Suspension of Community Eligibility, 35666-35670 [2010-15228]
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35666
Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney General’s
Supplemental Guidelines for the
Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action nevertheless will be effective 60
days after it is published in the Federal
Register because it is an immediate final
rule.
jlentini on DSKJ8SOYB1PROD with RULES
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006 and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
VerDate Mar<15>2010
16:08 Jun 22, 2010
Jkt 220001
Dated: June 8, 2010.
Ira W. Leighton,
Acting Regional Administrator, EPA New
England.
[FR Doc. 2010–15255 Filed 6–22–10; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8135]
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
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
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
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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations
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.
Community
No.
State and location
Region I
Massachusetts:
Aquinnah, Town of, Dukes County .......
250070
Edgartown, Town of, Dukes County .....
250069
Gosnold, Town of, Dukes County .........
250071
Oak Bluffs, Town of, Dukes County ......
250072
Tisbury, Town of, Dukes County ...........
250073
West Tisbury, Town of, Dukes County
250074
Region II
New Jersey:
Carteret, Borough of, Middlesex County
340257
340258
Helmetta, Borough of, Middlesex County.
Highland Park, Borough of, Middlesex
County.
Jamesburg, Borough of, Middlesex
County.
Metuchen, Borough of, Middlesex
County.
Middlesex, Borough of, Middlesex
County.
Milltown, Borough of, Middlesex County
jlentini on DSKJ8SOYB1PROD with RULES
Cranbury, Township of, Middlesex
County.
Dunellen, Borough of, Middlesex County.
East Brunswick, Township of, Middlesex County.
Edison, Township of, Middlesex County
340262
Monroe, Township of, Middlesex County.
New Brunswick, City of, Middlesex
County.
North Brunswick, Township of, Middlesex County.
Old Bridge, Township of, Middlesex
County.
Perth Amboy, City of, Middlesex County
VerDate Mar<15>2010
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340259
340260
340261
340263
340264
340266
345305
340268
340269
340270
340271
340265
340272
Frm 00063
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
■
PART 64—[AMENDED]
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.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
September 7, 1976, Emerg; October 15,
1985, Reg; July 6, 2010, Susp.
July 7, 1975, Emerg; July 2, 1980, Reg;
July 6, 2010, Susp.
September 29, 1977, Emerg; June 4, 1980,
Reg; July 6, 2010, Susp.
February 6, 1974, Emerg; July 2, 1980,
Reg; July 6, 2010, Susp.
June 20, 1975, Emerg; June 15, 1984, Reg;
July 6, 2010, Susp.
March 29, 1978, Emerg; October 15, 1985,
Reg; July 6, 2010, Susp.
July 6, 2010 ......
July 6, 2010.
......do* ..............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 4, 1973, Emerg; November 15, 1978,
Reg; July 6, 2010, Susp.
June 12, 1975, Emerg; May 17, 1982, Reg;
July 6, 2010, Susp.
December 22, 1972, Emerg; April 1, 1977,
Reg; July 6, 2010, Susp.
September 15, 1972, Emerg; January 6,
1982, Reg; July 6, 2010, Susp.
October 6, 1972, Emerg; August 16, 1982,
Reg; July 6, 2010, Susp.
February 18, 1975, Emerg; October 16,
1984, Reg; July 6, 2010, Susp.
April 7, 1972, Emerg; June 1, 1977, Reg;
July 6, 2010, Susp.
October 28, 1975, Emerg; May 15, 1984,
Reg; July 6, 2010, Susp.
January 14, 1972, Emerg; December 4,
1979, Reg; July 6, 2010, Susp.
September 25, 1970, Emerg; July 9, 1971,
Reg; July 6, 2010, Susp.
February 1, 1974, Emerg; February 4,
1981, Reg; July 6, 2010, Susp.
February 25, 1973, Emerg; April 17, 1985,
Reg; July 6, 2010, Susp.
September 15, 1972, Emerg; December 4,
1979, Reg; July 6, 2010, Susp.
May 13, 1974, Emerg; May 1, 1980, Reg;
July 6, 2010, Susp.
August 13, 1971, Emerg; November 15,
1985, Reg; July 6, 2010, Susp.
June 25, 1975, Emerg; December 18, 1979,
Reg; July 6, 2010, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
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Do.
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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations
Community
No.
State and location
Piscataway, Township of, Middlesex
County.
