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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 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 Start Printed Page 52866date 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.

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 III
West Virginia:
Ansted, Town of, Fayette County540027June 10, 1975, Emerg; October 30, 1981, Reg; September 3, 2010, SuspSept. 3, 2010Sept. 3, 2010.
Gauley Bridge, Town of, Fayette County540294September 22, 1989, Emerg; September 18, 1991, Reg; September 3, 2010, Susp......do  Do.
Fayette County, Unincorporated Areas540026April 16, 1975, Emerg; March 4, 1988, Reg; September 3, 2010, Susp......do  Do.
Meadow Bridge, Town of, Fayette County540028October 1, 1975, Emerg; January 2, 1991, Reg; September 3, 2010, Susp......do  Do.
Montgomery, City of, Fayette and Kahawha Counties540029July 2, 1975, Emerg; June 1, 1982, Reg; September 3, 2010, Susp......do  Do.
Mount Hope, City of, Fayette County540280October 30, 1974, Emerg; August 10, 1979, Reg; September 3, 2010, Susp......do  Do.
Oak Hill, City of, Fayette County540031October 24, 1974, Emerg; January 18, 1980, Reg; September 3, 2010, Susp......do  Do.
Pax, Town of, Fayette County540032July 8, 1975, Emerg; August 10, 1979, Reg; September 3, 2010, Susp......do  Do.
Smithers, Town of, Fayette County540033June 12, 1975, Emerg; April 15, 1982, Reg; September 3, 2010, Susp......do  Do.
Region IV
Alabama:
Butler, City of, Choctaw County010033August 7, 1975, Emerg; July 5, 1982, Reg; September 3, 2010, Susp......do  Do.
Choctaw County, Unincorporated Areas010310September 25, 1974, Emerg; September 30, 1988, Reg; September 3, 2010, Susp......do  Do.
Gilbertown, Town of, Choctaw County010034January 29, 1979, Emerg; July 3, 1986, Reg; September 3, 2010, Susp......do  Do.
Hueytown, City of, Jefferson County010337April 22, 1975, Emerg; January 2, 1981, Reg; September 3, 2010, Susp......do  Do.
Lipscomb, City of, Jefferson County010126July 25, 1975, Emerg; January 2, 1981, Reg; September 3, 2010, Susp......do  Do.
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Pennington, Town of, Choctaw County010035July 16, 1979, Emerg; September 18, 1985, Reg; September 3, 2010, Susp......do  Do.
Silas, Town of, Choctaw County010036N/A, Emerg; February 27, 2006, Reg; September 3, 2010, Susp......do  Do.
Georgia: Stewart County, Unincorporated Areas130393September 8, 1986, Emerg; July 1, 1987, Reg; September 3, 2010, Susp......do  Do.
Mississippi:
New Albany, Town of, Union County280174March 25, 1975, Emerg; September 4, 1985, Reg; September 3, 2010, Susp......do  Do.
Union County, Unincorporated Areas280237December 3, 2007, Emerg; September 3, 2010, Reg; September 3, 2010, Susp......do  Do.
Tennessee:
Byrdstown, City of, Pickett County470147February 12, 1976, Emerg; July 3, 1986, Reg; September 3, 2010, Susp......do  Do.
Pickett County, Unincorporated Areas470384November 17, 1994, Emerg; February 1, 2006, Reg; September 3, 2010, Susp......do  Do.
Region VI
Louisiana:
Basile, Town of, Evangeline Parish220065January 22, 1976, Emerg; January 15, 1988, Reg; September 3, 2010, Susp......do  Do.
Evangeline Parish, Unincorporated Areas220064January 12, 1976, Emerg; August 1, 1988, Reg; September 3, 2010, Susp......do  Do.
Mamou, Town of, Evangeline Parish220067September 13, 1974, Emerg; November 1, 1985, Reg; September 3, 2010, Susp......do  Do.
Pine Prairie, Village of, Evangeline Parish220068July 8, 1975, Emerg; June 25, 1976, Reg; September 3, 2010, Susp......do  Do.
Turkey Creek, Village of, Evangeline Parish220069August 11, 2008, Emerg; September 1, 2008, Reg; September 3, 2010, Susp......do  Do.
Ville Platte, City of, Evangeline Parish220070April 13, 1976, Emerg; October 15, 1985, Reg; September 3, 2010, Susp......do  Do.
Oklahoma:
Bethel Acres, Town of, Pottawatomie County400346June 16, 1989, Emerg; December 1, 1989, Reg; September 3, 2010, Susp......do  Do.
Brooksville, City of, Pottawatomie County400469September 19, 1979, Emerg; August 19, 1985, Reg; September 3, 2010, Susp......do  Do.
