76388 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 

withdrawal of approval of these 

applications. 

Dated: December 4, 2015. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2015–31040 Filed 12–8–15; 8:45 am] 

BILLING CODE 4164–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2014–0822; FRL–9939–52] 

Azoxystrobin; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of azoxystrobin 

in or on quinoa grain, ti leaves, ti roots, 

and modifies the existing tolerances for 

the stone fruit group 12 and tree nut 

group 14 to read ‘‘stone fruit group 12– 

12’’ and ‘‘tree nut group 14–12, except 

pistachio’’ respectively. Interregional 

Research Project Number 4 (IR–4) 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

December 9, 2015. Objections and 

requests for hearings must be received 

on or before February 8, 2016, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2014–0822, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

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

FOR FURTHER INFORMATION CONTACT: 

Susan Lewis, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; main telephone 

number: (703) 305–7090; email address: 

RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s e-CFR 

site at http://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/

40tab_02.tpl. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2014–0822 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing, and must be 

received by the Hearing Clerk on or 

before February 8, 2016. Addresses for 

mail and hand delivery of objections 

and hearing requests are provided in 40 

CFR 178.25(b). 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2014–0822, by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be CBI or 

other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on commenting 

or visiting the docket, along with more 

information about dockets generally, is 

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

dockets. 

II. Summary of Petitioned-For 

Tolerance 

In the Federal Register of March 4, 

2015 (80 FR 11611) (FRL–9922–68), 

EPA issued a document pursuant to 

FFDCA section 408(d)(3), 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 4E8319) by IR–4, 

500 College Road East, Suite 201 W, 

Princeton, NJ 08540. The petition 

requested that 40 CFR part 180 be 

amended by establishing tolerances for 

residues of azoxystrobin (methyl (E)-2- 

{2-[6-(2-cyanophenoxy) pyrimidin-4- 

yloxy]phenyl}-3-methoxyacrylate) and 

the Z isomer of azoxystrobin (methyl 

(Z)-2-{2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]phenyl}-3-methoxyacrylate) in 

or on the raw agricultural commodities 

ti palm, leaves at 50 parts per million 

(ppm); ti palm, roots at 0.5 ppm; fruit, 

stone, group 12–12 at 2.0 ppm; and nut, 

tree, group 14–12 at 0.02 ppm. Upon the 

approval of the aforementioned 

tolerances, the petitioner requested to 

remove the established tolerances for 

azoxystrobin in or on the raw 

agricultural commodities fruit, stone, 

group 12 at 1.5 ppm; and nut, tree, 

group 14 at 0.02 ppm. That document 

referenced a summary of the petition 

prepared by Syngenta Crop Protection, 

the registrant, which is available in the 

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

received two comments in response to 

the March 4, 2015 Notice of Filing that 

simply said ‘‘Good.’’ 

In the Federal Register of October 21, 

2015 (80 FR 63731) (FRL–9935–29), 

EPA amended the initial notice of filing 

for pesticide petition (PP 4E8319), 

including the commodity quinoa grain 

at 3.0 ppm in addition to the 

commodities originally requested and 

listed above. Comments were received 


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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 76389 

to the notice of filing. EPA’s response to 

these comments is discussed in Unit 

IV.C. 

EPA has modified the tolerance for 

the tree nut group 14–12 to exclude 

pistachio. The reason for this change is 

explained in Unit IV.D. 

III. Aggregate Risk Assessment and 

Determination of Safety 

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

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’ 

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

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

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue. . . . ’’ 

Consistent with FFDCA section 

408(b)(2)(D), EPA has reviewed the 

available scientific data and other 

relevant information in support of this 

action. EPA has sufficient data to assess 

the hazards of and to make a 

determination on aggregate exposure, 

consistent with FFDCA section 

408(b)(2), for tolerances for residues of 

azoxystrobin in or on quinoa grain, ti 

palm leaves, ti palm roots, the stone 

fruit group 12–12, and the tree nut 

group 14–12. As discussed below, EPA 

is relying upon the findings in the 

preamble to the rule published in the 

Federal Register May 1, 2015 (80 FR 

24824) (FRL–9926–24) establishing 

tolerances for azoxystrobin and 

supporting risk assessments to establish 

and modify these tolerances. 

On May 1, 2015, EPA published a 

final rule establishing tolerances for 

residues of azoxystrobin in or on coffee, 

green bean; pear, Asian; and tea, dried 

based on the Agency’s conclusion that 

aggregate exposure to azoxystrobin is 

safe for the general population, 

including infants and children. In 

addition to the tolerances listed above, 

EPA also considered the following uses 

in the risk assessments that supported 

the May 1, 2015 final rule: Ti palm 

leaves, ti palm roots, the stone fruit 

group 12–12, and the tree nut group 14– 

12 and also separately evaluated the 

request to establish a tolerance in or on 

quinoa grain. 