Plainsboro, Township of, Middlesex
County.
Sayreville, Borough of, Middlesex
County.
South Amboy, City of, Middlesex County.
South Brunswick, Township of, Middlesex County.
South Plainfield, Borough of, Middlesex
County.
South River, Borough of, Middlesex
County.
Spotswood, Borough of, Middlesex
County.
Woodbridge, Township of, Middlesex
County.
340274
340275
340276
340277
340278
340279
340280
340282
345331
Region III
West Virginia:
Davis, Town of, Tucker County .............
540260
Hambleton, Town of, Tucker County ....
540192
Hendricks, Town of, Tucker County ......
540193
Parsons, City of, Tucker County ...........
540194
Thomas, City of, Tucker County ...........
540261
Tucker County, Unincorporated Areas ..
540191
Region IV
Georgia:
Elberton, City of, Elbert County .............
130077
Lincoln County, Unincorporated Areas
130665
Mississippi:
Tylertown, Town of, Walthall County ....
280175
280307
Region V
Ohio:
Green Camp, Village of, Marion County
390374
La Rue, Village of, Marion County ........
390375
Marion County, Unincorporated Areas ..
390774
Frazeysburg, Village of, Muskingum
County.
Muskingum County, Unincorporated
Areas.
Philo, Village of, Muskingum County ....
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Walthall County, Unincorporated Areas
390426
390425
390851
Wisconsin: Clark County, Unincorporated
Areas.
Colby, City of, Clark and Marathon
Counties.
Greenwood, City of, Clark County ........
550049
Loyal, City of, Clark County ..................
550052
Neillsville, City of, Clark County ............
550053
VerDate Mar<15>2010
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550048
550051
Frm 00064
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
December 27, 1974, Emerg; January 18,
1984, Reg; July 6, 2010, Susp.
April 14, 1975, Emerg; June 19, 1985, Reg;
July 6, 2010, Susp.
January 21, 1974, Emerg; March 16, 1981,
Reg; July 6, 2010, Susp.
September 27, 1974, Emerg; December 4,
1979, Reg; July 6, 2010, Susp.
June 19, 1974, Emerg; December 18, 1985,
Reg; July 6, 2010, Susp.
September 4, 1973, Emerg; August 1,
1980, Reg; July 6, 2010, Susp.
June 18, 1974, Emerg; June 4, 1980, Reg;
July 6, 2010, Susp.
October 31, 1973, Emerg; December 18,
1979, Reg; July 6, 2010, Susp.
September 25, 1970, Emerg; June 2, 1972,
Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 18, 1975, Emerg; July 20, 1984, Reg;
July 6, 2010, Susp.
July 2, 1975, Emerg; July 20, 1984, Reg;
July 6, 2010, Susp.
August 7, 1975, Emerg; August 1, 1987,
Reg; July 6, 2010, Susp.
April 17, 1975, Emerg; August 15, 1979,
Reg; July 6, 2010, Susp.
October 16, 1975, Emerg; September 10,
1984, Reg; July 6, 2010, Susp.
December 23, 1975, Emerg; July 1, 1987,
Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 22, 1975, Emerg; April 15, 1986, Reg;
July 6, 2010, Susp.
July 15, 2008, Emerg; July 6, 2010, Reg;
July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
February 27, 1975, Emerg; September 30,
1988, Reg; July 6, 2010, Susp.
May 20, 1980, Emerg; August 1, 1986,
Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
August 1, 1975, Emerg; February 4, 1987,
Reg; July 6, 2010, Susp.
March 21, 1975, Emerg; February 4, 1987,
Reg; July 6, 2010, Susp.
February 28, 1977, Emerg; February 4,
1987, Reg; July 6, 2010, Susp.
N/A, Emerg; February 9, 2005, Reg; July 6,
2010, Susp.
April 28, 1976, Emerg; June 3, 1988, Reg;
July 6, 2010, Susp.
N/A, Emerg; December 29, 2005, Reg; July
6, 2010, Susp.
June 25, 1974, Emerg; August 15, 1990,
Reg; July 6, 2010, Susp.
November 29, 1974, Emerg; September 18,
1985, Reg; July 6, 2010, Susp.
November 11, 1974, Emerg; September 4,
1985, Reg; July 6, 2010, Susp.
August 22, 1974, Emerg; September 4,
1985, Reg; July 6, 2010, Susp.
