Suspension of Community Eligibility, 49417-49420 [2010-20006]
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Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations
not affect the level of protection
provided to human health or the
environment. This rule amends 40 CFR
part 35 subpart O by allowing interim
progress reports to be due in 60 days,
instead of the current 30-day
requirement. In addition, this
amendment allows the recipient of a
Superfund State Contract to request that
EPA apply any overpayment of cost
share to another site. The regulation 40
CFR part 35 subpart O codified: (1)
Recipient requirements for
administering Cooperative Agreements
awarded pursuant to section 104(d)(1) of
CERCLA; and (2) requirements for
administering Superfund State
Contracts for non-State-lead remedial
responses undertaken pursuant to
section 104 of CERCLA.
K. Congressional Review Act
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 rule 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 of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
While this action is not a ‘‘major rule’’
as defined by 5 U.S.C. 804(2), the final
rule becomes effective 60 days after
publication in the Federal Register on
October 12, 2010.
List of Subjects in 40 CFR Part 35
Administrative practices and
procedures, Environmental protection,
Grant programs—environmental
protection, Reporting and
recordkeeping.
Dated: August 9, 2010.
Lisa P. Jackson,
Administrator.
For the reasons set out in the
preamble, 40 CFR part 35 is amended as
follows:
erowe on DSK5CLS3C1PROD with RULES
■
PART 35—STATE AND LOCAL
ASSISTANCE
1. The authority citation for 40 CFR
part 35, subpart O continues to read as
follows:
■
Authority: 42 U.S.C. 9601 et seq.
VerDate Mar<15>2010
15:00 Aug 12, 2010
Jkt 220001
Subpart O—Cooperative Agreements
and Superfund State Contracts for
Superfund Response Actions
2. Amend § 35.6650 by revising
paragraph (a) to read as follows:
■
§ 35.6650
Progress reports.
(a) Reporting frequency. The recipient
must submit progress reports as
specified in the Cooperative Agreement.
Progress reports will be required no
more frequently than quarterly, and will
be required at least annually.
Notwithstanding 40 CFR 31.41(b)(1), the
reports shall be due within 60 days after
the reporting period. The final progress
report shall be due 90 days after
expiration or termination of the
Cooperative Agreement.
*
*
*
*
*
3. Amend § 35.6670 by revising
paragraph (b)(2)(i) to read as follows:
■
§ 35.6670
Financial reports.
*
*
*
*
*
(b) * * *
(2) * * *
(i) If a Financial Status Report is
required annually, the report is due 90
days after the end of the Federal fiscal
year or as specified in the Cooperative
Agreement. If quarterly or semiannual
Financial Status Reports are required,
reports are due in accordance with 40
CFR 31.41(b)(4);
*
*
*
*
*
4. Amend § 35.6805 by revising
paragraph (k) to read as follows:
■
§ 35.6805
Contents of an SSC.
*
*
*
*
*
(k) Reconciliation provision, which
states that the SSC remains in effect
until the financial settlement of project
costs and final reconciliation of
response costs (including all change
orders, claims, overmatch of cost share,
reimbursements, etc.) ensures that both
EPA and the State have satisfied the cost
share requirement contained in section
104 of CERCLA, as amended. The
recipient may direct EPA to return the
overmatch or to use the excess cost
share payment at one site to meet the
cost share obligation at another site in
accordance with § 35.6285(d).
Reimbursements for any overmatch will
be made to the recipient identified in
the SSC.
*
*
*
*
*
[FR Doc. 2010–20086 Filed 8–12–10; 8:45 am]
BILLING CODE 6560–50–P
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49417
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8141]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations
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
Community
No.
State and location
Region IV
Alabama:
Kinston, Town of, Coffee County ........
New Brockton, Town of, Coffee County.
Georgia:
Abbeville, City of, Dodge and Wilcox
Counties.
Alamo, City of, Wheeler County .........
010237
010238
130195
130507
130523
Franklin, City of, Heard County ..........
130106
Glenwood, City of, Wheeler County ...
