16084 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

2See 58 FR 51735 (October 4, 1993).

3 Id. at section 3(f)(1)–(4).

III. Statutory Authority

The Statutory authority for the action

proposed today is granted to EPA by

sections 211 (c) and (k) and 301 of the

Clean Air Act, as amended; 42 U.S.C.

7545 (c) and (k) and 7601.

IV. Environmental Impact

The federal RFG program provides

reductions in ozone-forming VOC

emissions, oxides of nitrogen (NOx), and

air toxics. Reductions in VOCs are

environmentally significant because of

the associated reductions in ozone

formation and in secondary formation of

particulate matter, with the associated

improvements in human health and

welfare. Exposure to ground-level ozone

(or smog) can cause respiratory

problems, chest pain, and coughing and

may worsen bronchitis, emphysema,

and asthma. Animal studies suggest that

long-term exposure (months to years) to

ozone can damage lung tissue and may

lead to chronic respiratory illness.

Reductions in emissions of toxic air

pollutants are environmentally

important because they carry significant

benefits for human health and welfare

primarily by reducing the number of

cancer cases each year.

The Arizona Governor’s Task Force

estimated that if federal RFG were

required to be sold in Phoenix, VOC

emissions would be cut by more than

nine tons/day. In addition, all vehicles

would have improved emissions and the

area would also get reductions in toxic

emissions. Today’s action means that

the Governor of Arizona’s request to

include the Phoenix ozone

nonattainment area in the federal RFG

program will not be effective beginning

June 1, 1997. Thus, the Phoenix

nonattainment area will forego the air

quality benefits that would have

resulted from a June 1, 1997

implementation date of the RFG

program.

V. Regulatory Flexibility

In the direct final rule, EPA explained

why it had determined that it was not

necessary to prepare a regulatory

flexibility analysis in connection with

that action. EPA also determined that

the direct final rule would not have a

significant economic impact on a

substantial number of small entities.

Today’s action withdraws the direct

final rule, an action that would have

revised federal regulations. Thus, it was

not necessary to prepare a regulatory

flexibility analysis. Likewise, the

withdrawal will not have a significant

economic impact on a substantial

number of small entities, because it does

not alter any currently existing federal

requirements.

VI. Executive Order 12866

Under Executive Order 12866,2 the

Agency must determine whether a

regulation is ‘‘significant’’ and therefore

subject to OMB review and the

requirements of the Executive Order.

The Order defines ‘‘significant

regulatory action’’ as one that is likely

to result in a rule that may:

(1) Have an annual effect on the

economy of $100 million or more, or

adversely affect in a material way the

economy, a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments of

communities;

(2) Create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency;

(3) Materially alter the budgetary

impact of entitlements, grants, user fees,

or loan programs or the rights and

obligations of recipients thereof, or

(4) Raise novel legal or policy issues

arising out of legal mandates, the

President’s priorities, or the principles

set forth in this Executive Order.3

It has been determined that this action

is not a ‘‘significant regulatory action’’

under the terms of Executive Order

12866 and is therefore not subject to

OMB review.

VII. Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995

(‘‘UMRA’’), Pub. L. 104–4, EPA must

prepare a budgetary impact statement to

accompany any general notice of

proposed rulemaking or final rule that

includes a Federal mandate which may

result in estimated costs to State, local,

or tribal governments in the aggregate,

or to the private sector, of $100 million

or more in any one year. Under Section

205, for any rule subject to Section 202

EPA generally must select the least

costly, most cost-effective, or least

burdensome alternative that achieves

the objectives of the rule and is

consistent with statutory requirements.

Under Section 203, before establishing

any regulatory requirements that may

significantly or uniquely affect small

governments, EPA must take steps to

inform and advise small governments of

the requirements and enable them to

provide input.

EPA has determined that today’s

action does not trigger the requirements

of UMRA. The action does not include

a Federal mandate that may result in

estimated annual costs to State, local or

tribal governments in the aggregate, or

to the private sector, of $100 million or

more, and it does not establish

regulatory requirements that may

significantly or uniquely affect small

governments.

List of Subjects in 40 CFR Part 80

Environmental protection, Air

pollution control, Fuel additives,

Gasoline, and Motor vehicle pollution.

Dated: March 31, 1997.

Carol M. Browner,

Administrator.

40 CFR part 80 is amended as follows:

PART 80—REGULATION OF FUELS

AND FUEL ADDITIVES

1. The authority citation for part 80

continues to read as follows:

Authority: Secs. 114, 211, and 301(a) of the

Clean Air Act, as amended (42 U.S.C. 7414,

7545 and 7601(a)).

§ 80.70 [Amended]

2. In § 80.70, paragraph (m) is

removed.

