57688 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 

TABLE 1—WASTES EXCLUDED FROM SPECIFIC SOURCES—Continued 

Facility Address Waste description 

(d) Following the receipt of information from the facility described in paragraph 

4. (c) or if no information is presented under paragraph 4. (c) the Regional 

Administrator will issue a final written determination describing the Agency actions that are necessary to protect human health or the environment. Any required action described in the Regional Administrator’s determination shall 

become effective immediately, unless the Regional Administrator provides 

otherwise. 

* * * * * * * 

[FR Doc. 2010–23693 Filed 9–21–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8151] 

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 

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. 


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Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / Rules and Regulations 57689 

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 I 

Rhode Island: 

Charlestown, Town of, Washington 

County.

445395 October 30, 1970, Emerg; July 13, 1972, 

Reg; October 19, 2010, Susp.

Oct. 19, 2010 .... Oct. 19, 2010. 

Exeter, Town of, Washington County ... 440032 February 4, 1976, Emerg; March 1, 1982, 

Reg; October 19, 2010, Susp.

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

Hopkinton, Town of, Washington County.440028 September 8, 1975, Emerg; March 16, 

1981, Reg; October 19, 2010, Susp.

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

Narragansett Indian Tribe, Washington 

County.

445414 N/A, Emerg; February 14, 2005, Reg; October 19, 2010, Susp.......do ............... Do. 

Narragansett, Town of, Washington 

County.

445402 September 18, 1970, Emerg; December 3, 

1971, Reg; October 19, 2010, Susp.

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

New Shoreham, Town of, Washington 

County.

440036 October 16, 1975, Emerg; April 3, 1985, 

Reg; October 19, 2010, Susp.

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

North Kingstown, Town of, Washington 

County.

445404 September 18, 1970, Emerg; July 14, 1972, 

Reg; October 19, 2010, Susp.

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

Richmond, Town of, Washington County.440031 July 7, 1975, Emerg; November 5, 1980, 

Reg; October 19, 2010, Susp.

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

South Kingstown, Town of, Washington 

County.

445407 September 11, 1970, Emerg; June 23, 

1972, Reg; October 19, 2010, Susp.

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

Westerly, Town of, Washington County 445410 August 14, 1970, Emerg; July 28, 1972, 

Reg; October 19, 2010, Susp.

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

Region IV 

Alabama: 

Guin, City of, Marion County ................. 010162 January 17, 1974, Emerg; September 28, 

1979, Reg; October 19, 2010, Susp.

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

Hamilton, City of, Marion County .......... 010163 December 10, 1974, Emerg; January 16, 

1980, Reg; October 19, 2010, Susp.

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

Marion County, Unincorporated Areas .. 010161 November 6, 1975, Emerg; December 4, 

1979, Reg; October 19, 2010, Susp.

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

Winfield, City of, Marion County ............ 010164 January 23, 1974, Emerg; November 1, 

1979, Reg; October 19, 2010, Susp.

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

Kentucky: Brownsville, City of, Edmonson 

County.

210236 June 13, 1989, Emerg; September 4, 1991, 

Reg; October 19, 2010, Susp.

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

Tennessee: 

Cumberland City, Town of, Stewart 

County.

470375 June 20, 2007, Emerg; October 19, 2010, 

Reg; October 19, 2010, Susp.

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

Dover, Town of, Stewart County ........... 470237 August 19, 1988, Emerg; February 1, 1990, 

Reg; October 19, 2010, Susp.

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

Erin, City of, Houston County ................ 470213 April 23, 1974, Emerg; July 17, 1986, Reg; 

October 19, 2010, Susp.

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

Region VI 

New Mexico: 

Deming, City of, Luna County ............... 350038 June 2, 1975, Emerg; June 15, 1979, Reg; 

October 19, 2010, Susp.

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

Luna County, Unincorporated Areas ..... 350139 August 20, 1976, Emerg; September 14, 

1990, Reg; October 19, 2010, Susp.

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

Texas: 

Goliad, City of, Goliad County ............... 480828 October 26, 1984, Emerg; August 19, 1986, 

Reg; October 19, 2010, Susp.

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

Goliad County, Unincorporated Areas .. 480827 April 19, 1996, Emerg; October 19, 2010, 

Reg; October 19, 2010, Susp.

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

Karnes City, City of, Karnes County ..... 480405 June 10, 1975, Emerg; August 1, 1986, 

Reg; October 19, 2010, Susp.