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Centralhatchee, Town of, Heard
County.
Dodge County, Unincorporated Areas
130419
Hazlehurst, City of, Jeff Davis County
130114
Heard County, Unincorporated Areas
130105
Jeff Davis County, Unincorporated
Areas.
130113
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130257
PO 00000
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.
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:
■
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain
Federal assistance no longer
available in
SFHAs
October 8, 1975, Emerg; December 30,
1977, Reg; August 19, 2010, Susp.
January 12, 1976, Emerg; July 22, 1977,
Reg; August 19, 2010, Susp.
August 19, 2010 ..
August 19, 2010.
N/A, Emerg; May 26, 1998, Reg; August
19, 2010, Susp.
September 22, 1994, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
October 6, 1986, Emerg; May 1, 1988,
Reg; August 19, 2010, Susp.
N/A, Emerg; July 9, 1998, Reg; August
19, 2010, Susp.
July 7, 1975, Emerg; July 17, 1986, Reg;
August 19, 2010, Susp.
January 6, 2004, Emerg; August 1, 2004,
Reg; August 19, 2010, Susp.
January 14, 1974, Emerg; August 1,
1979, Reg; August 19, 2010, Susp.
April 11, 1985, Emerg; August 1, 1986,
Reg; August 19, 2010, Susp.
N/A, Emerg; February 14, 2005, Reg; August 19, 2010, Susp.
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13AUR1
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Federal Register / Vol. 75, No. 156 / Friday, August 13, 2010 / Rules and Regulations
Community
No.
State and location
Lumber City, City of, Telfair County ...
130167
Lyons, City of, Toombs County ..........
130223
Montgomery County, Unincorporated
Areas.
Mount Vernon, City of, Montgomery
County.
Toombs
County,
Unincorporated
Areas.
Treutlen
County,
Unincorporated
Areas.
Uvalda, City of, Montgomery County ..
130139
Wheeler
County,
Unincorporated
Areas.
Wilcox County, Unincorporated Areas
130190
Kentucky: Jamestown, City of, Russell
County.
Mississippi:
Bruce, City of ......................................
Calhoun County ..................................
Calhoun City, City of, Calhoun County
130140
130173
130175
130361
130524
210206
280026
280027
Calhoun
County,
Unincorporated
Areas.
Derma, Town of, Calhoun County ......
280288
Pittsboro, Town of, Calhoun County ...
280218
Pontotoc, City of, Pontotoc County ....
280348
Pontotoc County, Unincorporated
Areas.
Sherman, Town of, Lee, Pontotoc and
Union Counties.
Vardaman, Town of, Calhoun County
280234
280327
Region V
Ohio:
Clarington, Village of, Monroe County
390405
Monroe
County,
Unincorporated
Areas.
Wisconsin:
Durand, City of ....................................
Pepin County ......................................
Pepin, Village of, Pepin County ..........
280217
280296
390404
550320
555569
Pepin County, Unincorporated Areas
555570
Stockholm, Village of, Pepin County ..
555581
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Region VI
New Mexico:
Los Lunas, Village of, Valencia County.
Valencia
County,
Unincorporated
Areas.
Oklahoma:
Davenport, Town of, Lincoln County ..
Hennessey, Town of, Kingfisher
County.
Kickapoo, Tribe of Oklahoma, Lincoln,
Oklahoma and Pottawatomie Counties.
Kingfisher, City of, Kingfisher County
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350144
350086
400365
400389
400563
400082
PO 00000
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 5, 1975, Emerg; September
29, 1986, Reg; August 19, 2010, Susp.
June 2, 1976, Emerg; May 15, 1986, Reg;
August 19, 2010, Susp.
October 3, 1994, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
July 25, 1975, Emerg; August 19, 1986,
Reg; August 19, 2010, Susp.
N/A, Emerg; October 31, 1991, Reg; August 19, 2010, Susp.
January 22, 1999, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
February 28, 1980, Emerg; July 9, 1982,
Reg; August 19, 2010, Susp.
October 11, 1994, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
N/A, Emerg; April 16, 1998, Reg; August
19, 2010, Susp.