[FR Doc. 97–8670 Filed 4–3–97; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7662]

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,
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16085

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,

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 II

New York:

Baxter Estates, village of, Nassau County 360459 July 15, 1975, Emerg; May 16, 1983, Reg;

Apr. 2, 1997, Susp.

Apr. 2, 1997 ..... Apr. 2, 1997.

Bayville, village of, Nassau County .......... 360988 Oct. 25, 1974, Emerg; Sept. 15, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Cedarhurst, village of, Nassau County ..... 360460 Aug. 14, 1974, Emerg; Sept. 1, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.
16086 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

State/location Community No. Effective date of eligibility Current effective

map date

Date certain

Federal assistance no longer

available in special flood hazard

areas

Centre Island, village of, Nassau County 360461 Aug. 19, 1975, Emerg; Oct. 18, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Cove Neck, village of, Nassau County ..... 360462 June 11, 1975, Emerg; July 18, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

East Rockaway, village of, Nassau County.360463 Feb. 16, 1973, Emerg; Dec. 1, 1978, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Freeport, village of, Nassau County ......... 360464 Nov. 26, 1971, Emerg; Feb. 14, 1976, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Glen Cove, city of, Nassau County .......... 360465 Aug. 16, 1974, Emerg; March 1, 1978, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Great Neck, village of, Nassau County .... 361519 Dec. 18, 1974, Emerg; Nov. 17, 1982, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Great Neck Estates, village of, Nassau

County.

360466 May 20, 1975, Emerg; June 15, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Hempstead, town of, Nassau County ....... 360467 Sept. 10, 1971, Emerg; Apr. 16, 1979, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Hewlett Bay Park, village of, Nassau

County.

360468 Nov. 25, 1974, Emerg; Jan. 19, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Hewlett Harbor, village of, Nassau County.360469 Nov. 2, 1973, Emerg; June 15, 1979, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Hewlett Neck, village of, Nassau County 360470 Dec. 10, 1974, Emerg; Jan. 19, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Island Park, village of, Nassau County .... 360471 Nov. 26, 1971, Emerg; Feb. 14, 1976, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Kensington, village of, Nassau County .... 360472 July 15, 1975, Emerg; Jan. 19, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Kings Point, village of, Nassau County .... 360473 Nov. 13, 1974, Emerg; July 5, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Lattingtown, village of, Nassau County .... 360474 Nov. 20, 1974, Emerg.; Sept. 1, 1978, Reg.;

Apr. 2, 1997, Susp.

......do ............... Do.

Laurel Hollow, village of, Nassau County 360475 May 8, 1975, Emerg.; Jan. 6, 1983, Reg.;

Apr. 2, 1997, Susp.

......do ............... Do.

Lawrence, village of, Nassau County ....... 360476 June 27, 1975, Emerg.; May 16, 1983, Reg.;

Apr. 2, 1997, Susp.

......do ............... Do.

Long Beach, city of, Nassau County ........ 365338 Mar. 5, 1971, Emerg.; June 30, 1972, Reg.;

Apr. 2, 1997, Susp.

......do ............... Do.

Manorhaven, village of, Nassau County .. 360479 Dec. 26, 1974, Emerg.; June 1, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Mill Neck, village of, Nassau County ........ 360481 June 19, 1975, Emerg.; Oct. 18, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

North Hempstead, village of, Nassau

County.

360482 Dec. 17, 1971 Emerg.; Apr. 15, 1977, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Oyster Bay, village of, Nassau County .... 360483 Sept. 5, 1973, Emerg.; Aug. 1, 1978, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Oyster Bay Cove, village of, Nassau

County.

361486 May 13, 1975, Emerg.; Sept. 30, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Plandome Manor, village of, Nassau

County.

360486 July 7, 1975, Emerg.; June 15, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Port Washington North, village of, Nassau County.361562 Dec. 4, 1974, Emerg.; July 5, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Rockville Centre, village of, Nassau

County.

360488 May 31, 1974, Emerg.; Nov. 17, 1982, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Roslyn, village of, Nassau County ........... 360489 July 5, 1974, Emerg.; Jan. 5, 1984, Reg.; Apr.

2, 1997, Susp..

......do ............... Do.

Roslyn Harbor, village of, Nassau County 361035 June 23, 1976, Emerg.; Dec. 15, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Russell Gardens, village of, Nassau

County.

361583 Apr. 22, 1976, Emerg.; Nov. 17, 1982, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Saddle Rock, village of, Nassau County .. 360491 July 17, 1975, Emerg.; Oct. 18, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Sands Point, village of, Nassau County ... 360492 Dec. 18, 1974, Emerg.; June 15, 1983, Reg.;

Apr. 2, 1997, Susp..

......do ............... Do.

Sea Cliff, village of, Nassau County ......... 360493 Sept. 17, 1973, Emerg; Feb. 1, 1978, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Valley Stream, village of, Nassau County 360495 July 22, 1975, Emerg; Jan. 5, 1984, Reg; Apr.

