5890 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 

(1) Relate to manufactured housing 

construction and safety standards, 

regulations, inspections, monitoring, or 

other enforcement activities; 

(2) Meet the definition of a ‘‘rule’’ 

under the APA and applicable case law, 

except that statements describing 

agency organization are not included; 

and 

(3) Constitute a change from prior 

HUD statements or practice on the same 

subject matter. 

III. Findings and Certifications 

Environmental Impact 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction; or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this rule is 

categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

List of Subjects 

24 CFR Part 3280 

Fire prevention, Housing standards. 

24 CFR Part 3282 

Administrative practice and 

procedure, Consumer protection, 

Intergovernmental relations, 

Investigations, Manufactured homes, 

Reporting and recordkeeping 

requirements. 

Dated: January 27, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2010–2571 Filed 2–4–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2010–0003; Internal 

Agency Docket No. FEMA–8115] 

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 

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. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 5891 

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: 

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 IV 

Alabama: 

Cherokee, City of, Colbert County ........ 010208 January 17, 1974, Emerg; September 28, 

1979, Reg; February 17, 2010, Susp. 

Apr. 17, 2010 .... Apr. 17, 2010. 

Colbert County, Unincorporated Areas 010318 July 9, 1981, Emerg; July 9, 1981, Reg; 

February 17, 2010, Susp. 

......do* .............. Do. 

Dallas County, Unincorporated Areas ... 010063 April 11, 1975, Emerg; September 29, 

1986, Reg; February 17, 2010, Susp. 

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

Leighton, City of, Colbert County .......... 010046 January 17, 1974, Emerg; August 19, 1985, 

Reg; February 17, 2010, Susp. 

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

Littleville, Town of, Colbert County ....... 010330 October 25, 1977, Emerg; November 24, 

1978, Reg; February 17, 2010, Susp. 

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

Muscle Shoals, City of, Colbert County 010047 January 30, 1974, Emerg; December 15, 

1977, Reg; February 17, 2010, Susp. 

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

Selma, City of, Dallas County ............... 010065 May 7, 1974, Emerg; March 4, 1986, Reg; 

February 17, 2010, Susp. 

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

Sheffield, City of, Colbert County .......... 010048 January 10, 1974, Emerg; December 15, 

1977, Reg; February 17, 2010, Susp. 

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

Tuscumbia, City of, Colbert County ...... 010049 November 27, 1973, Emerg; December 1, 

1977, Reg; February 17, 2010, Susp. 

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

Valley Grande, City of, Dallas County .. 010312 N/A, Emerg; June 8, 2004, Reg; February 

17, 2010, Susp. 

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

Kentucky: 

Clay City, City of, Powell County .......... 210195 March 22, 1976, Emerg; September 6, 

1989, Reg; February 17, 2010, Susp. 

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

Powell County, Unincorporated Areas .. 210194 November 1, 1976, Emerg; September 27, 

1985, Reg; February 17, 2010, Susp. 

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

Springfield, City of, Washington County 210220 June 4, 1975, Emerg; July 17, 1986, Reg; 

February 17, 2010, Susp. 

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

Stanton, City of, Powell County ............ 210196 July 7, 1975, Emerg; January 16, 1987, 

Reg; February 17, 2010, Susp. 

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

Mississippi: 

Oktibbeha County, Unincorporated 

Areas.

280277 April 23, 1979, Emerg; June 19, 1989, Reg; 

February 17, 2010, Susp. 

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

Starkville, City of, Oktibbeha County .... 280124 December 10, 1974, Emerg; February 18, 

1981, Reg; February 17, 2010, Susp. 

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

Region V 

Michigan: 

Augusta, Village of, Kalamazoo County 260312 May 20, 1975, Emerg; March 15, 1982, 

Reg; February 17, 2010, Susp. 

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

Comstock, Township of, Kalamazoo 

County.

260427 January 18, 1977, Emerg; November 17, 

1982, Reg; February 17, 2010, Susp. 

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

Cooper, Township of, Kalamazoo 

County.

260428 May 6, 1977, Emerg; September 28, 1979, 

Reg; February 17, 2010, Susp. 

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

Kalamazoo, City of, Kalamazoo County 260315 December 26, 1974, Emerg; May 1, 1985, 

Reg; February 17, 2010, Susp. 

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

Oshtemo, Charter Township of, Kalamazoo County.260736 May 12, 1983, Emerg; May 25, 1984, Reg; 

February 17, 2010, Susp. 

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

Portage, City of, Kalamazoo County ..... 260577 May 20, 1976, Emerg; May 16, 1983, Reg; 

February 17, 2010, Susp. 

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

Richland, Township of, Kalamazoo 

County.

260885 March 31, 1992, Emerg; May 19, 1992, 

Reg; February 17, 2010, Susp. 

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

Ross, Township of, Kalamazoo County 260624 July 24, 1975, Emerg; March 15, 1982, 

Reg; February 17, 2010, Susp. 

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

Vicksburg, Village of, Kalamazoo County.260578 November 10, 1976, Emerg; July 2, 1987, 

Reg; February 17, 2010, Susp. 

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

Ohio: 

WReier-Aviles on DSKGBLS3C1PROD with RULES

5892 Federal Register / Vol. 75, No. 24 / Friday, February 5, 2010 / Rules and Regulations 

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 

Cincinnati, City of, Hamilton County ..... 390210 June 27, 1973, Emerg; October 15, 1982, 

Reg; February 17, 2010, Susp. 

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

Greenhills, Village of, Hamilton County 390219 May 6, 1975, Emerg; September 1, 1993, 

Reg; February 17, 2010, Susp. 

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

Milford, City of, Hamilton, Clermont 

Counties.

390227 April 15, 1975, Emerg; January 16, 1981, 

Reg; February 17, 2010, Susp. 

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

North Hampton, Village of, Clark County.390679 July 3, 1978, Emerg; September 24, 1984, 

Reg; February 17, 2010, Susp. 

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

Wisconsin: 

Biron, Village of, Wood County ............. 555545 April 2, 1971, Emerg; May 25, 1973, Reg; 

February 17, 2010, Susp. 

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

Marshfield, City of, Wood, Marathon 

Counties.

550515 February 18, 1975, Emerg; October 6, 

2009, Reg; February 17, 2010, Susp. 

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

Nekoosa, City of, Wood County ............ 550516 May 16, 1975, Emerg; July 16, 1987, Reg; 

February 17, 2010, Susp. 

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

Pittsville, City of, Wood County ............. 550517 March 10, 1975, Emerg; November 6, 

1991, Reg; February 17, 2010, Susp. 

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

Port Edwards, Village of, Wood County 555572 July 2, 1971, Emerg; April 13, 1973, Reg; 

February 17, 2010, Susp. 

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

Region VI 

New Mexico: 

Gallup, City of, McKinley County .......... 350042 August 6, 1973, Emerg; March 1, 1978, 

Reg; February 17, 2010, Susp. 

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

McKinley County, Unincorporated Areas 350039 May 9, 2007, Emerg; N/A, Reg; February 

17, 2010, Susp. 

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

Zuni, Pueblo of, McKinley, Cibola, 

Catron Counties.

350143 December 21, 1978, Emerg; September 4, 

1987, Reg; February 17, 2010, Susp. 

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

Texas: 

Copperas Cove, City of, Coryell, Bell, 

Lampasas Counties.

480155 July 3, 1975, Emerg; November 21, 1978, 

Reg; February 17, 2010, Susp. 

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

Gatesville, City of, Coryell County ........ 480156 December 18, 1974, Emerg; September 30, 

1981, Reg; February 17, 2010, Susp. 

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

McGregor, City of, Coryell County ........ 480459 April 7, 1975, Emerg; February 1, 1979, 

Reg; February 17, 2010, Susp. 

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

Oglesby, City of, Coryell County ........... 480769 February 5, 2001, Emerg; November 1, 

2007, Reg; February 17, 2010, Susp. 

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

Region VIII 

Wyoming: 

Bear River, Town of, Uinta County ....... 560103 N/A, Emerg; October 12, 2001, Reg; February 17, 2010, Susp. ......do ............... Do. 

Evanston, City of, Uinta County ............ 560054 March 23, 1977, Emerg; January 15, 1988, 

Reg; February 17, 2010, Susp. 

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

Mountain View, Town of, Uinta County 560092 August 25, 1977, Emerg; July 4, 1989, Reg; 

February 17, 2010, Susp. 

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

Uinta County, Unincorporated Areas .... 560053 January 2, 1976, Emerg; December 15, 

1978, Reg; February 17, 2010, Susp. 

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

Region X 

Oregon: 

Douglas County, Unincorporated Areas 410059 December 3, 1971, Emerg; December 15, 

1978, Reg; February 17, 2010, Susp. 

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

Drain, City of, Douglas County .............. 410061 August 1, 1975, Emerg; August 1, 1979, 

Reg; February 17, 2010, Susp. 

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

Elkton, City of, Douglas County ............ 410062 January 14, 1976, Emerg; September 5, 

1979, Reg; February 17, 2010, Susp. 

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

Glendale, City of, Douglas County ........ 410063 February 18, 1975, Emerg; September 29, 

1978, Reg; February 17, 2010, Susp. 

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

Myrtle Creek, City of, Douglas County .. 410064 January 14, 1972, Emerg; February 15, 

1978, Reg; February 17, 2010, Susp. 

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

Oakland, City of, Douglas County ......... 410271 November 1, 1976, Emerg; June 19, 1985, 

Reg; February 17, 2010, Susp. 

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

Reedsport, City of, Douglas County ...... 410065 May 13, 1975, Emerg; April 3, 1984, Reg; 

February 17, 2010, Susp. 

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

Riddle, City of, Douglas County ............ 410066 July 22, 1975, Emerg; August 1, 1979, Reg; 

February 17, 2010, Susp. 

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

Roseburg, City of, Douglas County ....... 410067 December 23, 1971, Emerg; June 1, 1977, 

Reg; February 17, 2010, Susp. 

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

Sutherlin, City of, Douglas County ........ 410275 N/A, Emerg; May 21, 1997, Reg; February 

17, 2010, Susp. 

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

WReier-Aviles on DSKGBLS3C1PROD with RULES

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