September 5, 1975, Emerg; June 25,
1976, Reg; August 19, 2010, Susp.
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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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Do.
February 5, 1975, Emerg; June 18, 1987,
Reg; August 19, 2010, Susp.
March 19, 1975, Emerg; June 18, 1987,
Reg; August 19, 2010, Susp.
March 28, 1975, Emerg; January 3, 1990,
Reg; August 19, 2010, Susp.
September 21, 1979, Emerg; September
1, 1987, Reg; August 19, 2010, Susp.
March 19, 1975, Emerg; August 5, 1985,
Reg; August 19, 2010, Susp.
August 14, 2000, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
July 22, 1977, Emerg; February 1, 1987,
Reg; August 19, 2010, Susp.
December 21, 1978, Emerg; September
4, 1985, Reg; August 19, 2010, Susp.
N/A, Emerg; November 11, 1994, Reg;
August 19, 2010, Susp.
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Do.
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Do.
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Do.
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Do.
......do ..................
Do.
......do ..................
Do.
July 7, 1975, Emerg; November 16, 1983,
Reg; August 19, 2010, Susp.
February 11, 1977, Emerg; February 15,
1984, Reg; August 19, 2010, Susp.
......do ..................
Do.
......do ..................
Do.
April 13, 1973, Emerg; June 1, 1977, Reg;
August 19, 2010, Susp.
April 23, 1971, Emerg; May 26, 1977,
Reg; August 19, 2010, Susp.
April 9, 1971, Emerg; December 16, 1972,
Reg; August 19, 2010, Susp.
April 23, 1971, Emerg; December 8, 1972,
Reg; August 19, 2010, Susp.
......do ..................
Do.
......do ..................
Do.
......do ..................
Do.
......do ..................
Do.
May 1, 1979, Emerg; October 13, 1987,
Reg; August 19, 2010, Susp.
April 13, 1979, Emerg; July 2, 1991, Reg;
August 19, 2010, Susp.
......do ..................
Do.
......do ..................
Do.
June 30, 1976, Emerg; October 31, 1978,
Reg; August 19, 2010, Susp.
N/A, Emerg; August 26, 2005, Reg; August 19, 2010, Susp.
February 26, 2002, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
......do ..................
Do.
......do ..................
Do.
......do ..................
Do.
December 23, 1971, Emerg; September
30, 1976, Reg; August 19, 2010, Susp.
......do ..................
Do.
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Community
No.
State and location
Kingfisher County, Unincorporated
Areas.
Lincoln County, Unincorporated Areas
400471
Piedmont, City of, Canadian and
Kingfisher Counties.
Prague, City of, Lincoln County ..........
400027
400435
Region VIII
Colorado:
Bayfield, Town of, La Plata County ....
080098
Cedaredge, Town of, Delta County ....
080304
Delta, City of, Delta County ................
080043
Delta County, Unincorporated Areas ..
080041
Durango, City of, La Plata County ......
080099
La Plata County, Unincorporated
Areas.
Orchard City, City of, Delta County ....
080097
Paonia, Town of, Delta County ...........
080045
400457
080258
North Dakota:
McLean
County,
Unincorporated
Areas.
Three Affiliated Tribes, Fort Berthold
Reservation, McLean County.
380057
380721
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
January 9, 1987, Emerg; September 18,
1991, Reg; August 19, 2010, Susp.
September 28, 1990, Emerg; February 3,
1993, Reg; August 19, 2010, Susp.
February 4, 1985, Emerg; February 4,
1985, Reg; August 19, 2010, Susp.
April 21, 1977, Emerg; September 4,
1985, Reg; August 19, 2010, Susp.
......do ..................
Do.
......do ..................
Do.
......do ..................
Do.
......do ..................
Do.
June 27, 1975, Emerg; September 29,
1978, Reg; August 19, 2010, Susp.
May 27, 1993, Emerg; May 21, 2009,
Reg; August 19, 2010, Susp.