January 30, 1974, Emerg; July 17, 1978,
Reg; July 6, 2010, Susp.
......do ...............
Do.
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Do.
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Do.
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Do.
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Do.
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Do.
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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations
Community
No.
State and location
Owen, City of, Clark County ..................
550054
Thorp, City of, Clark County ..................
550055
Region VI
Arkansas:
Crittenden
County,
Unincorporated
Areas.
Earle, City of, Crittenden County ..........
050429
050054
Edmondson, Town of, Crittenden County.
Horseshoe Lake, Town of, Crittenden
County.
Marion, City of, Crittenden County ........
050409
055057
Turrell, City of, Crittenden County .........
050370
West Memphis, City of, Crittenden
County.
050055
Region VII
Kansas:
Manhattan, City of, Pottawatomie and
Riley Counties.
Riley County, Unincorporated Areas .....
200300
050345
200298
Region VIII
Colorado:
Collbran, Town of, Mesa County ...........
080116
De Beque, Town of, Mesa County ........
080307
Fruita, City of, Mesa County .................
080194
Grand Junction, City of, Mesa County ..
080117
Mesa County, Unincorporated Areas ....
080115
Palisade, Town of, Mesa County ..........
080198
North Dakota:
Dunseith, City of, Rolette County ..........
380103
St. John, City of, Rolette County ...........
380106
Turtle Mountain Band of Chippewa Indian Reservation, Rolette County.
South Dakota:
Mission Hill, Town of, Yankton County
380714
Yankton, City of, Yankton County .........
460093
Yankton County, Unincorporated Areas
460088
460091
530175
Deer Park, City of, Spokane County .....
jlentini on DSKJ8SOYB1PROD with RULES
Region X
Washington:
Cheney, City of, Spokane County .........
530176
Fairfield, Town of, Spokane County ......
530177
Medical Lake, City of, Spokane County
530179
Millwood, City of, Spokane County .......
530180
Rockford, Town of, Spokane County ....
530181
VerDate Mar<15>2010
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Frm 00065
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
November 20, 1974, Emerg; July 6, 2010,
Reg; July 6, 2010, Susp.
May 9, 1975, Emerg; August 15, 1984,
Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
May 18, 1983, Emerg; November 1, 1985,
Reg; July 6, 2010, Susp.
June 20, 1974, Emerg; January 3, 1986,
Reg; July 6, 2010, Susp.
November 8, 1976, Emerg; March 18,
1986, Reg; July 6, 2010, Susp.
N/A, Emerg; January 18, 2006, Reg; July 6,
2010, Susp.
July 9, 1975, Emerg; September 1, 1987,
Reg; July 6, 2010, Susp.
July 9, 1976, Emerg; February 1, 1988,
Reg; July 6, 2010, Susp.
June 6, 1974, Emerg; July 16, 1980, Reg;
July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
January 30, 1974, Emerg; April 1, 1982,
Reg; July 6, 2010, Susp.
June 23, 1975, Emerg; April 1, 1982, Reg;
July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
August 12, 1975, Emerg; April 15, 1982,
Reg; July 6, 2010, Susp.
January 25, 1985, Emerg; April 17, 1989,
Reg; July 6, 2010, Susp.
June 5, 1975, Emerg; December 1, 1981,
Reg; July 6, 2010, Susp.
October 13, 1978, Emerg; January 6, 1983,
Reg; July 6, 2010, Susp.
July 26, 1973, Emerg; July 3, 1978, Reg;
July 6, 2010, Susp.
September 27, 1982, Emerg; February 5,
1986, Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
June 2, 1975, Emerg; February 19, 1986,
Reg; July 6, 2010, Susp.
July 2, 1975, Emerg; October 1, 1986, Reg;
July 6, 2010, Susp.
March 29, 1999, Emerg; July 6, 2010, Reg;
July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
November 28, 1975, Emerg; June 18, 1980,
Reg; July 6, 2010, Susp.
August 22, 1974, Emerg; August 15, 1980,
Reg; July 6, 2010, Susp.
May 16, 1975, Emerg; October 1, 1986,
Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 1, 1975, Emerg; November 6, 1979,
Reg; July 6, 2010, Susp.
July 3, 1975, Emerg; December 26, 1979,
Reg; July 6, 2010, Susp.
November 17, 1975, Emerg; October 16,
1979, Reg; July 6, 2010, Susp.