Kickapoo Tribal Lands, Pottawatomie County400563February 26, 2002, Emerg; September 3, 2010, Reg; September 3, 2010, Susp......do  Do.
McLoud, Town of, Pottawatomie County400398December 27, 1977, Emerg; October 16, 1987, Reg; September 3, 2010, Susp......do  Do.
Pottawatomie County, Unincorporated Areas400496March 26, 1984, Emerg; June 1, 1988, Reg; September 3, 2010, Susp......do  Do.
Shawnee, City of, Pottawatomie County400178April 2, 1975, Emerg; July 2, 1980, Reg; September 3, 2010, Susp......do  Do.
Tecumseh, City of, Pottawatomie County400179February 10, 1975, Emerg; July 16, 1980, Reg; September 3, 2010, Susp......do  Do.
Texas:
Austin County, Unincorporated Areas480704November 21, 1975, Emerg; January 17, 1990, Reg; September 3, 2010, Susp......do  Do.
Bellville, City of, Austin County481095N/A, Emerg; June 17, 1998, Reg; September 3, 2010, Susp......do  Do.
Brazos Country, City of, Austin County481693N/A, Emerg; December 18, 2001, Reg; September 3, 2010, Susp......do  Do.
Corrigan, City of, Polk County480527January 26, 1978, Emerg; April 20, 1982, Reg; September 3, 2010, Susp......do  Do.
Goodrich, City of, Polk County481070November 12, 1980, Emerg; June 19, 1985, Reg; September 3, 2010, Susp......do  Do.
Livingston, City of, Polk County480528May 21, 1975, Emerg; September 1, 1987, Reg; September 3, 2010, Susp......do  Do.
Onalaska, City of, Polk County480974November 6, 1996, Emerg; November 1, 2007, Reg; September 3, 2010, Susp......do  Do.
Polk County, Unincorporated Areas480526September 5, 1990, Emerg; March 1, 1991, Reg; September 3, 2010, Susp......do  Do.
San Felipe, Town of, Austin County480705April 7, 1976, Emerg; January 3, 1986, Reg; September 3, 2010, Susp......do  Do.
Wood County, Unincorporated Areas481055February 21, 2001, Emerg; August 1, 2008, Reg; September 3, 2010, Susp......do  Do.
Yantis, City of, Wood County481167December 29, 1980, Emerg; October 26, 1982, Reg; September 3, 2010, Susp......do  Do.
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Region IX
Arizona: Yavapai County, Unincorporated Areas040093January 31, 1975, Emerg; September 18, 1985, Reg; September 3, 2010, Susp......do  Do.
Region X
Oregon:
Adams, City of, Umatilla County410205February 12, 1976, Emerg; May 15, 1984, Reg; September 3, 2010, Susp......do  Do.
Athena, City of, Umatilla County410206June 4, 1975, Emerg; July 16, 1984, Reg; September 3, 2010, Susp......do  Do.
Echo, City of, Umatilla County410207April 15, 1975, Emerg; May 15, 1984, Reg; September 3, 2010, Susp......do  Do.
Helix, City of, Umatilla County410208January 13, 1976, Emerg; June 1, 1984, Reg; September 3, 2010, Susp......do  Do.
Hermiston, City of, Umatilla County410209November 7, 1974, Emerg; October 28, 1977, Reg; September 3, 2010, Susp......do  Do.
Milton-Freewater, City of, Umatilla County410210April 16, 1975, Emerg; September 12, 1978, Reg; September 3, 2010, Susp......do  Do.
Pendleton, City of, Umatilla County410211March 3, 1972, Emerg; July 13, 1976, Reg; September 3, 2010, Susp......do  Do.
Pilot Rock, City of, Umatilla County410212July 5, 1974, Emerg; August 4, 1988, Reg; September 3, 2010, Susp......do  Do.
Stanfield, City of, Umatilla County410213October 2, 1974, Emerg; August 15, 1984, Reg; September 3, 2010, Susp......do  Do.
Ukiah, City of, Umatilla County410279August 25, 1975, Emerg; September 24, 1984, Reg; September 3, 2010, Susp......do  Do.
Umatilla, City of, Umatilla County410214February 6, 1975, Emerg; September 24, 1984, Reg; September 3, 2010, Susp......do  Do.
Umatilla County, Unincorporated Areas410204February 4, 1972, Emerg; June 15, 1978, Reg; September 3, 2010, Susp......do  Do.
Weston, City of, Umatilla County410215August 8, 1975, Emerg; September 18, 1987, Reg; September 3, 2010, Susp......do  Do.
 *do = Ditto.
 Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: August 16, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.

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[FR Doc. 2010-21597 Filed 8-27-10; 8:45 am]

BILLING CODE 9110-12-P