August 2, 1974, Emerg; June 1, 1984,
Reg; August 19, 2010, Susp.
April 9, 1979, Emerg; March 15, 1984,
Reg; August 19, 2010, Susp.
April 30, 1974, Emerg; January 17, 1979,
Reg; August 19, 2010, Susp.
December 12, 1974, Emerg; December
15, 1981, Reg; August 19, 2010, Susp.
May 16, 1983, Emerg; May 16, 1983,
Reg; August 19, 2010, Susp.
June 10, 1975, Emerg; March 16, 1983,
Reg; August 19, 2010, Susp.
......do ..................
Do.
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Do.
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Do.
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July 12, 1982, Emerg; June 4, 1987, Reg;
August 19, 2010, Susp.
August 23, 2000, Emerg; August 19,
2010, Reg; August 19, 2010, Susp.
......do ..................
Do.
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Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: August 4, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation
Administrator, Department of Homeland
Security Federal Emergency Management
Agency.
[FR Doc. 2010–20006 Filed 8–12–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 100513223–0289–02]
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RIN 0648–AY88
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fisheries; 2010 Atlantic Deep-Sea Red
Crab Specifications In-season
Adjustment
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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15:00 Aug 12, 2010
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This rule adjusts the target
total allowable catch (TAC) and
corresponding fleet days-at-sea (DAS)
allocation for the Atlantic deep-sea red
crab fishery that were implemented in
May 2010. This adjustment is consistent
with the most recent recommendation
by the New England Fishery
Management Council’s (Council)
Scientific and Statistical Committee
(SSC) and the implementing regulations
for the Atlantic Deep-Sea Red Crab
Fishery Management Plan (FMP)
allowing NMFS to make an in-season
adjustment to the specifications, after
consulting with the Council. In May
2010, NMFS finalized the fishing year
(FY) 2010 specifications for the red crab
fishery, including a target TAC and a
fleet-wide DAS allocation.
SUMMARY:
This rule is effective on
September 13, 2010.
DATES:
Copies of the specifications
document, including the Supplemental
Environmental Assessment and
Supplemental Regulatory Flexibility
Analysis and other supporting
documents for the in-season adjustment,
are available from Patricia A. Kurkul,
Regional Administrator, NMFS,
ADDRESSES:
PO 00000
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Northeast Regional Office, 55 Great
Republic Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
Background
For FY 2010, the Council was
required by the FMP to establish
specifications for the red crab fishery
consistent with the best available
scientific information. In September
2009, the Council’s SSC recommended
a maximum sustainable yield (MSY) for
red crab within the range 3.75–4.19
million lb (1,700–1,900 mt), which was
consistent with the most recent stock
assessment (conducted by the Northeast
Fisheries Science Center’s 2008 Data
Poor Stocks Working Group), and
recommended that the interim
acceptable biological catch (ABC) be set
commensurate with recent catch. At the
time, the SSC determined recent catch
to be the amount of red crab landed in
FY 2007, which was 2.83 million lb
(1,284 mt). However, the landings in FY
2007 were the lowest since the
implementation of the FMP in 2002, and
so, during the Council’s review of the
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]]>Agencies
[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49417-49420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20006]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8141]
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
[[Page 49418]]
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.
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/ Date certain Federal assis-
State and location Community cancellation of sale of flood insurance Current effective map date tance no longer available
No. in community in SFHAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Region IV
Alabama:
Kinston, Town of, Coffee County 010237 October 8, 1975, Emerg; December 30, August 19, 2010.............. August 19, 2010.
1977, Reg; August 19, 2010, Susp.
New Brockton, Town of, Coffee 010238 January 12, 1976, Emerg; July 22, 1977, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Georgia:
Abbeville, City of, Dodge and 130195 N/A, Emerg; May 26, 1998, Reg; August ......do..................... Do.
Wilcox Counties. 19, 2010, Susp.
Alamo, City of, Wheeler County. 130507 September 22, 1994, Emerg; August 19, ......do..................... Do.
2010, Reg; August 19, 2010, Susp.
