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Rule

Suspension of Community Eligibility

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Start Preamble

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.

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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.

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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 Start Printed Page 49418with 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.

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.

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List of Subjects in 44 CFR Part 64

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Accordingly,

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PART 64—[AMENDED]

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1. The authority citation for part 64 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 64.6 are amended as follows:

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assis- tance no longer available in SFHAs
Region IV
Alabama:
Kinston, Town of, Coffee County010237October 8, 1975, Emerg; December 30, 1977, Reg; August 19, 2010, Susp.August 19, 2010August 19, 2010.
New Brockton, Town of, Coffee County010238January 12, 1976, Emerg; July 22, 1977, Reg; August 19, 2010, Susp.......do  Do.
Georgia:
Abbeville, City of, Dodge and Wilcox Counties130195N/A, Emerg; May 26, 1998, Reg; August 19, 2010, Susp.......do  Do.
Alamo, City of, Wheeler County130507September 22, 1994, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
Centralhatchee, Town of, Heard County130257October 6, 1986, Emerg; May 1, 1988, Reg; August 19, 2010, Susp.......do  Do.
Dodge County, Unincorporated Areas130523N/A, Emerg; July 9, 1998, Reg; August 19, 2010, Susp.......do  Do.
Franklin, City of, Heard County130106July 7, 1975, Emerg; July 17, 1986, Reg; August 19, 2010, Susp.......do  Do.
Glenwood, City of, Wheeler County130419January 6, 2004, Emerg; August 1, 2004, Reg; August 19, 2010, Susp.......do  Do.
Hazlehurst, City of, Jeff Davis County130114January 14, 1974, Emerg; August 1, 1979, Reg; August 19, 2010, Susp.......do  Do.
Heard County, Unincorporated Areas130105April 11, 1985, Emerg; August 1, 1986, Reg; August 19, 2010, Susp.......do  Do.
Jeff Davis County, Unincorporated Areas130113N/A, Emerg; February 14, 2005, Reg; August 19, 2010, Susp.......do  Do.
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Lumber City, City of, Telfair County130167September 5, 1975, Emerg; September 29, 1986, Reg; August 19, 2010, Susp.......do  Do.
Lyons, City of, Toombs County130223June 2, 1976, Emerg; May 15, 1986, Reg; August 19, 2010, Susp.......do  Do.
Montgomery County, Unincorporated Areas130139October 3, 1994, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
Mount Vernon, City of, Montgomery County130140July 25, 1975, Emerg; August 19, 1986, Reg; August 19, 2010, Susp.......do  Do.
Toombs County, Unincorporated Areas130173N/A, Emerg; October 31, 1991, Reg; August 19, 2010, Susp.......do  Do.
Treutlen County, Unincorporated Areas130175January 22, 1999, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
Uvalda, City of, Montgomery County130361February 28, 1980, Emerg; July 9, 1982, Reg; August 19, 2010, Susp.......do  Do.
Wheeler County, Unincorporated Areas130190October 11, 1994, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
Wilcox County, Unincorporated Areas130524N/A, Emerg; April 16, 1998, Reg; August 19, 2010, Susp.......do  Do.
Kentucky: Jamestown, City of, Russell County210206September 5, 1975, Emerg; June 25, 1976, Reg; August 19, 2010, Susp.......do  Do.
Mississippi:
Bruce, City of Calhoun County280026February 5, 1975, Emerg; June 18, 1987, Reg; August 19, 2010, Susp.......do  Do.
Calhoun City, City of, Calhoun County280027March 19, 1975, Emerg; June 18, 1987, Reg; August 19, 2010, Susp.......do  Do.
Calhoun County, Unincorporated Areas280288March 28, 1975, Emerg; January 3, 1990, Reg; August 19, 2010, Susp.......do  Do.
Derma, Town of, Calhoun County280217September 21, 1979, Emerg; September 1, 1987, Reg; August 19, 2010, Susp.......do  Do.
Pittsboro, Town of, Calhoun County280218March 19, 1975, Emerg; August 5, 1985, Reg; August 19, 2010, Susp.......do  Do.
Pontotoc, City of, Pontotoc County280348August 14, 2000, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
Pontotoc County, Unincorporated Areas280234July 22, 1977, Emerg; February 1, 1987, Reg; August 19, 2010, Susp.......do  Do.
Sherman, Town of, Lee, Pontotoc and Union Counties280296December 21, 1978, Emerg; September 4, 1985, Reg; August 19, 2010, Susp.......do  Do.
Vardaman, Town of, Calhoun County280327N/A, Emerg; November 11, 1994, Reg; August 19, 2010, Susp.......do  Do.
Region V
Ohio:
Clarington, Village of, Monroe County390405July 7, 1975, Emerg; November 16, 1983, Reg; August 19, 2010, Susp.......do  Do.
Monroe County, Unincorporated Areas390404February 11, 1977, Emerg; February 15, 1984, Reg; August 19, 2010, Susp.......do  Do.
Wisconsin:
Durand, City of Pepin County550320April 13, 1973, Emerg; June 1, 1977, Reg; August 19, 2010, Susp.......do  Do.
Pepin, Village of, Pepin County555569April 23, 1971, Emerg; May 26, 1977, Reg; August 19, 2010, Susp.......do  Do.
Pepin County, Unincorporated Areas555570April 9, 1971, Emerg; December 16, 1972, Reg; August 19, 2010, Susp.......do  Do.
Stockholm, Village of, Pepin County555581April 23, 1971, Emerg; December 8, 1972, Reg; August 19, 2010, Susp.......do  Do.
Region VI
New Mexico:
Los Lunas, Village of, Valencia County350144May 1, 1979, Emerg; October 13, 1987, Reg; August 19, 2010, Susp.......do  Do.
Valencia County, Unincorporated Areas350086April 13, 1979, Emerg; July 2, 1991, Reg; August 19, 2010, Susp.......do  Do.
Oklahoma:
Davenport, Town of, Lincoln County400365June 30, 1976, Emerg; October 31, 1978, Reg; August 19, 2010, Susp.......do  Do.
Hennessey, Town of, Kingfisher County400389N/A, Emerg; August 26, 2005, Reg; August 19, 2010, Susp.......do  Do.
Kickapoo, Tribe of Oklahoma, Lincoln, Oklahoma and Pottawatomie Counties400563February 26, 2002, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
Kingfisher, City of, Kingfisher County400082December 23, 1971, Emerg; September 30, 1976, Reg; August 19, 2010, Susp.......do  Do.
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Kingfisher County, Unincorporated Areas400471January 9, 1987, Emerg; September 18, 1991, Reg; August 19, 2010, Susp.......do  Do.
Lincoln County, Unincorporated Areas400457September 28, 1990, Emerg; February 3, 1993, Reg; August 19, 2010, Susp.......do  Do.
Piedmont, City of, Canadian and Kingfisher Counties400027February 4, 1985, Emerg; February 4, 1985, Reg; August 19, 2010, Susp.......do  Do.
Prague, City of, Lincoln County400435April 21, 1977, Emerg; September 4, 1985, Reg; August 19, 2010, Susp.......do  Do.
Region VIII
Colorado:
Bayfield, Town of, La Plata County080098June 27, 1975, Emerg; September 29, 1978, Reg; August 19, 2010, Susp.......do  Do.
Cedaredge, Town of, Delta County080304May 27, 1993, Emerg; May 21, 2009, Reg; August 19, 2010, Susp.......do  Do.
Delta, City of, Delta County080043August 2, 1974, Emerg; June 1, 1984, Reg; August 19, 2010, Susp.......do  Do.
Delta County, Unincorporated Areas080041April 9, 1979, Emerg; March 15, 1984, Reg; August 19, 2010, Susp.......do  Do.
Durango, City of, La Plata County080099April 30, 1974, Emerg; January 17, 1979, Reg; August 19, 2010, Susp.......do  Do.
La Plata County, Unincorporated Areas080097December 12, 1974, Emerg; December 15, 1981, Reg; August 19, 2010, Susp.......do  Do.
Orchard City, City of, Delta County080258May 16, 1983, Emerg; May 16, 1983, Reg; August 19, 2010, Susp.......do  Do.
Paonia, Town of, Delta County080045June 10, 1975, Emerg; March 16, 1983, Reg; August 19, 2010, Susp.......do  Do.
North Dakota:
McLean County, Unincorporated Areas380057July 12, 1982, Emerg; June 4, 1987, Reg; August 19, 2010, Susp.......do  Do.
Three Affiliated Tribes, Fort Berthold Reservation, McLean County380721August 23, 2000, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.......do  Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: August 4, 2010.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security Federal Emergency Management Agency.

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[FR Doc. 2010-20006 Filed 8-12-10; 8:45 am]

BILLING CODE 9110-12-P