[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 52865-52868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21597]
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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-8143]
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
[[Page 52866]]
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/
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 III
West Virginia:
Ansted, Town of, Fayette 540027 June 10, 1975, Sept. 3, 2010......... Sept. 3, 2010.
County. Emerg; October
30, 1981, Reg;
September 3,
2010, Susp.
Gauley Bridge, Town of, 540294 September 22, ......do.............. Do.
Fayette County. 1989, Emerg;
September 18,
1991, Reg;
September 3,
2010, Susp.
Fayette County, 540026 April 16, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; March 4,
1988, Reg;
September 3,
2010, Susp.
Meadow Bridge, Town of, 540028 October 1, 1975, ......do.............. Do.
Fayette County. Emerg; January
2, 1991, Reg;
September 3,
2010, Susp.
Montgomery, City of, 540029 July 2, 1975, ......do.............. Do.
Fayette and Kahawha Emerg; June 1,
Counties. 1982, Reg;
September 3,
2010, Susp.
Mount Hope, City of, 540280 October 30, 1974, ......do.............. Do.
Fayette County. Emerg; August
10, 1979, Reg;
September 3,
2010, Susp.
Oak Hill, City of, Fayette 540031 October 24, 1974, ......do.............. Do.
County. Emerg; January
18, 1980, Reg;
September 3,
2010, Susp.
Pax, Town of, Fayette 540032 July 8, 1975, ......do.............. Do.
County. Emerg; August
10, 1979, Reg;
September 3,
2010, Susp.
Smithers, Town of, Fayette 540033 June 12, 1975, ......do.............. Do.
County. Emerg; April 15,
1982, Reg;
September 3,
2010, Susp.
Region IV
Alabama:
Butler, City of, Choctaw 010033 August 7, 1975, ......do.............. Do.
County. Emerg; July 5,
1982, Reg;
September 3,
2010, Susp.
Choctaw County, 010310 September 25, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
September 30,
1988, Reg;
September 3,
2010, Susp.
Gilbertown, Town of, 010034 January 29, 1979, ......do.............. Do.
Choctaw County. Emerg; July 3,
1986, Reg;
September 3,
2010, Susp.
Hueytown, City of, 010337 April 22, 1975, ......do.............. Do.
Jefferson County. Emerg; January
2, 1981, Reg;
September 3,
2010, Susp.
Lipscomb, City of, 010126 July 25, 1975, ......do.............. Do.
Jefferson County. Emerg; January
2, 1981, Reg;
September 3,
2010, Susp.
[[Page 52867]]
Pennington, Town of, 010035 July 16, 1979, ......do.............. Do.
Choctaw County. Emerg; September
18, 1985, Reg;
September 3,
2010, Susp.
Silas, Town of, Choctaw 010036 N/A, Emerg; ......do.............. Do.
County. February 27,
2006, Reg;
September 3,
2010, Susp.
Georgia: Stewart County, 130393 September 8, ......do.............. Do.
Unincorporated Areas. 1986, Emerg;
July 1, 1987,
Reg; September
3, 2010, Susp.
Mississippi:
New Albany, Town of, Union 280174 March 25, 1975, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
September 3,
2010, Susp.
Union County, 280237 December 3, 2007, ......do.............. Do.
Unincorporated Areas. Emerg; September
3, 2010, Reg;
September 3,
2010, Susp.
Tennessee:
Byrdstown, City of, Pickett 470147 February 12, ......do.............. Do.
County. 1976, Emerg;
July 3, 1986,
Reg; September
3, 2010, Susp.
Pickett County, 470384 November 17, ......do.............. Do.
Unincorporated Areas. 1994, Emerg;
February 1,
2006, Reg;
September 3,
2010, Susp.
Region VI
Louisiana:
Basile, Town of, Evangeline 220065 January 22, 1976, ......do.............. Do.
Parish. Emerg; January
15, 1988, Reg;
September 3,
2010, Susp.
Evangeline Parish, 220064 January 12, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1988, Reg;
September 3,
2010, Susp.
Mamou, Town of, Evangeline 220067 September 13, ......do.............. Do.
Parish. 1974, Emerg;
November 1,
1985, Reg;
September 3,
2010, Susp.
Pine Prairie, Village of, 220068 July 8, 1975, ......do.............. Do.
Evangeline Parish. Emerg; June 25,
1976, Reg;
September 3,
2010, Susp.
Turkey Creek, Village of, 220069 August 11, 2008, ......do.............. Do.
Evangeline Parish. Emerg; September
1, 2008, Reg;
September 3,
2010, Susp.
Ville Platte, City of, 220070 April 13, 1976, ......do.............. Do.
Evangeline Parish. Emerg; October
15, 1985, Reg;
September 3,
2010, Susp.
Oklahoma:
Bethel Acres, Town of, 400346 June 16, 1989, ......do.............. Do.
Pottawatomie County. Emerg; December
1, 1989, Reg;
September 3,
2010, Susp.
Brooksville, City of, 400469 September 19, ......do.............. Do.
Pottawatomie County. 1979, Emerg;
August 19, 1985,
Reg; September
3, 2010, Susp.
Kickapoo Tribal Lands, 400563 February 26, ......do.............. Do.
Pottawatomie County. 2002, Emerg;
September 3,
2010, Reg;
September 3,
2010, Susp.
McLoud, Town of, 400398 December 27, ......do.............. Do.
Pottawatomie County. 1977, Emerg;
October 16,
1987, Reg;
September 3,
2010, Susp.
Pottawatomie County, 400496 March 26, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1988, Reg;
September 3,
2010, Susp.
Shawnee, City of, 400178 April 2, 1975, ......do.............. Do.
Pottawatomie County. Emerg; July 2,
1980, Reg;
September 3,
2010, Susp.
Tecumseh, City of, 400179 February 10, ......do.............. Do.
Pottawatomie County. 1975, Emerg;
July 16, 1980,
Reg; September
3, 2010, Susp.
Texas:
Austin County, 480704 November 21, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
January 17,
1990, Reg;
September 3,
2010, Susp.
Bellville, City of, Austin 481095 N/A, Emerg; June ......do.............. Do.
County. 17, 1998, Reg;
September 3,
2010, Susp.
Brazos Country, City of, 481693 N/A, Emerg; ......do.............. Do.
Austin County. December 18,
2001, Reg;
September 3,
2010, Susp.
Corrigan, City of, Polk 480527 January 26, 1978, ......do.............. Do.
County. Emerg; April 20,
1982, Reg;
September 3,
2010, Susp.
Goodrich, City of, Polk 481070 November 12, ......do.............. Do.
County. 1980, Emerg;
June 19, 1985,
Reg; September
3, 2010, Susp.
Livingston, City of, Polk 480528 May 21, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
September 3,
2010, Susp.
Onalaska, City of, Polk 480974 November 6, 1996, ......do.............. Do.
County. Emerg; November
1, 2007, Reg;
September 3,
2010, Susp.
Polk County, Unincorporated 480526 September 5, ......do.............. Do.
Areas. 1990, Emerg;
March 1, 1991,
Reg; September
3, 2010, Susp.
San Felipe, Town of, Austin 480705 April 7, 1976, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
September 3,
2010, Susp.
Wood County, Unincorporated 481055 February 21, ......do.............. Do.
Areas. 2001, Emerg;
August 1, 2008,
Reg; September
3, 2010, Susp.
Yantis, City of, Wood 481167 December 29, ......do.............. Do.
County. 1980, Emerg;
October 26,
1982, Reg;
September 3,
2010, Susp.
[[Page 52868]]
Region IX
Arizona: Yavapai County, 040093 January 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1985, Reg;
September 3,
2010, Susp.
Region X
Oregon:
Adams, City of, Umatilla 410205 February 12, ......do.............. Do.
County. 1976, Emerg; May
15, 1984, Reg;
September 3,
2010, Susp.
Athena, City of, Umatilla 410206 June 4, 1975, ......do.............. Do.
County. Emerg; July 16,
1984, Reg;
September 3,
2010, Susp.
Echo, City of, Umatilla 410207 April 15, 1975, ......do.............. Do.
County. Emerg; May 15,
1984, Reg;
September 3,
2010, Susp.
Helix, City of, Umatilla 410208 January 13, 1976, ......do.............. Do.
County. Emerg; June 1,
1984, Reg;
September 3,
2010, Susp.
Hermiston, City of, 410209 November 7, 1974, ......do.............. Do.
Umatilla County. Emerg; October
28, 1977, Reg;
September 3,
2010, Susp.
Milton-Freewater, City of, 410210 April 16, 1975, ......do.............. Do.
Umatilla County. Emerg; September
12, 1978, Reg;
September 3,
2010, Susp.
Pendleton, City of, 410211 March 3, 1972, ......do.............. Do.
Umatilla County. Emerg; July 13,
1976, Reg;
September 3,
2010, Susp.
Pilot Rock, City of, 410212 July 5, 1974, ......do.............. Do.
Umatilla County. Emerg; August 4,
1988, Reg;
September 3,
2010, Susp.
Stanfield, City of, 410213 October 2, 1974, ......do.............. Do.
Umatilla County. Emerg; August
15, 1984, Reg;
September 3,
2010, Susp.
Ukiah, City of, Umatilla 410279 August 25, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
September 3,
2010, Susp.
Umatilla, City of, Umatilla 410214 February 6, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
September 3,
2010, Susp.
Umatilla County, 410204 February 4, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; June 15,
1978, Reg;
September 3,
2010, Susp.
Weston, City of, Umatilla 410215 August 8, 1975, ......do.............. Do.
County. Emerg; September
18, 1987, Reg;
September 3,
2010, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: August 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-21597 Filed 8-27-10; 8:45 am]
BILLING CODE 9110-12-P