[Federal Register Volume 85, Number 29 (Wednesday, February 12, 2020)]
[Proposed Rules]
[Pages 7902-7909]
[FR Doc No: 2020-02510]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Parts 59 and 64

[Docket ID FEMA-2019-0016]
RIN 1660-AA92

Revisions to Publication Requirements for Community Eligibility
Status Information Under the National Flood Insurance Program

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Emergency Management Agency (FEMA) proposes to
make two changes to its regulations regarding publication requirements
of community eligibility status information under the National Flood
Insurance Program (NFIP). First, FEMA proposes to replace outdated
regulations that require publication of community loss of eligibility
notices in the Federal Register with a requirement that FEMA publish
this information on the internet or by another comparable method.
Second, FEMA proposes to replace its requirement that FEMA maintain a
list of communities eligible for flood insurance in the Code of Federal
Regulations with a requirement that FEMA publish this list on the
internet or by another comparable method.

DATES: Comments must be received on or before April 13, 2020.

ADDRESSES: You may submit comments, identified by Docket ID FEMA-2019-
0016, by one of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
    Mail/Hand Delivery/Courier: Regulatory Affairs Division, Office of
Chief Counsel, Federal Emergency Management Agency, 8NE, 500 C Street
SW, Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Adrienne Sheldon, Supervisory
Emergency Management Specialist, Floodplain Management Division,
Federal Insurance & Mitigation Administration, Federal Emergency
Management Agency, 400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>,
or (email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Public Participation

    We encourage you to participate in this rulemaking by submitting

comments and related materials. We will consider all comments and
material received during the comment period.
    If you submit a comment, identify the agency name and the docket ID
for this rulemaking, indicate the specific section of this document to
which each comment applies, and give the reason for each comment. You
may submit your comments and material by electronic means, mail, or
delivery to the address under the ADDRESSES section. Please submit your
comments and material by only one means.
    Regardless of the method used for submitting comments or material,
all submissions will be posted, without change, to the Federal e-
Rulemaking Portal at http://www.regulations.gov, and will include any
personal information you provide. Therefore, submitting this
information makes it public. You may wish to read the Privacy and
Security Notice that is available via a link on the homepage of
www.regulations.gov.
    Viewing comments and documents: For access to the docket to read
background documents or comments received, go to the Federal e-
Rulemaking Portal at http://www.regulations.gov. Background documents
and submitted comments may also be inspected at FEMA, Office of Chief
Counsel, 500 C Street SW, Washington, DC 20472-3100.
    Public Meeting: We do not plan to hold a public meeting, but you
may submit a request for one at the address under the ADDRESSES section
explaining why one would be beneficial. If FEMA determines that a
public meeting would aid this rulemaking, it will hold one at a time
and place announced by a notice in the Federal Register.

II. Background

    The National Flood Insurance Act of 1968, as amended (NFIA), Title
42 of the United States Code (U.S.C.) 4001 et seq., authorizes the
Administrator of FEMA to establish and carry out a National Flood
Insurance Program (NFIP) to enable interested persons to purchase
insurance against loss resulting from physical damage to or loss of
property arising from floods in the United States.\1\ Under the NFIA,
FEMA may only grant flood insurance to properties within communities
that have adopted adequate land use and control measures.\2\ The
statute authorizes FEMA to develop land use criteria consistent with
requirements laid out in the NFIA and to encourage the adoption and
enforcement of State and local measures implementing these criteria.\3\
FEMA regulations governing community eligibility for participation in
the NFIP are located at 44 CFR parts 59, 60, and 64.
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    \1\ See 42 U.S.C. 4011(a).
    \2\ See 42 U.S.C. 4022(a)(1).
    \3\ See 42 U.S.C. 4102(c).
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    NFIP regulations at 44 CFR 60.3, 60.4, and 60.5 contain community
eligibility requirements for flood insurance. If a community fails to
demonstrate to FEMA that it meets these requirements, or decides to
withdraw from the NFIP, FEMA may initiate probation, suspension, or
withdrawal procedures as described in 44 CFR 59.24. In the case of an
unintentional loss of eligibility, for instance if a community is
suspended for failing to enforce its floodplain regulations, FEMA
notifies the community of the upcoming loss directly and gives the
community an opportunity to correct the deficiency that triggered the
procedures. In cases of both intentional and unintentional loss of
eligibility, FEMA publishes a notice of the upcoming loss of
eligibility in the Federal Register as required by 44 CFR 59.24.
    NFIP regulations at 44 CFR 64.6 state that flood insurance under
the NFIP is authorized for the communities set forth under Section 64.6
of the regulations. Due to the large number of communities eligible for
flood insurance and the relative frequency to changes to community
eligibility, maintaining a list of communities in FEMA's regulations is
not feasible; however, FEMA meets this requirement by publishing the
updated list of communities through periodic final rules in the Federal
Register. As explained in more detail below, FEMA last published an
updated list in the Federal Register in August 2006.

III. Proposed Rule: Section 59.24 Community Loss of Eligibility Notices
and Section 64.6 List of Communities Eligible for Flood Insurance

    FEMA proposes to make two changes to these regulations to reduce
costs and streamline notice procedures. First, FEMA proposes to remove
the requirement contained in 44 CFR 59.24(a), (c), (d), and (e) that
community loss of eligibility notices be published in the Federal
Register, and add a requirement that FEMA publish the notices on the
internet or by another comparable method. Second, FEMA proposes to
revise 44 CFR 64.6 to remove the requirement that FEMA maintain a list
of communities eligible for flood insurance under the NFIA in the CFR.
Instead, the proposed revision would require publication and
maintenance of the list on the internet or through another comparable
method. These proposed changes would not impact the other notification
requirements found in 44 CFR 59.24. For example, in cases of
involuntary loss of eligibility, FEMA provides a minimum of three
written notices to a community's chief executive officer or other
designee over a several month period prior to the anticipated loss of
eligibility, and provides the community with an opportunity to correct
the defect. No substantive right of communities or stakeholders would
be impacted by this change.
    The proposed changes are consistent with the NFIA. The NFIA directs
FEMA to certify communities for receipt of flood insurance under the
NFIP \4\ and lays out standards for land management,\5\ but leaves
community certification and decertification procedures, as well as
notification procedures, to FEMA's discretion. Consequently, these
proposed changes do not conflict with the NFIA.
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    \4\ See 42 U.S.C. 4022(a)(1).
    \5\ See 42 U.S.C. 4102(c).
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    Sections Sec.  59.24 and Sec.  64.6 are outdated, and were
promulgated prior to the widespread use of the internet. FEMA initially
adopted the Federal Register publication requirement contained in Sec.
59.24 in 1971.\6\ Similarly, in 1971 FEMA substantially adopted the
requirement in Sec.  64.6 to maintain and publish the list of eligible
communities,\7\ with the current language adopted in 1976.\8\
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    \6\ See 36 FR 18,175 and 18,179, discussing community loss of
eligibility procedures, then located at 24 CFR 1909.24. At 18,175,
the rulemaking notes that: ``A new Sec.  1909.24 has been added to
clarify the manner in which suspensions of flood insurance
eligibility will be handled . . .'' No further explanation is
provided, and loss of eligibility is not addressed in the associated
notice of proposed rulemaking, located at 36 FR 11,109.
    \7\ See 36 FR 24,768, Sec.  1914.4.
    \8\ See 41 FR 46,987, Sec.  1914.6.
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Section 59.24

    Publishing the community loss of eligibility notices
electronically, in conjunction with the Community Status Book, would
increase the public visibility and accessibility of these notices, as
it is easier for the public to access the eligibility notices in a
single electronic format than it is for the public to find a Federal
Register notice specific to a particular community. In addition,
publishing community loss of eligibility notices in the Federal
Register requires FEMA to expend additional financial resources
compared to publication in an electronic format. Removing this
requirement will provide cost savings to the agency.

