[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)] [Rules and Regulations] [Pages 32302-32305] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-13715] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8133] 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. 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. 0 Accordingly, 44 CFR part 64 is amended as follows: PART 64--[AMENDED] 0 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. Sec. 64.6 [Amended] 0 2. The tables published under the authority of Sec. 64.6 are amended as follows: [[Page 32303]] ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ Community cancellation of Current effective map Date certain federal State and location No. sale of flood date assistance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region I Connecticut: Bethel, Town of, Fairfield 090001 July 25, 1975, June 18, 2010......... June 18, 2010. County. Emerg; February 15, 1984, Reg; June 18, 2010, Susp. Bridgeport, City of, 090002 August 7, 1973, *......do............. Do. Fairfield County. Emerg; October 15, 1980, Reg; June 18, 2010, Susp. Danbury, City of, Fairfield 090004 November 19, ......do.............. Do. County. 1971, Emerg; May 2, 1977, Reg; June 18, 2010, Susp. Darien, Town of, Fairfield 090005 January 19, 1973, ......do.............. Do. County. Emerg; January 2, 1981, Reg; June 18, 2010, Susp. Greenwich, Town of, 090008 February 4, 1972, ......do.............. Do. Fairfield County. Emerg; September 30, 1977, Reg; June 18, 2010, Susp. Monroe, Town of, Fairfield 090009 April 24, 1975, ......do.............. Do. County. Emerg; April 17, 1985, Reg; June 18, 2010, Susp. New Fairfield, Town of, 090188 November 17, ......do.............. Do. Fairfield County. 1975, Emerg; February 15, 1984, Reg; June 18, 2010, Susp. Newtown, Town of, Fairfield 090011 August 28, 1975, ......do.............. Do. County. Emerg; June 15, 1979, Reg; June 18, 2010, Susp. Norwalk, City of, Fairfield 090012 March 10, 1972, ......do.............. Do. County. Emerg; April 3, 1978, Reg; June 18, 2010, Susp. Redding, Town of, Fairfield 090141 September 23, ......do.............. Do. County. 1974, Emerg; June 15, 1982, Reg; June 18, 2010, Susp. Shelton, City of, Fairfield 090014 August 31, 1973, ......do.............. Do. County. Emerg; September 29, 1978, Reg; June 18, 2010, Susp. Stamford, City of, 090015 March 10, 1972, ......do.............. Do. Fairfield County. Emerg; January 16, 1981, Reg; June 18, 2010, Susp. Stratford, Town of, 090016 August 18, 1972, ......do.............. Do. Fairfield County. Emerg; June 1, 1978, Reg; June 18, 2010, Susp. Trumbull, Town of, 090017 January 15, 1974, ......do.............. Do. Fairfield County. Emerg; December 4, 1979, Reg; June 18, 2010, Susp. Weston, Town of, Fairfield 090018 September 8, ......do.............. Do. County. 1972, Emerg; October 17, 1978, Reg; June 18, 2010, Susp. Region III Virginia: Nelson County, 510102 October 4, 1973, ......do.............. Do. Unincorporated Areas Emerg; August 1, 1978, Reg; June 18, 2010, Susp. West Virginia: Grantsville, Town of, 540021 April 29, 1975, ......do.............. Do. Calhoun County. Emerg; March 18, 1991, Reg; June 18, 2010, Susp. Calhoun County, 540020 July 8, 1975, ......do.............. Do. Unincorporated Areas. Emerg; March 18, 1991, Reg; June 18, 2010, Susp. Region IV Georgia: Cumming, City of, Forsyth 130236 July 23, 1975, ......do.............. Do. County. Emerg; August 1, 1986, Reg; June 18, 2010, Susp. Duluth, City of, Gwinnett 130098 December 17, ......do.............. Do. County. 