2, 1997, Susp.

......do ............... Do.

Woodsburgh, village of, Nassau County .. 360496 Jan. 14, 1975, Emerg; June 1, 1983, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16087

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 VI

Texas:

Aubrey, town of, Denton County .............. 480776 Aug. 7, 1996, Emerg; Apr. 2, 1997, Reg; Apr.

2, 1997, Susp.

......do ............... Do.

Copper Canyon, town of, Denton County 481508 July 8, 1985, Emerg; Sept. 18, 1987, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Corinth, town of, Denton County .............. 481143 Mar. 5, 1975, Emerg; May 15, 1979, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Cross Roads, town of, Denton County ..... 481513 Jan. 6, 1988, Reg; Apr. 2, 1997, Susp ........... ......do ............... Do.

Denton, city of, Denton County ................ 480194 Feb. 18, 1972, Emerg; Aug. 1, 1979, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Denton County, unincorporated areas ..... 480774 July 22, 1975, Emerg; May 4, 1987, Reg; Apr.

2, 1997, Susp.

......do ............... Do.

Double Oak, town of, Denton County ...... 481516 May 28, 1982, Emerg; Mar. 4, 1987, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Flower Mound, town of, Denton County ... 480777 July 31, 1975, Emerg; Sept. 18, 1986, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Hickory Creek, town of, Denton County ... 481150 July 3, 1990, Emerg; Mar. 1, 1991, Reg; Apr.

2, 1997, Susp.

......do ............... Do.

Highland Village, city of, Denton County .. 481105 June 16, 1978, Emerg; July 16, 1987, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Lake Dallas, city of, Denton County ......... 480780 Apr. 7, 1976, Emerg; Aug. 5, 1986, Reg; Apr.

2, 1997, Susp.

......do ............... Do.

Lewisville, city of, Denton County ............ 480195 Jan. 20, 1975, Emerg; Oct. 18, 1988, Reg;

Apr. 2, 1997, Susp.

......do ............... Do.

Little Elm, town of, Denton County ........... 481152 May 13, 1991, Reg; Apr. 2, 1997, Susp ......... .....do ................ Do.

Northlake, town of, Denton County .......... 480782 Apr. 16, 1990, Emerg; Sept. 30, 1994, Reg;

Apr. 2, 1997, Susp.

.....do ................ Do.

Roanoke, city of, Denton County ............. 480785 Mar. 14, 1991, Emerg; Apr. 2, 1997, Reg;

Apr. 2, 1997, Susp.

.....do ................ Do.

Shady Shores, town of, Denton County ... 481135 Apr. 16, 1979, Emerg; May 11, 1982, Reg;

Apr. 2, 1997, Susp.

.....do ................ Do.

Trophy Club, town of, Denton County ...... 481606 June 12, 1987, Reg; Apr. 2, 1997, Susp ........ .....do ................ Do.

Region VIII

Colorado: Westminster, city of, Jefferson and

Adams Counties.

080008 July 13, 1973, Emerg; Sept. 30, 1988, Reg;

Apr. 2, 1997, Susp.

.....do ................ Do.

Region II

New York: Weedsport, village of, Cayuga

County.

360132 June 7, 1974, Emerg; Apr. 1, 1982, Reg; Apr.

16, 1997, Susp.

Apr. 16, 1997 ... Apr. 16, 1997.

Region V

Illinois:

Seneca, village of, Lasalle and Grundy

Counties.

170407 May 9, 1975, Emerg; Feb. 1, 1985, Reg; Apr.

16, 1997, Susp.

.....do ................ Do.

Sun River Terrace, village of, Kankakee

County.

171015 Oct. 26, 1984, Emerg; June 19, 1985, Reg;

Apr. 16, 1997, Susp.

.....do ................ 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: March 26, 1997.

Richard W. Krimm,

Executive Associate Director, Mitigation

Directorate.

[FR Doc. 97–8662 Filed 4–3–97; 8:45 am]

BILLING CODE 6718–05–P

44 CFR Part 65

[Docket No. FEMA–7213]

Changes in Flood Elevation

Determinations

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Interim rule.

SUMMARY: This interim rule lists

communities where modification of the

base (1% annual chance) flood

elevations is appropriate because of new

scientific or technical data. New flood

insurance premium rates will be

calculated from the modified base flood

elevations for new buildings and their

contents.

DATES: These modified base flood

elevations are currently in effect on the

dates listed in the table and revise the

Flood Insurance Rate Map(s) (FIRMs) in

effect prior to this determination for

each listed community.

From the date of the second

publication of these changes in a

newspaper of local circulation, any

person has ninety (90) days in which to

request through the community that the

Executive Associate Director reconsider

the changes. The modified elevations

may be changed during the 90-day

period.