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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-8119]
 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.
                    ( print page 6121) *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 II**New York:Cincinnatus, Town of, Cortland County
360177
July 7, 1975, Emerg; May 15, 1985, Reg;  March 2, 2010, Susp.
March 2, 2010
March 2, 2010Cortland, City of, Cortland County
360178
February 3, 1975, Emerg; August 15, 1983, Reg; March 2, 2010, Susp.
......do*
Do.Cortlandville, Town of, Cortland County
360179
June 24, 1975, Emerg; August 15, 1983, Reg;  March 2, 2010, Susp.
......do*
Do.Cuyler, Town of, Cortland County
361386
June 6, 1977, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Freetown, Town of, Cortland County
361325
June 19, 2007, Emerg; N/A, Reg; March 2, 2010, Susp.
......do*
Do.Harford, Town of, Cortland County
360180
June 26, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Homer, Town of, Cortland County
360181
January 15, 1975, Emerg; August 15, 1983, Reg;  March 2, 2010, Susp.
......do*
Do.Homer, Village of, Cortland County
360182
October 10, 1974, Emerg; August 15, 1983, Reg; March 2, 2010, Susp.
......do*
Do.Lapeer, Town of, Cortland County
361326
November 4, 1976, Emerg; July 20, 1984, Reg;  March 2, 2010, Susp.
......do*
Do.Marathon, Village of, Cortland County
360183
November 21, 1974, Emerg; October 15, 1982, Reg; March 2, 2010, Susp.
......do*
Do.McGraw, Village of, Cortland County
360184
March 12, 1975, Emerg; December 1, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Preble, Town of, Cortland County
360185
June 19, 1975, Emerg; May 15, 1985, Reg;  March 2, 2010, Susp.
......do*
Do.Scott, Town of, Cortland County
361328
December 17, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Solon, Town of, Cortland County
361329
February 2, 1976, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Taylor, Town of, Cortland County
361330
May 19, 1977, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Truxton, Town of, Cortland County
360186
September 12, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Virgil, Town of, Cortland County
360187
March 31, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Willet, Town of, Cortland County
361331
January 21, 1977, Emerg; July 20, 1984, Reg; March 2, 2010, Susp.
......do*
Do.**Region II**West Virginia: Franklin, Town of, Pendleton County
540154
July 2, 1975, Emerg; September 1, 1987, Reg; March 2, 2010, Susp.
......do*
Do.**Region IV**Mississippi:Forrest County, Unincorporated Areas
280052
March 6, 1975, Emerg; April 2, 1990, Reg; March 2, 2010, Susp.
......do*
Do.( print page 6122)Hattiesburg, City of, Forrest and Lamar Counties
280053
April 3, 1970, Emerg; April 3, 1970, Reg; March 2, 2010, Susp.
......do*
Do.Lamar County, Unincorporated Areas
280304
April 16, 1979, Emerg; April 2, 1990, Reg;  March 2, 2010, Susp.
......do*
Do.Lumberton, City of, Lamar and Pearl River Counties
280337
N/A, Emerg; February 26, 2009, Reg; March 2, 2010, Susp.
......do*
Do.Petal, City of, Forrest County
280260
September 27, 1974, Emerg; April 15, 1980, Reg; March 2, 2010, Susp.
......do*
Do.Purvis, Town of, Lamar County
280318
May 14, 1980, Emerg; March 1, 1987, Reg;  March 2, 2010, Susp.
......do*
Do.Sumrall, Town of, Lamar County
280326
April 22, 1983, Emerg; August 19, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Tennessee: Fentress County, Unincorporated Areas
470343
November 30, 2006, Emerg; April 1, 2007, Reg;  March 2, 2010, Susp.
......do*
Do.**Region V**Ohio:Camden, Village of, Preble County
390461
June 28, 1984, Emerg; June 28, 1984, Reg;  March 2, 2010, Susp.
......do*
Do.Coshocton, City of, Coshocton County
390089
July 24, 1975, Emerg; December 18, 1986, Reg; March 2, 2010, Susp.
......do*
Do.Coshocton County, Unincorporated Areas
390765
February 28, 1977, Emerg; February 4, 1987, Reg; March 2, 2010, Susp.
......do*
Do.Eaton, City of, Preble County
390462
February 14, 1975, Emerg; April 15, 1981, Reg; March 2, 2010, Susp.
......do*
Do.New Paris, Village of, Preble County
390463
March 3, 1975, Emerg; April 15, 1981, Reg; March 2, 2010, Susp.
......do*
Do.Preble County, Unincorporated Areas
390460
February 12, 1982, Emerg; February 12, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Warsaw, Village of, Coshocton County
390733
August 26, 1977, Emerg; September 1, 1987, Reg;  March 2, 2010, Susp.
......do*
Do.West Alexandria, Village of, Preble County
390905
N/A, Emerg; May 21, 2001, Reg;  March 2, 2010, Susp.