Centralhatchee, Town of, Heard 130257 October 6, 1986, Emerg; May 1, 1988, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Dodge County, Unincorporated 130523 N/A, Emerg; July 9, 1998, Reg; August ......do..................... Do.
Areas. 19, 2010, Susp.
Franklin, City of, Heard County 130106 July 7, 1975, Emerg; July 17, 1986, Reg; ......do..................... Do.
August 19, 2010, Susp.
Glenwood, City of, Wheeler 130419 January 6, 2004, Emerg; August 1, 2004, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Hazlehurst, City of, Jeff Davis 130114 January 14, 1974, Emerg; August 1, 1979, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Heard County, Unincorporated 130105 April 11, 1985, Emerg; August 1, 1986, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Jeff Davis County, 130113 N/A, Emerg; February 14, 2005, Reg; ......do..................... Do.
Unincorporated Areas. August 19, 2010, Susp.
[[Page 49419]]
Lumber City, City of, Telfair 130167 September 5, 1975, Emerg; September 29, ......do..................... Do.
County. 1986, Reg; August 19, 2010, Susp.
Lyons, City of, Toombs County.. 130223 June 2, 1976, Emerg; May 15, 1986, Reg; ......do..................... Do.
August 19, 2010, Susp.
Montgomery County, 130139 October 3, 1994, Emerg; August 19, 2010, ......do..................... Do.
Unincorporated Areas. Reg; August 19, 2010, Susp.
Mount Vernon, City of, 130140 July 25, 1975, Emerg; August 19, 1986, ......do..................... Do.
Montgomery County. Reg; August 19, 2010, Susp.
Toombs County, Unincorporated 130173 N/A, Emerg; October 31, 1991, Reg; ......do..................... Do.
Areas. August 19, 2010, Susp.
Treutlen County, Unincorporated 130175 January 22, 1999, Emerg; August 19, ......do..................... Do.
Areas. 2010, Reg; August 19, 2010, Susp.
Uvalda, City of, Montgomery 130361 February 28, 1980, Emerg; July 9, 1982, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Wheeler County, Unincorporated 130190 October 11, 1994, Emerg; August 19, ......do..................... Do.
Areas. 2010, Reg; August 19, 2010, Susp.
Wilcox County, Unincorporated 130524 N/A, Emerg; April 16, 1998, Reg; August ......do..................... Do.
Areas. 19, 2010, Susp.
Kentucky: Jamestown, City of, 210206 September 5, 1975, Emerg; June 25, 1976, ......do..................... Do.
Russell County. Reg; August 19, 2010, Susp.
Mississippi:
Bruce, City of................. 280026 February 5, 1975, Emerg; June 18, 1987, ......do..................... Do.
Calhoun County................. Reg; August 19, 2010, Susp.
Calhoun City, City of, Calhoun 280027 March 19, 1975, Emerg; June 18, 1987, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Calhoun County, Unincorporated 280288 March 28, 1975, Emerg; January 3, 1990, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Derma, Town of, Calhoun County. 280217 September 21, 1979, Emerg; September 1, ......do..................... Do.
1987, Reg; August 19, 2010, Susp.
Pittsboro, Town of, Calhoun 280218 March 19, 1975, Emerg; August 5, 1985, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Pontotoc, City of, Pontotoc 280348 August 14, 2000, Emerg; August 19, 2010, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Pontotoc County, Unincorporated 280234 July 22, 1977, Emerg; February 1, 1987, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Sherman, Town of, Lee, Pontotoc 280296 December 21, 1978, Emerg; September 4, ......do..................... Do.
and Union Counties. 1985, Reg; August 19, 2010, Susp.
Vardaman, Town of, Calhoun 280327 N/A, Emerg; November 11, 1994, Reg; ......do..................... Do.
County. August 19, 2010, Susp.
Region V
Ohio:
Clarington, Village of, Monroe 390405 July 7, 1975, Emerg; November 16, 1983, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Monroe County, Unincorporated 390404 February 11, 1977, Emerg; February 15, ......do..................... Do.
Areas. 1984, Reg; August 19, 2010, Susp.
