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Rule

Suspension of Community Eligibility

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Information about this document as published in the Federal Register.

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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 Start Printed Page 52862publication 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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register.

In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 17, 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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

End List of Subjects Start Amendment Part

Accordingly,

End Amendment Part Start Part

PART 64—[AMENDED]

End Part Start Amendment Part

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

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

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 assistance no longer available in SFHAs
Region II
New York:
Barker, Village of, Niagara County360498April 10, 1975, Emerg; May 1, 1984, Reg; September 17, 2010, SuspSept. 17, 2010Sept. 17, 2010.
Cambria, Town of, Niagara County360499July 7, 1975, Emerg; September 30, 1983, Reg; September 17, 2010, Susp......do  Do.
Hartland, Town of, Niagara County360500May 1, 1975, Emerg; October 7, 1983, Reg; September 17, 2010, Susp......do  Do.
Lewiston, Town of, Niagara County360502March 27, 1974, Emerg; June 18, 1980, Reg; September 17, 2010, Susp......do  Do.
Lockport, City of, Niagara County360503December 17, 1973, Emerg; February 4, 1981, Reg; September 17, 2010, Susp......do  Do.
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Lockport, Town of, Niagara County361013December 17, 1973, Emerg; September 2, 1981, Reg; September 17, 2010, Susp......do  Do.
Middleport, Village of, Niagara County360505April 8, 1975, Emerg; August 1, 1983, Reg; September 17, 2010, Susp......do  Do.
North Tonawanda, City of, Niagara County360508May 14, 1975, Emerg; January 6, 1982, Reg; September 17, 2010, Susp......do  Do.
Pendleton, Town of, Niagara County360509April 12, 1974, Emerg; January 6, 1982, Reg; September 17, 2010, Susp......do  Do.
Porter, Town of, Niagara County360510July 17, 1974, Emerg; August 15, 1983, Reg; September 17, 2010, Susp......do  Do.
Royalton, Town of, Niagara County360511November 29, 1974, Emerg; July 6, 1979, Reg; September 17, 2010, Susp......do  Do.
Wheatfield, Town of, Niagara County360513July 5, 1973, Emerg; July 16, 1981, Reg; September 17, 2010, Susp......do  Do.
Youngstown, Village of, Niagara County360515March 30, 1973, Emerg; June 4, 1980, Reg; September 17, 2010, Susp......do  Do.
Region III
Virginia:
Clifton, Town of, Fairfax County510186December 5, 1973, Emerg; May 2, 1977, Reg; September 17, 2010, Susp......do  Do.
Fairfax County, Unincorporated Areas515525June 19, 1970, Emerg; January 7, 1972, Reg; September 17, 2010, Susp......do  Do.
Gloucester County, Unincorporated Areas510071March 25, 1974, Emerg; August 4, 1987, Reg; September 17, 2010, Susp......do  Do.
Herndon, Town of, Fairfax County510052May 21, 1973, Emerg; August 1, 1979, Reg; September 17, 2010, Susp......do  Do.
Irvington, Town of, Lancaster County510221August 18, 1975, Emerg; August 4, 1987, Reg; September 17, 2010, Susp......do  Do.
Lancaster County, Unincorporated Areas510084November 27, 1973, Emerg; March 4, 1988, Reg; September 17, 2010, Susp......do  Do.
Northumberland County, Unincorporated Areas510107October 9, 1973, Emerg; July 4, 1989, Reg; September 17, 2010, Susp......do  Do.
Vienna, Town of, Fairfax County510053August 8, 1974, Emerg; February 3, 1982, Reg; September 17, 2010, Susp......do  Do.
White Stone, Town of, Lancaster County510235August 18, 1975, Emerg; September 24, 1984, Reg; September 17, 2010, Susp......do  Do.
Region IV
Alabama:
