Suspension of Community Eligibility, 5890-5893 [2010-2487]
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5890
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
(1) Relate to manufactured housing
construction and safety standards,
regulations, inspections, monitoring, or
other enforcement activities;
(2) Meet the definition of a ‘‘rule’’
under the APA and applicable case law,
except that statements describing
agency organization are not included;
and
(3) Constitute a change from prior
HUD statements or practice on the same
subject matter.
III. Findings and Certifications
Environmental Impact
This final rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern or regulate real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction; or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this rule is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 3280
Fire prevention, Housing standards.
24 CFR Part 3282
Administrative practice and
procedure, Consumer protection,
Intergovernmental relations,
Investigations, Manufactured homes,
Reporting and recordkeeping
requirements.
Dated: January 27, 2010.
David H. Stevens,
Assistant Secretary for Housing—Federal
Housing Commissioner.
[FR Doc. 2010–2571 Filed 2–4–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
WReier-Aviles on DSKGBLS3C1PROD with RULES
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8115]
Suspension of Community Eligibility
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: This rule identifies
communities, where the sale of flood
VerDate Nov<24>2008
14:20 Feb 04, 2010
Jkt 220001
insurance has been authorized under
the National Flood Insurance Program
(NFIP), that are scheduled for
suspension on the effective dates listed
within this rule because of
noncompliance with the floodplain
management requirements of the
program. If the Federal Emergency
Management Agency (FEMA) receives
documentation that the community has
adopted the required floodplain
management measures prior to the
effective suspension date given in this
rule, the suspension will not occur and
a notice of this will be provided by
publication in the Federal Register on a
subsequent date.
DATES: Effective Dates: The effective
date of each community’s scheduled
suspension is the third date (‘‘Susp.’’)
listed in the third column of the
following tables.
FOR FURTHER INFORMATION CONTACT: If
you want to determine whether a
particular community was suspended
on the suspension date or for further
information, contact David Stearrett,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2953.
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.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\05FER1.SGM
05FER1
5891
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
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.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
■ Accordingly, 44 CFR part 64 is
amended as follows:
PART 64—[AMENDED]
010208
Colbert County, Unincorporated Areas
010318
Dallas County, Unincorporated Areas ...
010063
Leighton, City of, Colbert County ..........
010046
Littleville, Town of, Colbert County .......
010330
Muscle Shoals, City of, Colbert County
010047
Selma, City of, Dallas County ...............
010065
Sheffield, City of, Colbert County ..........
010048
Tuscumbia, City of, Colbert County ......
010049
Valley Grande, City of, Dallas County ..
010312
Kentucky:
Clay City, City of, Powell County ..........
210195
Powell County, Unincorporated Areas ..
210194
Springfield, City of, Washington County
210220
Stanton, City of, Powell County ............
210196
Mississippi:
Oktibbeha
County,
Unincorporated
Areas.
Starkville, City of, Oktibbeha County ....
280277
Region V
Michigan:
Augusta, Village of, Kalamazoo County
280124
260312
WReier-Aviles on DSKGBLS3C1PROD with RULES
Comstock, Township of, Kalamazoo
County.
Cooper, Township of, Kalamazoo
County.
Kalamazoo, City of, Kalamazoo County
260427
Oshtemo, Charter Township of, Kalamazoo County.
Portage, City of, Kalamazoo County .....
260736
Richland, Township of, Kalamazoo
County.
Ross, Township of, Kalamazoo County
260885
Vicksburg, Village of, Kalamazoo County.
Ohio:
14:20 Feb 04, 2010
Jkt 220001
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
1. The authority citation for part 64
continues to read as follows:
Region IV
Alabama:
Cherokee, City of, Colbert County ........
VerDate Nov<24>2008
§ 64.6
■
Community
No.
State and location
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.
PO 00000
260428
260315
260577
260624
260578
Frm 00015
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain federal assistance
no longer available in SFHAs
January 17, 1974, Emerg; September 28,
1979, Reg; February 17, 2010, Susp.
July 9, 1981, Emerg; July 9, 1981, Reg;
February 17, 2010, Susp.