Wisconsin:
Durand, City of................ 550320 April 13, 1973, Emerg; June 1, 1977, ......do..................... Do.
Pepin County................... Reg; August 19, 2010, Susp.
Pepin, Village of, Pepin County 555569 April 23, 1971, Emerg; May 26, 1977, ......do..................... Do.
Reg; August 19, 2010, Susp.
Pepin County, Unincorporated 555570 April 9, 1971, Emerg; December 16, 1972, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Stockholm, Village of, Pepin 555581 April 23, 1971, Emerg; December 8, 1972, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Region VI
New Mexico:
Los Lunas, Village of, Valencia 350144 May 1, 1979, Emerg; October 13, 1987, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Valencia County, Unincorporated 350086 April 13, 1979, Emerg; July 2, 1991, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Oklahoma:
Davenport, Town of, Lincoln 400365 June 30, 1976, Emerg; October 31, 1978, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Hennessey, Town of, Kingfisher 400389 N/A, Emerg; August 26, 2005, Reg; August ......do..................... Do.
County. 19, 2010, Susp.
Kickapoo, Tribe of Oklahoma, 400563 February 26, 2002, Emerg; August 19, ......do..................... Do.
Lincoln, Oklahoma and 2010, Reg; August 19, 2010, Susp.
Pottawatomie Counties.
Kingfisher, City of, Kingfisher 400082 December 23, 1971, Emerg; September 30, ......do..................... Do.
County. 1976, Reg; August 19, 2010, Susp.
[[Page 49420]]
Kingfisher County, 400471 January 9, 1987, Emerg; September 18, ......do..................... Do.
Unincorporated Areas. 1991, Reg; August 19, 2010, Susp.
Lincoln County, Unincorporated 400457 September 28, 1990, Emerg; February 3, ......do..................... Do.
Areas. 1993, Reg; August 19, 2010, Susp.
Piedmont, City of, Canadian and 400027 February 4, 1985, Emerg; February 4, ......do..................... Do.
Kingfisher Counties. 1985, Reg; August 19, 2010, Susp.
Prague, City of, Lincoln County 400435 April 21, 1977, Emerg; September 4, ......do..................... Do.
1985, Reg; August 19, 2010, Susp.
Region VIII
Colorado:
Bayfield, Town of, La Plata 080098 June 27, 1975, Emerg; September 29, ......do..................... Do.
County. 1978, Reg; August 19, 2010, Susp.
Cedaredge, Town of, Delta 080304 May 27, 1993, Emerg; May 21, 2009, Reg; ......do..................... Do.
County. August 19, 2010, Susp.
Delta, City of, Delta County... 080043 August 2, 1974, Emerg; June 1, 1984, ......do..................... Do.
Reg; August 19, 2010, Susp.
Delta County, Unincorporated 080041 April 9, 1979, Emerg; March 15, 1984, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Durango, City of, La Plata 080099 April 30, 1974, Emerg; January 17, 1979, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
La Plata County, Unincorporated 080097 December 12, 1974, Emerg; December 15, ......do..................... Do.
Areas. 1981, Reg; August 19, 2010, Susp.
Orchard City, City of, Delta 080258 May 16, 1983, Emerg; May 16, 1983, Reg; ......do..................... Do.
County. August 19, 2010, Susp.
Paonia, Town of, Delta County.. 080045 June 10, 1975, Emerg; March 16, 1983, ......do..................... Do.
Reg; August 19, 2010, Susp.
North Dakota:
McLean County, Unincorporated 380057 July 12, 1982, Emerg; June 4, 1987, Reg; ......do..................... Do.
Areas. August 19, 2010, Susp.
Three Affiliated Tribes, Fort 380721 August 23, 2000, Emerg; August 19, 2010, ......do..................... Do.
Berthold Reservation, McLean Reg; August 19, 2010, Susp.
County.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: August 4, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security Federal Emergency Management Agency.
[FR Doc. 2010-20006 Filed 8-12-10; 8:45 am]
BILLING CODE 9110-12-P