Aliceville, City of, Pickens County010180February 8, 1974, Emerg; July 17, 1978, Reg; September 17, 2010, Susp......do  Do.
Ethelsville, Town of, Pickens County010281December 21, 1978, Emerg; March 18, 1985, Reg; September 17, 2010, Susp......do  Do.
Gordo, Town of, Pickens County010220August 6, 1974, Emerg; August 15, 1978, Reg; September 17, 2010, Susp......do  Do.
Pickens County, Unincorporated Areas010283May 25, 1976, Emerg; June 4, 1990, Reg; September 17, 2010, Susp......do  Do.
Pickensville, Town of, Pickens County010423N/A, Emerg; June 6, 1996, Reg; September 17, 2010, Susp......do  Do.
Reform, Town of, Pickens County010221July 31, 1974, Emerg; July 3, 1978, Reg; September 17, 2010, Susp......do  Do.
Georgia:
Comer, City of, Madison County130211May 12, 1975, Emerg; June 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Morganton, City of, Fannin County130449November 17, 1976, Emerg; April 2, 1986, Reg; September 17, 2010, Susp......do  Do.
Mountain City, Town of, Rabun County130252January 30, 1980, Emerg; July 9, 1982, Reg; September 17, 2010, Susp......do  Do.
Randolph County, Unincorporated Areas130553May 16, 1997, Emerg; September 17, 2010, Reg; September 17, 2010, Susp......do  Do.
Kentucky:
Hustonville, City of, Lincoln County210144August 26, 1975, Emerg; September 27, 1985, Reg; September 17, 2010, Susp......do  Do.
Stanford, City of, Lincoln County210145February 26, 1975, Emerg; September 27, 1985, Reg; September 17, 2010, Susp......do  Do.
Mississippi:
Alcorn County, Unincorporated Areas280267N/A, Emerg; February 27, 1992, Reg; September 17, 2010, Susp......do  Do.
Coffeeville, Town of, Yalobusha County280186April 8, 1975, Emerg; September 4, 1986, Reg; September 17, 2010, Susp......do  Do.
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Corinth, City of, Alcorn County280002July 26, 1974, Emerg; March 16, 1981, Reg; September 17, 2010, Susp......do  Do.
Duck Hill, Town of, Montgomery County280118June 23, 1975, Emerg; April 2, 1986, Reg; September 17, 2010, Susp......do  Do.
Louisville, City of, Winston County280185February 11, 1974, Emerg; June 15, 1978, Reg; September 17, 2010, Susp......do  Do.
Montgomery County, Unincorporated Areas280212April 11, 1974, Emerg; September 1, 1987, Reg; September 17, 2010, Susp......do  Do.
Rienzi, Town of, Alcorn County280322October 30, 2006, Emerg; September 17, 2010, Reg; September 17, 2010, Susp......do  Do.
Water Valley, City of, Yalobusha County280187December 5, 1974, Emerg; September 27, 1985, Reg; September 17, 2010, Susp......do  Do.
Winona, City of, Montgomery County280119February 18, 1975, Emerg; July 2, 1987, Reg; September 17, 2010, Susp......do  Do.
Winston County, Unincorporated Areas280308December 21, 1978, Emerg; August 19, 1985, Reg; September 17, 2010, Susp......do  Do.
Tennessee:
Ashland City, Town of, Cheatham County470027March 10, 1975, Emerg; April 1, 1981, Reg; September 17, 2010, Susp......do  Do.
Cheatham County, Unincorporated Areas470026September 27, 1974, Emerg; May 19, 1981, Reg; September 17, 2010, Susp......do  Do.
Decatur, Town of, Meigs County470134March 27, 1975, Emerg; June 3, 1986, Reg; September 17, 2010, Susp......do  Do.
Kingston Springs, Town of, Cheatham County470289June 11, 1984, Emerg; June 11, 1984, Reg; September 17, 2010, Susp......do  Do.
Pegram, Town of, Cheatham County470291April 9, 1987, Emerg; April 9, 1987, Reg; September 17, 2010, Susp......do  Do.
Region V
Illinois:
Bonnie, Village of, Jefferson County170306September 10, 1975, Emerg; August 19, 1985, Reg; September 17, 2010, Susp......do  Do.
East Dubuque, City of, Jo Daviess County170752June 25, 1975, Emerg; October 18, 1983, Reg; September 17, 2010, Susp......do  Do.
Galena, City of, Jo Daviess County175168August 27, 1971, Emerg; July 20, 1973, Reg; September 17, 2010, Susp......do  Do.