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

Karnes County, Unincorporated Areas 481175 April 12, 1999, Emerg; April 1, 2004, Reg; 

October 19, 2010, Susp.

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

Kenedy, City of, Karnes County ............ 485482 September 4, 1970, Emerg; June 25, 1971, 

Reg; October 19, 2010, Susp.

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


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57690 Federal Register / Vol. 75, No. 183 / Wednesday, September 22, 2010 / 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 

SFHAs 

Maud, City of, Bowie County ................. 480057 June 2, 1975, Emerg; December 12, 1978, 

Reg; October 19, 2010, Susp.

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

Nash, City of, Bowie County ................. 480058 April 7, 1975, Emerg; June 21, 1977, Reg; 

October 19, 2010, Susp.

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

Redwater, Town of, Bowie County ........ 480309 April 17, 2009, Emerg; October 19, 2010, 

Reg; October 19, 2010, Susp.

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

Upshur County, Unincorporated Areas 481036 February 27, 1981, Emerg; May 1, 1987, 

Reg; October 19, 2010, Susp.

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

Wake Village, City of, Bowie County .... 480061 September 24, 1974, Emerg; October 15, 

1985, Reg; October 19, 2010, Susp.

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

Region VII 

Kansas: 

Cowley County, Unincorporated Areas 200563 February 26, 1979, Emerg; August 5, 1991, 

Reg; October 19, 2010, Susp.

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

Winfield, City of, Cowley County ........... 200071 May 30, 1974, Emerg; March 16, 1981, 

Reg; October 19, 2010, Susp.

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

Region VIII 

South Dakota: 

Doland, Town of, Spink County ............ 460079 May 11, 1978, Emerg; November 12, 1985, 

Reg; October 19, 2010, Susp.

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

Redfield, City of, Spink County ............. 460081 May 22, 1975, Emerg; November 15, 1985, 

Reg; October 19, 2010, Susp.

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

Spink County, Unincorporated Areas .... 460076 March 28, 1978, Emerg; August 5, 1986, 

Reg; October 19, 2010, Susp.

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

......do and Do = Ditto. 

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

Dated: September 15, 2010. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Department of Homeland 

Security Federal Emergency Management 

Agency. 

[FR Doc. 2010–23710 Filed 9–21–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 907, 923, 936, 952, and 

970 

RIN 1991–AB95 

Acquisition Regulation: Sustainable 

Acquisition 

AGENCY: Department of Energy. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: The Department of Energy 

(DOE) is amending the Department of 

Energy Acquisition Regulation (DEAR) 

to implement Executive Order 13514, 

Federal Leadership in Environmental, 

Energy and Economic Performance. The 

intent of the rule is to leverage agency 

acquisitions to foster markets for 

sustainable technologies and energy 

efficient and environmentally 

sustainable materials, products, and 

services. 

DATES: Effective Date: October 22, 2010. 

Comment Date: Submit comments to 

the address below by October 22, 2010. 

ADDRESSES: You may submit comments 

on this interim final rule, identified by 

RIN 1991–AB95, by any of the following 

methods: 

• Federal eRulemaking Portal at 

http://www.Regulations.gov. Follow the 

instructions for submitting documents. 

• E-mail to 

DEARrulemaking@hq.doe.gov. Include 

Sustainable Acquisition and RIN 1991– 

AB95 in the subject line of the e-mail 

with a copy to 

Richard.langston@hq.doe.gov. 

• Mail to Richard Langston, MA–61, 

U.S. Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Richard Langston at 202–287–1339 or 

Richard.Langston@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Section by Section Analysis 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 

L. Approval by the Office of the Secretary 

of Energy 

I. Background 

Executive Order (E.O.) 13514, Federal 

Leadership in Environmental, Energy 

and Economic Performance was issued 

October 5, 2009. It is being implemented 

in Federal contracting by FAR Case 

2010–001 which is being processed 

concurrently with this rulemaking. This 

rulemaking will implement and 

supplement FAR Case 2010–001. 

FAR Case 2010–001 was drafted in 

recognition of changing environmental 

circumstances and our Nation’s 

heightened energy demands. These 

circumstances demand that the Federal 

Government lead by example to create 

a clean energy economy that will 

increase prosperity, promote energy 

security, protect the interests of 

taxpayers, and safeguard the health of 

our environment. Executive Order 

13514 requires Federal agencies to 

leverage agency acquisitions to foster 

markets for sustainable technologies and 

energy efficient and environmentally 

sustainable materials, products, and 


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