Since the publication of the May 1, 

2015 final rule, the toxicity profile of 

azoxystrobin has not changed, and the 

risk assessments that supported the 

establishment of those azoxystrobin 

tolerances published in the May 1, 2015 

Federal Register remain valid. Those 

risk assessments also support the 

establishment of the tolerances that are 

the subject of this action. The Agency 

also evaluated the request to establish a 

tolerance in or on quinoa grain at 3.0 

ppm and concluded that the aggregate 

exposure and risks would not increase 

as a result of the proposed use on 

quinoa and are the same as those 

estimated in the May 1 final rule. 

Therefore, EPA is relying on those risk 

assessments in order to establish the 

new tolerances. For a detailed 

discussion of the aggregate risk 

assessments and determination of safety 

for the proposed tolerances, please refer 

to the May 1, 2015 Federal Register 

document and its supporting 

documents, available at http://

www.regulations.gov. EPA relies upon 

those supporting risk assessments and 

the findings made in the Federal 

Register document in support of this 

rule. 

Based on the risk assessments and 

information described above, EPA 

concludes that there is a reasonable 

certainty that no harm will result to the 

general population, or to infants and 

children from aggregate exposure to 

azoxystrobin residues. Further 

information about EPA’s risk assessment 

and determination of safety supporting 

the tolerances established in the May 1, 

2015 Federal Register action, as well as 

the new azoxystrobin tolerances can be 

found at http://www.regulations.gov in 

the documents entitled: ‘‘Azoxystrobin. 

Human Health Aggregate Risk 

Assessment for Permanent Tolerances 

on Imported Asian Pear, Imported Tea, 

and Imported Coffee; Establishment of 

Permanent Tolerances on Ti Palm and 

for Crop Group Conversions for Stone 

Fruits Group 12–12 and Tree Nut Group 

14–12 Crop Groups’’ and 

‘‘Azoxystrobin. Addendum to Human 

Health Aggregate Risk Assessment 

D423691 and D418374, Dated 4/7/2015, 

to Support a New Use on Quinoa.’’ The 

documents may be found in docket ID 

number EPA–HQ–OPP–2014–0822. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

(gas chromatography with a 

nitrogenphosphorus detector (GC/NPD) 

method, RAM 243/04) is available to 

enforce the tolerance expression for 

residues of azoxystrobin and its Zisomer in crop commodities. This 

method (designated RAM 243, dated 5/ 

15/98) has been submitted to FDA for 

inclusion in the Pesticide Analytical 

Manual (PAM), Volume II. 

The method may be requested from: 

Chief, Analytical Chemistry Branch, 

Environmental Science Center, 701 

Mapes Rd., Ft. Meade, MD 20755–5350; 

telephone number: (410) 305–2905; 

email address: residuemethods@

epa.gov. 

B. International Residue Limits 

In making its tolerance decisions, EPA 

seeks to harmonize U.S. tolerances with 

international standards whenever 

possible, consistent with U.S. food 

safety standards and agricultural 

practices. EPA considers the 

international maximum residue limits 

(MRLs) established by the Codex 

Alimentarius Commission (Codex), as 

required by FFDCA section 408(b)(4). 

The Codex Alimentarius is a joint 

United Nations Food and Agriculture 

Organization/World Health 

Organization food standards program, 

and it is recognized as an international 

food safety standards-setting 

organization in trade agreements to 

which the United States is a party. EPA 

may establish a tolerance that is 

different from a Codex MRL; however, 

FFDCA section 408(b)(4) requires that 

EPA explain the reasons for departing 

from the Codex level. 

The Codex has not established a MRL 

for quinoa grain or ti palm leaves or 

roots. 

The Codex has established an MRL for 

stone fruit at 2 milligram/kilogram (mg/ 

kg), which is harmonized with the U.S. 

tolerance of 2 ppm. 

The Codex has established an MRL of 

0.01 mg/kg for tree nuts. The US crop 

group tolerance is based on a residue 

definition of azoxystrobin plus the Zisomer (R230310). Residues were < 0.01 

ppm for each component in the almond 

and pecan trials. Therefore, the 

tolerance estimate is 0.02 ppm, the sum 

of the components. The Codex residue 

definition is parent only, which support 

the 0.01 mg/kg MRL. The US tolerance 

cannot be harmonized with Codex at 

this time. 