......do*
Do.West Lafayette, Village of, Coshocton County
390814
August 26, 1977, Emerg; March 22, 1982, Reg;  March 2, 2010, Susp.
......do*
Do.Wisconsin:Bloomer, City of, Chippewa County
550042
March 20, 1975, Emerg; August 19, 1991, Reg;  March 2, 2010, Susp.
......do*
Do.Cadott, Village of, Chippewa County
550043
January 23, 1975, Emerg; March 5, 1996, Reg;  March 2, 2010, Susp.
......do*
Do.Chippewa County, Unincorporated Areas
555549
March 26, 1971, Emerg; June 22, 1973, Reg;  March 2, 2010, Susp.
......do*
Do.Chippewa Falls, City of, Chippewa County
550044
April 16, 1971, Emerg; September 1, 1977, Reg;  March 2, 2010, Susp.
......do*
Do.Cornell, City of, Chippewa County
550045
September 25, 1974, Emerg; September 28, 1990, Reg;  March 2, 2010, Susp.
......do*
Do.Eau Claire, City of, Chippewa and Eau Claire Counties
550128
March 19, 1971, Emerg; June 1, 1977, Reg; March 2, 2010, Susp.
......do*
Do.Stanley, City of, Chippewa and Clark Counties
550047
April 1, 1975, Emerg; September 18, 1985, Reg; March 2, 2010, Susp.
......do*
Do.**Region VI**Arkansas:Atkins, City of, Pope County
050304
August 7, 1975, Emerg; July 6, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Dover, City of, Pope County
050321
May 24, 1976, Emerg; March 15, 1983, Reg; March 2, 2010, Susp.
......do*
Do.London, Town of, Pope County
050340
September 17, 1975, Emerg; July 13, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Pope County, Unincorporated Areas
050458
April 8, 2005, Emerg; July 1, 2009, Reg; March 2, 2010, Susp.
......do*
Do.Pottsville, Town of, Pope County
050277
August 26, 1976, Emerg; April 15, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Russellville, City of, Pope County
050178
July 17, 1970, Emerg; July 18, 1970, Reg; March 2, 2010, Susp.
......do*
Do.Louisiana:Cotton Valley, Town of, Webster Parish
220322
December 21, 1978, Emerg; October 15, 1985, Reg; March 2, 2010, Susp.
......do*
Do.Cullen, Town of, Webster Parish
220235
April 30, 1975, Emerg; February 12, 1979, Reg; March 2, 2010, Susp.
......do*
Do.( print page 6123)Doyline, Village of, Webster Parish
220236
July 21, 1978, Emerg; September 18, 1979, Reg; March 2, 2010, Susp.
......do*
Do.Minden, City of, Webster Parish
220237
December 17, 1974, Emerg; July 18, 1985, Reg;  March 2, 2010, Susp.
......do*
Do.Sibley, Village of, Webster Parish
220258
May 16, 1980, Emerg; July 18, 1985, Reg;  March 2, 2010, Susp.
......do*
Do.Springhill, City of, Webster Parish
220238
March 12, 1975, Emerg; June 15, 1981, Reg;  March 2, 2010, Susp.
......do*
Do.**Region X**Oregon:Amity, City of, Yamhill County
410250
May 20, 1975, Emerg; December 1, 1981, Reg; March 2, 2010, Susp.
......do*
Do.Carlton, City of, Yamhill County
410251
May 6, 1975, Emerg; June 30, 1976, Reg; March 2, 2010, Susp.
......do*
Do.Dayton, City of, Yamhill County
410252
June 4, 1975, Emerg; June 1, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Dundee, City of, Yamhill County
410253
April 23, 1975, Emerg; March 1, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Lafayette, City of, Yamhill County
410254
May 20, 1975, Emerg; June 15, 1982, Reg;  March 2, 2010, Susp.
......do*
Do.McMinnville, City of, Yamhill County
410255
July 22, 1975, Emerg; December 1, 1982, Reg;  March 2, 2010, Susp.
......do*
Do.Newberg, City of, Yamhill County
410256
August 5, 1974, Emerg; March 1, 1982, Reg; March 2, 2010, Susp.
......do*
Do.Sheridan, City of, Yamhill County
410257
January 21, 1975, Emerg; August 1, 1980, Reg;  March 2, 2010, Susp.
......do*
Do.Willamina, City of, Yamhill County
410258
January 21, 1975, Emerg; March 15, 1982, Reg;  March 2, 2010, Susp.
......do*
Do.Yamhill, City of, Yamhill County
410259
June 30, 1975, Emerg; March 1, 1982, Reg;  March 2, 2010, Susp.
......do*
Do.Yamhill County, Unincorporated Areas
410249
May 28, 1974, Emerg; September 30, 1983, Reg;  March 2, 2010, Susp.
......do*
Do.* do=Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Dated: February 2, 2010. Sandra K. Knight, Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.


[FR Doc. 2010-2615 Filed 2-5-10; 8:45 am] BILLING CODE 9110-12-P