    If these proposed regulatory changes are adopted, FEMA plans to
store the notices on its website, so that they are easily available to
all interested parties. Although FEMA has not yet created a digital
repository to store these notices, FEMA anticipates making a link to
these notices that is easily accessible from the Community Status Book.
FEMA's objective in the digital accessibility of these notices is to
make the notices easy for users to find, and FEMA welcomes suggestions
from the public on the best place on its website to house this database
of community eligibility notices.
    FEMA proposes to store notices on its public facing website for a
minimum of 1 year after the notices are issued. FEMA welcomes input
from the public on whether a year is sufficient, or if a longer time-
period would be beneficial. After removal from FEMA's public-facing
website, FEMA will retain copies of the notices in accordance with all
statutory and regulatory requirements.

Section 64.6

    Section 64.6 directs FEMA to maintain a list of communities
eligible for flood insurance under the NFIA in the CFR. FEMA maintains
an online Community Status Book containing this information. The
Community Status Book provides a list of which communities are, and are
not, eligible for flood insurance under the NFIP. The Community Status
Book is available for public viewing on the FEMA website at https://www.fema.gov/national-flood-insurance-program-community-status-book.
The Community Status Book is organized alphabetically by state and
community, so a stakeholder can easily identify the eligibility status
of his or her community. Because the information directed by Sec.  64.6
is already being published in the Community Status Book, the separate
list directed by Sec.  64.6 is duplicative and thus no longer needed.
    FEMA has not updated the eligible community list, as directed by
Sec.  64.6, since August 28, 2006 \9\ because of the list's overlap
with the Community Status Book and the cost of publishing the updated
lists in the Federal Register. Instead, in an effort to comply with
Sec.  64.6, FEMA generates quarterly reports identifying changes to the
list of eligible communities. These quarterly reports are available
upon stakeholder request, but are not otherwise published. FEMA
generates these reports each quarter in order to partially comply with
Federal Register publication requirements. Generating these reports
requires FEMA to take the information contained in each notice and re-
format and consolidate the content into one list. Moving the list
updates fully online would eliminate the time and effort associated
with generating these reports, yielding cost savings for FEMA. FEMA
proposes to revise Sec.  64.6 to require that the agency publish and
maintain community eligibility information on the internet or through
another comparable method, as is currently being done through the
Community Status Book, because full compliance with Sec.  64.6 would be
burdensome to the agency and would not provide additional community
eligibility status information beyond what is currently maintained in
the Community Status Book.
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    \9\ The last update to Sec.  64.6 in the Federal Register was
published on August 28, 2006. See 71 FR 50,856. Updates were made
regularly until that point in time, with several updates being
published each year.
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Transition

    To aid in the transition to the new form of publication, FEMA would
publish brief notices once a month in the Federal Register for 6 months
after the effective date of the final rule, alerting stakeholders to
the change, and letting them know where to go to access community
status information.

IV. Regulatory Analysis

A. Executive Order 12866, Regulatory Planning and Review, Executive
Order 13563, Improving Regulation and Regulatory Review, and Executive
Order 13771, Reducing Regulation and Controlling Regulatory Costs

    Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action'' under section 3(f) of
Executive Order 12866. Accordingly, the rule has not been reviewed by
OMB.
1. Need for Regulatory Action
    Under the NFIA, FEMA may only grant flood insurance to properties
within communities that have adopted adequate land use and control
measures.\10\ Pursuant to this statutory direction, FEMA has adopted
regulations governing community eligibility for participation in the
NFIP at 44 CFR parts 59, 60, and 64. These regulations include
requirements that a community follow certain steps to retain
eligibility for the NFIP. If a community fails to follow these
requirements or decides to withdraw from the NFIP, FEMA initiates loss
of eligibility procedures as described in 44 CFR 59.24 and publishes a
notice of the upcoming loss of eligibility in the Federal Register. In
addition, 44 CFR 64.6 states that flood insurance under the NFIP is
authorized for communities set forth under Section 64.6 of the
regulations, requiring FEMA to maintain a list of eligible communities
in the CFR. FEMA proposes to make two changes to the current
regulations.
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    \10\ See 42 U.S.C. 4022(a)(1).
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    First, FEMA proposes to remove the requirement pursuant to Sec.
59.24(a), (c), (d), and (e) to publish community loss of eligibility
notices in the Federal Register. In lieu of publication in the Federal
Register, the proposed rule would require that these notices be
published on the internet or by another comparable method. To aid in
the transition, FEMA would publish brief notices once a month in the
Federal Register for 6 months after the effective date of the final
rule, alerting stakeholders to the change.
    Second, FEMA proposes to remove the requirement pursuant to Sec.
64.6 that FEMA maintain a list of eligible communities in the CFR. In
lieu of this requirement, the proposed rule would require FEMA to
publish and maintain a list of eligible communities on the internet or
through another comparable method.
    These two proposed changes would result in reduced FEMA
expenditures. The proposed changes to Sec.  59.24 would also provide
faster and more user-friendly access to community loss of eligibility
information by requiring publication of the notices online instead of
in the Federal Register. In addition, these changes would direct FEMA
to consolidate community status

information into one location, allowing stakeholders to have more
streamlined access to community status-related information.
2. Baseline
Requirement to Publish Community Loss of Eligibility Notices in the
Federal Register
    Community loss of eligibility notices were published a total of 245
times in the Federal Register from 2007 to 2016. Based on data from
these notices, FEMA calculates that on average, from 2007 to 2016, the
notices were published about 25 times per year, rounded to the nearest
whole number (245 divided by 10 = 24.5. 24.5 rounded to the nearest
whole number = 25).
Requirement to Publish the List of Eligible Communities in the CFR
    With respect to the requirement for FEMA to maintain a list of
eligible communities in the CFR, FEMA notes that it currently maintains
this list online in the Community Status Book rather than in the
CFR.\11\ In addition, FEMA prepares quarterly reports in an attempt to
comply with the publication requirement contained in Sec.  64.6. The
quarterly preparation burden is approximately 15 hours per quarter at a
cost of $80 per hour, for a total of $4,800 each year (15 x 80 x
4).\12\ FEMA has not published the quarterly reports in the CFR since
2006 due to the recurring costs involved.
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    \11\ The Community Status Book is available for public viewing
at https://www.fema.gov/national-flood-insurance-program-community-status-book.
    \12\ Hourly rates derived from FEMA estimates based on prior
contracting benchmarks for this service.
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3. Costs
Community Loss of Eligibility Notices: internet Publication Costs
    As a substitute for publishing the required community loss of
eligibility notices in the Federal Register, the proposed rulemaking
would require FEMA to publish community loss of eligibility notices
online. FEMA currently maintains a public website (www.fema.gov) where
similar notices, bulletins, and updates from across the agency are
published for public consumption. While there is no direct cost to
adding individual web pages or sections to the site, publishing
community loss of eligibility notices online would create labor costs
for staff who would need to develop a template to format and process
the notices for web publication.
    FEMA plans an upcoming website re-design that would include more
versatile search functionality for the user, a more standardized look
and feel, increased search engine optimization, and better capture of
meta data. FEMA anticipates the use of this re-design in the analysis
of this proposed rulemaking. Development of this publication process
for online notices will be labor intensive at the beginning. Once a
template is created, each update will be less labor intensive than the
current practice.
    FEMA staff expect it would take approximately 3 days of labor (24
hours) of a General Schedule (GS) Federal employee in the National
Capital Region, at the GS-14 level ($53.68 hourly wage),\13\ to
establish the publication process under the expected redesign. After
the publication process is established, FEMA anticipates that it would
take a GS-14 employee approximately thirty minutes per future
publication.
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    \13\ Office of Personnel Management, 2017, Washington-Baltimore-
Arlington-DC-MD-VA-WV-PA, Hourly Rate, GS-14, Step 1. Available at
https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/17Tables/html/DCB_h.aspx.
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    The average 25 notices per year would result in a burden to FEMA of
$2,860.61 the first year (($53.68 x 1.46) \14\ x (24 + (0.5 x 25))) and
$979.66 each subsequent year (($53.68 x 1.46) x (0.5 x 25)) for a 10-
year total of $11,677.55 (1).
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    \14\ Bureau of Labor Statistics, Employer Costs for Employee
Compensation, March, 2017, Table 1 Employer costs per hour worked
for employee compensation and costs as a percent of total
compensation: Civilian workers, by major occupational and industry
group. Available at https://www.bls.gov/news.release/archives/ecec_06092017.pdf. The per hour benefits multiplier is calculated by
dividing total compensation for all workers ($35.28) by wages and
salaries for all workers ($24.10), which yields a per hour benefits
multiplierof 1.46. ($35.28 / $24.10 = 1.4639). Fully-loaded wage
rates are calculated by multiplying the per hour benefits multiplier
by the applicable wage rate (1.46 per hour benefits multiplier x
$53.68 hourly wage rate = $78.37 fully-loaded hourly wage).

