[Federal Register Volume 75, Number 144 (Wednesday, July 28, 2010)] [Rules and Regulations] [Pages 44152-44155] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2010-18449] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8139] 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 [[Page 44153]] 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: ---------------------------------------------------------------------------------------------------------------- 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 IV Alabama: Eutaw, City of, Greene 010093 July 23, 1974, Aug. 5, 2010.......... Aug. 5, 2010 County. Emerg; August 19, 1985, Reg; August 5, 2010, Susp. Greene County, 010091 April 5, 1976, ......*do............. Do. Unincorporated Areas. Emerg; April 16, 1990, Reg; August 5, 2010, Susp. Georgia: Brooklet, Town of, Bulloch 130020 September 10, ......do.............. Do. County. 1975, Emerg; July 3, 1986, Reg; August 5, 2010, Susp. Jenkins County, 130118 January 16, 1976, ......do.............. Do. Unincorporated Areas. Emerg; September 29, 1989, Reg; August 5, 2010, Susp. Statesboro, City of, 130021 January 20, 1975, ......do.............. Do. Bulloch County. Emerg; May 15, 1980, Reg; August 5, 2010, Susp. Unified Government of 130379 October 17, 1986, ......do.............. Do. Georgetown, Quitman County. Emerg; September 1, 1987, Reg; August 5, 2010, Susp. Kentucky: Elliott County, 210372 May 8, 1996, ......do.............. Do. Unincorporated Areas. Emerg; August 5, 2010, Reg; August 5, 2010, Susp. [[Page 44154]] Inez, City of, Martin 210362 May 19, 1988, ......do.............. Do. County. Emerg; May 19, 1988, Reg; August 5, 2010, Susp. Martin County, 210166 April 14, 1977, ......do.............. Do. Unincorporated Areas. Emerg; February 19, 1986, Reg; August 5, 2010, Susp. Nicholas County, 210181 April 17, 1975, ......do.............. Do. Unincorporated Areas. Emerg; September 27, 1985, Reg; August 5, 2010, Susp. Warfield, Town of, Martin 210364 N/A, Emerg; ......do.............. Do. County. September 4, 1986, Reg; August 5, 2010, Susp. Region V Illinois: Browning, Village of, 170606 June 12, 1974, ......do.............. Do. Schuyler County. Emerg; August 16, 1982, Reg; August 5, 2010, Susp. DuQuoin, City of, Perry 170539 June 13, 1975, ......do.............. Do. County. Emerg; July 2, 1987, Reg; August 5, 2010, Susp. Perry County, 170538 September 13, ......do.............. Do. Unincorporated Areas. 1996, Emerg; August 5, 2010, Reg; August 5, 2010, Susp. Pinckneyville, City of, 170540 July 2, 1975, ......do.............. Do. Perry County. Emerg; September 16, 1982, Reg; August 5, 2010, Susp. Region VI Louisiana: Arnaudville, Town of, St. 220166 March 4, 1974, ......do.............. Do. Landry and St. Martin Emerg; November Parishes. 1, 1985, Reg; August 5, 2010, Susp. Cankton, Village of, St. 220167 March 5, 1975, ......do.............. Do. Landry Parish. Emerg; June 25, 1976, Reg; August 5, 2010, Susp. Eunice, City of, Acadia and 220168 June 5, 1975, ......do.............. Do. St. Landry Parishes. Emerg; June 1, 1981, Reg; August 5, 2010, Susp. Grand Coteau, Town of, St. 220169 September 26, ......do.............. Do. Landry Parish. 1975, Emerg; June 30, 1976, Reg; August 5, 2010, Susp. Krotz Springs, Town of, St. 220170 May 30, 1973, ......do.............. Do. Landry Parish. Emerg; January 15, 1988, Reg; August 5, 2010, Susp. Leonville, Town of, St. 220171 May 28, 1975, ......do.............. Do. Landry Parish. Emerg; November 9, 1982, Reg; August 5, 2010, Susp. Melville, Town of, St. 220172 May 31, 1973, ......do.............. Do. Landry Parish. Emerg; July 3, 1978, Reg; August 5, 2010, Susp. Opelousas, City of, St. 220173 December 12, ......do.............. Do. Landry Parish. 1974, Emerg; August 3, 1981, Reg; August 5, 2010, Susp. Palmetto, Village of, St. 220174 April 12, 1974, ......do.............. Do. Landry Parish. Emerg; April 15, 1986, Reg; August 5, 2010, Susp. Port Barre, Town of, St. 220175 February 28, ......do.............. Do. Landry Parish. 