1975, Emerg; June 1, 1981, Reg; June 18, 2010, Susp. Forsyth County, 130312 April 12, 1977, ......do.............. Do. Unincorporated Areas. Emerg; July 4, 1989, Reg; June 18, 2010, Susp. Gibson, City of, Glascock 130091 May 7, 1976, ......do.............. Do. County. Emerg; July 17, 1986, Reg; June 18, 2010, Susp. Gwinnett County, 130322 April 9, 1975, ......do.............. Do. Unincorporated Areas. Emerg; June 15, 1981, Reg; June 18, 2010, Susp. Jasper County, 130519 January 24, 1995, ......do.............. Do. Unincorporated Areas. Emerg; May 6, 1996, Reg; June 18, 2010, Susp. Johns Creek, City of, 130678 N/A, Emerg; ......do.............. Do. Fulton County. August 18, 2009, Reg; June 18, 2010, Susp. Monticello, City of, Jasper 130510 October 3, 1994, ......do.............. Do. County. Emerg; June 18, 2010, Reg; June 18, 2010, Susp. Mississippi: Blue Mountain, Town of, 280172 April 29, 1975, ......do.............. Do. Tippah County. Emerg; July 3, 1986, Reg; June 18, 2010, Susp. Magnolia, City of, Pike 280297 December 21, ......do.............. Do. County. 1978, Emerg; July 1, 1987, Reg; June 18, 2010, Susp. McComb, City of, Pike 280132 July 18, 1975, ......do.............. Do. County. Emerg; August 1, 1979, Reg; June 18, 2010, Susp. Pike County, Unincorporated 280278 May 13, 1980, ......do.............. Do. Areas. Emerg; September 15, 1989, Reg; June 18, 2010, Susp. Ripley, City of, Tippah 280173 August 6, 1975, ......do.............. Do. County. Emerg; June 4, 1987, Reg; June 18, 2010, Susp. [[Page 32304]] Tippah County, 280282 October 31, 2008, ......do.............. Do. Unincorporated Areas. Emerg; June 18, 2010, Reg; June 18, 2010, Susp. Walnut, Town of, Tippah 280328 August 10, 2007, ......do.............. Do. County. Emerg; November 1, 2007, Reg; June 18, 2010, Susp. Tennessee: Hancock County, 470226 March 15, 1995, ......do.............. Do. Unincorporated Areas Emerg; September 1, 2002, Reg; June 18, 2010, Susp. Region V Illinois: Gladstone, Village of, 170279 October 25, 1974, ......do.............. Do. Henderson County. Emerg; March 9, 1984, Reg; June 18, 2010, Susp. Gulfport, Village of, 170280 March 12, 1974, ......do.............. Do. Henderson County. Emerg; October 15, 1985, Reg; June 18, 2010, Susp. Henderson County, 170277 April 12, 1974, ......do.............. Do. Unincorporated Areas. Emerg; March 4, 1986, Reg; June 18, 2010, Susp. Lomax, Village of, 170281 July 24, 1974, ......do.............. Do. Henderson County. Emerg; April 3, 1984, Reg; June 18, 2010, Susp. Oquawka, Village of, 170282 April 30, 1974, ......do.............. Do. Henderson County. Emerg; June 1, 1983, Reg; June 18, 2010, Susp. Ohio: London, City of, Madison 390366 January 15, 1976, ......do.............. Do. County. Emerg; July 2, 1987, Reg; June 18, 2010, Susp. Madison County, 390773 March 20, 1978, ......do.............. Do. Unincorporated Areas. Emerg; February 6, 1991, Reg; June 18, 2010, Susp. West Jefferson, Village of, 390638 July 24, 1991, ......do.............. Do. Madison County. Emerg; June 18, 2010, Reg; June 18, 2010, Susp. Girard, City of, Trumbull 390536 August 27, 1975, ......do.............. Do. County. Emerg; July 2, 1980, Reg; June 18, 2010, Susp. Hubbard, City of, Trumbull 390537 June 9, 1975, ......do.............. Do. County. Emerg; August 15, 1978, Reg; June 18, 2010, Susp. McDonald, Village of, 390538 July 7, 1975, ......do.............. Do. Trumbull County. Emerg; August 8, 1979, Reg; June 18, 2010, Susp. Newton Falls, City of, 390539 March 23, 1973, ......do.............. Do. Trumbull County. Emerg; August 1, 1978, Reg; June 18, 2010, Susp. Niles, City of, Trumbull 390540 March 5, 1974, ......do.............. Do. County. Emerg; June 1, 1978, Reg; June 18, 2010, Susp. Orangeville, Village of, 390751 May 28, 1976, ......do.............. Do. Trumbull County. Emerg; September 4, 1987, Reg; June 18, 2010, Susp. Trumbull County, 390535 March 16, 1973, ......do.............. Do. Unincorporated Areas. Emerg; September 29, 1978, Reg; June 18, 2010, Susp. Warren, City of, Trumbull 390541 September 29, ......do.............. Do. County. 