C. Response to Comments 

Four comments were received in 

response to the October 21, 2015 notice 

of filing. The first comment asserted that 

no residues should be allowed and that 

the pesticide should not be approved for 

sale or use. The second stated that 

pesticides are ‘‘causing normally 


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76390 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 

healthy people to have serious life 

treating (sic) health issues and is making 

many Americans overweight’’ and the 

commenter did not want their food to 

have pesticide residues. The third 

commenter stated that they were very 

allergic to any chemical and demanded 

that all chemical treatments must be 

rejected and stopped. The Agency 

understands the commenters’ concerns 

and recognizes that some individuals 

believe that pesticides should be banned 

on agricultural crops. However, the 

existing legal framework provided by 

section 408 of the FFDCA states that 

tolerances may be set when persons 

seeking such tolerances or exemptions 

have demonstrated that the pesticide 

meets the safety standard imposed by 

that statute. The comments appear to be 

directed at the underlying statute and 

not EPA’s implementation of it; the 

citizens have made no contention that 

EPA has acted in violation of the 

statutory framework. 

The fourth comment was from the 

Center for Biological Diversity and 

concerned endangered species; 

specifically stating that EPA cannot 

approve this new use prior to 

completion of consultations with the 

U.S. Fish and Wildlife Service and the 

National Marine Fisheries Service (‘‘the 

Services’’). This comment is not 

relevant to the Agency’s evaluation of 

safety of the azoxystrobin tolerances; 

section 408 of the FFDCA focuses on 

potential harms to human health and 

does not permit consideration of effects 

on the environment. 

D. Revisions to Petitioned-For 

Tolerances 

The petitioned-for tolerance for ‘‘Nut, 

tree, group 14–12’’ is being modified to 

read ‘‘Nut, tree, group 14–12, except 

pistachio’’ because an existing tolerance 

for pistachio exists at a higher level 

(0.50 ppm). In addition, although the 

petition requested tolerances for ti palm 

leaves and roots, EPA is establishing 

tolerances for ‘‘ti, leaves’’ and ‘‘ti, roots’’ 

to be consistent with its food and feed 

commodity vocabulary. 

V. Conclusion 

Therefore, tolerances are established 

for residues of azoxystrobin (methyl (E)- 

2-{2-[6-(2-cyanophenoxy)pyrimidin-4- 

yloxy]phenyl}-3-methoxyacrylate) and 

the Z isomer of azoxystrobin (methyl 

(Z)-2-{2-[6-(2-cyanophenoxy)pyrimidin4-yloxy]phenyl}-3-methoxyacrylate) in 

or on the raw agricultural commodities 

quinoa, grain at 3.0 ppm; ti, leaves at 50 

ppm; and ti, roots at 0.5 ppm. 

Additionally, the existing tolerance for 

‘‘fruit, stone, group 12’’ is modified to 

read ‘‘fruit, stone, group 12–12’’ and to 

increase the tolerance level from 1.5 

ppm to 2.0 ppm. Finally, the existing 

tolerance for ‘‘nut, tree, group 14’’ is 

modified to read ‘‘nut, tree, group 14– 

12, except pistachio.’’ 

VI. Statutory and Executive Order 

Reviews 

This action establishes tolerances 

under FFDCA section 408(d) in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA) (44 

U.S.C. 3501 et seq.), nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerances in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.), do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes, nor does 

this action alter the relationships or 

distribution of power and 

responsibilities established by Congress 

in the preemption provisions of FFDCA 

section 408(n)(4). As such, the Agency 

has determined that this action will not 

have a substantial direct effect on States 

or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000) do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

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

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 2, 2015. 

Susan Lewis, 

Director, Registration Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.507: 

■ a. Add alphabetically the 

commodities to the table in paragraph 

(a)(1). 

■ b. Revise the commodities ‘‘fruit, 

stone, group 12’’ and ‘‘nut, tree, group 

14’’ in paragraph (a)(1). 

The additions and revisions read as 

follows: 

§ 180.507 Azoxystrobin; tolerances for 

residues. 

(a)(1) * * * 

Commodity Parts per 

million 

* * * * * 

Fruit, stone, group 12–12 ..... 2.0 

* * * * * 

Nut, tree, group 14–12, except pistachio .................... 0.02 


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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Rules and Regulations 76391 

Commodity Parts per 

million 

* * * * * 

Quinoa, grain ........................ 3.0 

* * * * * 

Ti, leaves .............................. 50.0 

Ti, roots ................................. 0.5 

* * * * * 

* * * * * 

[FR Doc. 2015–31053 Filed 12–8–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2015–0001; Internal 

Agency Docket No. FEMA–8413] 

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: 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 Patricia Suber, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–4149. 

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 

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, Section 1315, 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. 


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