July 2, 1975, Emerg; November 8, 1984,
Reg; July 6, 2010, Susp.
March 3, 1975, Emerg; June 15, 1979,
Reg; July 6, 2010, Susp.
March 15, 1976, Emerg; October 2, 1979,
Reg; July 6, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
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Do.
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Do.
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Do.
......do ...............
Do.
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Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Rules and Regulations
Community
No.
State and location
Spokane, City of, Spokane County .......
530183
Spokane Valley, City of, Spokane
County.
Spokane County, Unincorporated Areas
530342
*......do
and Do. = Ditto.
Code for reading third column:
Emerg.—Emergency; Reg.—Regular;
Susp.—Suspension.
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
44 CFR Part 65
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–B–1129]
Changes in Flood Elevation
Determinations
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Interim rule.
jlentini on DSKJ8SOYB1PROD with RULES
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
The
modified BFEs are not listed for each
community in this interim rule.
However, the address of the Chief
Executive Officer of the community
where the modified BFE determinations
are available for inspection is provided.
Any request for reconsideration must
be based on knowledge of changed
conditions or new scientific or technical
data.
The modifications are made pursuant
to section 201 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
SUPPLEMENTARY INFORMATION:
Federal Emergency Management
Agency
SUMMARY: This interim rule lists
communities where modification of the
Base (1% annual-chance) Flood
Elevations (BFEs) is appropriate because
of new scientific or technical data. New
flood insurance premium rates will be
calculated from the modified BFEs for
new buildings and their contents.
DATES: These modified BFEs are
currently in effect on the dates listed in
the table below and revise the Flood
Insurance Rate Maps (FIRMs) in effect
prior to this determination for the listed
communities.
From the date of the second
publication of these changes in a
newspaper of local circulation, any
person has ninety (90) days in which to
request through the community that the
Deputy Federal Insurance and
Mitigation Administrator reconsider the
changes. The modified BFEs may be
changed during the 90-day period.
Jkt 220001
October 25, 1973, Emerg; August 1, 1980,
Reg; July 6, 2010, Susp.
N/A, Emerg; April 1, 2004, Reg; July 6,
2010, Susp.
May 30, 1975, Emerg; May 17, 1988, Reg;
July 6, 2010, Susp.
The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT:
Kevin C. Long, Acting Chief,
Engineering Management Branch,
Mitigation Directorate, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–2820, or (e-mail)
kevin.long@dhs.gov.
[FR Doc. 2010–15228 Filed 6–22–10; 8:45 am]
16:08 Jun 22, 2010
Current effective
map date
ADDRESSES:
Dated: June 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
VerDate Mar<15>2010
530174
PO 00000
Frm 00066
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Fmt 4700
Sfmt 4700
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities. The
changes in BFEs are in accordance with
44 CFR 65.4.
National Environmental Policy Act.
This interim rule is categorically
excluded from the requirements of 44
CFR part 10, Environmental
Consideration. An environmental
impact assessment has not been
prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
Regulatory Classification. This
interim 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 interim rule involves no policies
that have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This interim rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
■ Accordingly, 44 CFR part 65 is
amended to read as follows:
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
E:\FR\FM\23JNR1.SGM
23JNR1
Agencies
[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35666-35670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15228]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8135]
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
[[Page 35667]]
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.
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 I
Massachusetts:
Aquinnah, Town of, Dukes 250070 September 7, July 6, 2010.......... July 6, 2010.
County. 1976, Emerg;
October 15,
1985, Reg; July
6, 2010, Susp.
Edgartown, Town of, Dukes 250069 July 7, 1975, ......do*............. Do.
County. Emerg; July 2,
1980, Reg; July
6, 2010, Susp.
Gosnold, Town of, Dukes 250071 September 29, ......do.............. Do.
County. 1977, Emerg;
June 4, 1980,
Reg; July 6,
2010, Susp.
Oak Bluffs, Town of, Dukes 250072 February 6, 1974, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; July
6, 2010, Susp.
Tisbury, Town of, Dukes 250073 June 20, 1975, ......do.............. Do.
County. Emerg; June 15,
1984, Reg; July
6, 2010, Susp.
West Tisbury, Town of, 250074 March 29, 1978, ......do.............. Do.
Dukes County. Emerg; October
15, 1985, Reg;
July 6, 2010,
Susp.
Region II
New Jersey:
Carteret, Borough of, 340257 April 4, 1973, ......do.............. Do.