1974, Emerg; April 15, 1981, Reg; August 5, 2010, Susp. St. Landry Parish, 220165 May 15, 1973, ......do.............. Do. Unincorporated Areas. Emerg; May 3, 1982, Reg; August 5, 2010, Susp. Sunset, Town of, St. Landry 220176 April 24, 1975, ......do.............. Do. Parish. Emerg; March 30, 1982, Reg; August 5, 2010, Susp. Washington, Town of, St. 220177 May 1, 1975, ......do.............. Do. Landry Parish. Emerg; May 1, 1985, Reg; August 5, 2010, Susp. New Mexico: Aztec, City of, San Juan 350065 May 9, 1974, ......do.............. Do. County. Emerg; July 15, 1988, Reg; August 5, 2010, Susp. Bloomfield, City of, San 350066 June 19, 1975, ......do.............. Do. Juan County. Emerg; August 8, 1978, Reg; August 5, 2010, Susp. Clovis, City of, Curry 350010 May 1, 1974, ......do.............. Do. County. Emerg; February 4, 1981, Reg; August 5, 2010, Susp. Curry County, 350127 February 11, ......do.............. Do. Unincorporated Areas. 2005, Emerg; August 5, 2010, Reg; August 5, 2010, Susp. Farmington, City of, San 350067 August 30, 1974, ......do.............. Do. Juan County. Emerg; September 29, 1978, Reg; August 5, 2010, Susp. Oklahoma: Afton, Town of, Ottawa 400155 March 30, 1976, ......do.............. Do. County. Emerg; January 3, 1986, Reg; August 5, 2010, Susp. Commerce, City of, Ottawa 400156 February 7, 1983, ......do.............. Do. County. Emerg; July 18, 1985, Reg; August 5, 2010, Susp. Delaware County, 400502 August 2, 1988, ......do.............. Do. Unincorporated Areas. Emerg; March 1, 1990, Reg; August 5, 2010, Susp. Fairland, Town of, Ottawa 400377 June 29, 1990, ......do.............. Do. County. Emerg; January 1, 1992, Reg; August 5, 2010, Susp. Grove, City of, Delaware 400385 April 12, 1976, ......do.............. Do. County. Emerg; February 18, 1981, Reg; August 5, 2010, Susp. Jay, Town of, Delaware 400057 August 5, 1976, ......do.............. Do. County. Emerg; July 5, 1978, Reg; August 5, 2010, Susp. [[Page 44155]] Miami, City of, Ottawa 400157 November 29, ......do.............. Do. County. 1974, Emerg; December 16, 1980, Reg; August 5, 2010, Susp. Ottawa County, 400154 November 19, ......do.............. Do. Unincorporated Areas. 1980, Emerg; December 2, 1988, Reg; August 5, 2010, Susp. Picher, City of, Ottawa 400159 May 25, 1976, ......do.............. Do. County. Emerg; September 21, 1982, Reg; August 5, 2010, Susp. Wyandotte, Town of, Ottawa 400161 July 12, 1976, ......do.............. Do. County. Emerg; December 17, 1987, Reg; August 5, 2010, Susp. Region VII Kansas: Baldwin City, City of, 200088 June 23, 1975, ......do.............. Do. Douglas County. Emerg; January 2, 1980, Reg; August 5, 2010, Susp. Douglas County, 200087 May 30, 1975, ......do.............. Do. Unincorporated Areas. Emerg; March 2, 1981, Reg; August 5, 2010, Susp. Region VIII South Dakota: Clay County, Unincorporated 460259 May 16, 1986, ......do.............. Do. Areas. Emerg; April 1, 1987, Reg; August 5, 2010, Susp. Vermillion, City of, Clay 460015 June 24, 1975, ......do.............. Do. County. Emerg; January 30, 1984, Reg; August 5, 2010, Susp. Wyoming: Jackson, Town of, Teton 560052 August 8, 1975, ......do.............. Do. County. Emerg; May 4, 1989, Reg; August 5, 2010, Susp. Teton County, 560094 April 19, 1978, ......do.............. Do. Unincorporated Areas. Emerg; May 4, 1989, Reg; August 5, 2010, Susp. Region IX Nevada: Caliente, City of, Lincoln 320015 August 22, 1975, ......do.............. Do. County. Emerg; June 1, 1982, Reg; August 5, 2010, Susp. Lincoln County, 320014 December 12, ......do.............. Do. Unincorporated Areas. 1983, Emerg; March 1, 1984, Reg; August 5, 2010, Susp. ---------------------------------------------------------------------------------------------------------------- *do =Ditto. Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension. Dated: July 15, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation. [FR Doc. 2010-18449 Filed 7-27-10; 8:45 am] BILLING CODE 9110-12-P