                                       Table 1--Internet Publication Costs
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                                                       Initial internet   Recurrent internet
                        Year                          publication burden  publication burden       Internet
                                                            (hours)             (hours)        publication cost
                                                                     (a)   (b) (= 0.25 x 25)     (c) = (a x b) x
                                                                                ($59.91 x 1.46)
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1...................................................                  24                12.5              $2,861
2...................................................  ..................                12.5                 980
3...................................................  ..................                12.5                 980
4...................................................  ..................                12.5                 980
5...................................................  ..................                12.5                 980
6...................................................  ..................                12.5                 980
7...................................................  ..................                12.5                 980
8...................................................  ..................                12.5                 980
9...................................................  ..................                12.5                 980
10..................................................  ..................                12.5                 980
                                                     -----------------------------------------------------------
    Total...........................................                  24                12.5              11,678
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Community Loss of Eligibility Notices: Transition/Phase-Out Costs
    Upon the issuance of the final rule, FEMA would aid in the
transition from the publication of community loss of eligibility
notices in the Federal Register to their posting on FEMA's website by
publication of transitional announcements in the Federal Register.
These announcements would alert stakeholders of the new location of
these notices and they would be concise and tailored to notify
stakeholders of the FEMA web address where the

community loss of eligibility notices can be found. FEMA expects these
transitional announcements to publish once a month for a 6-month phase-
out period following the effective date of the rule.
Community Status Report: Cost Savings
    FEMA proposes to remove the requirement pursuant to Sec.  64.6 that
FEMA maintain an updated list of eligible communities in the CFR. FEMA
does not currently publish updates to the list of communities eligible
for flood insurance in the CFR and already maintains an online
Community Status Book containing this information.\15\ FEMA prepares
quarterly reports on the current lists of communities in an attempt to
comply with the regulation. These reports are available upon
stakeholder request, although they are not published. Modifying the
regulations to eliminate the requirement to publish the list in the CFR
in favor of the list already maintained on FEMA's website (the
Community Status Book) would eliminate preparation of these lists and
save the quarterly preparation burden of approximately 15 hours per
quarter at $80 per hour,\16\ yielding a cost savings of $4,800 ($80 x
15 x 4) annually. This revision would save FEMA costs without affecting
policyholders or other stakeholders.
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    \15\ The Community Status Book is available for public viewing
at https://www.fema.gov/national-flood-insurance-program-community-status-book.
    \16\ Hourly rates derived from FEMA estimates based on prior
contracting benchmarks for this service.

                                            Table 2--Net Cost Savings
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                                     Internet        Community
              Year                  publication    status report     Net cost        NPV at 3%       NPV at 7%
                                       cost        cost savings       savings
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1...............................          $2,861        - $4,800        - $1,939        - $1,883        - $1,813
2...............................             980          -4,800          -3,820          -3,601          -3,337
 3..............................             980          -4,800          -3,820          -3,496          -3,119
 4..............................             980          -4,800          -3,820          -3,394          -2,915
 5..............................             980          -4,800          -3,820          -3,295          -2,724
 6..............................             980          -4,800          -3,820          -3,199          -2,546
 7..............................             980          -4,800          -3,820          -3,106          -2,379
 8..............................             980          -4,800          -3,820          -3,016          -2,223
 9..............................             980          -4,800          -3,820          -2,928          -2,078
 10.............................            $980          -4,800          -3,820          -2,843          -1,942
                                 -------------------------------------------------------------------------------
    Total.......................          11,678         -48,000         -36,322         -30,762         -25,075
                                 -------------------------------------------------------------------------------
     Annualized.................  ..............  ..............  ..............          -3,606          -3,570
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    The net cost savings expected from this rulemaking are presented in
2. The up-front transition costs are only expected to take place in
Year 1, thus the cost savings expected over the subsequent years are
not impacted. For the 10-year period analyzed, the estimated quantified
discounted total cost savings at 7 and 3 percent are $25,075
(annualized at $3,570) and $30,762 (annualized at $3,606),
respectively.
4. Benefits
    Revising 59.24 to eliminate the Federal Register publication
requirements would allow FEMA to be more agile and timely in updating
community status information. In contrast, continued updates through
the Federal Register would be slower, more expensive to FEMA, and
present the information in a format that is less accessible to
stakeholders.
    In addition, making this change to 59.24, and updating FEMA's
regulations in 64.6, would locate all information related to community
status and eligibility for flood insurance in one place that is well
known by stakeholders. This consolidation would improve the ease and
efficiency of locating community status and eligibility information for
stakeholders and for FEMA.
5. Transfers
    Transfer payments are monetary payments from one group to another
that do not affect total resources available to society. There are no
anticipated transfer payments resulting from the proposed rulemaking.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) and
Executive Order 13272 (67 FR 53461; August 16, 2002) require agency
review of proposed and final rules to assess their impact on small
entities. An agency must prepare an initial regulatory flexibility
analysis (IRFA) unless it determines and certifies that a rule, if
promulgated, would not have a significant economic impact on a
substantial number of small entities. FEMA does not believe this
proposed rule would have a significant economic impact on a substantial
number of small entities. Nonetheless, FEMA is publishing this IRFA to
aid the public in commenting on the potential small entity impacts of
the proposed requirements in this NPRM. FEMA invites all interested
parties to submit data and information regarding the potential direct
costs on small entities that would result from the adoption of this
NPRM. FEMA will consider all comments received in the public comment
process.
    The Regulatory Flexibility Act requires an IRFA to contain certain
analyses. First, an IRFA describes the reasons why the action by the
agency is being considered. Second, it must succinctly state the
objectives of, and legal basis for, the proposed rule. Third, it must
describe--and, where feasible, estimate the number--of small entities
to which the proposed rule would apply. Fourth, it must describe the
projected reporting, record keeping, and other compliance requirements
of the proposed rule, including an estimate of the classes of small
entities that will be subject to the requirements and the types of
professional skills necessary for preparation of the report or record.
Fifth, it must identify, to the extent practicable, all relevant
Federal rules that may duplicate, overlap, or conflict with the
proposed rule. Lastly, it must

