Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18149 

We proposed to approve this analysis 

and certification because we determined 

that they complied with the relevant 

CAA requirements. Our proposed action 

contains more information on the 

submitted RACT analysis and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. During this 

period, no comments were received. 

III. EPA Action 

No comments were submitted that 

change our assessment that the 

submitted RACT analysis complies with 

the relevant CAA requirements under 

the 8-hour ozone NAAQS. Therefore, as 

authorized in section 110(k)(3) of the 

Act, EPA is fully approving this 

document into the California SIP. 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

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 Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by June 22, 2009. 

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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: March 5, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations 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 F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(358)(i)(B) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(358) * * * 

(i) * * * 

(B) Ventura County Air Pollution 

Control District. 

(1) Ventura County Air Pollution 

Control Board Resolution approving and 

adopting the 2006 Reasonably Available 

Control Technology State 

Implementation Plan Revision, dated 

June 27, 2006. 

(2) Final Ventura County Air 

Pollution Control District 2006 

Reasonably Available Control 

Technology (RACT) State 

Implementation Plan (SIP) Revision, 

including Tables A–1, A–2, B, C, and D, 

dated June 27, 2006. 

* * * * * 

[FR Doc. E9–9021 Filed 4–20–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–8071] 

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 

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18150 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

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: 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in 

community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Region III 

Virginia: Amelia County, Unincorporated 

Areas.

510314 March 22, 1976, Emerg; September 1, 

1987, Reg; April 21, 2009, Susp.

April 16, 2009 ... April 21, 2009. 

Region IV 

Florida: Gulf County, Unincorporated Areas 120098 August 7, 1975, Emerg; June 15, 1983, 

Reg; April 21, 2009, Susp.

......do* .............. Do. 

Region V 

Ohio: 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 18151 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in 

community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Delaware, City of, Delaware County ..... 390148 January 31, 1975, Emerg; November 2, 

1983, Reg; April 21, 2009, Susp.

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

Delaware County, Unincorporated 

Areas.

390146 February 16, 1977, Emerg; October 18, 

1983, Reg; April 21, 2009, Susp.

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

Powell, Village of, Delaware County ..... 390626 July 8, 1975, Emerg; March 4, 1985, Reg; 

April 21, 2009, Susp.

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

Sunbury, Village of, Delaware County .. 390152 June 18, 1975, Emerg; September 1, 1987, 

Reg; April 21, 2009, Susp.

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

Region VIII 

North Dakota: 

Belmont, Township of, Trail County ...... 380653 July 12, 1982, Emerg; August 5, 1986, Reg; 

April 21, 2009, Susp.

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

Benson County, Unincorporated Areas 380682 January 31, 1995, Emerg; May 2, 1995, 

Reg; April 21, 2009, Susp.

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

Bingham, Township of, Trail County ..... 380640 February 8, 1980, Emerg; August 5, 1986, 

Reg; April 21, 2009, Susp.

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

Buxton, Township of, Trail County ........ 380676 April 9, 1984, Emerg; March 12, 1986, Reg; 

April 21, 2009, Susp.

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

Caledonia, Township of, Trail County ... 380638 January 3, 1980, Emerg; August 5, 1986, 

Reg; April 21, 2009, Susp.

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

Eldorado, Township of, Trail County ..... 380645 April 25, 1980, Emerg; August 19, 1986, 

Reg; April 21, 2009, Susp.

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

Elm River, Township of, Trail County ... 380636 September 13, 1979, Emerg; August 5, 

1986, Reg; April 21, 2009, Susp.

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

Garfield, Township of, Trail County ....... 380669 April 5, 1983, Emerg; December 11, 1985, 

Reg; April 21, 2009, Susp.

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

Herberg, Township of, Trail County ...... 380621 September 25, 1978, Emerg; August 5, 

1986, Reg; April 21, 2009, Susp.

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

Hillsboro, City of, Trail County .............. 380132 March 3, 1975, Emerg; September 27, 

1985, Reg; April 21, 2009, Susp.

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

Kelso, Township of, Trail County .......... 380644 April 11, 1980, Emerg; August 5, 1986, 

Reg; April 21, 2009, Susp.