Hanover, Village of, Jo Daviess County170755July 21, 1975, Emerg; May 4, 1989, Reg; September 17, 2010, Susp......do  Do.
Ina, Village of, Jefferson County170307March 2, 1976, Emerg; May 25, 1984, Reg; September 17, 2010, Susp......do  Do.
Jefferson County, Unincorporated Areas170305October 31, 2000, Emerg; September 17, 2010, Reg; September 17, 2010, Susp......do  Do.
Jo Daviess County, Unincorporated Areas170902April 19, 1979, Emerg; January 18, 1984, Reg; September 17, 2010, Susp......do  Do.
Mount Vernon, City of, Jefferson County170308September 30, 1974, Emerg; February 15, 1984, Reg; September 17, 2010, Susp......do  Do.
Peoria Heights, Village of, Peoria, Tazewell, and Woodford Counties170537October 13, 1972, Emerg; November 1, 1979, Reg; September 17, 2010, Susp......do  Do.
Roanoke, Village of, Woodford County170727June 17, 1975, Emerg; September 4, 1987, Reg; September 17, 2010, Susp......do  Do.
Spring Bay, Village of, Woodford County170887August 26, 1977, Emerg; June 4, 1980, Reg; September 17, 2010, Susp......do  Do.
Washburn, Village of, Marshall and Woodford Counties170728January 27, 1975, Emerg; July 2, 1987, Reg; September 17, 2010, Susp......do  Do.
Woodford County, Unincorporated Areas170730September 7, 1973, Emerg; February 1, 1984, Reg; September 17, 2010, Susp......do  Do.
Michigan:
Bangor, Township of, Bay County260019March 30, 1973, Emerg; July 2, 1979, Reg; September 17, 2010, Susp......do  Do.
Bay City, City of, Bay County260020March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Essexville, City of, Bay County260021March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Fraser, Township of, Bay County260657November 13, 1981, Emerg; November 13, 1981, Reg; September 17, 2010, Susp......do  Do.
Hampton, Township of, Bay County260023March 30, 1973, Emerg; August 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Kawkawlin, Township of, Bay County260658January 29, 1979, Emerg; February 1, 1979, Reg; September 17, 2010, Susp......do  Do.
Monitor, Township of, Bay County260358July 21, 1982, Emerg; August 19, 1985, Reg; September 17, 2010, Susp......do  Do.
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Pinconning, City of, Bay County260607March 17, 1975, Emerg; August 3, 1981, Reg; September 17, 2010, Susp......do  Do.
Pinconning, Township of, Bay County260025March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Region VII
Missouri:
Bolivar, City of, Polk County290299July 24, 1975, Emerg; June 15, 1988, Reg; September 17, 2010, Susp......do  Do.
Marshfield, City of, Webster County290685June 13, 1975, Emerg; September 10, 1984, Reg; September 17, 2010, Susp......do  Do.
Seymour, City of, Webster County290933N/A, Emerg; February 11, 2005, Reg; September 17, 2010, Susp......do  Do.
Webster County, Unincorporated Areas290848N/A, Emerg; April 14, 2003, Reg; September 17, 2010, Susp......do  Do.
Region X
Oregon:
Astoria, City of, Clatsop County410028October 16, 1974, Emerg; August 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Cannon Beach, City of, Clatsop County410029March 6, 1974, Emerg; September 1, 1978, Reg; September 17, 2010, Susp......do  Do.
Clatsop County, Unincorporated Areas410027February 7, 1974, Emerg; July 3, 1978, Reg; September 17, 2010, Susp......do  Do.
Gearhart, City of, Clatsop County410030April 11, 1974, Emerg; May 15, 1978, Reg; September 17, 2010, Susp......do  Do.
Seaside, City of, Clatsop County410032March 25, 1974, Emerg; September 5, 1979, Reg; September 17, 2010, Susp......do  Do.
Warrenton, City of, Clatsop County410033July 16, 1975, Emerg; May 15, 1978, Reg; September 17, 2010, Susp......do  Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: August 19, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.

End Signature End Supplemental Information

[FR Doc. 2010-21594 Filed 8-27-10; 8:45 am]

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