1972, Emerg; August 1, 1977, Reg; June 18, 2010, Susp. Region VI Arkansas: Blytheville, City of, 050140 August 16, 1974, ......do.............. Do. Mississippi County. Emerg; September 21, 1982, Reg; June 18, 2010, Susp. Dyess, City of, Mississippi 050143 September 10, ......do.............. Do. County. 1975, Emerg; January 17, 1986, Reg; June 18, 2010, Susp. Joiner, City of, 050145 September 8, ......do.............. Do. Mississippi County. 1975, Emerg; September 21, 1982, Reg; June 18, 2010, Susp. Keiser, City of, 050146 April 3, 1975, ......do.............. Do. Mississippi County. Emerg; September 21, 1982, Reg; June 18, 2010, Susp. Leachville, City of, 050147 April 11, 1975, ......do.............. Do. Mississippi County. Emerg; June 25, 1976, Reg; June 18, 2010, Susp. Luxora, City of, 050148 June 23, 1975, ......do.............. Do. Mississippi County. Emerg; February 1, 1987, Reg; June 18, 2010, Susp. Manila, City of, 050149 June 13, 1975, ......do.............. Do. Mississippi County. Emerg; July 20, 1982, Reg; June 18, 2010, Susp. Marie, Town of, Mississippi 050150 July 15, 1975, ......do.............. Do. County. Emerg; March 22, 1982, Reg; June 18, 2010, Susp. Osceola, City of, 050151 June 5, 1974, ......do.............. Do. Mississippi County. Emerg; June 30, 1976, Reg; June 18, 2010, Susp. Mississippi County, 050452 July 6, 1979, ......do.............. Do. Unincorporated Areas. Emerg; November 1, 1985, Reg; June 18, 2010, Susp. Wilson, City of, 050153 April 24, 1975, ......do.............. Do. Mississippi County. Emerg; June 25, 1976, Reg; June 18, 2010, Susp. Oklahoma: Elmore City, City of, 400374 December 19, ......do.............. Do. Garvin County. 1977, Emerg; July 20, 1982, Reg; June 18, 2010, Susp. Lindsay, City of, Garvin 400245 February 26, ......do.............. Do. County. 1975, Emerg; January 6, 1983, Reg; June 18, 2010, Susp. [[Page 32305]] Maysville, Town of, Garvin 400402 February 27, ......do.............. Do. County. 1978, Emerg; September 30, 1981, Reg; June 18, 2010, Susp. Pauls Valley, City of, 400246 December 9, 1976, ......do.............. Do. Garvin County. Emerg; September 17, 1980, Reg; June 18, 2010, Susp. Stratford, Town of, Garvin 400416 January 26, 1978, ......do.............. Do. County. Emerg; November 15, 1985, Reg; June 18, 2010, Susp. Region VII Nebraska: Adams, Village of, Gage 310089 November 7, 1975, ......do.............. Do. County. Emerg; March 18, 1985, Reg; June 18, 2010, Susp. Gage County, Unincorporated 310088 July 27, 1984, ......do.............. Do. Areas. Emerg; May 1, 1990, Reg; June 18, 2010, Susp. Odell, Village of, Gage 310094 August 26, 1975, ......do.............. Do. County. Emerg; June 1, 1987, Reg; June 18, 2010, Susp. Region VIII Wyoming: Cody, City of, Park County. 560038 April 9, 1975, ......do.............. Do. Emerg; February 2, 1984, Reg; June 18, 2010, Susp. Meeteetse, Town of, Park 560039 September 29, ......do.............. Do. County. 1975, Emerg; October 1, 1986, Reg; June 18, 2010, Susp. Park County, Unincorporated 560085 March 24, 1983, ......do.............. Do. Areas. Emerg; August 1, 1987, Reg; June 18, 2010, Susp. Powell, City of, Park 560040 July 23, 1975, ......do.............. Do. County. Emerg; July 15, 1985, Reg; June 18, 2010, Susp. ---------------------------------------------------------------------------------------------------------------- * do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: May 28, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation. [FR Doc. 2010-13715 Filed 6-7-10; 8:45 am] BILLING CODE 9110-12-P