21736 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: April 20, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, 40 CFR part 180 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. By revising § 180.459, to read as

follows:

§ 180.459 Triasulfuron; tolerances for

residues.

Tolerances are established for the

residues of the herbicide triasulfuron,

[3-(6-methoxy-4-methyl-1,3,5-triazin-2-

yl)-1-(2-(2-

chloroethoxy)phenylsulfonyl)urea] in or

on the following raw agricultural

commodities:

Commodity Parts per

million

Barley, forage ........................... 5.0

Barley, grain .............................. 0.02

Barley, straw ............................. 2.0

Cattle, fat .................................. 0.1

Cattle, kidney ............................ 0.2

Cattle, meat .............................. 0.1

Cattle, mbyp (except kidney) .... 0.1

Goats, fat .................................. 0.1

Goats, kidney ............................ 0.2

Goats, mbyp (except kidney) .... 0.1

Goats, meat .............................. 0.1

Hogs, fat ................................... 0.1

Hogs, kidney ............................. 0.2

Hogs, mbyp (except kidney) ..... 0.1

Hogs, meat ............................... 0.1

Horses, fat ................................ 0.1

Horses, kidney .......................... 0.2

Horses, mbyp (except kidney) .. 0.1

Horses, meat ............................ 0.1

Milk ............................................ 0.02

Sheep, fat ................................. 0.1

Sheep, kidney ........................... 0.2

Sheep, mbyp (except kidney) ... 0.1

Sheep, meat ............................. 0.1

Wheat, forage ........................... 5.0

Wheat, grain ............................. 0.02

Wheat, straw ............................. 2.0

[FR Doc. 95–10868 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Parts 180 and 185

[PP 2F4116 and FAP 2H5644/R2124; FRL–

4949–3]

RIN 2070–AB78

Myclobutanil; Pesticide Tolerances

and Food Additive Regulation

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This rule establishes

permanent tolerances for the combined

residues of the fungicide myclobutanil

and a metabolite in or on the raw

agricultural commodities stone fruits

(except cherries) at 2.0 parts per million

(ppm) and cherries at 5.0 ppm and

establishes a food additive regulation for

the combined residues in or on the

processed food commodity dried plums

at 8.0 ppm. The Rohm & Haas Co.

requested establishment of these

tolerances and food additive regulation.

EFFECTIVE DATE: This regulation became

effective on March 30, 1995.

ADDRESSES: Written objections and

hearing requests, identified by the

document control number, [PP 2F4116

and FAP 2H5644/R2124], may be

submitted to : Hearing Clerk (1900),

Environmental Protection Agency, Rm.

M3708, 401 M St., SW., Washington, DC

20460. A copy of any objections and

hearing requests filed with the Hearing

Clerk should be identified by the

document control number and

submitted to: Public Response and

Program Resources Branch, Field

Operations Division (7506C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of the objections and hearing

requests to Rm. 1132, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA

22202. Fees accompanying objections

shall be labeled ‘‘Tolerance Petition

Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251.

A copy of objections and requests for

hearings filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and requests for hearings

must be submitted as an ASCII file

avoiding the use of special characters

and any form of encryption. Copies of

objections and requests for hearings will

also be accepted on disks in

WordPerfect in 5.1 file format or ASCII

file format. All copies of objections and

requests for hearings in electronic form

must be identified by the docket number

[PP 2F4116 and FAP 2H5644/R2124].

No Confidential Business Information

(CBI) should be submitted through email. Electronic copies of objections and

requests for hearings on this rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Connie B. Welch, Product

Manager (PM) 21, Registration Division

(7505C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. 227, CM #2, 1921 Jefferson Davis

Hwy., Arlington, VA 22202, (703)-305-

6900; e-mail:

welch.connie@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA

issued notices, published in the Federal

Register of December 30, 1992 (57 FR

62333), which announced that the

Rohm & Haas Co., Independence Mall

West, Philadelphia, PA 19105, had

submitted pesticide petition (PP)

2F4116 proposing to amend 40 CFR

180.443 by establishing permanent

tolerances for the residues of the

fungicide myclobutanil, [alpha-butylalpha-(3-hydroxybutyl)-1H-1,2,4-

triazole-1-propanenitrile], and both the

free and bound forms of its metabolite,

alpha-(3-hydroxybutyl)-alpha-(4-

chlorophenyl)-1H-1,2,4-triazole-1-

propanenitrile, in or on stone fruits

group (except cherries) at 2.0 ppm and

cherries at 5.0 ppm and food additive

petition (FAP) 2H5644 proposing to

amend 40 CFR 185.4350 by establishing

a tolerance for the combined residues of

myclobutanil and its metabolite in or on

the food additive commodity dried

plums at 8.0 ppm. Rohm & Haas Co. also

requested that previous petitions

submitted for stone fruits (PP 9F3811,

PP 1F3954, and FAP 1H5608) be

combined in these petitions.

Time-limited tolerances were

established for myclobutanil in or on

the raw agricultural commodities

nectarines and peaches at 2.0 ppm and

cherries (sweet and sour) at 4.0 ppm

with an expiration date of October 1,

1994, in response to PP 9F3811 in a

document in the Federal Register of

February 5, 1992 (57 FR 4368). These

tolerances were extended to April 1,

1995, on September 30, 1994.

There were no comments received in

response to the notices of filing of any

of the petitions. The data submitted in

support of the petitions and other

relevant material have been evaluated.

The pesticide is considered useful for

the purpose for which the tolerances are

sought. The toxicological data
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21737

considered in support of the tolerances

include the following:

1. A 1-year dog feeding study using

doses of 0, 10, 100, 400, and 1,600 ppm

(equivalent to doses of 0, 0.34, 3.09,

14.28, and 54.22 milligrams/kilogram

(mg/kg) body weight (bwt)/day in males

and 0, 0.40, 3.83, 15.68, and 58.20 mg/

kg bwt/day in females). The noobserved-effect level (NOEL) is 100 ppm

(3.09 mg/kg/day for males and 3.83 mg/

kg/day for females) based upon

hepatocellular hypertrophy, increases in

liver weights, ‘‘ballooned’’ hepatocytes,

and increases in alkaline phosphatase,

SGPT, and GGT, and possible slight

hematological effects. The lowestobserved-effect level (LOEL) is 400 ppm

(14.28 mg/kg/day for males and 15.68

mg/kg/day for females).

2. A 2-year chronic feeding/

carcinogenicity study in rats using

dietary concentrations of 0, 50, 200, and

800 ppm (equivalent to doses of 0, 2.49,

9.84, and 39.21 mg/kg bwt/day in males

and 0, 3.23, 12.86, and 52.34 mg/kg bwt/

day in females). The NOEL for chronic

effects other than carcinogenicity is 2.49

mg/kg/day, and the LOEL is 9.84 mg/kg/

day based on testicular atrophy in

males. No other significant effects were

observed in either sex at the stated dose

levels over a 2-year period. In addition,

no carcinogenic effects were observed in

either sex at any of the dose levels

tested. Based on the toxicological

findings, the maximum tolerated dose

(MTD) selected for testing (based on the

90-day feeding study) was not high

enough to fully characterize the

compound’s carcinogenic potential.

The study was repeated at dose levels

of 0 and 2,500 ppm (125 mg/kg/day) in

the diet, which approaches the MTD, in

order to characterize the carcinogenic

potential. At 2,500 ppm, the observed

effects included: decreases in absolute

and relative testes weights, increases in

the incidences of centrilobular to

midzonal hepatocellular enlargement

and vacuolation in the liver of both

sexes, increases in bilateral

aspermatogenesis in the testes, increases

in the incidence of hypospermia and

cellular debris in the epididymides, and

increased incidence of arteritis/

periarteritis in the testes. In this study,

a NOEL could not be established

because there were effects at the only

dose level tested. Myclobutanil was not

oncogenic when tested under the

conditions of the study.

3. A 2-year carcinogenicity study in

mice using dietary concentrations of 0,

20, 100, and 500 ppm (equivalent to 0,

2.7, 13.7, and 70.2 mg/kg/day in males

and 0, 3.2, 16.5 and 85.2 mg/kg/day in

females). The NOEL for chronic effects

other than carcinogenicity was 20 ppm

(2.7 mg/kg/day in males and 3.2 mg/kg/

day in females). The LOEL was 100 ppm

(13.7 mg/kg/day in males and 16.5 mg/

kg/day in females) based on a slight

increase in liver mixed-function oxidase

(MFO). Microscopic changes in the liver

were evident in both sexes at 500 ppm

(70.2 mg/kg/day in males and 85.2 mg/

kg/day in females). There were no

carcinogenic effects in either sex at any

dose level tested. The highest selected

dose was satisfactory for evaluating

carcinogenic potential in male mice, but

was lower than the MTD in females.

The above study was reevaluated

since the increase in the MFO at 3

months in females was not considered

to be significant enough to establish an

LOEL. The LOEL was raised to 500 ppm

(70.2 mg/kg/day for males and 85.2 mg/

kg/day for females) based on increases

in MFO in both sexes, increases in

SGPT values in females and in absolute

and relative liver weights in both sexes

at 3 months, increased incidences and

severity of centrilobular hepatocytic

hypertrophy, Kupffer cell pigmentation,

periportal punctate vacuolation and

individual hepatocellular necrosis in

males, and increased incidences of focal

hepatocellular alteration and multifocal

hepatocellular vacuolation in both

sexes. The NOEL has been raised to 100

ppm (13.7 mg/kg/day for males and 16.5

mg/kg/day for females).

