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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-8145]
 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 
                        ( print page 52862)
                        publication in the 
                        **Federal Register**
                         on a subsequent date.
 DATES: *Effective Dates:*
                         The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.
 FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2953.


SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 
                    *et seq.;*
                     unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the 
                    **Federal Register**
                    . In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. *National Environmental Policy Act.*
                     This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. *Regulatory Flexibility Act.*
                     The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.*
                     This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 17, 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 II**New York:Barker, Village of, Niagara County
360498
April 10, 1975, Emerg; May 1, 1984, Reg; September 17, 2010, Susp
Sept. 17, 2010
Sept. 17, 2010.Cambria, Town of, Niagara County
360499
July 7, 1975, Emerg; September 30, 1983, Reg; September 17, 2010, Susp
......do
Do.Hartland, Town of, Niagara County
360500
May 1, 1975, Emerg; October 7, 1983, Reg; September 17, 2010, Susp
......do
Do.Lewiston, Town of, Niagara County
360502
March 27, 1974, Emerg; June 18, 1980, Reg; September 17, 2010, Susp
......do
Do.Lockport, City of, Niagara County
360503
December 17, 1973, Emerg; February 4, 1981, Reg; September 17, 2010, Susp
......do
Do.( print page 52863)Lockport, Town of, Niagara County
361013
December 17, 1973, Emerg; September 2, 1981, Reg; September 17, 2010, Susp
......do
Do.Middleport, Village of, Niagara County
360505
April 8, 1975, Emerg; August 1, 1983, Reg; September 17, 2010, Susp
......do
Do.North Tonawanda, City of, Niagara County
360508
May 14, 1975, Emerg; January 6, 1982, Reg; September 17, 2010, Susp
......do
Do.Pendleton, Town of, Niagara County
360509
April 12, 1974, Emerg; January 6, 1982, Reg; September 17, 2010, Susp
......do
Do.Porter, Town of, Niagara County
360510
July 17, 1974, Emerg; August 15, 1983, Reg; September 17, 2010, Susp
......do
Do.Royalton, Town of, Niagara County
360511
November 29, 1974, Emerg; July 6, 1979, Reg; September 17, 2010, Susp
......do
Do.Wheatfield, Town of, Niagara County
360513
July 5, 1973, Emerg; July 16, 1981, Reg; September 17, 2010, Susp
......do
Do.Youngstown, Village of, Niagara County
360515
March 30, 1973, Emerg; June 4, 1980, Reg; September 17, 2010, Susp
......do
Do.**Region III**Virginia:Clifton, Town of, Fairfax County
510186
December 5, 1973, Emerg; May 2, 1977, Reg; September 17, 2010, Susp
......do
Do.Fairfax County, Unincorporated Areas
515525
June 19, 1970, Emerg; January 7, 1972, Reg; September 17, 2010, Susp
......do
Do.Gloucester County, Unincorporated Areas
510071
March 25, 1974, Emerg; August 4, 1987, Reg; September 17, 2010, Susp
......do
Do.Herndon, Town of, Fairfax County
510052
May 21, 1973, Emerg; August 1, 1979, Reg; September 17, 2010, Susp
......do
Do.Irvington, Town of, Lancaster County
510221
August 18, 1975, Emerg; August 4, 1987, Reg; September 17, 2010, Susp
......do
Do.Lancaster County, Unincorporated Areas
510084
November 27, 1973, Emerg; March 4, 1988, Reg; September 17, 2010, Susp
......do
Do.Northumberland County, Unincorporated Areas
510107
October 9, 1973, Emerg; July 4, 1989, Reg; September 17, 2010, Susp
......do
Do.Vienna, Town of, Fairfax County
510053
August 8, 1974, Emerg; February 3, 1982, Reg; September 17, 2010, Susp
......do
Do.White Stone, Town of, Lancaster County
510235
August 18, 1975, Emerg; September 24, 1984, Reg; September 17, 2010, Susp
......do
Do.**Region IV**Alabama:Aliceville, City of, Pickens County
010180
February 8, 1974, Emerg; July 17, 1978, Reg; September 17, 2010, Susp
......do
Do.Ethelsville, Town of, Pickens County
010281
December 21, 1978, Emerg; March 18, 1985, Reg; September 17, 2010, Susp
......do
Do.Gordo, Town of, Pickens County
010220
August 6, 1974, Emerg; August 15, 1978, Reg; September 17, 2010, Susp
......do
Do.Pickens County, Unincorporated Areas
010283
May 25, 1976, Emerg; June 4, 1990, Reg; September 17, 2010, Susp
......do
Do.Pickensville, Town of, Pickens County
010423
N/A, Emerg; June 6, 1996, Reg; September 17, 2010, Susp
......do
Do.Reform, Town of, Pickens County
010221
July 31, 1974, Emerg; July 3, 1978, Reg; September 17, 2010, Susp
......do
Do.Georgia:Comer, City of, Madison County
130211
May 12, 1975, Emerg; June 1, 1978, Reg; September 17, 2010, Susp
......do
Do.Morganton, City of, Fannin County
130449
November 17, 1976, Emerg; April 2, 1986, Reg; September 17, 2010, Susp
......do
Do.Mountain City, Town of, Rabun County
130252
January 30, 1980, Emerg; July 9, 1982, Reg; September 17, 2010, Susp
......do
Do.Randolph County, Unincorporated Areas
130553
May 16, 1997, Emerg; September 17, 2010, Reg; September 17, 2010, Susp
......do
Do.Kentucky:Hustonville, City of, Lincoln County
210144
August 26, 1975, Emerg; September 27, 1985, Reg; September 17, 2010, Susp
......do
Do.Stanford, City of, Lincoln County
210145
February 26, 1975, Emerg; September 27, 1985, Reg; September 17, 2010, Susp
......do
Do.Mississippi:Alcorn County, Unincorporated Areas
280267
N/A, Emerg; February 27, 1992, Reg; September 17, 2010, Susp
......do
Do.Coffeeville, Town of, Yalobusha County
280186
April 8, 1975, Emerg; September 4, 1986, Reg; September 17, 2010, Susp
......do
Do.( print page 52864)Corinth, City of, Alcorn County
280002
July 26, 1974, Emerg; March 16, 1981, Reg; September 17, 2010, Susp
......do
Do.Duck Hill, Town of, Montgomery County
280118
June 23, 1975, Emerg; April 2, 1986, Reg; September 17, 2010, Susp
......do
Do.Louisville, City of, Winston County
280185
February 11, 1974, Emerg; June 15, 1978, Reg; September 17, 2010, Susp
......do
Do.Montgomery County, Unincorporated Areas
280212
April 11, 1974, Emerg; September 1, 1987, Reg; September 17, 2010, Susp
......do
Do.Rienzi, Town of, Alcorn County
280322
October 30, 2006, Emerg; September 17, 2010, Reg; September 17, 2010, Susp
......do
Do.Water Valley, City of, Yalobusha County
280187
December 5, 1974, Emerg; September 27, 1985, Reg; September 17, 2010, Susp
......do
Do.Winona, City of, Montgomery County
280119
February 18, 1975, Emerg; July 2, 1987, Reg; September 17, 2010, Susp
......do
Do.Winston County, Unincorporated Areas
280308
December 21, 1978, Emerg; August 19, 1985, Reg; September 17, 2010, Susp
......do
Do.Tennessee:Ashland City, Town of, Cheatham County
470027
March 10, 1975, Emerg; April 1, 1981, Reg; September 17, 2010, Susp
......do
Do.Cheatham County, Unincorporated Areas
470026
September 27, 1974, Emerg; May 19, 1981, Reg; September 17, 2010, Susp
......do
Do.Decatur, Town of, Meigs County
470134
March 27, 1975, Emerg; June 3, 1986, Reg; September 17, 2010, Susp
......do
Do.Kingston Springs, Town of, Cheatham County
470289
June 11, 1984, Emerg; June 11, 1984, Reg; September 17, 2010, Susp
......do
Do.Pegram, Town of, Cheatham County
470291
April 9, 1987, Emerg; April 9, 1987, Reg; September 17, 2010, Susp
......do
Do.**Region V**Illinois:Bonnie, Village of, Jefferson County
170306
September 10, 1975, Emerg; August 19, 1985, Reg; September 17, 2010, Susp
......do
Do.East Dubuque, City of, Jo Daviess County
170752
June 25, 1975, Emerg; October 18, 1983, Reg; September 17, 2010, Susp
......do
Do.Galena, City of, Jo Daviess County
175168
August 27, 1971, Emerg; July 20, 1973, Reg; September 17, 2010, Susp
......do
Do.Hanover, Village of, Jo Daviess County
170755
July 21, 1975, Emerg; May 4, 1989, Reg; September 17, 2010, Susp
......do
Do.Ina, Village of, Jefferson County
170307
March 2, 1976, Emerg; May 25, 1984, Reg; September 17, 2010, Susp
......do
Do.Jefferson County, Unincorporated Areas
170305
October 31, 2000, Emerg; September 17, 2010, Reg; September 17, 2010, Susp
......do
Do.Jo Daviess County, Unincorporated Areas
170902
April 19, 1979, Emerg; January 18, 1984, Reg; September 17, 2010, Susp
......do
Do.Mount Vernon, City of, Jefferson County
170308
September 30, 1974, Emerg; February 15, 1984, Reg; September 17, 2010, Susp
......do
Do.Peoria Heights, Village of, Peoria, Tazewell, and Woodford Counties
170537
October 13, 1972, Emerg; November 1, 1979, Reg; September 17, 2010, Susp
......do
Do.Roanoke, Village of, Woodford County
170727
June 17, 1975, Emerg; September 4, 1987, Reg; September 17, 2010, Susp
......do
Do.Spring Bay, Village of, Woodford County
170887
August 26, 1977, Emerg; June 4, 1980, Reg; September 17, 2010, Susp
......do
Do.Washburn, Village of, Marshall and Woodford Counties
170728
January 27, 1975, Emerg; July 2, 1987, Reg; September 17, 2010, Susp
......do
Do.Woodford County, Unincorporated Areas
170730
September 7, 1973, Emerg; February 1, 1984, Reg; September 17, 2010, Susp
......do
Do.Michigan:Bangor, Township of, Bay County
260019
March 30, 1973, Emerg; July 2, 1979, Reg; September 17, 2010, Susp
......do
Do.Bay City, City of, Bay County
260020
March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp
......do
Do.Essexville, City of, Bay County
260021
March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp
......do
Do.Fraser, Township of, Bay County
260657
November 13, 1981, Emerg; November 13, 1981, Reg; September 17, 2010, Susp
......do
Do.Hampton, Township of, Bay County
260023
March 30, 1973, Emerg; August 1, 1978, Reg; September 17, 2010, Susp
......do
Do.Kawkawlin, Township of, Bay County
260658
January 29, 1979, Emerg; February 1, 1979, Reg; September 17, 2010, Susp
......do
Do.Monitor, Township of, Bay County
260358
July 21, 1982, Emerg; August 19, 1985, Reg; September 17, 2010, Susp
......do
Do.( print page 52865)Pinconning, City of, Bay County
260607
March 17, 1975, Emerg; August 3, 1981, Reg; September 17, 2010, Susp
......do
Do.Pinconning, Township of, Bay County
260025
March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp
......do
Do.**Region VII**Missouri:Bolivar, City of, Polk County
290299
July 24, 1975, Emerg; June 15, 1988, Reg; September 17, 2010, Susp
......do
Do.Marshfield, City of, Webster County
290685
June 13, 1975, Emerg; September 10, 1984, Reg; September 17, 2010, Susp
......do
Do.Seymour, City of, Webster County
290933
N/A, Emerg; February 11, 2005, Reg; September 17, 2010, Susp
......do
Do.Webster County, Unincorporated Areas
290848
N/A, Emerg; April 14, 2003, Reg; September 17, 2010, Susp
......do
Do.**Region X**Oregon:Astoria, City of, Clatsop County
410028
October 16, 1974, Emerg; August 1, 1978, Reg; September 17, 2010, Susp
......do
Do.Cannon Beach, City of, Clatsop County
410029
March 6, 1974, Emerg; September 1, 1978, Reg; September 17, 2010, Susp
......do
Do.Clatsop County, Unincorporated Areas
410027
February 7, 1974, Emerg; July 3, 1978, Reg; September 17, 2010, Susp
......do
Do.Gearhart, City of, Clatsop County
410030
April 11, 1974, Emerg; May 15, 1978, Reg; September 17, 2010, Susp
......do
Do.Seaside, City of, Clatsop County
410032
March 25, 1974, Emerg; September 5, 1979, Reg; September 17, 2010, Susp
......do
Do.Warrenton, City of, Clatsop County
410033
July 16, 1975, Emerg; May 15, 1978, Reg; September 17, 2010, Susp
......do
Do.* do = Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Dated: August 19, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation.


[FR Doc. 2010-21594 Filed 8-27-10; 8:45 am] BILLING CODE 9110-12-P