April 11, 1975, Emerg; September 29,
1986, Reg; February 17, 2010, Susp.
January 17, 1974, Emerg; August 19, 1985,
Reg; February 17, 2010, Susp.
October 25, 1977, Emerg; November 24,
1978, Reg; February 17, 2010, Susp.
January 30, 1974, Emerg; December 15,
1977, Reg; February 17, 2010, Susp.
May 7, 1974, Emerg; March 4, 1986, Reg;
February 17, 2010, Susp.
January 10, 1974, Emerg; December 15,
1977, Reg; February 17, 2010, Susp.
November 27, 1973, Emerg; December 1,
1977, Reg; February 17, 2010, Susp.
N/A, Emerg; June 8, 2004, Reg; February
17, 2010, Susp.
Apr. 17, 2010 ....
Apr. 17, 2010.
......do* ..............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
March 22, 1976, Emerg; September 6,
1989, Reg; February 17, 2010, Susp.
November 1, 1976, Emerg; September 27,
1985, Reg; February 17, 2010, Susp.
June 4, 1975, Emerg; July 17, 1986, Reg;
February 17, 2010, Susp.
July 7, 1975, Emerg; January 16, 1987,
Reg; February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 23, 1979, Emerg; June 19, 1989, Reg;
February 17, 2010, Susp.
December 10, 1974, Emerg; February 18,
1981, Reg; February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
May 20, 1975, Emerg; March 15, 1982,
Reg; February 17, 2010, Susp.
January 18, 1977, Emerg; November 17,
1982, Reg; February 17, 2010, Susp.
May 6, 1977, Emerg; September 28, 1979,
Reg; February 17, 2010, Susp.
December 26, 1974, Emerg; May 1, 1985,
Reg; February 17, 2010, Susp.
May 12, 1983, Emerg; May 25, 1984, Reg;
February 17, 2010, Susp.
May 20, 1976, Emerg; May 16, 1983, Reg;
February 17, 2010, Susp.
March 31, 1992, Emerg; May 19, 1992,
Reg; February 17, 2010, Susp.
July 24, 1975, Emerg; March 15, 1982,
Reg; February 17, 2010, Susp.
November 10, 1976, Emerg; July 2, 1987,
Reg; February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Fmt 4700
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05FER1
5892
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
Community
No.
State and location
Cincinnati, City of, Hamilton County .....
390210
Greenhills, Village of, Hamilton County
390219
Milford, City of, Hamilton, Clermont
Counties.
North Hampton, Village of, Clark County.
Wisconsin:
Biron, Village of, Wood County .............
390227
Marshfield, City of, Wood, Marathon
Counties.
Nekoosa, City of, Wood County ............
550515
Pittsville, City of, Wood County .............
550517
Port Edwards, Village of, Wood County
555572
390679
555545
550516
Region VI
New Mexico:
Gallup, City of, McKinley County ..........
350042
McKinley County, Unincorporated Areas
350039
Zuni, Pueblo of, McKinley, Cibola,
Catron Counties.
Texas:
Copperas Cove, City of, Coryell, Bell,
Lampasas Counties.
Gatesville, City of, Coryell County ........
350143
480155
McGregor, City of, Coryell County ........
480459
Oglesby, City of, Coryell County ...........
480769
Region VIII
Wyoming:
Bear River, Town of, Uinta County .......
560103
Evanston, City of, Uinta County ............
560054
Mountain View, Town of, Uinta County
560092
Uinta County, Unincorporated Areas ....
560053
Region X
Oregon:
Douglas County, Unincorporated Areas
480156
410059
410061
Elkton, City of, Douglas County ............
410062
Glendale, City of, Douglas County ........
410063
Myrtle Creek, City of, Douglas County ..
WReier-Aviles on DSKGBLS3C1PROD with RULES
Drain, City of, Douglas County ..............
410064
Oakland, City of, Douglas County .........
410271
Reedsport, City of, Douglas County ......
410065
Riddle, City of, Douglas County ............
410066
Roseburg, City of, Douglas County .......
410067
Sutherlin, City of, Douglas County ........
410275
VerDate Nov<24>2008
14:20 Feb 04, 2010
Jkt 220001
PO 00000
Frm 00016
Effective date authorization/cancellation of
sale of flood insurance in community
June 27, 1973, Emerg; October 15,
Reg; February 17, 2010, Susp.
May 6, 1975, Emerg; September 1,
Reg; February 17, 2010, Susp.
April 15, 1975, Emerg; January 16,
Reg; February 17, 2010, Susp.
July 3, 1978, Emerg; September 24,
Reg; February 17, 2010, Susp.
Current effective
map date
Date certain federal assistance
no longer available in SFHAs
1982,
......do ...............
Do.
1993,
......do ...............
Do.
1981,
......do ...............
Do.
1984,
......do ...............
Do.
April 2, 1971, Emerg; May 25, 1973, Reg;
February 17, 2010, Susp.
February 18, 1975, Emerg; October 6,
2009, Reg; February 17, 2010, Susp.
May 16, 1975, Emerg; July 16, 1987, Reg;
February 17, 2010, Susp.
March 10, 1975, Emerg; November 6,
1991, Reg; February 17, 2010, Susp.
July 2, 1971, Emerg; April 13, 1973, Reg;
February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
August 6, 1973, Emerg; March 1, 1978,
Reg; February 17, 2010, Susp.
May 9, 2007, Emerg; N/A, Reg; February
17, 2010, Susp.
December 21, 1978, Emerg; September 4,
1987, Reg; February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
July 3, 1975, Emerg; November 21, 1978,
Reg; February 17, 2010, Susp.
December 18, 1974, Emerg; September 30,
1981, Reg; February 17, 2010, Susp.
April 7, 1975, Emerg; February 1, 1979,
Reg; February 17, 2010, Susp.
February 5, 2001, Emerg; November 1,
2007, Reg; February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
N/A, Emerg; October 12, 2001, Reg; February 17, 2010, Susp.
March 23, 1977, Emerg; January 15, 1988,
Reg; February 17, 2010, Susp.
August 25, 1977, Emerg; July 4, 1989, Reg;
February 17, 2010, Susp.
January 2, 1976, Emerg; December 15,
1978, Reg; February 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
December 3, 1971, Emerg; December 15,
1978, Reg; February 17, 2010, Susp.
August 1, 1975, Emerg; August 1, 1979,
Reg; February 17, 2010, Susp.
January 14, 1976, Emerg; September 5,
1979, Reg; February 17, 2010, Susp.
February 18, 1975, Emerg; September 29,
1978, Reg; February 17, 2010, Susp.
January 14, 1972, Emerg; February 15,
1978, Reg; February 17, 2010, Susp.
November 1, 1976, Emerg; June 19, 1985,
Reg; February 17, 2010, Susp.
May 13, 1975, Emerg; April 3, 1984, Reg;
February 17, 2010, Susp.
July 22, 1975, Emerg; August 1, 1979, Reg;
February 17, 2010, Susp.
December 23, 1971, Emerg; June 1, 1977,
Reg; February 17, 2010, Susp.
N/A, Emerg; May 21, 1997, Reg; February
17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Fmt 4700
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05FER1
5893
Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations
Community
No.
State and location
Yoncalla, City of, Douglas County ........
410069
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
July 21, 1975, Emerg; August 21, 1978,
Reg; February 17, 2010, Susp.
......do ...............
Date certain federal assistance
no longer available in SFHAs
Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: January 27, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for
Mitigation, Department of Homeland
Security, Federal Emergency Management
Agency.
[FR Doc. 2010–2487 Filed 2–4–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8117]
Suspension of Community Eligibility
for Failure To Maintain Adequate
Floodplain Management Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
SUMMARY: FEMA is suspending one
community because of its failure to
maintain floodplain management
regulations meeting minimum
requirements under the National Flood
Insurance Program (NFIP). If
documentation is received from the
community before the effective
suspension date, indicating they have
brought their floodplain management
regulations into compliance with the
NFIP requirements, FEMA will
withdraw the suspension by publication
in the Federal Register on a subsequent
date.
DATES: Effective Dates: The effective
date of the community’s scheduled
suspension is the date listed in the
fourth column of the following table.
FOR FURTHER INFORMATION CONTACT:
David Stearrett, Mitigation Directorate,
1800 South Bell Street, Arlington, VA
20598–3072, (202) 646–2953.
SUPPLEMENTARY INFORMATION: The
National Flood Insurance Program
(NFIP) enables property owners to
purchase flood insurance that is
generally not otherwise available. In
return, communities agree to adopt and
implement local floodplain management
VerDate Nov<24>2008
14:20 Feb 04, 2010
Jkt 220001
regulations that contribute to protecting
lives and reducing the risk of property
damage from future flooding. Section
1315 of the National Flood Insurance
Act of 1968, as amended (42 U.S.C.
4022), prohibits flood insurance
coverage authorized under the National
Flood Insurance Program (42 U.S.C.
4001–4128) unless an appropriate
public body adopts adequate floodplain
management measures with effective
administration and enforcement
processes.
The community listed in this notice
no longer complies with the NFIP
requirements set forth at 44 CFR part 59
et seq. Under 44 CFR 59.24(d), a
community will be suspended from the
NFIP for failing to maintain adequate
floodplain management regulations.
Accordingly, FEMA is suspending the
City of Brentwood, Tennessee, (‘‘the
City’’) on the effective date in the fourth
column of the table. As of that date, the
purchase of new flood insurance
policies or the renewal of existing flood
insurance policies under the NFIP will
no longer be available.
FEMA will not suspend the City;
however, if the community submits the
documentation required under 44 CFR
59.24(d) to show that they have
corrected the deficiencies in their flood
damage prevention ordinance identified
in previous letters to the community to
the maximum extent possible. This
documentation must be received by
FEMA before the actual suspension
date. If the City successfully
demonstrates its compliance with NFIP
regulations, FEMA will continue its
eligibility for the sale of NFIP insurance.
FEMA will then publish in the Federal
Register a notice withdrawing the
suspension of the community. In the
interim, if you wish to determine
whether FEMA has suspended the City
on the suspension date, please contact
the FEMA Region IV office at (770) 220–
5414. Additional information may also
be found at https://www.fema.gov/plan/
prevent/floodplain/nfipkeywords/
suspension.shtm.
FEMA identified the special flood
hazard areas (SFHAs) in this community
by publishing a Flood Insurance Rate
Map. The effective date of this map is
indicated in the last column of the table.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
By law, no Federally regulated entity
may provide financial assistance for
acquisition or construction purposes for
property located in a SFHA unless the
community in which the property is
located is participating in the NFIP (42
U.S.C. 4106(a)). The prohibition against
certain types of Federal disaster
assistance also becomes effective for the
City of Brentwood, Tennessee, on the
date shown in the fourth column (42
U.S.C. 4106(b)).
The Administrator finds that notice
and public comment procedure under 5
U.S.C. 553(b) are impracticable and
unnecessary because the communities
listed in this final rule have been
adequately notified. FEMA addressed
these notifications to the Chief
Executive Officer of the City of
Brentwood indicating that we will
suspend the City unless they take the
required corrective actions and remedial
measures before the effective
suspension date. Because we have made
these notifications, 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 community 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
E:\FR\FM\05FER1.SGM
05FER1
]]>Agencies
[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Rules and Regulations]
[Pages 5890-5893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2487]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8115]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities, where the sale of flood
insurance has been authorized under the National Flood Insurance
Program (NFIP), that are scheduled for suspension on the effective
dates listed within this rule because of noncompliance with the
floodplain management requirements of the program. If the Federal
Emergency Management Agency (FEMA) receives documentation that the
community has adopted the required floodplain management measures prior
to the effective suspension date given in this rule, the suspension
will not occur and a notice of this will be provided by publication in
the Federal Register on a subsequent date.
DATES: Effective Dates: The effective date of each community's
scheduled suspension is the third date (``Susp.'') listed in the third
column of the following tables.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a
particular community was suspended on the suspension date or for
further information, contact David Stearrett, Mitigation Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472, (202) 646-2953.
SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase
flood insurance which is generally not otherwise available. In return,
communities agree to adopt and administer local floodplain management
aimed at protecting lives and new construction from future flooding.
Section 1315 of the National Flood Insurance Act of 1968, as amended,
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body
adopts adequate floodplain management measures with effective
enforcement measures. The communities listed in this document no longer
meet that statutory requirement for compliance with program
regulations, 44 CFR part 59. Accordingly, the communities will be
suspended on the effective date in the third column. As of that date,
flood insurance will no longer be available in the community. However,
some of these communities may adopt and submit the required
documentation of legally enforceable floodplain management measures
after this rule is published but prior to the actual suspension date.
These communities will not be suspended and will continue their
eligibility for the sale of insurance. A notice withdrawing the
suspension of the communities will be published in the Federal
Register.
In addition, FEMA has identified the Special Flood Hazard Areas
(SFHAs) in these communities by publishing a Flood Insurance Rate Map
(FIRM). The date of the FIRM, if one has been published, is indicated
in the fourth column of the table. No direct Federal financial
assistance (except assistance pursuant to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act not in connection with a
flood) may legally be provided for construction or acquisition of
buildings in identified SFHAs for communities not participating in the
NFIP and identified for more than a year, on FEMA's initial flood
insurance map of the community as having flood-prone areas (section
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a),
as amended). This prohibition against certain types of Federal
assistance becomes effective for the communities listed on the date
shown in the last column. The Administrator finds that notice and
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary
because communities listed in this final rule have been adequately
notified.
Each community receives 6-month, 90-day, and 30-day notification
letters addressed to the Chief Executive Officer stating that the
community will be suspended unless the required floodplain management
measures are met prior to the effective suspension date. Since these
notifications were made, this final rule may take effect within less
than 30 days.
National Environmental Policy Act. This rule is categorically
excluded from the requirements of 44 CFR part 10, Environmental
Considerations. No environmental impact assessment has been prepared.
Regulatory Flexibility Act. The Administrator has determined that
this rule is exempt from the requirements of the Regulatory Flexibility
Act because the National Flood Insurance Act of 1968, as amended, 42
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate
public body adopts adequate floodplain management measures with
effective enforcement measures. The communities listed no longer comply
with the statutory requirements, and after the effective date, flood
insurance will no longer be available in the communities unless
remedial action takes place.
Regulatory Classification. This final rule is not a significant
regulatory action under the criteria of section 3(f) of Executive Order
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR
51735.
[[Page 5891]]
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.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
0
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED]
0
1. The authority citation for part 64 continues to read as follows:
Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of
1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp.; p. 376.
Sec. 64.6 [Amended]
0
2. The tables published under the authority of Sec. 64.6 are amended
as follows:
----------------------------------------------------------------------------------------------------------------
Effective date
authorization/
Community cancellation of Current effective map Date certain federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region IV ............ .................. ......................
Alabama:
Cherokee, City of, Colbert 010208 January 17, 1974, Apr. 17, 2010......... Apr. 17, 2010.
County. Emerg; September
28, 1979, Reg;
February 17,
2010, Susp.
Colbert County, 010318 July 9, 1981, ......do*............. Do.
Unincorporated Areas. Emerg; July 9,
1981, Reg;
February 17,
2010, Susp.
Dallas County, 010063 April 11, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1986, Reg;
February 17,
2010, Susp.
Leighton, City of, Colbert 010046 January 17, 1974, ......do.............. Do.
County. Emerg; August 19,
1985, Reg;
February 17,
2010, Susp.
Littleville, Town of, 010330 October 25, 1977, ......do.............. Do.
Colbert County. Emerg; November
24, 1978, Reg;
February 17,
2010, Susp.
Muscle Shoals, City of, 010047 January 30, 1974, ......do.............. Do.
Colbert County. Emerg; December
15, 1977, Reg;
February 17,
2010, Susp.
Selma, City of, Dallas 010065 May 7, 1974, ......do.............. Do.
County. Emerg; March 4,
1986, Reg;
February 17,
2010, Susp.
Sheffield, City of, 010048 January 10, 1974, ......do.............. Do.
Colbert County. Emerg; December
15, 1977, Reg;
February 17,
2010, Susp.
Tuscumbia, City of, 010049 November 27, 1973, ......do.............. Do.
Colbert County. Emerg; December
1, 1977, Reg;
February 17,
2010, Susp.
Valley Grande, City of, 010312 N/A, Emerg; June ......do.............. Do.
Dallas County. 8, 2004, Reg;
February 17,
2010, Susp.
Kentucky:
Clay City, City of, Powell 210195 March 22, 1976, ......do.............. Do.
County. Emerg; September
6, 1989, Reg;
February 17,
2010, Susp.
Powell County, 210194 November 1, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1985, Reg;
February 17,
2010, Susp.
Springfield, City of, 210220 June 4, 1975, ......do.............. Do.
Washington County. Emerg; July 17,
1986, Reg;
February 17,
2010, Susp.
Stanton, City of, Powell 210196 July 7, 1975, ......do.............. Do.
County. Emerg; January
16, 1987, Reg;
February 17,
2010, Susp.
Mississippi:
Oktibbeha County, 280277 April 23, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; June 19,
1989, Reg;
February 17,
2010, Susp.
Starkville, City of, 280124 December 10, 1974, ......do.............. Do.
Oktibbeha County. Emerg; February
18, 1981, Reg;
February 17,
2010, Susp.
Region V ............ .................. ......................
Michigan:
Augusta, Village of, 260312 May 20, 1975, ......do.............. Do.
Kalamazoo County. Emerg; March 15,
1982, Reg;
February 17,
2010, Susp.
Comstock, Township of, 260427 January 18, 1977, ......do.............. Do.
Kalamazoo County. Emerg; November
17, 1982, Reg;
February 17,
2010, Susp.
Cooper, Township of, 260428 May 6, 1977, ......do.............. Do.
Kalamazoo County. Emerg; September
28, 1979, Reg;
February 17,
2010, Susp.
Kalamazoo, City of, 260315 December 26, 1974, ......do.............. Do.
Kalamazoo County. Emerg; May 1,
1985, Reg;
February 17,
2010, Susp.
Oshtemo, Charter Township 260736 May 12, 1983, ......do.............. Do.
of, Kalamazoo County. Emerg; May 25,
1984, Reg;
February 17,
2010, Susp.
Portage, City of, 260577 May 20, 1976, ......do.............. Do.
Kalamazoo County. Emerg; May 16,
1983, Reg;
February 17,
2010, Susp.
Richland, Township of, 260885 March 31, 1992, ......do.............. Do.
Kalamazoo County. Emerg; May 19,
1992, Reg;
February 17,
2010, Susp.
Ross, Township of, 260624 July 24, 1975, ......do.............. Do.
Kalamazoo County. Emerg; March 15,
1982, Reg;
February 17,
2010, Susp.
Vicksburg, Village of, 260578 November 10, 1976, ......do.............. Do.
Kalamazoo County. Emerg; July 2,
1987, Reg;
February 17,
2010, Susp.
Ohio:
[[Page 5892]]
Cincinnati, City of, 390210 June 27, 1973, ......do.............. Do.
Hamilton County. Emerg; October
15, 1982, Reg;
February 17,
2010, Susp.
Greenhills, Village of, 390219 May 6, 1975, ......do.............. Do.
Hamilton County. Emerg; September
1, 1993, Reg;
February 17,
2010, Susp.
Milford, City of, 390227 April 15, 1975, ......do.............. Do.
Hamilton, Clermont Emerg; January
Counties. 16, 1981, Reg;
February 17,
2010, Susp.
North Hampton, Village of, 390679 July 3, 1978, ......do.............. Do.
Clark County. Emerg; September
24, 1984, Reg;
February 17,
2010, Susp.
Wisconsin:
Biron, Village of, Wood 555545 April 2, 1971, ......do.............. Do.
County. Emerg; May 25,
1973, Reg;
February 17,
2010, Susp.
Marshfield, City of, Wood, 550515 February 18, 1975, ......do.............. Do.
Marathon Counties. Emerg; October 6,
2009, Reg;
February 17,
2010, Susp.
Nekoosa, City of, Wood 550516 May 16, 1975, ......do.............. Do.
County. Emerg; July 16,
1987, Reg;
February 17,
2010, Susp.
Pittsville, City of, Wood 550517 March 10, 1975, ......do.............. Do.
County. Emerg; November
6, 1991, Reg;
February 17,
2010, Susp.
Port Edwards, Village of, 555572 July 2, 1971, ......do.............. Do.
Wood County. Emerg; April 13,
1973, Reg;
February 17,
2010, Susp.
Region VI
New Mexico:
Gallup, City of, McKinley 350042 August 6, 1973, ......do.............. Do.
County. Emerg; March 1,
1978, Reg;
February 17,
2010, Susp.
McKinley County, 350039 May 9, 2007, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
February 17,
2010, Susp.
Zuni, Pueblo of, McKinley, 350143 December 21, 1978, ......do.............. Do.
Cibola, Catron Counties. Emerg; September
4, 1987, Reg;
February 17,
2010, Susp.
Texas:
Copperas Cove, City of, 480155 July 3, 1975, ......do.............. Do.
Coryell, Bell, Lampasas Emerg; November
Counties. 21, 1978, Reg;
February 17,
2010, Susp.
Gatesville, City of, 480156 December 18, 1974, ......do.............. Do.
Coryell County. Emerg; September
30, 1981, Reg;
February 17,
2010, Susp.
McGregor, City of, Coryell 480459 April 7, 1975, ......do.............. Do.
County. Emerg; February
1, 1979, Reg;
February 17,
2010, Susp.
Oglesby, City of, Coryell 480769 February 5, 2001, ......do.............. Do.
County. Emerg; November
1, 2007, Reg;
February 17,
2010, Susp.
Region VIII
Wyoming:
Bear River, Town of, Uinta 560103 N/A, Emerg; ......do.............. Do.
County. October 12, 2001,
Reg; February 17,
2010, Susp.
Evanston, City of, Uinta 560054 March 23, 1977, ......do.............. Do.
County. Emerg; January
15, 1988, Reg;
February 17,
2010, Susp.
Mountain View, Town of, 560092 August 25, 1977, ......do.............. Do.
Uinta County. Emerg; July 4,
1989, Reg;
February 17,
2010, Susp.
Uinta County, 560053 January 2, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; December
15, 1978, Reg;
February 17,
2010, Susp.
Region X
Oregon:
Douglas County, 410059 December 3, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; December
15, 1978, Reg;
February 17,
2010, Susp.
Drain, City of, Douglas 410061 August 1, 1975, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
February 17,
2010, Susp.
Elkton, City of, Douglas 410062 January 14, 1976, ......do.............. Do.
County. Emerg; September
5, 1979, Reg;
February 17,
2010, Susp.
Glendale, City of, Douglas 410063 February 18, 1975, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
February 17,
2010, Susp.
Myrtle Creek, City of, 410064 January 14, 1972, ......do.............. Do.
Douglas County. Emerg; February
15, 1978, Reg;
February 17,
2010, Susp.
Oakland, City of, Douglas 410271 November 1, 1976, ......do.............. Do.
County. Emerg; June 19,
1985, Reg;
February 17,
2010, Susp.
Reedsport, City of, 410065 May 13, 1975, ......do.............. Do.
Douglas County. Emerg; April 3,
1984, Reg;
February 17,
2010, Susp.
Riddle, City of, Douglas 410066 July 22, 1975, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
February 17,
2010, Susp.
Roseburg, City of, Douglas 410067 December 23, 1971, ......do.............. Do.
County. Emerg; June 1,
1977, Reg;
February 17,
2010, Susp.
Sutherlin, City of, 410275 N/A, Emerg; May ......do.............. Do.
Douglas County. 21, 1997, Reg;
February 17,
2010, Susp.
[[Page 5893]]
Yoncalla, City of, Douglas 410069 July 21, 1975, ......do.............. Do.
County. Emerg; August 21,
1978, Reg;
February 17,
2010, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 27, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2010-2487 Filed 2-4-10; 8:45 am]
BILLING CODE 9110-12-P
