61384 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

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 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 December 23, 

2005. Interested parties should 

comment in response to the proposed 

rule rather than petition for judicial 

review, unless the objection arises after 

the comment period allowed for in the 

proposal. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: September 28, 2005. 

Robert W. Varney, 

Regional Administrator, EPA New England. 

■ Part 52 of 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 U—Maine 

■ 2. Section 52.1020 is amended by 

adding paragraph (c)(57) to read as 

follows: 

§ 52.1020 Identification of plan. 

* * * * * 

(c) * * * 

(57) Revisions to the State 

Implementation Plan submitted by the 

Maine Department of Environmental 

Protection on August 27, 2004, and 

September 8, 2004. 

(i) Incorporation by reference. 

(A) Chapter 152 of the Maine 

Department of Environmental Protection 

Regulations, ‘‘Control of Emissions of 

Volatile Organic Compounds from 

Consumer Products,’’ effective in the 

State of Maine on September 1, 2004. 

(ii) Additional materials. 

(A) Nonregulatory portions of the 

submittal. 

■ 3. In § 52.1031, Table 52.1031 is 

amended by adding a new State citation, 

152, to read as follows: 

§ 52.1031 EPA-approved Maine 

Regulations. 

* * * * * 

TABLE 52.1031.—EPA-APPROVED RULES AND REGULATIONS

State 

citation Title/subject Date adopted by State 

Date approved 

by EPA 

Federal Register 

citation 52.1020 

* * * * * * * 

152 .............. Control of Emissions of Volatile Organic Compounds from Consumer Products 8/19/04 10/24/05 [Insert FR citation 

from published 

date] 

(c)(57).

* * * * * * * 

Note.—1. The regulations are effective statewide unless stated otherwise in comments section. 

[FR Doc. 05–21192 Filed 10–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R01–OAR–2005–CT–0002; A–1–FRL–7967–

2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut; VOC RACT Orders for 

Hitchcock Chair Co., Ltd.; Kimberly 

Clark Corp.; Watson Laboratories, Inc.; 

and Ross & Roberts, Inc. 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving State 

Implementation Plan (SIP) revisions 

submitted by the State of Connecticut. 

These revisions incorporate volatile 

organic compound (VOC) reasonably 

available control technology (RACT) 

state consent orders into the 

Connecticut SIP for four facilities: 

Hitchcock Chair Co., Ltd.; Kimberly 

Clark Corp.; Watson Laboratories, Inc.; 

and Ross & Roberts, Inc. This action will 

have a beneficial effect on air quality by 

reducing VOC emissions which 

contribute to ground-level ozone 

formation. EPA is taking this action in 

accordance with the Clean Air Act 

(CAA). 

DATES: This direct final rule will be 

effective December 23, 2005, unless EPA 

receives adverse comments by 

November 23, 2005. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R01–OAR–

2005–CT–0002 by one of the following 

methods: 

1. Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

2. Agency Web site: http:// 

docket.epa.gov/rmepub/ Regional 

Material in EDocket (RME), EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Once in the 

system, select ‘‘quick search,’’ then key 

in the appropriate RME Docket 

identification number. Follow the onVerDate Aug<31>2005 13:23 Oct 21, 2005 Jkt 208001 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 E:\FR\FM\24OCR1.SGM 24OCR1
Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 61385 

1 ‘‘Control of Volatile Organic Compound 

Emissions from Wood Furniture Manufacturing 

Operations,’’ EPA–453/R–96–007, April 1996. 

line instructions for submitting 

comments. 

3. E-mail: conroy.dave@epa.gov. 

4. Fax: (617) 918–0661. 

5. Mail: ‘‘RME ID Number R01–OAR–

2005–CT–0002,’’ David Conroy, Chief, 

Air Programs Branch, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, Suite 1100 (mail code 

CAQ), Boston, MA 02114–2023. 

6. Hand Delivery or Courier. Deliver 

your comments to: David Conroy, Chief, 

Air Programs Branch, Office of 

Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, One 

Congress Street, 11th floor, (CAQ), 

Boston, MA 02114–2023. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

Instructions: Direct your comments to 

Regional Material in EDocket (RME) ID 

Number R01–OAR–2005–CT–0002. 

EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

docket.epa.gov/rmepub/, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through Regional 

Material in EDocket (RME), 

regulations.gov, or e-mail, information 

that you consider to be CBI or otherwise 

protected. The EPA RME Web site and 

the federal regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through RME or 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

Regional Material in EDocket (RME) 

index at http://docket.epa.gov/rmepub/. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in RME or 

in hard copy at the Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, One Congress Street, 

Suite 1100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Alison C. Simcox, Air Quality Planning 

Unit, U.S. Environmental Protection 

Agency, EPA New England Regional 

Office, One Congress Street, Suite 1100 

(CAQ), Boston, MA 02114–2023, 

telephone number (617) 918–1684, fax 

number (617) 918–0684, e-mail 

simcox.alison@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. How Can I Get Copies of This 

Document and Other Related 

Information? 