describe significant alternatives to the rule.
1. A Description of the Reasons Why Action by the Agency Is Being
Considered
    FEMA proposes to remove the Federal Register publication
requirement from Sec.  59.24, and instead require that these notices be
published on the internet or by another comparable method. In addition,
FEMA proposes to modify Sec.  64.6 to require FEMA to publish and
maintain a list of eligible communities online or through another
comparable method. These changes would result in reduced FEMA
expenditures and provide faster and more user-friendly publications.
2. A Succinct Statement of the Objectives of, and Legal Basis for, the
Proposed Rule
    The National Flood Insurance Act of 1968, as amended (NFIA), Title
42 of the United States Code (U.S.C.) 4001 et seq., authorizes the
Administrator of the Federal Emergency Management Agency (FEMA) to
establish and carry out a National Flood Insurance Program (NFIP) to
enable interested persons to purchase insurance against loss resulting
from physical damage to or loss of property arising from floods in the
United States.\17\ Under the NFIA, FEMA may only grant flood insurance
to properties within communities that have adopted adequate land use
and control measures.\18\ The statute gives the FEMA Administrator
authority to develop land use criteria consistent with requirements
laid out in NFIA and to encourage the adoption and enforcement of State
and local measures implementing these criteria.\19\ Pursuant to this
statutory direction, FEMA has adopted regulations governing community
eligibility for participation in the NFIP at 44 CFR parts 59 and 60,
and 64.
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    \17\ See 42 U.S.C. 4011(a).
    \18\ See 42 U.S.C. 4022(a)(1).
    \19\ See 42 U.S.C. 4102(c).
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    FEMA proposes to make two changes to regulations to cut costs for
FEMA and streamline notice procedures. First, FEMA proposes to remove
the requirement from Sec.  59.24 that notices regarding loss of
eligibility be published in the Federal Register, and instead proposes
requiring that theses notices be published on the internet or through
another comparable method. Second, FEMA proposes to revise Sec.  64.6,
which directs FEMA to maintain a list of eligible communities in the
CFR and proposes that FEMA instead publish and maintain a list of
eligible communities online or through another comparable method. This
proposed rule would not impact other forms of notice to communities,
nor would it impact the substantive rights of communities or
stakeholders.
3. A Description of and, Where Feasible, an Estimate of the Number of
Small Entities to Which the Proposed Rule Will Apply
    ``Small entity'' is defined in 5 U.S.C. 601. The term ``small
entity'' can have the same meaning as the terms ``small business,''
``small organization'' and ``small governmental jurisdiction.'' Section
601(3) defines a ``small business'' as having the same meaning as
``small business concern'' under Section 3 of the Small Business Act.
This includes any small business concern that is independently owned
and operated and is not dominant in its field of operation. Section
601(4) defines a ``small organization'' as any not-for-profit
enterprises that are independently owned and operated and are not
dominant in their field of operation. Section 601(5) defines ``small
governmental jurisdictions'' as governments of cities, counties, towns,
townships, villages, school districts, or special districts with a
population of less than 50,000.
    This rule does not directly regulate any small entities. As
previously described, this rule only changes how FEMA shares loss of
community eligibility notices and community status information. FEMA
used the US Census Bureau's 2012 Census of Government \20\ to estimate
the number of small governmental jurisdictions in the United States.
According to the U.S. Census, there are 38,910 jurisdictions consisting
of counties, municipalities and townships within the United States.
Among these, 37,132 would qualify as small governmental jurisdictions,
which would equate to a 95.4 percent of all U.S. governmental
jurisdictions. Applying this percentage to the 22,269 communities
currently participating in the National Flood Insurance Program (NFIP)
\21\ results in an estimated 21,245 small governmental
jurisdictions.\22\ Individual policyholders are not considered small
entities.
---------------------------------------------------------------------------

    \20\ See U.S. Census Bureau, ``2012 Census of Governments, Local
Governments by Type and State 2012,'' Table 2, September 26, 2013,
available at https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk.
    \21\ The number of NFIP communities is derived from ``The
National Flood Insurance Program Community Status Book,'' Page 478,
located at https://www.fema.gov/national-flood-insurance-program-community-status-book.
    \22\ The number of small government jurisdictions equals 22,269
multiplied by 0.954.
---------------------------------------------------------------------------

    FEMA seeks comments on the methodology and assumptions used to
determine the number of small entities impacted by this proposed rule.
4. A Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule, Including an Estimate of
the Classes of Small Entities Which Will be Subject to the Requirement
and the Types of Professional Skills Necessary for Preparation of the
Report or Record
    Currently, FEMA anticipates this rule would not impose any direct
costs on small entities and anticipates that the proposed rule would
allow easier access to information about flood insurance eligibility.
This proposed rulemaking does not consist of any substantive policy
changes. FEMA does not anticipate an increase in administrative burdens
to small entities from this proposed rule.
5. An Identification, to the Extent Practicable, of all Relevant
Federal Rules Which may Duplicate, Overlap, or Conflict With the
Proposed Rule
    There are no relevant Federal rules that may duplicate, overlap, or
conflict with the proposed rule.
6. A Description of Any Significant Alternatives to the Proposed Rule
Which Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact of the Proposed Rule on Small
Entities
    Given that this rule is largely procedural in nature, with no
direct costs on small entities, no less burdensome alternatives to the
proposed rule are available. In the absence of this proposed rule,
small entities would continue to receive the loss of community
eligibility notices through Federal Register publications. Community
status information would continue to be maintained on FEMA's website.
    FEMA invites all interested parties to submit data and information
regarding the potential economic impact that would result from adoption
of the proposals in this NPRM. FEMA will consider all comments received
in the public comment process. After reviewing the public comments,
FEMA may certify the final rule as not having a significant economic
impact on a substantial number of small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 658, 1501-1504,
1531-

1536, 1571, pertains to any rulemaking which is likely to result in the
promulgation of any rule that includes a Federal mandate that may
result in the expenditure by State, local, and Tribal governments, in
the aggregate, or by the private sector, of $100 million (adjusted
annually for inflation) or more in any one year. If the rulemaking
includes a Federal mandate, the Act requires an agency to prepare an
assessment of the anticipated costs and benefits of the Federal
mandate. The Act also pertains to any regulatory requirements that
might significantly or uniquely affect small governments. Before
establishing any such requirements, an agency must develop a plan
allowing for input from the affected governments regarding the
requirements.
    FEMA has determined that this rulemaking would not result in the
expenditure by State, local, and Tribal governments, in the aggregate,
nor by the private sector, of $100 million (adjusted annually for
inflation) or more in any one year as a result of a Federal mandate,
and it would not significantly or uniquely affect small governments.
Therefore, no actions are deemed necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.

C. Paperwork Reduction Act of 1995

    As required by the Paperwork Reduction Act of 1995 (PRA), Public
Law 104-13, 109 Stat. 163, (May 22, 1995) (44 U.S.C. 3501 et seq.),
FEMA may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number. FEMA collects community
information for the purposes of application to the NFIP under OMB
Control Number 1660-0004, Application for Participation in the National
Flood Insurance Program (NFIP).\23\ However, FEMA has determined that
this rulemaking does not impact this information collection or any
other collection of information as defined by the Act.
---------------------------------------------------------------------------

    \23\ See 44 CFR 59.22 for a description of the information
collected.
---------------------------------------------------------------------------

D. Privacy Act/E-Government Act

    Under the Privacy Act of 1974, 5 U.S.C. 552a, an agency must
determine whether implementation of a proposed regulation will result
in a system of records. A ``record'' is any item, collection, or
grouping of information about an individual that is maintained by an
agency, including, but not limited to, his/her education, financial
transactions, medical history, and criminal or employment history and
that contains his/her name, or the identifying number, symbol, or other
identifying particular assigned to the individual, such as a finger or
voice print or a photograph. See 5 U.S.C. 552a(a)(4). A ``system of
records'' is a group of records under the control of an agency from
which information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. An agency cannot disclose any record which is contained
in a system of records except by following specific procedures.
    The E-Government Act of 2002, 44 U.S.C. 3501 note, also requires
specific procedures when an agency takes action to develop or procure
information technology that collects, maintains, or disseminates
information that is in an identifiable form. This Act also applies when
an agency initiates a new collection of information that will be
collected, maintained, or disseminated using information technology if
it includes any information in an identifiable form permitting the
physical or online contacting of a specific individual.
    In accordance with Department of Homeland Security privacy
compliance policy, FEMA has completed a Privacy Threshold Analysis for
this proposed rule. DHS determined that this proposed rule is not
privacy sensitive, as it does not affect the information collected
about an individual. FEMA's original collection and maintenance of NFIP
related personally identifiable information has coverage under the DHS/
FEMA-003--National Flood Insurance Program Files, 79 FR 28747 (May 19,
2014) System of Records Notice and the DHS/FEMA/PIA--011 National Flood
Insurance Program Information Technology System Privacy Impact
Assessment. This proposed rule does not impact this existing system of
record, create a new system of record, nor impact the current Privacy
Impact Assessment. Therefore, this proposed rule does not require
coverage under an existing or new Privacy Impact Assessment or System
of Records Notice.

E. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments,'' 65 FR 67249, November 9, 2000, applies to agency
regulations that have Tribal implications, that is, regulations that
have substantial direct effects 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. Under this Executive Order, to the extent
practicable and permitted by law, no agency shall promulgate any
regulation that has Tribal implications, that imposes substantial
direct compliance costs on Indian Tribal governments, and that is not
required by statute, unless funds necessary to pay the direct costs
incurred by the Indian Tribal government or the Tribe in complying with
the regulation are provided by the Federal Government, or the agency
consults with Tribal officials.
    Although Tribes that meet the NFIP eligibility criteria can
participate in the NFIP in the same manner as communities,\24\ FEMA has
reviewed this proposed rule under Executive Order 13175 and has
determined that this proposed rule does 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.
This proposed rule modernizes notice requirements for community loss of
eligibility information and community status information; therefore,
FEMA does not expect the regulatory changes in this proposed rule to
substantially or disproportionately affect Indian Tribal governments
acting as communities under the NFIP.
---------------------------------------------------------------------------

    \24\ Although the NFIP does not explicitly reference Tribal
Governments, FEMA includes Tribal nations in its definition of a
community. See 44 CFR 59.1.
---------------------------------------------------------------------------

F. Executive Order 13132, Federalism

    Executive Order 13132, ``Federalism,'' 64 FR 43255, August 10,
1999, sets forth principles and criteria that agencies must adhere to
in formulating and implementing policies that have federalism
implications, that is, regulations that 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.'' Federal
agencies must closely examine the statutory authority supporting any
action that would limit the policymaking discretion of the States, and
to the extent practicable, must consult with State and local officials
before implementing any such action.
    FEMA has determined that this rulemaking does not have a
substantial direct effect 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, and therefore does not have federalism implications as
defined by the Executive Order. This rulemaking seeks to modernize
notice requirements for community loss of eligibility information and
community status information under the NFIP; therefore, the rule does
not impact the substantive rights, roles, or responsibilities of
States, and does not limit State policymaking discretion.

G. National Environmental Policy Act of 1969 (NEPA)

    Under the National Environmental Policy Act of 1969 (NEPA), as
amended, 42 U.S.C. 4321 et seq., an agency must prepare an
environmental assessment or environmental impact statement for any
rulemaking that significantly affects the quality of the human
environment. FEMA has determined that this rulemaking does not
significantly affect the quality of the human environment and
consequently has not prepared an environmental assessment or
environmental impact statement.
    Rulemaking is a major Federal action subject to NEPA. Categorical
exclusion A3 included in the list of exclusion categories at Department
of Homeland Security Instruction Manual 023-01-001-01, Revision 01,
Implementation of the National Environmental Policy Act, Appendix A,
issued November 6, 2014, covers the promulgation of rules, issuance of
rulings or interpretations, and the development and publication of
policies, orders, directives, notices, procedures, manuals, and
advisory circulars if they meet certain criteria provided in A3(a-f).
This notice of proposed rulemaking meets Categorical Exclusion A3(d),
``Those that interpret or amend an existing regulation without changing
its environmental effect''.

H. Congressional Review of Agency Rulemaking

    Under the Congressional Review of Agency Rulemaking Act (CRA), 5
U.S.C. 801-808, before a rule can take effect, the Federal agency
promulgating the rule must submit to Congress and to the Government
Accountability Office (GAO) a copy of the rule; a concise general
statement relating to the rule, including whether it is a major rule;
the proposed effective date of the rule; a copy of any cost-benefit
analysis; descriptions of the agency's actions under the Regulatory
Flexibility Act and the Unfunded Mandates Reform Act; and any other
information or statements required by relevant executive orders.
    FEMA will send this rule to the Congress and to GAO pursuant to the
CRA if the rule is finalized. The rule is not a ``major rule'' within
the meaning of the CRA. It will not have an annual effect on the
economy of $100,000,000 or more; it will not result in a major increase
in costs or prices for consumers, individual industries, Federal,
State, or local government agencies, or geographic regions; and it will
not have significant adverse effects on competition, employment,
investment, productivity, innovation, or on the ability of United
States-based enterprises to compete with foreign-based enterprises in
domestic and export markets.

List of Subjects

44 CFR Part 59

    Flood insurance, Reporting and recordkeeping requirements.

44 CFR Part 64

    Flood insurance, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, the Federal Emergency
Management Agency proposes to amend 44 CFR parts 59 and 64 as follows:

PART 59--GENERAL PROVISIONS

0
1. The authority citation for part 59 continues to read as follows:

    Authority:  42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 43 FR 41943, 3 CFR, 1978 Comp., p. 329; E.O. 12127 of Mar. 31,
1979, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

0
2. Amend Sec.  59.24 by:
0
a. Revising the fourth sentence of paragraph (a);
0
b. Revising the fourth sentence of paragraph (c);
0
c. Revising the second sentence of paragraph (d);
0
d. Revising the second sentence of paragraph (e).
    The revisions read as follows:

Sec.  59.24   Suspension of Community Eligibility.

    (a) * * * If, subsequently, copies of adequate flood plain
management regulations are not received by the Administrator, no later
than 30 days before the expiration of the original six month period the
Federal Insurance Administrator shall provide written notice to the
community and to the state and assure publication of the community's
loss of eligibility for the sale of flood insurance on the internet or
by another comparable method, such suspension to become effective upon
the expiration of the six month period. * * *
* * * * *
    (c) * * * If a community is to be suspended, the Federal Insurance
Administrator shall inform it upon 30 days prior written notice and
upon publication of its loss of eligibility for the sale of flood
insurance on the internet or by another comparable method. * * *
    (d) * * * If a community is to be suspended, the Federal Insurance
Administrator shall inform it upon 30 days prior written notice and
upon publication of its loss of eligibility for the sale of flood
insurance on the internet or by another comparable method. * * *
    (e) * * * Upon receipt of a certified copy of a final legislative
action, the Federal Insurance Administrator shall withdraw the
community from the Program and publish its loss of eligibility for the
sale of flood insurance on the internet or by another comparable
method. * * *
* * * * *

PART 64--COMMUNITIES ELIGIBLE FOR THE SALE OF INSURANCE

0
3. 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.

