[Federal Register Volume 75, Number 156 (Friday, August 13, 2010)]
[Rules and Regulations]
[Pages 49417-49420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20006]
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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-8141]
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
[[Page 49418]]
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:
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Effective date authorization/ Date certain Federal assis-
State and location Community cancellation of sale of flood insurance Current effective map date tance no longer available
No. in community in SFHAs
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Region IV
Alabama:
Kinston, Town of, Coffee County 010237 October 8, 1975, Emerg; December 30, August 19, 2010.............. August 19, 2010.
1977, Reg; August 19, 2010, Susp.
New Brockton, Town of, Coffee 010238 January 12, 1976, Emerg; July 22, 1977, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Georgia:
Abbeville, City of, Dodge and 130195 N/A, Emerg; May 26, 1998, Reg; August ......do..................... Do.
Wilcox Counties. 19, 2010, Susp.
Alamo, City of, Wheeler County. 130507 September 22, 1994, Emerg; August 19, ......do..................... Do.
2010, Reg; August 19, 2010, Susp.
Centralhatchee, Town of, Heard 130257 October 6, 1986, Emerg; May 1, 1988, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Dodge County, Unincorporated 130523 N/A, Emerg; July 9, 1998, Reg; August ......do..................... Do.
Areas. 19, 2010, Susp.
Franklin, City of, Heard County 130106 July 7, 1975, Emerg; July 17, 1986, Reg; ......do..................... Do.
August 19, 2010, Susp.
Glenwood, City of, Wheeler 130419 January 6, 2004, Emerg; August 1, 2004, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Hazlehurst, City of, Jeff Davis 130114 January 14, 1974, Emerg; August 1, 1979, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Heard County, Unincorporated 130105 April 11, 1985, Emerg; August 1, 1986, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Jeff Davis County, 130113 N/A, Emerg; February 14, 2005, Reg; ......do..................... Do.
Unincorporated Areas. August 19, 2010, Susp.
[[Page 49419]]
Lumber City, City of, Telfair 130167 September 5, 1975, Emerg; September 29, ......do..................... Do.
County. 1986, Reg; August 19, 2010, Susp.
Lyons, City of, Toombs County.. 130223 June 2, 1976, Emerg; May 15, 1986, Reg; ......do..................... Do.
August 19, 2010, Susp.
Montgomery County, 130139 October 3, 1994, Emerg; August 19, 2010, ......do..................... Do.
Unincorporated Areas. Reg; August 19, 2010, Susp.
Mount Vernon, City of, 130140 July 25, 1975, Emerg; August 19, 1986, ......do..................... Do.
Montgomery County. Reg; August 19, 2010, Susp.
Toombs County, Unincorporated 130173 N/A, Emerg; October 31, 1991, Reg; ......do..................... Do.
Areas. August 19, 2010, Susp.
Treutlen County, Unincorporated 130175 January 22, 1999, Emerg; August 19, ......do..................... Do.
Areas. 2010, Reg; August 19, 2010, Susp.
Uvalda, City of, Montgomery 130361 February 28, 1980, Emerg; July 9, 1982, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Wheeler County, Unincorporated 130190 October 11, 1994, Emerg; August 19, ......do..................... Do.
Areas. 2010, Reg; August 19, 2010, Susp.
Wilcox County, Unincorporated 130524 N/A, Emerg; April 16, 1998, Reg; August ......do..................... Do.
Areas. 19, 2010, Susp.
Kentucky: Jamestown, City of, 210206 September 5, 1975, Emerg; June 25, 1976, ......do..................... Do.
Russell County. Reg; August 19, 2010, Susp.
Mississippi:
Bruce, City of................. 280026 February 5, 1975, Emerg; June 18, 1987, ......do..................... Do.
Calhoun County................. Reg; August 19, 2010, Susp.
Calhoun City, City of, Calhoun 280027 March 19, 1975, Emerg; June 18, 1987, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Calhoun County, Unincorporated 280288 March 28, 1975, Emerg; January 3, 1990, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Derma, Town of, Calhoun County. 280217 September 21, 1979, Emerg; September 1, ......do..................... Do.
1987, Reg; August 19, 2010, Susp.
Pittsboro, Town of, Calhoun 280218 March 19, 1975, Emerg; August 5, 1985, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Pontotoc, City of, Pontotoc 280348 August 14, 2000, Emerg; August 19, 2010, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Pontotoc County, Unincorporated 280234 July 22, 1977, Emerg; February 1, 1987, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Sherman, Town of, Lee, Pontotoc 280296 December 21, 1978, Emerg; September 4, ......do..................... Do.
and Union Counties. 1985, Reg; August 19, 2010, Susp.