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

Lindaas, Township of, Trail County ....... 380300 April 11, 1980, Emerg; September 29, 

1986, Reg; April 21, 2009, Susp.

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

Mayville, City of, Trail County ............... 380133 March 21, 1975, Emerg; July 19, 1982, 

Reg; April 21, 2009, Susp.

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

Mayville, Township of, Trail County ...... 380301 November 23, 1979, Emerg; September 29, 

1986, Reg; April 21, 2009, Susp.

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

Minnewaukan, City of, Benson County 380240 April 24, 1995, Emerg; May 4, 1998, Reg; 

April 21, 2009, Susp.

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

Norman, Township of, Trail County ...... 380670 April 5, 1983, Emerg; March 12, 1986, Reg; 

April 21, 2009, Susp.

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

Norway, Township of, Trail County ....... 380643 March 24, 1980, Emerg; August 5, 1986, 

Reg; April 21, 2009, Susp.

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

Portland, City of, Trail County ............... 380134 October 14, 1975, Emerg; July 19, 1982, 

Reg; April 21, 2009, Susp.

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

Roseville, Township of, Trail County ..... 380641 February 21, 1980, Emerg; September 29, 

1986, Reg; April 21, 2009, Susp.

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

Spirit Lake Tribe, Benson County ......... 380700 August 19, 1997, Emerg; May 4, 1998, 

Reg; April 21, 2009, Susp.

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

Stavanger, Township of, Trail County ... 380642 February 29, 1980, Emerg; August 5, 1986, 

Reg; April 21, 2009, Susp.

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

Trail County, Unincorporated Areas ...... 380130 June 30, 1997, Emerg; May 4, 1998, Reg; 

April 21, 2009, Susp.

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

Viking, Township of, Trail County ......... 380322 March 30, 1978, Emerg; September 4, 

1986, Reg; April 21, 2009, Susp.

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

South Dakota: Sturgis, City of, Meade 

County.

460055 February 9, 1973, Emerg; June 1, 1977, 

Reg; April 21, 2009, Susp.

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

Region IX 

California: Sonora, City of, Tuolumne County.060412 February 13, 1976, Emerg; May 25, 1978, 

Reg; April 21, 2009, Susp.

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

*do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

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18152 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Rules and Regulations 

Dated: April 9, 2009. 

Michael K. Buckley, 

Acting Assistant Administrator, Mitigation 

Directorate, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. E9–9070 Filed 4–20–09; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1046] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

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 

Mitigation Assistant Administrator of 

FEMA reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001 et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by the 

other Federal, State, or regional entities. 

The changes in BFEs are in accordance 

with 44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim 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 interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

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. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Alabama: Autauga ... City of Prattville (07– 

04–6309P).

February 28, 2009; March 7, 

2009; Prattville Progress.

The Honorable Jim Byard, Jr., Mayor, City 

of Prattville, 101 West Main Street, 

Prattville, AL 36067.

February 20, 2009 .......... 010002 

Arizona: 

Coconino .......... Unincorporated 

areas of Coconino 

County (08–09– 

1418P).

February 20, 2009; February 

27, 2009; Arizona Daily Sun.

The Honorable Deb Hill, Chairman, 

Coconino County Board of Supervisors, 

219 East Cherry Avenue, Flagstaff, AZ 

86001.

June 29, 2009 ................ 040019 

Maricopa ........... City of Avondale 

(08–09–0655P).

March 5, 2009; March 12, 

2009; Arizona Business Gazette.

The Honorable Marie Lopez, Mayor, City 

of Avondale, 11465 West Civic Center 

Drive, Suite 280, Avondale, AZ 85323.

July 10, 2009 .................. 040038 

Maricopa ........... Unincorporated 

areas of Maricopa 

County (08–09– 

0655P).

March 5, 2009; March 12, 

2009; Arizona Business Gazette.

The Honorable Andrew Kunasek, Chairman, Maricopa County Board of Supervisors, 301 West Jefferson Street, 10th 

Floor, Phoenix, AZ 85003.

July 10, 2009 .................. 040037 

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