Middlesex County. Emerg; November
15, 1978, Reg;
July 6, 2010,
Susp.
Cranbury, Township of, 340258 June 12, 1975, ......do.............. Do.
Middlesex County. Emerg; May 17,
1982, Reg; July
6, 2010, Susp.
Dunellen, Borough of, 340259 December 22, ......do.............. Do.
Middlesex County. 1972, Emerg;
April 1, 1977,
Reg; July 6,
2010, Susp.
East Brunswick, Township 340260 September 15, ......do.............. Do.
of, Middlesex County. 1972, Emerg;
January 6, 1982,
Reg; July 6,
2010, Susp.
Edison, Township of, 340261 October 6, 1972, ......do.............. Do.
Middlesex County. Emerg; August
16, 1982, Reg;
July 6, 2010,
Susp.
Helmetta, Borough of, 340262 February 18, ......do.............. Do.
Middlesex County. 1975, Emerg;
October 16,
1984, Reg; July
6, 2010, Susp.
Highland Park, Borough of, 340263 April 7, 1972, ......do.............. Do.
Middlesex County. Emerg; June 1,
1977, Reg; July
6, 2010, Susp.
Jamesburg, Borough of, 340264 October 28, 1975, ......do.............. Do.
Middlesex County. Emerg; May 15,
1984, Reg; July
6, 2010, Susp.
Metuchen, Borough of, 340266 January 14, 1972, ......do.............. Do.
Middlesex County. Emerg; December
4, 1979, Reg;
July 6, 2010,
Susp.
Middlesex, Borough of, 345305 September 25, ......do.............. Do.
Middlesex County. 1970, Emerg;
July 9, 1971,
Reg; July 6,
2010, Susp.
Milltown, Borough of, 340268 February 1, 1974, ......do.............. Do.
Middlesex County. Emerg; February
4, 1981, Reg;
July 6, 2010,
Susp.
Monroe, Township of, 340269 February 25, ......do.............. Do.
Middlesex County. 1973, Emerg;
April 17, 1985,
Reg; July 6,
2010, Susp.
New Brunswick, City of, 340270 September 15, ......do.............. Do.
Middlesex County. 1972, Emerg;
December 4,
1979, Reg; July
6, 2010, Susp.
North Brunswick, Township 340271 May 13, 1974, ......do.............. Do.
of, Middlesex County. Emerg; May 1,
1980, Reg; July
6, 2010, Susp.
Old Bridge, Township of, 340265 August 13, 1971, ......do.............. Do.
Middlesex County. Emerg; November
15, 1985, Reg;
July 6, 2010,
Susp.
Perth Amboy, City of, 340272 June 25, 1975, ......do.............. Do.
Middlesex County. Emerg; December
18, 1979, Reg;
July 6, 2010,
Susp.
[[Page 35668]]
Piscataway, Township of, 340274 December 27, ......do.............. Do.
Middlesex County. 1974, Emerg;
January 18,
1984, Reg; July
6, 2010, Susp.
Plainsboro, Township of, 340275 April 14, 1975, ......do.............. Do.
Middlesex County. Emerg; June 19,
1985, Reg; July
6, 2010, Susp.
Sayreville, Borough of, 340276 January 21, 1974, ......do.............. Do.
Middlesex County. Emerg; March 16,
1981, Reg; July
6, 2010, Susp.
South Amboy, City of, 340277 September 27, ......do.............. Do.
Middlesex County. 1974, Emerg;
December 4,
1979, Reg; July
6, 2010, Susp.
South Brunswick, Township 340278 June 19, 1974, ......do.............. Do.
of, Middlesex County. Emerg; December
18, 1985, Reg;
July 6, 2010,
Susp.
South Plainfield, Borough 340279 September 4, ......do.............. Do.
of, Middlesex County. 1973, Emerg;
August 1, 1980,
Reg; July 6,
2010, Susp.
South River, Borough of, 340280 June 18, 1974, ......do.............. Do.
Middlesex County. Emerg; June 4,
1980, Reg; July
6, 2010, Susp.
Spotswood, Borough of, 340282 October 31, 1973, ......do.............. Do.
Middlesex County. Emerg; December
18, 1979, Reg;
July 6, 2010,
Susp.
Woodbridge, Township of, 345331 September 25, ......do.............. Do.
Middlesex County. 1970, Emerg;
June 2, 1972,
Reg; July 6,
2010, Susp.
