22936 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’ This

rule will not have substantial direct

effects on tribal governments, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this rule.’’

VIII. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., asadded 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 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 this final

rule in the Federal Register. This final

rule 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

recordkeepingrequirements.

Dated: April 30, 2001.

James Jones,

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), 346(a) and

371.

2. Section 180.569 is added to read as

follows:

§ 180.569 Forchlorfenuron; tolerances for

residues.

(a) General. Time-limited tolerances

are established forresidues of the plant

growth regulator forchlorfenuron; N-(2-

chloro-4-pyridinyl)-N ′-phenylurea in or

on the food commodities:

Commodity Parts per million

Expiration/

Revocation

Date

Almond ...... 0.01 4/1/04

Apple ......... 0.01 4/1/04

Blueberry .. 0.01 4/1/04

Cranberry .. 0.01 4/1/04

Fig ............. 0.01 4/1/04

Grape ........ 0.01 4/1/04

Kiwifruit ..... 0.01 4/1/04

Olive .......... 0.01 4/1/04

Pear .......... 0.01 4/1/04

Plum

(fresh).

0.01 4/1/04

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

restrictions. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 01–11414 Filed 5–4–01; 8:45 am]

BILLING CODE 6560–50–S

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 64

[Docket No. FEMA–7761]

Suspension of Community Eligibility

AGENCY: Federal Emergency

Management Agency, FEMA.

ACTION: Final rule.

SUMMARY: This rule identifies

communities, where the sale of flood

insurance has been authorized under

the National Flood Insurance Program

(NFIP), that are suspended on the

effective dates listed within this rule

because of noncompliance with the

floodplain management requirements of

the program. If the Federal Emergency

Management Agency (FEMA) receives

documentation that the community has

adopted the required floodplain

management measures prior to the

effective suspension date given in this

rule, the suspension will be withdrawn

by publication in the Federal Register.

EFFECTIVE DATES: The effective date of

each community’s suspension is the

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

column of the following tables.

ADDRESSES: If you wish to determine

whether a particular community was

suspended on the suspension date,

contact the appropriate FEMA Regional

Office or the NFIP servicing contractor.

FOR FURTHER INFORMATION CONTACT:

Donna M. Dannels, Division Director,

Policy and Assessment Division,

Mitigation Directorate, 500 C Street,

S.W., Room 411, Washington, D.C.

20472, (202) 646–3098.

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 Associate

Director finds that notice and public

comment under 5 U.S.C. 553(b) are

impracticable and unnecessary because

Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations 22937

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 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 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 special flood hazard

areas

Region I

Maine: Winslow, town of, Kennebec County 230071 May 22, 1974, Emerg., September 30,

1987, Reg. May 7, 2001, Susp.

May 7, 2001 ..... May 7, 2001.

Region II

New York: Litchfield, town of, Herkimer

County.

360309 July 19, 1983, Emerg., September 24,

1984, Reg. May 7, 2001, Susp.

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

Region IV

Georgia: Decatur, city of, DeKalb County ... 135159 June 19, 1970, Emerg., June 11, 1971,

Reg. May 7, 2001, Susp.

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

Region VI

Arkansas: Mansfield, city of, Sebastian

County

050202 July 29, 1975, Emerg., June 18, 1987,

Reg. May 7, 2001, Susp.

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

Sebastian County, unincorporated

areas.

050462 January 27, 1983, Emerg., April 1, 1988,

Reg. May 7, 2001, Susp.

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

New Mexico: Raton, city of, Colfax

County.

350008 December 5, 1974, Emerg., March 1, 1986,

Reg. May 7, 2001, Susp.

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

Texas:

Huntsville, city of, Walker County ........ 480639 January 20, 1975, Emerg., February 4,

1981, Reg. May 7, 2001, Susp.

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

Walker County, unincorporated areas .. 481042 August 18, 1978, Emerg., May 1, 1987,

Reg. May 7, 2001, Susp.

Region IX

California:

Solano County, unincorporated areas .. 060631 March 23, 1979, Emerg., August 2, 1982,

Reg. May 7, 2001, Susp.

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

Vacaville, city of, Solano County .......... 060373 February 18, 1975, Emerg., August 2,

1982, Reg. May 7, 2001, Susp.

May 21, 2001 ... May 21, 2001.

Region I

Rhode Island: Coventry, town of Kent

County.

440004 November 21, 1973, Emerg., September 1,

1978, Reg. May 21, 2001, Susp.

Region II

New Jersey: Stafford, township of, Ocean

County.

340393 September 15, 1972, Emerg., September

14, 1979, Reg., May 21, 2001, Susp.

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

New York: Holland Patent, village of, Oneida County.360530 April 25, 1975, Emerg., April 17, 1985,

Reg. May 21, 2001, Susp.

22938 Federal Register / Vol. 66, No. 88 / Monday, May 7, 2001 / Rules and Regulations

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 special flood hazard

areas

Region III

Pennsylvania:

Bern, township of, Berks County .......... 421050 March 25, 1974, Emerg., November 19,

1980, Reg. May 21, 2001, Susp.

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

Heidelberg, township of, Berks County 421069 March 7, 1977, Emerg., May 3, 1990, Reg.

May 21, 2001, Susp.

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

Leesport, borough of, Berks County .... 420138 December 26, 1973, Emerg., May 16,

1977, Reg. May 21, 2001, Susp.

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

Marion, township of, Berks County ...... 421079 October 28, 1975, Emerg., January 2,

1981, Reg. May 21, 2001, Susp.

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

Muhlenberg, township of, Berks County.420144 March 9, 1973, Emerg., September 1,

1977, Reg. May 21, 2001, Susp.

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

Ontelaunee, township of, Berks County 420966 September 5, 1973, Emerg., June 1, 1977,

Reg. May 21, 2001, Susp.

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

Spring, township of, Berks County ....... 421108 June 27, 1974, Emerg., April 18, 1983,

Reg. May 21, 2001, Susp.

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

Tulpehocken, township of, Berks

County.

421115 April 19, 1978, Emerg., August 4, 1988,

Reg. May 21, 2001, Susp.

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

Wyomissing, borough of, Berks County 421375 August 28, 1974, Emerg., April 18, 1983,

Reg. May 21, 2001, Susp.

Region V

Illinois: Winnebago, unincorporated areas .. 170720 February 16, 1973, Emerg., November 19,

1980, Reg. May 21, 2001, Susp.

Region VII

Kansas: Augusta, city of, Butler County ...... 200038 June 25, 1975, Emerg., August 15, 1980,

Reg. May 21, 2001, Susp.

Region VIII

Colorado:

Durango, city of, La Plata County ........ 080099 April 30, 1974, Emerg., January 17, 1979,

Reg. May 21, 2001, Susp.

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

La Plata County, unincorporated areas 080097 December 12, 1974, Emerg., December

15, 1981, Reg. May 21, 2001, Susp.

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

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

Dated: April 25, 2001.

Margaret E. Lawless,

Acting Executive Associate Director for

Mitigation.

[FR Doc. 01–11363 Filed 5–4–01; 8:45 am]

BILLING CODE 6718–05–U

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AG14

Endangered and Threatened Wildlife

and Plants; Final Determination of

Critical Habitat for the Great Lakes

Breeding Population of the Piping

Plover

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: We, the U.S. Fish and

Wildlife Service (Service), designate

critical habitat pursuant to the

Endangered Species Act (Act) of 1973,

as amended for the Great Lakes breeding

population of the piping plover. The

Great Lakes breeding population of the

piping plover is listed as an endangered

species under the Act. A total of

approximately 325 km (201 mi) of Great

Lakes shoreline (extending 500 m (1640

ft) inland) in 26 counties in Minnesota,

Wisconsin, Michigan, Illinois, Indiana,

Ohio, Pennsylvania, and New York, is

designated as critical habitat for the

Great Lakes population of the piping

plover. The total length of designated

shoreline is divided among 35 separate

critical habitat units.

Section 7 of the Act requires Federal

agencies to ensure that actions they

authorize, fund, or carry out are not

likely to destroy or adversely modify

critical habitat. As required by section 4

of the Act, we considered economic and

other relevant impacts prior to making

a final decision on what areas to

designate as critical habitat.

EFFECTIVE DATE: This final rule is

effective June 6, 2001.

ADDRESSES: The complete

administrative record for this rule,

including comments and materials

received, as well as supporting

documentation used in the preparation

of this final rule, will be available for

public inspection, by appointment,

during normal business hours at the

U.S. Fish and Wildlife Service, Bishop

Henry Whipple Federal Building, 1

Federal Drive, Fort Snelling, MN 55111.

FOR FURTHER INFORMATION CONTACT:

Laura J. Ragan at the above address

(telephone 612/713–5157; facsimile

612/713–5292). TTY users may contact

us through the Federal Relay Service at

1–800–877–8339.

SUPPLEMENTARY INFORMATION:

Background

The piping plover (Charadrius

melodus), named for its melodic mating

call, is a small, pale-colored North

American shorebird. It weighs 43–63

grams (1.5–2.5 ounces) and is 17–18

centimeters (cm) (6–7 inches (in.)) long

(Haig 1992). Its light, sand-colored

plumage blends in well with the sandy

beach, its primary habitat. Plumage and

leg color help distinguish this bird from

other plover species. During the

breeding season, the legs are bright