[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: ---------------------------------------------------------------------------------------------------------------- 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 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. ---------------------------------------------------------------------------------------------------------------- *-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] BILLING CODE 9110-12-P