ............ 290047 July 29, 1975, Emerg; Feb. 4, 1981, Reg;

Feb. 19, 1997, Susp.

Do ............ Do.

Region X

Idaho: Madison County, unincorporated areas 160217 Feb. 2, 1979, Emerg; June 3, 1991, Reg;

Feb. 19, 1997, Susp.

Jan. 3, 1997 ... Do.

Code for reading third column: Emerg.-

Emergency; Reg.—Regular; Rein.—

Reinstatement; Susp.—Suspension.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance.’’)

Issued: January 28, 1997.

Richard W. Krimm,

Executive Associate Director Mitigation

Directorate.

[FR Doc. 97–2566 Filed 1–31–97; 8:45 am]

BILLING CODE 6718–05–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 1

[FCC 97–2]

Forfeiture Proceedings

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In accordance with the

Federal Civil Monetary Penalty Inflation

Act of 1990, as amended by the Debt

Collection Improvement Act of 1996,

this order amends the Commission’s

rules regarding forfeiture proceedings to

implement inflation adjustments to

monetary forfeiture penalties that may

be assessed by the Commission.

EFFECTIVE DATE: March 5, 1997.

FOR FURTHER INFORMATION CONTACT:

Douglas Cooper, Compliance and

Information Bureau, (202) 418–1160.

SUPPLEMENTARY INFORMATION:

Adopted: January 3, 1997

Released: January 15, 1997