An 18-month study was conducted

with female mice using a dose level of

2,000 ppm, which approaches the MTD,

to evaluate the carcinogenic potential in

female mice. In this study, a NOEL

could not be established because there

were effects at the only dose level

tested. These effects included: decreases

in body weight and body weight gain,

increases in liver weights,

hepatocellular hypertrophy,

hepatocellular vacuolation, necrosis of

single hypertrophied hepatocytes,

yellow-brown pigment in the Kupffer

cells, and cytoplasmic eosinophilia and

hypertrophy of the cells of the zona

fasciculata area of the adrenal cortex.

Myclobutanil was not oncogenic when

tested under the conditions of the study.

4. A rabbit developmental toxicity

study at dosages of 0, 20, 60, and 200

mg/kg/day administered by oral gavage.

The LOEL for maternal toxicity was 200

mg/kg/day, and the maternal toxicity

NOEL was 60 mg/kg/day based on

reduced body weight and body weight

gain during the dosing period, clinical

signs of toxicity, and possibly abortions.

THE LOEL for developmental toxicity is

200 mg/kg/day and NOEL for

developmental toxicity is 60 mg/kg/day

based on increases in resorptions,

decreases in litter size, and a decrease

in the viability index.

5. A developmental toxicity study on

rats treated with dosages of 0, 31.26,

93.77, 312.58, and 468.87 mg/kg/day.

The maternal toxicity LOEL was 312.6

mg/kg/day, and maternal toxicity NOEL

was 93.8 mg/kg/day based on clinical

signs of toxicity. The developmental

toxicity LOEL was 312.6 mg/kg/day, and

the developmental toxicity NOEL was

93.8 mg/kg/day based on increased

incidences of 14th rudimentary and 7th

cervical ribs.

6. A two-generation rat reproduction

study with dosage rates of 0, 50, 200,

and 1,000 ppm (equivalent to 0, 2.5, 10,

and 50 mg/kg/day). The parental

(systemic) toxicity LOEL was 200 ppm

(10 mg/kg/day) and the parental

(systemic) toxicity NOEL was 50 ppm

(2.5 mg/kg/day) based on hepatocellular

hypertrophy and increases in liver

weights. The reproductive toxicity

LOEL was 1,000 ppm (50 mg/kg/day),

and reproductive toxicity NOEL was

200 ppm (10 mg/kg/day) based on an

increased incidence in the number of

stillborns and atrophy of the testes and

prostate. The developmental toxicity

LOEL was 1,000 ppm (50 mg/kg/day),

and the developmental toxicity NOEL

was 200 ppm (10 mg/kg/day) based on

a decrease in pup body weight gain

during lactation.

7. A reverse mutation assay (Ames),

point mutation in CHO/HGPRT cells, in

vitro and in vivo (mouse) cytogenetic

assays, unscheduled DNA synthesis,

and a dominant-lethal study in rats, all

of which were negative for mutagenic

effects.

The Reference Dose (RfD) based on

the 2-year rat chronic feeding study

(NOEL of 2.49 mg/kg bwt/day) and

using a hundredfold uncertainty factor

is calculated to be 0.025 mg/kg bwt/day.

The theoretical maximum residue

contribution (TMRC) from previously

established tolerances and tolerances

established here is 0.002319 mg/kg bwt/

day for the general population and

utilizes 9% of the RfD. The percentages

of the RfD for the most highly exposed

subgroups, nonnursing infants (less than

1 year old) and children (1 to 6 years

old), are 58% and 25%, respectively.

The TMRC was calculated based on the

assumption that myclobutanil occurs at

the maximum legal limit in all of the

dietary commodities for which

tolerances are proposed. Even with this

probable large overestimate of exposure/

risk, the TMRC is well below the RfD for

the population as a whole and for each

of the 22 subgroups considered. Thus,

the dietary risk from exposure to

myclobutanil appears to be minimal for

the use on stone fruits.

The nature of the residues is

adequately understood and adequate
21738 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations

analytical methods, gas liquid

chromatography using nitrogen/

phosphorus and electron capture

detectors, are available for enforcement.

Prior to their publication in the

Pesticide Analytical Manual, Vol. II, the

enforcement methodology is being made

available in the interim to anyone who

is interested in pesticide enforcement

when requested from: Calvin Furlow,

Public Information Branch, Field

Operations Division (7505C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Office location

and telephone number: Rm 1128C, CM

#2, 1921 Jefferson Davis Hwy,

Arlington, VA 22202, (703)-305-5232.