In addition to the publicly available 

docket materials available for inspection 

electronically in Regional Material in 

EDocket, and the hard copy available at 

the Regional Office, which are identified 

in the ADDRESSES section above, copies 

of the state submittal and EPA’s 

technical support document are also 

available for public inspection during 

normal business hours, by appointment 

at the State Air Agency. [The Bureau of 

Air Management, Department of 

Environmental Protection, State Office 

Building, 79 Elm Street, Hartford, CT 

06106–1630.] 

II. Rulemaking Information 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

A. What action is EPA taking? 

B. What are the requirements in the 

Connecticut orders? 

C. Why is EPA approving Connecticut’s 

submittals? 

D. What is the process for approving these 

SIP revisions? 

A. What action is EPA taking? 

EPA is approving VOC RACT state 

consent orders issued to the following 

facilities and incorporating these orders 

into the Connecticut SIP: Hitchcock 

Chair Co., Ltd.; Kimberly Clark Corp.; 

Watson Laboratories, Inc. (formerly 

Danbury Pharmacal); and Ross & 

Roberts, Inc. 

B. What are the requirements in the 

Connecticut orders? 

Consent Order 8229A for the 

Hitchcock Chair Company requires the 

wood-furniture manufacturing facility to 

meet VOC emission limits, work 

practice standards, and recordkeeping 

and reporting requirements. The 

requirements of the order are consistent 

with EPA’s Control Techniques 

Guideline (CTG) for wood furniture 

manufacturers.1 Specifically, the order 

contains VOC content limits for topcoats 

and sealers and for spray-booth 

cleaning. Work practice standards 

include requirements to develop a 

written leak inspection and 

maintenance plan and to conduct 

training for facility personnel. In 

addition, the requirements prohibit use 

of conventional air-spray guns except 

under specified limited conditions. 

Recordkeeping and reporting 

requirements include requirements to 

maintain records of VOC content and 

viscosity of topcoats and sealers and of 

solvent additions, and to submit 

semiannual compliance reports and 

compliance certifications to DEP. 

Consent Order 8190 for the Kimberly 

Clark Corporation requires the tissue 

and healthcare-products manufacturing 

facility to meet VOC emission limits, 

monitoring requirements, and 

recordkeeping and reporting 

requirements. Specifically, the order 

contains VOC emissions limits for the 

tissue-manufacturing machines and the 

wastewater-treatment process. The 

facility is required to continue to 

research and test low VOC-content 

additives for its manufacturing process, 

and to submit a biennial report to DEP 

that summarizes research activities and 

evaluates the feasibility of switching to 

lower VOC content additives. In 

addition, Kimberly Clark must submit 

annual compliance reports and 

compliance certifications to DEP. 

Consent Order 8200 for Watson 

Laboratories, Inc., requires the 

pharmaceutical company to meet VOC 

emission limits, monitoring 

requirements, and recordkeeping and 

reporting requirements. Specifically, the 

61386 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

facility has reformulated some of its 

coatings and the order requires the 

facility to continue to use non-VOC 

coatings and materials when 

manufacturing several specified 

products. The order also contains 

monthly and annual VOC emissions 

caps and prohibits the facility from 

using methylene chloride and methanol 

in the existing process equipment and 

cleaning of this equipment. Also, the 

company is required to continue to 

research the availability of U.S. Food 

and Drug Administration (FDA) 

approved non-VOC coatings and 

materials for any new product produced 

at the facility. In addition, the facility 

must maintain records that include a list 

of coatings and materials used to 

manufacture specified products, and the 

amount and method of usage of 

methylene chloride and methanol. 

Watson Laboratories must submit 

annual compliance reports and 

compliance certifications to DEP. 

Consent Order 8237 for Ross & 

Roberts, Inc. requires the vinyl-sheet 

products manufacturing business to 

meet VOC emission limits, monitoring 

requirements, and recordkeeping and 

reporting requirements. Specifically, the 

order includes a limit on the average 

monthly VOC emissions generated from 

the facility’s calendar lines. Also, the 

facility is required to continue to use its 

fiberbed emission control (FEC) system 

(or DEP- and EPA-approved 

replacement system) to limit VOC 

emissions from the calender lines, and 

to monitor the performance of the FEC 

system (or its replacement). The facility 

also must conduct emissions testing, 

and submit testing results to DEP. In 

addition, the facility must maintain 

records that include the weight of 

material produced in the calender lines, 

results of VOC emission testing, FEC 

system performance, and operating time 

for the calendar equipment and capture 

and control devices. Watson Labs must 

submit annual compliance reports and 

compliance certifications to DEP. 

C. Why is EPA approving Connecticut’s 

submittals? 

EPA has evaluated the orders issued 

to Hitchcock Chair Co., Ltd.; Kimberly 

Clark Corp.; Watson Laboratories, Inc.; 

and Ross & Roberts, Inc., and has found 

that they are generally consistent with 

EPA guidance and impose VOC RACT at 

these facilities. Therefore, EPA is 

approving these orders as VOC RACT. 

The specific requirements of these 

orders and EPA’s evaluation of these 

requirements are detailed in a 

memorandum entitled ‘‘Technical 

Support Document—Connecticut—VOC 

RACT Orders’’ (TSD). The TSD and 

Connecticut’s orders are available in the 

docket supporting this action. 