Vardaman, Town of, Calhoun 280327 N/A, Emerg; November 11, 1994, Reg; ......do..................... Do.
County. August 19, 2010, Susp.
Region V
Ohio:
Clarington, Village of, Monroe 390405 July 7, 1975, Emerg; November 16, 1983, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Monroe County, Unincorporated 390404 February 11, 1977, Emerg; February 15, ......do..................... Do.
Areas. 1984, Reg; August 19, 2010, Susp.
Wisconsin:
Durand, City of................ 550320 April 13, 1973, Emerg; June 1, 1977, ......do..................... Do.
Pepin County................... Reg; August 19, 2010, Susp.
Pepin, Village of, Pepin County 555569 April 23, 1971, Emerg; May 26, 1977, ......do..................... Do.
Reg; August 19, 2010, Susp.
Pepin County, Unincorporated 555570 April 9, 1971, Emerg; December 16, 1972, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Stockholm, Village of, Pepin 555581 April 23, 1971, Emerg; December 8, 1972, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Region VI
New Mexico:
Los Lunas, Village of, Valencia 350144 May 1, 1979, Emerg; October 13, 1987, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Valencia County, Unincorporated 350086 April 13, 1979, Emerg; July 2, 1991, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Oklahoma:
Davenport, Town of, Lincoln 400365 June 30, 1976, Emerg; October 31, 1978, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
Hennessey, Town of, Kingfisher 400389 N/A, Emerg; August 26, 2005, Reg; August ......do..................... Do.
County. 19, 2010, Susp.
Kickapoo, Tribe of Oklahoma, 400563 February 26, 2002, Emerg; August 19, ......do..................... Do.
Lincoln, Oklahoma and 2010, Reg; August 19, 2010, Susp.
Pottawatomie Counties.
Kingfisher, City of, Kingfisher 400082 December 23, 1971, Emerg; September 30, ......do..................... Do.
County. 1976, Reg; August 19, 2010, Susp.
[[Page 49420]]
Kingfisher County, 400471 January 9, 1987, Emerg; September 18, ......do..................... Do.
Unincorporated Areas. 1991, Reg; August 19, 2010, Susp.
Lincoln County, Unincorporated 400457 September 28, 1990, Emerg; February 3, ......do..................... Do.
Areas. 1993, Reg; August 19, 2010, Susp.
Piedmont, City of, Canadian and 400027 February 4, 1985, Emerg; February 4, ......do..................... Do.
Kingfisher Counties. 1985, Reg; August 19, 2010, Susp.
Prague, City of, Lincoln County 400435 April 21, 1977, Emerg; September 4, ......do..................... Do.
1985, Reg; August 19, 2010, Susp.
Region VIII
Colorado:
Bayfield, Town of, La Plata 080098 June 27, 1975, Emerg; September 29, ......do..................... Do.
County. 1978, Reg; August 19, 2010, Susp.
Cedaredge, Town of, Delta 080304 May 27, 1993, Emerg; May 21, 2009, Reg; ......do..................... Do.
County. August 19, 2010, Susp.
Delta, City of, Delta County... 080043 August 2, 1974, Emerg; June 1, 1984, ......do..................... Do.
Reg; August 19, 2010, Susp.
Delta County, Unincorporated 080041 April 9, 1979, Emerg; March 15, 1984, ......do..................... Do.
Areas. Reg; August 19, 2010, Susp.
Durango, City of, La Plata 080099 April 30, 1974, Emerg; January 17, 1979, ......do..................... Do.
County. Reg; August 19, 2010, Susp.
La Plata County, Unincorporated 080097 December 12, 1974, Emerg; December 15, ......do..................... Do.
Areas. 1981, Reg; August 19, 2010, Susp.
Orchard City, City of, Delta 080258 May 16, 1983, Emerg; May 16, 1983, Reg; ......do..................... Do.
County. August 19, 2010, Susp.
Paonia, Town of, Delta County.. 080045 June 10, 1975, Emerg; March 16, 1983, ......do..................... Do.
Reg; August 19, 2010, Susp.
North Dakota:
McLean County, Unincorporated 380057 July 12, 1982, Emerg; June 4, 1987, Reg; ......do..................... Do.
Areas. August 19, 2010, Susp.
Three Affiliated Tribes, Fort 380721 August 23, 2000, Emerg; August 19, 2010, ......do..................... Do.
Berthold Reservation, McLean Reg; August 19, 2010, Susp.
County.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: August 4, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security Federal Emergency Management Agency.
[FR Doc. 2010-20006 Filed 8-12-10; 8:45 am]
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