Region III
West Virginia:
Davis, Town of, Tucker 540260 April 18, 1975, ......do.............. Do.
County. Emerg; July 20,
1984, Reg; July
6, 2010, Susp.
Hambleton, Town of, Tucker 540192 July 2, 1975, ......do.............. Do.
County. Emerg; July 20,
1984, Reg; July
6, 2010, Susp.
Hendricks, Town of, Tucker 540193 August 7, 1975, ......do.............. Do.
County. Emerg; August 1,
1987, Reg; July
6, 2010, Susp.
Parsons, City of, Tucker 540194 April 17, 1975, ......do.............. Do.
County. Emerg; August
15, 1979, Reg;
July 6, 2010,
Susp.
Thomas, City of, Tucker 540261 October 16, 1975, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
July 6, 2010,
Susp.
Tucker County, 540191 December 23, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
July 1, 1987,
Reg; July 6,
2010, Susp.
Region IV
Georgia:
Elberton, City of, Elbert 130077 April 22, 1975, ......do.............. Do.
County. Emerg; April 15,
1986, Reg; July
6, 2010, Susp.
Lincoln County, 130665 July 15, 2008, ......do.............. Do.
Unincorporated Areas. Emerg; July 6,
2010, Reg; July
6, 2010, Susp.
Mississippi:
Tylertown, Town of, 280175 February 27, ......do.............. Do.
Walthall County. 1975, Emerg;
September 30,
1988, Reg; July
6, 2010, Susp.
Walthall County, 280307 May 20, 1980, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1986, Reg; July
6, 2010, Susp.
Region V
Ohio:
Green Camp, Village of, 390374 August 1, 1975, ......do.............. Do.
Marion County. Emerg; February
4, 1987, Reg;
July 6, 2010,
Susp.
La Rue, Village of, Marion 390375 March 21, 1975, ......do.............. Do.
County. Emerg; February
4, 1987, Reg;
July 6, 2010,
Susp.
Marion County, 390774 February 28, ......do.............. Do.
Unincorporated Areas. 1977, Emerg;
February 4,
1987, Reg; July
6, 2010, Susp.
Frazeysburg, Village of, 390426 N/A, Emerg; ......do.............. Do.
Muskingum County. February 9,
2005, Reg; July
6, 2010, Susp.
Muskingum County, 390425 April 28, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; June 3,
1988, Reg; July
6, 2010, Susp.
Philo, Village of, 390851 N/A, Emerg; ......do.............. Do.
Muskingum County. December 29,
2005, Reg; July
6, 2010, Susp.
Wisconsin: Clark County, 550048 June 25, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; August
15, 1990, Reg;
July 6, 2010,
Susp.
Colby, City of, Clark and 550049 November 29, ......do.............. Do.
Marathon Counties. 1974, Emerg;
September 18,
1985, Reg; July
6, 2010, Susp.
Greenwood, City of, Clark 550051 November 11, ......do.............. Do.
County. 1974, Emerg;
September 4,
1985, Reg; July
6, 2010, Susp.
Loyal, City of, Clark 550052 August 22, 1974, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
July 6, 2010,
Susp.
Neillsville, City of, Clark 550053 January 30, 1974, ......do.............. Do.
County. Emerg; July 17,
1978, Reg; July
6, 2010, Susp.
[[Page 35669]]
Owen, City of, Clark County 550054 November 20, ......do.............. Do.
1974, Emerg;
July 6, 2010,
Reg; July 6,
2010, Susp.
Thorp, City of, Clark 550055 May 9, 1975, ......do.............. Do.
County. Emerg; August
15, 1984, Reg;
July 6, 2010,
Susp.
Region VI
Arkansas:
Crittenden County, 050429 May 18, 1983, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1985, Reg;
July 6, 2010,
Susp.
Earle, City of, Crittenden 050054 June 20, 1974, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
July 6, 2010,
Susp.
Edmondson, Town of, 050409 November 8, 1976, ......do.............. Do.
Crittenden County. Emerg; March 18,
1986, Reg; July
6, 2010, Susp.
Horseshoe Lake, Town of, 055057 N/A, Emerg; ......do.............. Do.
Crittenden County. January 18,
2006, Reg; July
6, 2010, Susp.
Marion, City of, Crittenden 050345 July 9, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
July 6, 2010,
Susp.
Turrell, City of, 050370 July 9, 1976, ......do.............. Do.
Crittenden County. Emerg; February
1, 1988, Reg;
July 6, 2010,
Susp.
West Memphis, City of, 050055 June 6, 1974, ......do.............. Do.
Crittenden County. Emerg; July 16,
1980, Reg; July
6, 2010, Susp.
Region VII
Kansas:
Manhattan, City of, 200300 January 30, 1974, ......do.............. Do.
Pottawatomie and Riley Emerg; April 1,
Counties. 1982, Reg; July
6, 2010, Susp.
Riley County, 200298 June 23, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1982, Reg; July
6, 2010, Susp.
Region VIII
Colorado:
Collbran, Town of, Mesa 080116 August 12, 1975, ......do.............. Do.
County. Emerg; April 15,
1982, Reg; July
6, 2010, Susp.
De Beque, Town of, Mesa 080307 January 25, 1985, ......do.............. Do.
County. Emerg; April 17,
1989, Reg; July
6, 2010, Susp.
Fruita, City of, Mesa 080194 June 5, 1975, ......do.............. Do.
County. Emerg; December
1, 1981, Reg;
July 6, 2010,
Susp.
Grand Junction, City of, 080117 October 13, 1978, ......do.............. Do.
Mesa County. Emerg; January
6, 1983, Reg;
July 6, 2010,
Susp.
Mesa County, Unincorporated 080115 July 26, 1973, ......do.............. Do.
Areas. Emerg; July 3,
1978, Reg; July
6, 2010, Susp.
Palisade, Town of, Mesa 080198 September 27, ......do.............. Do.
County. 1982, Emerg;
February 5,
1986, Reg; July
6, 2010, Susp.
North Dakota:
Dunseith, City of, Rolette 380103 June 2, 1975, ......do.............. Do.
County. Emerg; February
19, 1986, Reg;
July 6, 2010,
Susp.
St. John, City of, Rolette 380106 July 2, 1975, ......do.............. Do.
County. Emerg; October
1, 1986, Reg;
July 6, 2010,
Susp.
Turtle Mountain Band of 380714 March 29, 1999, ......do.............. Do.
Chippewa Indian Emerg; July 6,
Reservation, Rolette 2010, Reg; July
County. 6, 2010, Susp.
South Dakota:
Mission Hill, Town of, 460091 November 28, ......do.............. Do.
Yankton County. 1975, Emerg;
June 18, 1980,
Reg; July 6,
2010, Susp.
Yankton, City of, Yankton 460093 August 22, 1974, ......do.............. Do.
County. Emerg; August
15, 1980, Reg;
July 6, 2010,
Susp.
Yankton County, 460088 May 16, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; October
1, 1986, Reg;
July 6, 2010,
Susp.
Region X
Washington:
Cheney, City of, Spokane 530175 May 1, 1975, ......do.............. Do.
County. Emerg; November
6, 1979, Reg;
July 6, 2010,
Susp.
Deer Park, City of, Spokane 530176 July 3, 1975, ......do.............. Do.
County. Emerg; December
26, 1979, Reg;
July 6, 2010,
Susp.
Fairfield, Town of, Spokane 530177 November 17, ......do.............. Do.
County. 1975, Emerg;
October 16,
1979, Reg; July
6, 2010, Susp.
Medical Lake, City of, 530179 July 2, 1975, ......do.............. Do.
Spokane County. Emerg; November
8, 1984, Reg;
July 6, 2010,
Susp.
Millwood, City of, Spokane 530180 March 3, 1975, ......do.............. Do.
County. Emerg; June 15,
1979, Reg; July
6, 2010, Susp.
Rockford, Town of, Spokane 530181 March 15, 1976, ......do.............. Do.
County. Emerg; October
2, 1979, Reg;
July 6, 2010,
Susp.
[[Page 35670]]
Spokane, City of, Spokane 530183 October 25, 1973, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; July
6, 2010, Susp.
Spokane Valley, City of, 530342 N/A, Emerg; April ......do.............. Do.
Spokane County. 1, 2004, Reg;
July 6, 2010,
Susp.
Spokane County, 530174 May 30, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1988, Reg; July
6, 2010, Susp.
----------------------------------------------------------------------------------------------------------------
*......do and Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular;
Susp.--Suspension.
Dated: June 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-15228 Filed 6-22-10; 8:45 am]
BILLING CODE 9110-12-P