0
4. Revise Sec.  64.6 to read as follows:

Sec.  64.6   List of eligible communities.

    FEMA will maintain a list of communities eligible for the sale of
flood insurance pursuant to the National Flood Insurance Program (42
U.S.C. 4001-4128). This list will be published and maintained on the
internet or through another comparable method.
* * * * *

Pete Gaynor,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2020-02510 Filed 2-11-20; 8:45 am]
 BILLING CODE 9111-47-P


[Federal Register Volume 75, Number 140 (Thursday, July 22, 2010)]
[Rules and Regulations]
[Page 42599]
[FR Doc No: 2010-17859]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 234

[Docket No. DOT-OST-2007-0022]
RIN No. 2105-AE02

Posting of Flight Delay Data on Web Sites

AGENCY: Office of the Secretary (OST), Department of Transportation
(DOT).

ACTION: Direct final rule; confirmation of effective date

-----------------------------------------------------------------------

SUMMARY: This document confirms the effective date of the direct final
rule amending the time period for uploading flight performance
information to a reporting air carrier's Web site from anytime between
the 20th and 23rd day of the month to the fourth Saturday of the month.

DATES: This final rule is effective on July 21, 2010.

FOR FURTHER INFORMATION CONTACT: Blane A. Workie, Deputy Assistant
General Counsel, Office of the Assistant General Counsel for Aviation
Enforcement and Proceedings, U.S. Department of Transportation, 1200
New Jersey Ave., SE., Washington, DC 20590,<PHONE_NUMBER> (phone), 202-
366-7152 (fax<EMAIL_ADDRESS>(e-mail).

SUPPLEMENTARY INFORMATION:

Background

    The Department of Transportation's Office of the Secretary (OST)
published a direct final rule with a request for comments in the
Federal Register on June 21, 2010 (75 FR 34925). The direct final rule
required that the reporting carriers (i.e., certificated air carriers
that account for at least 1 percent of domestic scheduled passenger
revenues) load flight performance data onto their Web sites on
Saturday, July 24, 2010, for June data, and all subsequent flight
performance information on the fourth Saturday of the month following
the month for which the data are that being reported. OST uses the
direct final rulemaking procedure for a non-controversial rule where
OST believes that there will be no adverse public comment. The direct
final rule advised the public that no adverse comments were
anticipated, and that unless a written adverse comment was received by
July 6, 2010, the regulation would become effective on July 21, 2010.
No adverse comments were received, and thus this notice confirms that
the direct final rule will become effective on that date.

    Issued July 16, 2010, in Washington, DC.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2010-17859 Filed 7-21-10; 8:45 am]
BILLING CODE P


[Federal Register: August 2, 2010 (Volume 75, Number 147)]
[Notices]
[Page 45143]
[DOCID:fr02au10-86]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1921-DR; Docket ID FEMA-2010-0002]

Minnesota; Amendment No. 1 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Minnesota (FEMA-1921-DR), dated July 2, 2010, and
related determinations.

DATES: Effective Date: July 26, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Minnesota is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of July 2, 2010.

    Blue Earth, Brown, Houston, Kittson, Nicollet, and Sibley
Counties for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050 Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-18955 Filed 7-30-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25453-25454]
[FR Doc No: 2018-11755]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0467; FRL-9976-98]

Product Cancellation Order for Certain Pesticide Registrations
and Amendments To Terminate Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces EPA's order for the cancellations and
amendments to terminate uses, voluntarily requested by the registrants
and accepted by the Agency, of the products listed in Table 1 and Table
2 of Unit II, pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA). This cancellation order follows an October 3,
2017 Federal Register Notice of Receipt of Requests from the
registrants listed in Table 3 of Unit II to voluntarily cancel and
amend to terminate uses of these product registrations. In the October
3, 2017 notice, EPA indicated that it would issue an order implementing
the cancellations and amendments to terminate uses, unless the Agency
received substantive comments within the 180-day comment period that
would merit its further review of these requests, or unless the
registrants withdrew their requests. The Agency received 5 anonymous
public comments on the notice but none merited its further review of
the requests. Further, the registrants did not withdraw their requests.
Accordingly, EPA hereby issues in this notice a cancellation order
granting the requested cancellations and amendments to terminate uses.
Any distribution, sale, or use of the products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.

DATES: The cancellations and amendments are applicable June 1, 2018.

FOR FURTHER INFORMATION CONTACT: Christopher Green, Information
Technology and Resources Management Division (7502P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>;
email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0467, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW, Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    This notice announces the cancellations and amendments to terminate
uses, as requested by registrants, of products registered under FIFRA
section 3 (7 U.S.C. 136a).
    These registrations are listed in sequence by registration number
in Tables 1 and 2 of this unit.

                                         Table 1--Product Cancellations
----------------------------------------------------------------------------------------------------------------
           Registration No.               Company No.           Product name              Active ingredient
----------------------------------------------------------------------------------------------------------------
53883-370.............................           53883  Quali-Pro Oxadiazon 50 WSB.  Oxadiazon.
CA-130009.............................           91606  Aspergillus Flavus AF36....  Aspergillus flavus strain
                                                                                AF36.
WY-080010.............................            8033  Assail 70WP Insecticide....  Acetamiprid.
----------------------------------------------------------------------------------------------------------------

                           Table 2--Product Registration Amendments to Terminate Uses
----------------------------------------------------------------------------------------------------------------
       Registration No.           Company No.       Product name      Active ingredient   Uses to be terminated
----------------------------------------------------------------------------------------------------------------
2724-404......................            2724  Zoecon RF-322        MGK 264; Piperonyl  Use on horses.
                                                 Ovicidal Pump        butoxide;
                                                 Spray.               Pyrethrins; & S-
                                                                      Methoprene.
49620-2.......................           49620  EKA SC-R...........  Sodium chlorate...  Defoliants/desiccants
                                                                                applied to:
                                                                                Agricultural drainage
                                                                                systems, beans (dried
                                                                                type), corn, cotton,
                                                                                fallow land, flax,
                                                                                guar, peas (Southern),
                                                                                peppers (chili type),
                                                                                potatoes, rice,
                                                                                safflower, sorghum,
                                                                                soybeans, sunflowers,
                                                                                wheat; and as an
                                                                                herbicide applied to
                                                                                nonagricultural
                                                                                settings (commercial,
                                                                                industrial, and
                                                                                residential).

49620-6.......................           49620  EKA SC-R Aqueous...  Sodium chlorate...  Defoliants/desiccants
                                                                                applied to:
                                                                                Agricultural drainage
                                                                                systems, beans (dried
                                                                                type), corn, cotton,
                                                                                fallow land, flax,
                                                                                guar, peas (Southern),
                                                                                peppers (chili type),
                                                                                potatoes, rice,
                                                                                safflower, sorghum,
                                                                                soybeans, sunflowers,
                                                                                wheat; and as an
                                                                                herbicide applied to
                                                                                nonagricultural
                                                                                settings (commercial,
                                                                                industrial, and
                                                                                residential).
----------------------------------------------------------------------------------------------------------------

    Table 3 of this unit includes the names and addresses of record for
all registrants of the products in Table 1 and Table 2 of this unit, in
sequence by EPA company number. This number corresponds to the first
part of the EPA registration numbers of the products listed in Table 1
and Table 2 of this unit.

         Table 3--Registrants of Cancelled and Amended Products
------------------------------------------------------------------------
            EPA company No.                 Company name and address
------------------------------------------------------------------------
2724..................................  Wellmark International, 1501 E.
                                         Woodfield Road, Suite 200 West,
                                         Schaumburg, IL 60173.
8033..................................  Nippon Soda Co., Ltd., Agent
                                         Name: Nisso America, Inc., 88
                                         Pine Street, 14th Floor, New
                                         York, NY 10005.
49620.................................  Akzo Nobel Pulp and Performance
                                         Chemicals, Inc., Agent Name:
                                         Keller and Heckman, LLP, 1001 G
                                         Street NW, Suite 500 West,
                                         Washington, DC 20001.
53883.................................  Control Solutions, Inc., 5903
                                         Genoa Red Bluff Road, Pasadena,
                                         TX 77507.
91606.................................  California Cattlemen's
                                         Association Feeder Council,
                                         1221 H Street, Sacramento, CA
                                         95814.
------------------------------------------------------------------------

III. Summary of Public Comments Received and Agency Response to
Comments

    During the public comment period provided EPA received 5 anonymous
public comments. The Agency does not believe that the comments
submitted during the comment period merits further review or the denial
of the requests for the voluntary cancellations of products listed in
Table 1 of Unit II or the requests for the amendments to terminate uses
in Table 2 of Unit II.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f) (7 U.S.C. 136d(f)(1)), EPA hereby
approves the requested cancellations and amendments to terminate uses
of the registrations identified in Tables 1 and 2 of Unit II.
Accordingly, the Agency hereby orders that the product registrations
identified in Tables 1 and 2 of Unit II are canceled and amended to
terminate the affected uses. The effective date of the cancellations
that are subject of this notice is June 1, 2018. Any distribution,
sale, or use of existing stocks of the products identified in Tables 1
and 2 of Unit II in a manner inconsistent with any of the provisions
for disposition of existing stocks set forth in Unit VI will be a
violation of FIFRA.

V. What is the Agency's authority for taking this action?

    Section 6(f)(1) of FIFRA (7 U.S.C. 136d(f)(1)) provides that a
registrant of a pesticide product may at any time request that any of
its pesticide registrations be canceled or amended to terminate one or
more uses. FIFRA further provides that, before acting on the request,
EPA must publish a notice of receipt of any such request in the Federal
Register. Thereafter, following the public comment period, the EPA
Administrator may approve such a request. The notice of receipt for
this action was published for comment in the Federal Register of
October 3, 2017 (82 FR 46050) (FRL-9966-87). The comment period closed
on April 2, 2018.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products
which are currently in the United States and which were packaged,
labeled, and released for shipment prior to the effective date of the
action. The existing stocks provision for the products subject to this
order is as follows.

A. For Product 53883-370

    The registrant has requested to the Agency via letter to distribute
existing stocks for an 18-month period for products 53883-370.
    For all other voluntary product cancellations identified in Table 1
of Unit II, registrants will be permitted to sell and distribute
existing stocks of voluntarily canceled products for 1 year after the
effective date of the cancellation, which will be the date of
publication of the cancellation order in the Federal Register.
Thereafter, registrants will be prohibited from selling or distributing
the products identified in Table 1 of Unit II, except for export
consistent with FIFRA section 17 (7 U.S.C. 136o) or for proper
disposal.
    Now that EPA has approved product labels reflecting the requested
amendments to terminate uses for the products listed in Table 2 of Unit
II, registrants are permitted to sell or distribute the products listed
in Table 2 of Unit II, under the previously approved labeling until
December 2, 2019, unless other restrictions have been imposed.
Thereafter, registrants will be prohibited from selling or distributing
the products whose labels include the terminated uses identified in
Table 2 of Unit II, except for export consistent with FIFRA section 17
or for proper disposal.
    Persons other than the registrant may sell, distribute, or use
existing stocks of canceled products and products whose labels include
the terminated uses until supplies are exhausted, provided that such
sale, distribution, or use is consistent with the terms of the
previously approved labeling on, or that accompanied, the canceled
products and terminated uses.

    Authority: 7 U.S.C. 136 et seq.

    Dated: May 3, 2018.
Delores Barber,
Director, Information Technology and Resources Management Division,
Office of Pesticide Programs.
[FR Doc. 2018-11755 Filed 5-31-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 221 (Friday, November 15, 2019)]
[Proposed Rules]
[Pages 62488-62491]
[FR Doc No: 2019-24531]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2019-0864; Product Identifier 2019-NM-140-AD]
RIN 2120-AA64

Airworthiness Directives; Airbus SAS Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
for all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R series
airplanes, and Model A300 C4-605R Variant F airplanes (collectively
called Model A300-600 series airplanes); and Model A310 series
airplanes. This proposed AD was prompted by a determination that new
tests are necessary to address potential air leaks in the reservoir air
pressurization lines. This proposed AD would require repetitive
pressurization tests of the reservoir air pressurization lines for pipe
rupture and leaks, and repair or replacement if necessary, as specified
in a European Union Aviation Safety Agency (EASA) AD, which will be
incorporated by reference. The FAA is proposing this AD to address the
unsafe condition on these products.

DATES: The FAA must receive comments on this proposed AD by December
30, 2019.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.

     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For the material identified in this proposed AD that will be
incorporated by reference (IBR), contact the EASA, Konrad-Adenauer-Ufer
3, 50668 Cologne, Germany; telephone +49 221 89990 1000; email
<EMAIL_ADDRESS>internet www.easa.europa.eu. You may find this IBR
material on the EASA website at https://ad.easa.europa.eu. You may view
this IBR material at the FAA, Transport Standards Branch, 2200 South
216th St., Des Moines, WA. For information on the availability of this
material at the FAA, call<PHONE_NUMBER>. It is also available in the AD
docket on the internet at https://www.regulations.gov by searching for
and locating Docket No. FAA-2019-0864.

Examining the AD Docket

    You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2019-
0864; or in person at Docket Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays. The AD docket contains
this NPRM, the regulatory evaluation, any comments received, and other
information. The street address for Docket Operations is listed above.
Comments will be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Dan Rodina, Aerospace Engineer,
International Section, Transport Standards Branch, FAA, 2200 South
216th St., Des Moines, WA 98198; telephone and fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2019-0864;
Product Identifier 2019-NM-140-AD'' at the beginning of your comments.
The FAA specifically invites comments on the overall regulatory,
economic, environmental, and energy aspects of this NPRM. The FAA will
consider all comments received by the closing date and may amend this
NPRM based on those comments.
    The FAA will post all comments, without change, to https://www.regulations.gov, including any personal information you provide.
The FAA will also post a report summarizing each substantive verbal
contact the agency receives about this NPRM.

Discussion

    The EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD 2019-0188, dated July 31, 2019
(``EASA AD 2019-0188'') (also referred to as the Mandatory Continuing
Airworthiness Information, or ``the MCAI''), to correct an unsafe
condition for all Airbus SAS Model A300 B4-600, B4-600R, and F4-600R
series airplanes, and Model A300 C4-605R Variant F airplanes
(collectively called Model A300-600 series airplanes); Model A310
series airplanes; and Model A300F4-608ST airplanes. (Model A300F4-608ST
airplanes are not on the U.S. Register; this proposed AD therefore does
not include those airplanes in the applicability.)
    This proposed AD was prompted by a determination that new tests are
necessary to address potential air leaks in the reservoir air
pressurization lines. The FAA is proposing this AD to address air leaks
that could result in the loss of a hydraulic system and consequent
reduced controllability of the airplane. See the MCAI for additional
background information.

Related IBR Material Under 1 CFR Part 51

    EASA AD 2019-0188 describes airworthiness limitations involving
repetitive pressurization tests of the reservoir air pressurization
lines for pipe rupture and leaks, and repair and replacement of
affected hydraulic pipes, ducts, and pressurization lines. This
material is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to the FAA's bilateral agreement with the State of Design Authority,
the FAA has been notified of the unsafe condition described in the MCAI
referenced above. The FAA is proposing this AD because the FAA
evaluated all the relevant information and determined the unsafe
condition described previously is likely to exist or develop in other
products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in EASA AD 2019-0188 described previously, as incorporated by
reference, except for any differences identified as exceptions in the
regulatory text of this AD.

