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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-8149]
 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 
                    ( print page 55684)
                    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
 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 V**Wisconsin:Gillett, City of, Oconto County
550295
September 30, 1975, Emerg; February 1, 1984, Reg; October 6, 2010, Susp
October 6, 2010
October 6, 2010Lena, Village of, Oconto County
550296
July 7, 1975, Emerg; September 18, 1985, Reg; October 6, 2010, Susp
......do
Do.Oconto, City of, Oconto County
550297
September 17, 1973, Emerg; August 3, 1981, Reg; October 6, 2010, Susp
......do
Do.Oconto County, Unincorporated Areas
550294
May 21, 1973, Emerg; January 6, 1983, Reg; October 6, 2010, Susp
......do
Do.Oconto Falls, City of, Oconto County
550298
June 23, 1975, Emerg; July 16, 1981, Reg; October 6, 2010, Susp
......do
Do.Pulaski, Village of, Brown, Oconto, and Shawano Counties
550024
February 27, 1976, Emerg; August 3, 1981, Reg; October 6, 2010, Susp
......do
Do.Suring, Village of, Oconto County
550300
January 30, 1975, Emerg; December 1, 1983, Reg; October 6, 2010, Susp
......do
Do.**Region VI**Arkansas:Elaine, City of, Phillips County
050167
March 29, 1974, Emerg; September 4, 1985, Reg; October 6, 2010, Susp
......do
Do.Helena-West Helena, City of, Phillips County
050168
February 15, 1974, Emerg; July 16, 1979, Reg; October 6, 2010, Susp
......do
Do.Lake View, City of, Phillips County
050169
July 23, 1976, Emerg; February 1, 1987, Reg; October 6, 2010, Susp
......do
Do.Marvell, City of, Phillips County
050170
July 28, 1993, Emerg; August 1, 2008, Reg; October 6, 2010, Susp
......do
Do.( print page 55685)Phillips County, Unincorporated Areas.
050166
April 28, 1981, Emerg; April 1, 1988, Reg; October 6, 2010, Susp
......do
Do.New Mexico:Portales, City of, Roosevelt County
350054
October 29, 1974, Emerg; January 20, 1982, Reg; October 6, 2010, Susp
......do
Do.Red River, Town of, Taos County
350079
April 18, 1975, Emerg; July 1, 1987, Reg; October 6, 2010, Susp
......do
Do.Taos, Town of, Taos County.
350080
August 25, 1975, Emerg; August 4, 1987, Reg; October 6, 2010, Susp
......do
Do.Taos County, Unincorporated Areas
350078
September 25, 1975, Emerg; January 5, 1989, Reg; October 6, 2010, Susp
......do
Do.Texas:Big Spring, City of, Howard County
480360
February 7, 1975, Emerg; September 30, 1981, Reg; October 6, 2010, Susp
......do
Do.Brooks County, Unincorporated Areas
481196
July 21, 1975, Emerg; July 1, 1987, Reg; October 6, 2010, Susp
......do
Do.Coahoma, City of, Howard County
481099
September 13, 2007, Emerg; October 6, 2010, Reg; October 6, 2010, Susp
......do
Do.Falfurrias, City of, Brooks County
480086
March 21, 1975, Emerg; August 17, 1981, Reg; October 6, 2010, Susp
......do
Do.Howard County, Unincorporated Areas
481227
June 3, 1982, Emerg; February 1, 1988, Reg; October 6, 2010, Susp
......do
Do.Kountze, City of, Hardin County
480845
February 27, 1987, Emerg; November 1, 1989, Reg; October 6, 2010, Susp
......do
Do.Lumberton, City of, Hardin County
481111
May 8, 1979, Emerg; May 8, 1979, Reg; October 6, 2010, Susp
......do
Do.Rose Hill Acres, City of, Hardin County
480846
March 8, 1974, Emerg; April 15, 1977, Reg; October 6, 2010, Susp
......do
Do.Silsbee, City of, Hardin County
480285
June 7, 1974, Emerg; May 1, 1978, Reg; October 6, 2010, Susp
......do
Do.Sour Lake, City of, Hardin County
480286
June 3, 1974, Emerg; October 28, 1977, Reg; October 6, 2010, Susp
......do
Do.**Region VII**Iowa:Earlham, City of, Madison County
190570
September 6, 1977, Emerg; September 30, 1988, Reg; October 6, 2010, Susp
......do
Do.East Peru, City of, Madison County
190450
April 25, 1977, Emerg; February 1, 1987, Reg; October 6, 2010, Susp
......do
Do.Madison County, Unincorporated Areas
190887
September 10, 1993, Emerg; September 1, 1996, Reg; October 6, 2010, Susp
......do
Do.Patterson, City of, Madison County
190451
March 27, 1979, Emerg; January 1, 1987, Reg; October 6, 2010, Susp
......do
Do.Winterset, City of, Madison County
190944
April 24, 1992, Emerg; May 3, 1993, Reg; October 6, 2010, Susp
......do
Do.Kansas: Harvey County, Unincorporated Areas
200585
October 19, 1978, Emerg; August 15, 1983, Reg; October 6, 2010, Susp
......do
Do.Newton, City of, Harvey County
200133
September 13, 1974, Emerg; October 2, 1979, Reg; October 6, 2010, Susp
......do
Do.North Newton, City of, Harvey County
200542
June 28, 1979, Emerg; June 28, 1979, Reg; October 6, 2010, Susp
......do
Do.**Region VIII**Utah:Uintah County, Unincorporated Areas
490147
November 30, 1977, Emerg; February 1, 1986, Reg; October 6, 2010, Susp
......do
Do.Vernal, City of, Uintah County
490149
April 16, 1975, Emerg; March 18, 1986, Reg; October 6, 2010, Susp
......do
Do.*-do- =Ditto.Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
 Dated: September 3, 2010. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-22796 Filed 9-13-10; 8:45 am] BILLING CODE 9110-12-P