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 Department of Homeland Security Federal Emergency Management Agency 44 CFR Part 64
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8143]
 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 
                    ( print page 52866)
                    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
 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
 2.The tables published under the authority of § 64.6 are amended as follows: State and location
Community No.
Effective date authorization/cancellation of sale of flood insurance in community
Current effective map date
Date certain Federal assistance no longer available in SFHAs**Region III**West Virginia:Ansted, Town of, Fayette County
540027
June 10, 1975, Emerg; October 30, 1981, Reg; September 3, 2010, Susp
Sept. 3, 2010
Sept. 3, 2010.Gauley Bridge, Town of, Fayette County
540294
September 22, 1989, Emerg; September 18, 1991, Reg; September 3, 2010, Susp
......do
Do.Fayette County, Unincorporated Areas
540026
April 16, 1975, Emerg; March 4, 1988, Reg; September 3, 2010, Susp
......do
Do.Meadow Bridge, Town of, Fayette County
540028
October 1, 1975, Emerg; January 2, 1991, Reg; September 3, 2010, Susp
......do
Do.Montgomery, City of, Fayette and Kahawha Counties
540029
July 2, 1975, Emerg; June 1, 1982, Reg; September 3, 2010, Susp
......do
Do.Mount Hope, City of, Fayette County
540280
October 30, 1974, Emerg; August 10, 1979, Reg; September 3, 2010, Susp
......do
Do.Oak Hill, City of, Fayette County
540031
October 24, 1974, Emerg; January 18, 1980, Reg; September 3, 2010, Susp
......do
Do.Pax, Town of, Fayette County
540032
July 8, 1975, Emerg; August 10, 1979, Reg; September 3, 2010, Susp
......do
Do.Smithers, Town of, Fayette County
540033
June 12, 1975, Emerg; April 15, 1982, Reg; September 3, 2010, Susp
......do
Do.**Region IV**Alabama:Butler, City of, Choctaw County
010033
August 7, 1975, Emerg; July 5, 1982, Reg; September 3, 2010, Susp
......do
Do.Choctaw County, Unincorporated Areas
010310
September 25, 1974, Emerg; September 30, 1988, Reg; September 3, 2010, Susp
......do
Do.Gilbertown, Town of, Choctaw County
010034
January 29, 1979, Emerg; July 3, 1986, Reg; September 3, 2010, Susp
......do
Do.Hueytown, City of, Jefferson County
010337
April 22, 1975, Emerg; January 2, 1981, Reg; September 3, 2010, Susp
......do
Do.Lipscomb, City of, Jefferson County
010126
July 25, 1975, Emerg; January 2, 1981, Reg; September 3, 2010, Susp
......do
Do.( print page 52867)Pennington, Town of, Choctaw County
010035
July 16, 1979, Emerg; September 18, 1985, Reg; September 3, 2010, Susp
......do
Do.Silas, Town of, Choctaw County
010036
N/A, Emerg; February 27, 2006, Reg; September 3, 2010, Susp
......do
Do.Georgia: Stewart County, Unincorporated Areas
130393
September 8, 1986, Emerg; July 1, 1987, Reg; September 3, 2010, Susp
......do
Do.Mississippi:New Albany, Town of, Union County
280174
March 25, 1975, Emerg; September 4, 1985, Reg; September 3, 2010, Susp
......do
Do.Union County, Unincorporated Areas
280237
December 3, 2007, Emerg; September 3, 2010, Reg; September 3, 2010, Susp
......do
Do.Tennessee:Byrdstown, City of, Pickett County
470147
February 12, 1976, Emerg; July 3, 1986, Reg; September 3, 2010, Susp
......do
Do.Pickett County, Unincorporated Areas
470384
November 17, 1994, Emerg; February 1, 2006, Reg; September 3, 2010, Susp
......do
Do.**Region VI**Louisiana:Basile, Town of, Evangeline Parish
220065
January 22, 1976, Emerg; January 15, 1988, Reg; September 3, 2010, Susp
......do
Do.Evangeline Parish, Unincorporated Areas
220064
January 12, 1976, Emerg; August 1, 1988, Reg; September 3, 2010, Susp
......do
Do.Mamou, Town of, Evangeline Parish
220067
September 13, 1974, Emerg; November 1, 1985, Reg; September 3, 2010, Susp
......do
Do.Pine Prairie, Village of, Evangeline Parish
220068
July 8, 1975, Emerg; June 25, 1976, Reg; September 3, 2010, Susp
......do
Do.Turkey Creek, Village of, Evangeline Parish
220069
August 11, 2008, Emerg; September 1, 2008, Reg; September 3, 2010, Susp
......do
Do.Ville Platte, City of, Evangeline Parish
220070
April 13, 1976, Emerg; October 15, 1985, Reg; September 3, 2010, Susp
......do
Do.Oklahoma:Bethel Acres, Town of, Pottawatomie County
400346
June 16, 1989, Emerg; December 1, 1989, Reg; September 3, 2010, Susp
......do
Do.Brooksville, City of, Pottawatomie County
400469
September 19, 1979, Emerg; August 19, 1985, Reg; September 3, 2010, Susp
......do
Do.Kickapoo Tribal Lands, Pottawatomie County
400563
February 26, 2002, Emerg; September 3, 2010, Reg; September 3, 2010, Susp
......do
Do.McLoud, Town of, Pottawatomie County
400398
December 27, 1977, Emerg; October 16, 1987, Reg; September 3, 2010, Susp
......do
Do.Pottawatomie County, Unincorporated Areas
400496
March 26, 1984, Emerg; June 1, 1988, Reg; September 3, 2010, Susp
......do
Do.Shawnee, City of, Pottawatomie County
400178
April 2, 1975, Emerg; July 2, 1980, Reg; September 3, 2010, Susp
......do
Do.Tecumseh, City of, Pottawatomie County
400179
February 10, 1975, Emerg; July 16, 1980, Reg; September 3, 2010, Susp
......do
Do.Texas:Austin County, Unincorporated Areas
480704
November 21, 1975, Emerg; January 17, 1990, Reg; September 3, 2010, Susp
......do
Do.Bellville, City of, Austin County
481095
N/A, Emerg; June 17, 1998, Reg; September 3, 2010, Susp
......do
Do.Brazos Country, City of, Austin County
481693
N/A, Emerg; December 18, 2001, Reg; September 3, 2010, Susp
......do
Do.Corrigan, City of, Polk County
480527
January 26, 1978, Emerg; April 20, 1982, Reg; September 3, 2010, Susp
......do
Do.Goodrich, City of, Polk County
481070
November 12, 1980, Emerg; June 19, 1985, Reg; September 3, 2010, Susp
......do
Do.Livingston, City of, Polk County
480528
May 21, 1975, Emerg; September 1, 1987, Reg; September 3, 2010, Susp
......do
Do.Onalaska, City of, Polk County
480974
November 6, 1996, Emerg; November 1, 2007, Reg; September 3, 2010, Susp
......do
Do.Polk County, Unincorporated Areas
480526
September 5, 1990, Emerg; March 1, 1991, Reg; September 3, 2010, Susp
......do
Do.San Felipe, Town of, Austin County
480705
April 7, 1976, Emerg; January 3, 1986, Reg; September 3, 2010, Susp
......do
Do.Wood County, Unincorporated Areas
481055
February 21, 2001, Emerg; August 1, 2008, Reg; September 3, 2010, Susp
......do
Do.Yantis, City of, Wood County
481167
December 29, 1980, Emerg; October 26, 1982, Reg; September 3, 2010, Susp
......do
Do.( print page 52868)**Region IX**Arizona: Yavapai County, Unincorporated Areas
040093
January 31, 1975, Emerg; September 18, 1985, Reg; September 3, 2010, Susp
......do
Do.**Region X**Oregon:Adams, City of, Umatilla County
410205
February 12, 1976, Emerg; May 15, 1984, Reg; September 3, 2010, Susp
......do
Do.Athena, City of, Umatilla County
410206
June 4, 1975, Emerg; July 16, 1984, Reg; September 3, 2010, Susp
......do
Do.Echo, City of, Umatilla County
410207
April 15, 1975, Emerg; May 15, 1984, Reg; September 3, 2010, Susp
......do
Do.Helix, City of, Umatilla County
410208
January 13, 1976, Emerg; June 1, 1984, Reg; September 3, 2010, Susp
......do
Do.Hermiston, City of, Umatilla County
410209
November 7, 1974, Emerg; October 28, 1977, Reg; September 3, 2010, Susp
......do
Do.Milton-Freewater, City of, Umatilla County
410210
April 16, 1975, Emerg; September 12, 1978, Reg; September 3, 2010, Susp
......do
Do.Pendleton, City of, Umatilla County
410211
March 3, 1972, Emerg; July 13, 1976, Reg; September 3, 2010, Susp
......do
Do.Pilot Rock, City of, Umatilla County
410212
July 5, 1974, Emerg; August 4, 1988, Reg; September 3, 2010, Susp
......do
Do.Stanfield, City of, Umatilla County
410213
October 2, 1974, Emerg; August 15, 1984, Reg; September 3, 2010, Susp
......do
Do.Ukiah, City of, Umatilla County
410279
August 25, 1975, Emerg; September 24, 1984, Reg; September 3, 2010, Susp
......do
Do.Umatilla, City of, Umatilla County
410214
February 6, 1975, Emerg; September 24, 1984, Reg; September 3, 2010, Susp
......do
Do.Umatilla County, Unincorporated Areas
410204
February 4, 1972, Emerg; June 15, 1978, Reg; September 3, 2010, Susp
......do
Do.Weston, City of, Umatilla County
410215
August 8, 1975, Emerg; September 18, 1987, Reg; September 3, 2010, Susp
......do
Do.*do = Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Dated: August 16, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation.


[FR Doc. 2010-21597 Filed 8-27-10; 8:45 am] BILLING CODE 9110-12-P