Explanation of Required Compliance Information

    In the FAA's ongoing efforts to improve the efficiency of the AD
process, the FAA initially worked with Airbus and EASA to develop a
process to use certain EASA ADs as the primary source of information
for compliance with requirements for corresponding FAA ADs. The FAA has
since coordinated with other manufacturers and civil aviation
authorities (CAAs) to use this process. As a result, EASA AD 2019-0188
will be incorporated by reference in the FAA final rule. This proposed
AD would, therefore, require compliance with EASA AD 2019-0188 in its
entirety, through that incorporation, except for any differences
identified as exceptions in the regulatory text of this proposed AD.
Using common terms that are the same as the heading of a particular
section in the EASA AD does not mean that operators need comply only
with that section. For example, where the AD requirement refers to
``all required actions and compliance times,'' compliance with this AD
requirement is not limited to the section titled ``Required Action(s)
and Compliance Time(s)'' in the EASA AD. Service information specified
in EASA AD 2019-0188 that is required for compliance with EASA AD 2019-
0188 will be available on the internet at http://www.regulations.gov by
searching for and locating Docket No. FAA-2019-0864 after the FAA final
rule is published.

Interim Action

    The FAA considers this proposed AD interim action. If final action
is later identified, the FAA might consider further rulemaking then.

Costs of Compliance

    The FAA estimates that this proposed AD affects 123 airplanes of
U.S. registry. The FAA estimates the following costs to comply with
this proposed AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
               Labor cost                   Parts cost         Cost per product         Cost on U.S.  operators
----------------------------------------------------------------------------------------------------------------
2 work-hours x $85 per hour = 170 per                $0   $170 per inspection cycle.  $20,910 per inspection
 inspection cycle.                                                                     cycle.
----------------------------------------------------------------------------------------------------------------

    The FAA estimates the following costs to do any necessary on-
condition action that would be required based on the results of any
required actions. The FAA has no way of determining the number of
aircraft that might need this on-condition action:

                 Estimated Costs of On-Condition Actions
------------------------------------------------------------------------
           Labor cost                 Parts cost       Cost per product
------------------------------------------------------------------------
3 work-hours x $85 per hour =                    $0                $255
 $255...........................
------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
    This proposed AD is issued in accordance with authority delegated
by the Executive Director, Aircraft Certification Service, as
authorized by FAA Order 8000.51C. In accordance with that order,
issuance of ADs is normally a function of the Compliance and
Airworthiness Division, but during this transition period, the
Executive Director has delegated the authority to issue ADs applicable
to transport category airplanes and associated appliances to the
Director of the System Oversight Division.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Airbus SAS: Docket No. FAA-2019-0864; Product Identifier 2019-NM-
140-AD.

(a) Comments Due Date

    The FAA must receive comments by December 30, 2019.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Airbus SAS Model airplanes specified in
paragraphs (c)(1) through (5) of this AD, certificated in any
category.
    (1) Model A300 B4-601, B4-603, B4-620, and B4-622 airplanes.
    (2) Model A300 B4-605R and B4-622R airplanes.
    (3) Model A300 F4-605R and F4-622R airplanes.
    (4) Model A300 C4-605R Variant F airplanes.
    (5) Model A310-203, -204, -221, -222, -304, -322, -324, and -325
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 29, Hydraulic
power.

(e) Reason

    This AD was prompted by a determination that new tests are
necessary to address potential air leaks in the reservoir air
pressurization lines. The FAA is issuing this AD to address air
leaks that could result in the loss of a hydraulic system and
consequent reduced controllability of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Requirements

    Except as specified in paragraph (h) of this AD: Comply with all
required actions and compliance times specified in, and in
accordance with, European Union Aviation Safety Agency (EASA) AD
2019-0188, dated July 31, 2019 (``EASA AD 2019-0188'').

(h) Exceptions to EASA AD 2019-0188

    (1) Where EASA AD 2019-0188 refers to its effective date, this
AD requires using the effective date of this AD.
    (2) The ``Remarks'' section of EASA AD 2019-0188 does not apply
to this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Section, Transport Standards Branch, FAA, has the
authority to approve AMOCs for this AD, if requested using the
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Section, send it to the attention of
the person identified in paragraph (j)(2) of this AD. Information
may

be emailed to<EMAIL_ADDRESS>Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain instructions from a manufacturer, the instructions must be
accomplished using a method approved by the Manager, International
Section, Transport Standards Branch, FAA; or EASA; or Airbus SAS's
EASA Design Organization Approval (DOA). If approved by the DOA, the
approval must include the DOA-authorized signature.
    (3) Required for Compliance (RC): For any service information
referenced in EASA AD 2019-0188 that contains RC procedures and
tests: Except as required by paragraph (i)(2) of this AD, RC
procedures and tests must be done to comply with this AD; any
procedures or tests that are not identified as RC are recommended.
Those procedures and tests that are not identified as RC may be
deviated from using accepted methods in accordance with the
operator's maintenance or inspection program without obtaining
approval of an AMOC, provided the procedures and tests identified as
RC can be done and the airplane can be put back in an airworthy
condition. Any substitutions or changes to procedures or tests
identified as RC require approval of an AMOC.

(j) Related Information

    (1) For information about EASA AD 2019-0188, contact the EASA,
Konrad-Adenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221
89990 6017; email<EMAIL_ADDRESS>internet www.easa.europa.eu.
You may find this EASA AD on the EASA website at https://ad.easa.europa.eu. You may view this material at the FAA, Transport
Standards Branch, 2200 South 216th St., Des Moines, WA. For
information on the availability of this material at the FAA, call
206-231-3195. This material may be found in the AD docket on the
internet at https://www.regulations.gov by searching for and
locating Docket No. FAA-2019-0864.
    (2) For more information about this AD, contact Dan Rodina,
Aerospace Engineer, International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des Moines, WA 98198; telephone
and fax<PHONE_NUMBER>.

    Issued in Des Moines, Washington, on November 1, 2019.
Dionne Palermo,
Acting Director, System Oversight Division, Aircraft Certification
Service.
[FR Doc. 2019-24531 Filed 11-14-19; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 133 (Thursday, July 15, 2021)]
[Notices]
[Page 37397]
[FR Doc No: 2021-15064]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request for Disposal of 14.1 Acres of
Land at Auburn-Lewiston Airport, Auburn, ME

AGENCY: Federal Aviation Administration (FAA), Transportation (DOT).

ACTION: Request for public comments.

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SUMMARY: Notice is being given that the FAA is considering a request
from the Cities of Auburn and Lewiston, ME to dispose of 14.1 acres of
land at Auburn-Lewiston Airport, Auburn, ME. The land is not required
for aeronautical use. Given its location, the disposal of land will not
affect existing or future aviation development needs at the airport. An
avigation easement will be placed on the property to ensure conformance
with airport airspace requirements. The proceeds of the land sale will
be placed in the airport's operating and maintenance account.

DATES: Comments must be received on or before August 16, 2021.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration New England Region
Airports Division, 1200 District Avenue, Burlington, Massachusetts
01803. Telephone:<PHONE_NUMBER>.

    Authority: 49 U.S.C. 47107(h)(2).

    Issued in Burlington, Massachusetts on July 12, 2021.
Julie Seltsam-Wilps,
Deputy Director, ANE-600.
[FR Doc. 2021-15064 Filed 7-14-21; 8:45 am]
BILLING CODE 4910-13-P