[Federal Register Volume 75, Number 177 (Tuesday, September 14, 2010)]
[Rules and Regulations]
[Pages 55683-55686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-22796]
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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-8149]
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
[[Page 55684]]
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/
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 V
Wisconsin:
Gillett, City of, Oconto 550295 September 30, October 6, 2010....... October 6, 2010
County. 1975, Emerg;
February 1,
1984, Reg;
October 6, 2010,
Susp.
Lena, Village of, Oconto 550296 July 7, 1975, ......do.............. Do.
County. Emerg; September
18, 1985, Reg;
October 6, 2010,
Susp.
Oconto, City of, Oconto 550297 September 17, ......do.............. Do.
County. 1973, Emerg;
August 3, 1981,
Reg; October 6,
2010, Susp.
Oconto County, 550294 May 21, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; January
6, 1983, Reg;
October 6, 2010,
Susp.
Oconto Falls, City of, 550298 June 23, 1975, ......do.............. Do.
Oconto County. Emerg; July 16,
1981, Reg;
October 6, 2010,
Susp.
Pulaski, Village of, Brown, 550024 February 27, ......do.............. Do.
Oconto, and Shawano 1976, Emerg;
Counties. August 3, 1981,
Reg; October 6,
2010, Susp.
Suring, Village of, Oconto 550300 January 30, 1975, ......do.............. Do.
County. Emerg; December
1, 1983, Reg;
October 6, 2010,
Susp.
Region VI
Arkansas:
Elaine, City of, Phillips 050167 March 29, 1974, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
October 6, 2010,
Susp.
Helena-West Helena, City 050168 February 15, ......do.............. Do.
of, Phillips County. 1974, Emerg;
July 16, 1979,
Reg; October 6,
2010, Susp.
Lake View, City of, 050169 July 23, 1976, ......do.............. Do.
Phillips County. Emerg; February
1, 1987, Reg;
October 6, 2010,
Susp.
Marvell, City of, Phillips 050170 July 28, 1993, ......do.............. Do.
County. Emerg; August 1,
2008, Reg;
October 6, 2010,
Susp.
[[Page 55685]]
Phillips County, 050166 April 28, 1981, ......do.............. Do.
Unincorporated Areas.. Emerg; April 1,
1988, Reg;
October 6, 2010,
Susp.
New Mexico:
Portales, City of, 350054 October 29, 1974, ......do.............. Do.
Roosevelt County. Emerg; January
20, 1982, Reg;
October 6, 2010,
Susp.
Red River, Town of, Taos 350079 April 18, 1975, ......do.............. Do.
County. Emerg; July 1,
1987, Reg;
October 6, 2010,
Susp.
Taos, Town of, Taos County. 350080 August 25, 1975, ......do.............. Do.
Emerg; August 4,
1987, Reg;
October 6, 2010,
Susp.
Taos County, Unincorporated 350078 September 25, ......do.............. Do.
Areas. 1975, Emerg;
January 5, 1989,
Reg; October 6,
2010, Susp.
Texas:
Big Spring, City of, Howard 480360 February 7, 1975, ......do.............. Do.
County. Emerg; September
30, 1981, Reg;
October 6, 2010,
Susp.
Brooks County, 481196 July 21, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; July 1,
1987, Reg;
October 6, 2010,
Susp.
Coahoma, City of, Howard 481099 September 13, ......do.............. Do.
County. 2007, Emerg;
October 6, 2010,
Reg; October 6,
2010, Susp.
Falfurrias, City of, Brooks 480086 March 21, 1975, ......do.............. Do.
County. Emerg; August
17, 1981, Reg;
October 6, 2010,
Susp.
Howard County, 481227 June 3, 1982, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1988, Reg;
October 6, 2010,
Susp.
Kountze, City of, Hardin 480845 February 27, ......do.............. Do.
County. 1987, Emerg;
November 1,
1989, Reg;
October 6, 2010,
Susp.
Lumberton, City of, Hardin 481111 May 8, 1979, ......do.............. Do.
County. Emerg; May 8,
1979, Reg;
October 6, 2010,
Susp.
Rose Hill Acres, City of, 480846 March 8, 1974, ......do.............. Do.
Hardin County. Emerg; April 15,
1977, Reg;
October 6, 2010,
Susp.
Silsbee, City of, Hardin 480285 June 7, 1974, ......do.............. Do.
County. Emerg; May 1,
1978, Reg;
October 6, 2010,
Susp.
Sour Lake, City of, Hardin 480286 June 3, 1974, ......do.............. Do.
County. Emerg; October
28, 1977, Reg;
October 6, 2010,
Susp.
Region VII
Iowa:
Earlham, City of, Madison 190570 September 6, ......do.............. Do.
County. 1977, Emerg;
September 30,
1988, Reg;
October 6, 2010,
Susp.
East Peru, City of, Madison 190450 April 25, 1977, ......do.............. Do.
County. Emerg; February
1, 1987, Reg;
October 6, 2010,
Susp.
Madison County, 190887 September 10, ......do.............. Do.
Unincorporated Areas. 1993, Emerg;
September 1,
1996, Reg;
October 6, 2010,
Susp.
Patterson, City of, Madison 190451 March 27, 1979, ......do.............. Do.
County. Emerg; January
1, 1987, Reg;
October 6, 2010,
Susp.
Winterset, City of, Madison 190944 April 24, 1992, ......do.............. Do.
County. Emerg; May 3,
1993, Reg;
October 6, 2010,
Susp.
Kansas: Harvey County, 200585 October 19, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; August
15, 1983, Reg;
October 6, 2010,
Susp.
Newton, City of, Harvey 200133 September 13, ......do.............. Do.
County. 1974, Emerg;
October 2, 1979,
Reg; October 6,
2010, Susp.
North Newton, City of, 200542 June 28, 1979, ......do.............. Do.
Harvey County. Emerg; June 28,
1979, Reg;
October 6, 2010,
Susp.
Region VIII
Utah:
Uintah County, 490147 November 30, ......do.............. Do.
Unincorporated Areas. 1977, Emerg;
February 1,
1986, Reg;
October 6, 2010,
Susp.
Vernal, City of, Uintah 490149 April 16, 1975, ......do.............. Do.
County. Emerg; March 18,
1986, Reg;
October 6, 2010,
Susp.
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*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
[[Page 55686]]
Dated: September 3, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-22796 Filed 9-13-10; 8:45 am]
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