Previously, Connecticut submitted to 

EPA Section 22a–174–32 ‘‘Reasonably 

Available Control Technology (RACT) 

for volatile organic compounds.’’ EPA 

issued an approval of this rule on 

October 19, 2000 (65 FR 62620). EPA’s 

approval noted that Connecticut must 

define explicitly, and have approved by 

EPA, RACT for all those sources 

complying with Section 22a–174–32 

through options (C) and (D) of the rule. 

Therefore, the DEP subsequently 

submitted SIP revisions to EPA for 

Hitchcock Chair Co., Ltd.; Kimberly 

Clark Corp.; Watson Laboratories, Inc.; 

and Ross & Roberts, Inc. 

D. What is the process for approving 

these SIP revisions? 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the proposed 

rules section of this Federal Register 

publication, EPA is publishing a 

separate document that will serve as the 

proposal to approve the SIP revision 

should relevant adverse comments be 

filed. This rule will be effective 

December 23, 2005, without further 

notice unless the Agency receives 

relevant adverse comments by 

November 23, 2005. 

If the EPA receives such comments, 

then EPA will publish a notice 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. Only parties 

interested in commenting on the 

proposed rule should do so at this time. 

If no such comments are received, the 

public is advised that this rule will be 

effective on December 23, 2005 and no 

further action will be taken on the 

proposed rule. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

III. Final Action 

EPA is approving VOC RACT orders 

issued to the following facilities and 

incorporating these orders into the 

Connecticut SIP: Hitchcock Chair Co., 

Ltd.; Kimberly Clark Corp.; Watson 

Laboratories, Inc. (formerly Danbury 

Pharmacal); and Ross & Roberts, Inc. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it 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). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, 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 by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999), because it merely 

approves a state rule implementing a 

federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 61387 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. 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 December 23, 

2005. Interested parties should 

comment in response to the proposed 

rule rather than petition for judicial 

review, unless the objection arises after 

the comment period allowed for in the 

proposal. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule 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, Ozone, Volatile organic 

compounds. 

Dated: August 11, 2005. 

Ira W. Leighton, 

Acting Regional Administrator, EPA New 

England. 

■ Part 52 of 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 H—Connecticut 

■ 2. Section 52.370 is amended by 

adding paragraph (c)(96) to read as 

follows: 

§ 52.370 Identification of plan. 

* * * * * 

(c) * * * 

(96) Revisions to the State 

Implementation Plan submitted by the 

Connecticut Department of 

Environmental Protection on April 30, 

2002, and October 17, 2002. 

(i) Incorporation by reference. 

(A) Consent Order No. 8229A issued 

by the Connecticut Department of 

Environmental Protection to Hitchcock 

Chair Company, Ltd., on April 15, 2002. 

(B) Consent Order No. 8190 issued by 

the Connecticut Department of 

Environmental Protection to Kimberly 

Clark Corporation on April 23, 2002. 

(C) Consent Order No. 8200 issued by 

the Connecticut Department of 

Environmental Protection to Watson 

Laboratories, Inc., on October 3, 2002. 

(D) Consent Order No. 8237 issued by 

the Connecticut Department of 

Environmental Protection to Ross & 

Roberts, Inc., on October 4, 2002. 

(ii) Additional materials. 

(A) Nonregulatory portions of the 

submittal. 

■ 3. In § 52.385, Table 52.385 is 

amended by adding new entries to 

existing state citation 22a–174–32 to 

read as follows: 

§ 52.385 EPA-approved Connecticut 

regulations. 

* * * * * 

TABLE 52.385.—EPA-APPROVED REGULATIONS

Connecticut 

State 

citation 

Title/subject 

Dates 

Federal Register 

citation 

Section 

52.370 Comments/description Date adopted by State 

Date 

approved by 

EPA 

* * * * * * * 

22a–174–32 Reasonably available 

control technology for 

volatile organic compounds.

4/15/02 10/24/05 [Insert FR citation from 

published date].

(c)(96) VOC RACT for Hitchcock Chair. 

22a–174–32 Reasonably available 

control technology for 

volatile organic compounds.

4/23/01 10/24/05 [Insert FR citation from 

published date].

(c)(96) VOC RACT for Kimberly Clark. 

22a–174–32 Reasonably available 

control technology for 

volatile organic compounds.

10/03/02 10/24/05 [Insert FR citation from 

published date].

(c)(96) VOC RACT for Watson Laboratories. 

22a–174–32 Reasonably available 

control technology for 

volatile organic compounds.

10/04/02 10/24/05 [Insert FR citation from 

published date].

(c)(96) VOC RACT for Ross & Roberts. 

* * * * * * * 

61388 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

[FR Doc. 05–21194 Filed 10–21–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–7897] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency (FEMA), 

Emergency Preparedness and Response 

Directorate, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If 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. 

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. 

ADDRESSES: If you want 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: 

Michael M. Grimm, Mitigation Division, 

500 C Street, SW., Room 412, 

Washington, DC 20472, (202) 646–2878. 

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 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, 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. 

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] 

■ The tables published under the 

authority of § 64.6 are amended as 

follows: