[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Rules and Regulations]
[Pages 38749-38752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16243]
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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-8137]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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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
[[Page 38750]]
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:
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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
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Region IV
Alabama:
Hurtsboro, Town of, Russell 010185 January 20, 1976, July 22, 2010......... July 22, 2010.
County. Emerg; January
6, 1982, Reg;
July 22, 2010,
Susp.
Phenix City, City of, Lee 010184 May 24, 1976, ......do*............. Do.
and Russell Counties. Emerg; September
16, 1981, Reg;
July 22, 2010,
Susp.
Georgia:
Claxton, City of, Evans 130210 December 19, ......do.............. Do.
County. 1974, Emerg;
August 19, 1986,
Reg; July 22,
2010, Susp.
Hagan, City of, Evans 130311 August 7, 2009, ......do.............. Do.
County. Emerg; July 22,
2010, Reg; July
22, 2010, Susp.
Hilltonia, Town of, Screven 130385 January 30, 1990, ......do.............. Do.
County. Emerg; July 1,
1991, Reg; July
22, 2010, Susp.
Oconee, City of, Washington 130415 June 25, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; July
22, 2010, Susp.
Rocky Ford, Town of, 130162 July 22, 1992, ......do.............. Do.
Screven County. Emerg; May 1,
1994, Reg; July
22, 2010, Susp.
Sandersville, City of, 130228 August 14, 1975, ......do.............. Do.
Washington County. Emerg; September
1, 1986, Reg;
July 22, 2010,
Susp.
Tennille, City of, 130416 July 16, 1975, ......do.............. Do.
Washington County. Emerg; July 17,
1986, Reg; July
22, 2010, Susp.
Warren County, 135262 March 27, 2006, ......do.............. Do.
Unincorporated Areas. Emerg; July 22,
2010, Reg; July
22, 2010, Susp.
Warrenton, City of, Warren 130187 June 23, 1975, ......do.............. Do.
County. Emerg; July 23,
1982, Reg; July
22, 2010, Susp.
Wilkes County, 135263 March 25, 2002, ......do.............. Do.
Unincorporated Areas. Emerg; July 22,
2010, Reg; July
22, 2010, Susp.
Kentucky:
Guthrie, City of, Todd 210214 June 26, 1975, ......do.............. Do.
County. Emerg; April 30,
1986, Reg; July
22, 2010, Susp.
Pulaski County, 210197 May 29, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; July 16,
1990, Reg; July
22, 2010, Susp.
South Carolina:
Allendale County, 450201 N/A, Emerg; June ......do.............. Do.
Unincorporated Areas. 17, 1986, Reg;
July 22, 2010,
Susp.
Fairfax, Town of, Allendale 450010 July 19, 1995, ......do.............. Do.
County. Emerg; July 1,
2003, Reg; July
22, 2010, Susp.
Sycamore, Town of, 450011 June 27, 2000, ......do.............. Do.
Allendale County. Emerg; February
1, 2002, Reg;
July 22, 2010,
Susp.
Ulmer, Town of, Allendale 450012 August 19, 1976, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; July
22, 2010, Susp.
Region V
Ohio:
Darbyville, Village of, 390712 August 25, 1981, ......do.............. Do.
Pickaway County. Emerg; August
16, 1988, Reg;
July 22, 2010,
Susp.
[[Page 38751]]
Dennison, Village of, 390542 July 11, 1975, ......do.............. Do.
Tuscarawas County. Emerg; December
18, 1986, Reg;
July 22, 2010,
Susp.
Dover, City of, Tuscarawas 390543 May 27, 1975, ......do.............. Do.
County. Emerg; July 16,
1987, Reg; July
22, 2010, Susp.
Frankfort, Village of, Ross 390484 July 11, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
July 22, 2010,
Susp.
New Holland, Village of, 390448 July 25, 1975, ......do.............. Do.
Fayette and Pickaway Emerg; January
Counties. 18, 1980, Reg;
July 22, 2010,
Susp.
New Philadelphia, City of, 390545 July 2, 1975, ......do.............. Do.
Tuscarawas County. Emerg; January
2, 1987, Reg;
July 22, 2010,
Susp.
Newcomerstown, Village of, 390544 February 5, 1975, ......do.............. Do.
Tuscarawas County. Emerg; January
2, 1987, Reg;
July 22, 2010,
Susp.
Port Washington, Village 390664 June 12, 1975, ......do.............. Do.
of, Tuscarawas County. Emerg; January
15, 1988, Reg;
July 22, 2010,
Susp.
South Bloomfield, Village 390449 August 7, 1974, ......do.............. Do.
of, Pickaway County. Emerg; June 15,
1979, Reg; July
22, 2010, Susp.
Williamsport, Village of, 390866 April 20, 1979, ......do.............. ......do
Pickaway County. Emerg; November
23, 1984, Reg;
July 22, 2010,
Susp.
Zoar, Village of, 390752 April 7, 1977, ......do.............. Do.
Tuscarawas County. Emerg; September
4, 1987, Reg;
July 22, 2010,
Susp.
Wisconsin:
Appleton, City of, Calumet 555542 April 23, 1971, ......do.............. Do.
and Outagamie Counties. Emerg; April 6,
1973, Reg; July
22, 2010, Susp.
Bear Creek, Village of, 550526 August 16, 1978, ......do.............. Do.
Outagamie County. Emerg; August
19, 1986, Reg;
July 22, 2010,
Susp.
Birnamwood, Village of, 550413 May 2, 1975, ......do.............. Do.
Marathon and Shawano Emerg; August
Counties. 19, 1985, Reg;
July 22, 2010,
Susp.
Black Creek, Village of, 550584 November 13, ......do.............. Do.
Outagamie County. 1975, Emerg;
March 2, 1981,
Reg; July 22,
2010, Susp.
Brokaw, Village of, 550247 January 16, 1975, ......do.............. Do.
Marathon County. Emerg; June 1,
1988, Reg; July
22, 2010, Susp.
Hatley, Village of, 550251 June 2, 1975, ......do.............. Do.
Marathon County. Emerg; September
27, 1985, Reg;
July 22, 2010,
Susp.
Hortonville, Village of, 550529 April 17, 1975, ......do.............. Do.
Outagamie County. Emerg; July 2,
1981, Reg; July
22, 2010, Susp.
Kaukauna, City of, 550305 July 22, 1975, ......do.............. Do.
Outagamie County. Emerg; July 16,
1981, Reg; July
22, 2010, Susp.
Kronenwetter, Village of, 550193 N/A, Emerg; ......do.............. Do.
Marathon County. October 7, 2008,
Reg; July 22,
2010, Susp.
Marathon City, Village of, 550252 June 24, 1975, ......do.............. Do.
Marathon County. Emerg; August
15, 1980, Reg;
July 22, 2010,
Susp.
Marathon County, 550245 April 9, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1979, Reg;
July 22, 2010,
Susp.
Mosinee, City of, Marathon 555567 May 7, 1971, ......do.............. Do.
County. Emerg; December
16, 1973, Reg;
July 22, 2010,
Susp.
Outagamie County, 550302 January 14, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1977, Reg;
July 22, 2010,
Susp.
Rothschild, Village of, 555577 April 2, 1971, ......do.............. Do.
Marathon County. Emerg; May 11,
1973, Reg; July
22, 2010, Susp.
Schofield, City of, 555579 April 16, 1971, ......do.............. Do.
Marathon County. Emerg; July 13,
1973, Reg; July
22, 2010, Susp.
Seymour, City of, Outagamie 550534 February 18, ......do.............. Do.
County. 1975, Emerg;
November 9,
1979, Reg; July
22, 2010, Susp.
Stratford, Village of, 550256 March 24, 1975, ......do.............. Do.
Marathon County. Emerg; May 1,
1987, Reg; July
22, 2010, Susp.
Wrightstown, Village of, 550025 September 29, ......do.............. Do.
Brown and Outagamie 1976, Emerg; May
Counties. 19, 1981, Reg;
July 22, 2010,
Susp.