The pesticide is considered useful for

the purpose for which the tolerances are

sought. Based on the information and

data considered, the Agency has

determined that the tolerances

established by amending 40 CFR parts

180 and 185 will protect the public

health. Therefore, the tolerances are

established as set forth below. By way

of public reminder, this document also

reiterates the registrant’s responsibility

under section 6(a)(2) of FIFRA, to

submit additional factual information

regarding adverse effects on the

environment and to human health by

these pesticides.

Any person adversely affected by this

regulation may, within 30 days after

publication of this document in the

Federal Register, file written objections

to the regulation and may also request

a hearing on those objections.

Objections and hearing requests must be

filed with the Hearing Clerk, at the

address given above (40 CFR 178.20). A

copy of the objections and/or hearing

requests filed with the Hearing Clerk

should be submitted to the OPP docket

for this rulemaking. The objections

submitted must specify the provisions

of the regulation deemed objectionable

and the grounds for the objections (40

CFR 178.25). Each objection must be

accompanied by the fee prescribed by

40 CFR 180.33 (i). If a hearing is

requested, the objections must include a

statement of the factual issue(s) on

which a hearing is requested, the

requestor’s contentions on such issues,

and a summary of any evidence relied

upon by the objector (40 CFR 178.27). A

request for a hearing will be granted if

the Administrator determines that the

material submitted shows the following:

There is genuine and substantial issue

of fact; there is a reasonable possibility

that available evidence identified by the

requestor would, if established, resolve

one or more of such issues in favor of

the requestor, taking into account

uncontested claims or facts to the

contrary; and resolution of the factual

issues(s) in the manner sought by the

requestor would be adequate to justify

the action requested (40 CFR 178.32).

A record has been established for this

rulemaking under docket number [PP

2F4116 and FAP 2H5644/R2124]

(including any objections and hearing

requests submitted electronically as

described below). 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 a.m. to 4:30 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.

Written objections and requests for

hearings, identified by the document

control number [PP 2F4116 and FAP

2H5644/R2124], may be submitted to

the Hearing Clerk (1900), Environmental

Protection Agency, Rm. 3708, 401 M St.,

SW., Washington, DC 20460.

A copy of electronic objections and

requests for hearings can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov

A copy of electronic objections and

requests for hearings 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 will be kept

in paper form. Accordingly, EPA will

transfer any copies of objections and

requests for hearings received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ‘‘ADDRESSES’’ at the beginning of

this document.

Under Executive Order 12866 (58 FR

51735, October 4, 1993), the Agency

must determine whether the regulatory

action is ‘‘significant’’ and therefore

subject to all the requirements of the

Executive Order (i.e., Regulatory Impact

Analysis, review by the Office of

Management and Budget (OMB)). Under

section 3(f), the order defines

‘‘significant’’ as those actions likely to

lead to a rule (1) having an annual effect

on the economy of $100 million or

more, or adversely and materially

affecting a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities (also known as

‘‘economically significant’’); (2) creating

serious inconsistency or otherwise

interfering with an action taken or

planned by another agency; (3)

materially altering the budgetary

impacts of entitlement, grants, user fees,

or loan programs; or (4) raising novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in this Executive

Order.

Pursuant to the terms of this

Executive Order, EPA has determined

that this rule is not ‘‘significant’’ and is

therefore not subject to OMB review.

Pursuant to the requirements of the

Regulatory Flexibility Act (Pub. L. 96-

354, 94 Stat. 1164, 5 U.S.C. 601-612),

the Administrator has determined that

regulations establishing new tolerances

or raising tolerance levels or

establishing exemptions from tolerance

requirements do not have a significant

economic impact on a substantial

number of small entities. A certification

statement to this effect was published in

the Federal Register of May 4, 1981 (46

FR 24950).

List of Subjects in 40 CFR Parts 180 and

185

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: March 30, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

Therefore, chapter I of the title 40 of

the Code of Federal Regulations is

amended as follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

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

b. In § 180.443(a), by revising the table

therein, to read as follows:

§ 180.443 Myclobutanil; tolerances for

residues.

(a) * * *

Commodity Parts per

million

Apples ....................................... 0.5

Cherries (sweet and sour) ........ 5.0

Grapes ...................................... 1.0

Stone fruits (except cherries) ... 2.0
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Rules and Regulations 21739

* * * * *

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority: 21 U.S.C. 346a and 348.

b. In section 185.4350, by revising the

table therein, to read as follows:

§ 185.4350 Myclobutanil.

* * * * *

Commodity Parts per

million

Plums, dried .............................. 8.0

Raisins ...................................... 10.0

[FR Doc. 95–10861 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7616]

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 DATE: 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,

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 Deputy 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 Deputy 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: