Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 5893 

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 

Yoncalla, City of, Douglas County ........ 410069 July 21, 1975, Emerg; August 21, 1978, 

Reg; February 17, 2010, Susp. 

......do ............... Do. 

*do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: January 27, 2010. 

Sandra K. Knight, 

Deputy Assistant Administrator for 

Mitigation, Department of Homeland 

Security, Federal Emergency Management 

Agency. 

[FR Doc. 2010–2487 Filed 2–4–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8117] 

Suspension of Community Eligibility 

for Failure To Maintain Adequate 

Floodplain Management Regulations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: FEMA is suspending one 

community because of its failure to 

maintain floodplain management 

regulations meeting minimum 

requirements under the National Flood 

Insurance Program (NFIP). If 

documentation is received from the 

community before the effective 

suspension date, indicating they have 

brought their floodplain management 

regulations into compliance with the 

NFIP requirements, FEMA will 

withdraw the suspension by publication 

in the Federal Register on a subsequent 

date. 

DATES: Effective Dates: The effective 

date of the community’s scheduled 

suspension is the date listed in the 

fourth column of the following table. 

FOR FURTHER INFORMATION CONTACT: 

David Stearrett, Mitigation Directorate, 

1800 South Bell Street, Arlington, VA 

20598–3072, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The 

National Flood Insurance Program 

(NFIP) enables property owners to 

purchase flood insurance that is 

generally not otherwise available. In 

return, communities agree to adopt and 

implement local floodplain management 

regulations that contribute to protecting 

lives and reducing the risk of property 

damage from future flooding. Section 

1315 of the National Flood Insurance 

Act of 1968, as amended (42 U.S.C. 

4022), prohibits flood insurance 

coverage authorized under the National 

Flood Insurance Program (42 U.S.C. 

4001–4128) unless an appropriate 

public body adopts adequate floodplain 

management measures with effective 

administration and enforcement 

processes. 

The community listed in this notice 

no longer complies with the NFIP 

requirements set forth at 44 CFR part 59 

et seq. Under 44 CFR 59.24(d), a 

community will be suspended from the 

NFIP for failing to maintain adequate 

floodplain management regulations. 

Accordingly, FEMA is suspending the 

City of Brentwood, Tennessee, (‘‘the 

City’’) on the effective date in the fourth 

column of the table. As of that date, the 

purchase of new flood insurance 

policies or the renewal of existing flood 

insurance policies under the NFIP will 

no longer be available. 

FEMA will not suspend the City; 

however, if the community submits the 

documentation required under 44 CFR 

59.24(d) to show that they have 

corrected the deficiencies in their flood 

damage prevention ordinance identified 

in previous letters to the community to 

the maximum extent possible. This 

documentation must be received by 

FEMA before the actual suspension 

date. If the City successfully 

demonstrates its compliance with NFIP 

regulations, FEMA will continue its 

eligibility for the sale of NFIP insurance. 

FEMA will then publish in the Federal 

Register a notice withdrawing the 

suspension of the community. In the 

interim, if you wish to determine 

whether FEMA has suspended the City 

on the suspension date, please contact 

the FEMA Region IV office at (770) 220– 

5414. Additional information may also 

be found at http://www.fema.gov/plan/ 

prevent/floodplain/nfipkeywords/ 

suspension.shtm. 

FEMA identified the special flood 

hazard areas (SFHAs) in this community 

by publishing a Flood Insurance Rate 

Map. The effective date of this map is 

indicated in the last column of the table. 

By law, no Federally regulated entity 

may provide financial assistance for 

acquisition or construction purposes for 

property located in a SFHA unless the 

community in which the property is 

located is participating in the NFIP (42 

U.S.C. 4106(a)). The prohibition against 

certain types of Federal disaster 

assistance also becomes effective for the 

City of Brentwood, Tennessee, on the 

date shown in the fourth column (42 

U.S.C. 4106(b)). 

The Administrator finds that notice 

and public comment procedure under 5 

U.S.C. 553(b) are impracticable and 

unnecessary because the communities 

listed in this final rule have been 

adequately notified. FEMA addressed 

these notifications to the Chief 

Executive Officer of the City of 

Brentwood indicating that we will 

suspend the City unless they take the 

required corrective actions and remedial 

measures before the effective 

suspension date. Because we have made 

these notifications, 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 community 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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

5894 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 

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] 

The tables published under the 

authority of § 64.6 are amended as 

follows: 

State Location Community 

No. 

Date certain Federal assistance no longer available in 

special flood hazard area and 

the sale of flood insurance no 

longer available in the community 

Current effective map date 

Region IV 

Tennessee .............................. Brentwood, City of .................. 470205 February 17, 2010 .................. September 29, 2006. 

(Catalog of Federal Domestic Assistance 

No. 83.100, ‘‘Flood Insurance.’’) 

Dated: January 21, 2010. 

Sandra K. Knight, 

Deputy Assistant Administrator for 

Mitigation, Mitigation Directorate, Federal 

Emergency Management Agency, Department 

of Homeland Security. 

[FR Doc. 2010–2479 Filed 2–4–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2010–0003] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final 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. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final 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 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 final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

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. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

WReier-Aviles on DSKGBLS3C1PROD with RULES