Region VI
Louisiana:
Elton, Town of, Jefferson 220096 May 6, 1975, ......do.............. Do.
Davis Parish. Emerg; February
3, 1982, Reg;
July 22, 2010,
Susp.
Independence, Town of, 220209 July 25, 1975, ......do.............. Do.
Tangipahoa Parish. Emerg; July 5,
1977, Reg; July
22, 2010, Susp.
Tangipahoa Parish, 220206 April 18, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
2, 1983, Reg;
July 22, 2010,
Susp.
Tickfaw, City of, 220214 July 30, 1975, ......do.............. Do.
Tangipahoa Parish. Emerg; June 28,
1977, Reg; July
22, 2010, Susp.
Welsh, Town of, Jefferson 220100 December 5, 1974, ......do.............. Do.
Davis Parish. Emerg; July 16,
1981, Reg; July
22, 2010, Susp.
Oklahoma:
[[Page 38752]]
Canadian, Town of, 400272 February 25, ......do.............. Do.
Pittsburg County. 1977, Emerg; May
15, 1985, Reg;
July 22, 2010,
Susp.
Haileyville, City of, 400167 June 25, 1976, ......do.............. Do.
Pittsburg County. Emerg; August 5,
1985, Reg; July
22, 2010, Susp.
Hartshorne, City of, 400387 November 23, ......do.............. Do.
Pittsburg County. 1976, Emerg;
August 5, 1985,
Reg; July 22,
2010, Susp.
Idabel, City of, McCurtain 400108 August 15, 1975, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; July
22, 2010, Susp.
Krebs, City of, Pittsburg 400169 May 19, 1978, ......do.............. Do.
County. Emerg; August 5,
1985, Reg; July
22, 2010, Susp.
Pittsburg, Town of, 400171 April 14, 1976, ......do.............. Do.
Pittsburg County. Emerg; October
15, 1985, Reg;
July 22, 2010,
Susp.
Pittsburg County, 400494 November 26, ......do.............. Do.
Unincorporated Areas. 2002, Emerg;
November 1,
2007, Reg; July
22, 2010, Susp.
Quinton, Town of, Pittsburg 400172 August 11, 1975, ......do.............. Do.
County. Emerg; August 5,
1985, Reg; July
22, 2010, Susp.
Wright City, City of, 400109 November 29, ......do.............. Do.
McCurtain County. 1976, Emerg; May
17, 1989, Reg;
July 22, 2010,
Susp.
Region VII
Missouri:
Hannibal, City of, Marion 290223 August 13, 1971, ......do.............. Do.
and Ralls Counties. Emerg; August 1,
1978, Reg; July
22, 2010, Susp.
Marion County, 290222 June 28, 1973, Do................... Do.
Unincorporated Areas. Emerg; May 16,
1977, Reg; July
22, 2010, Susp.
Palmyra, City of, Marion 290224 N/A, Emerg; March ......do.............. Do.
County. 4, 2009, Reg;
July 22, 2010,
Susp.
Region VIII
Montana:
Custer County, 300147 August 7, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
July 22, 2010,
Susp.
Denton, Town of, Fergus 300020 February 12, ......do.............. Do.
County. 1979, Emerg;
July 19, 1982,
Reg; July 22,
2010, Susp.
Fergus County, 300019 April 13, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1982, Reg;
July 22, 2010,
Susp.
Lewistown, City of, Fergus 300022 July 19, 1974, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; July
22, 2010, Susp.
Miles City, City of, Custer 300014 May 29, 1975, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
July 22, 2010,
Susp.
Moore, Town of, Fergus 300100 May 11, 1977, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; July
22, 2010, Susp.
South Dakota:
Sanborn County, 460074 April 21, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; November
15, 1985, Reg;
July 22, 2010,
Susp.
Woonsocket, City of, 460075 May 28, 1975, ......do.............. Do.
Sanborn County. Emerg; November
15, 1985, Reg;
July 22, 2010,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 22, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-16243 Filed 7-2-10; 8:45 am]
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