[Federal Register Volume 75, Number 183 (Wednesday, September 22, 2010)]
[Rules and Regulations]
[Pages 57688-57690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23710]
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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-8151]
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 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.
[[Page 57689]]
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 I
Rhode Island:
Charlestown, Town of, 445395 October 30, 1970, Oct. 19, 2010......... Oct. 19, 2010.
Washington County. Emerg; July 13,
1972, Reg;
October 19,
2010, Susp.
Exeter, Town of, Washington 440032 February 4, 1976, ......do.............. Do.
County. Emerg; March 1,
1982, Reg;
October 19,
2010, Susp.
Hopkinton, Town of, 440028 September 8, ......do.............. Do.
Washington County. 1975, Emerg;
March 16, 1981,
Reg; October 19,
2010, Susp.
Narragansett Indian Tribe, 445414 N/A, Emerg; ......do.............. Do.
Washington County. February 14,
2005, Reg;
October 19,
2010, Susp.
Narragansett, Town of, 445402 September 18, ......do.............. Do.
Washington County. 1970, Emerg;
December 3,
1971, Reg;
October 19,
2010, Susp.
New Shoreham, Town of, 440036 October 16, 1975, ......do.............. Do.
Washington County. Emerg; April 3,
1985, Reg;
October 19,
2010, Susp.
North Kingstown, Town of, 445404 September 18, ......do.............. Do.
Washington County. 1970, Emerg;
July 14, 1972,
Reg; October 19,
2010, Susp.
Richmond, Town of, 440031 July 7, 1975, ......do.............. Do.
Washington County. Emerg; November
5, 1980, Reg;
October 19,
2010, Susp.
South Kingstown, Town of, 445407 September 11, ......do.............. Do.
Washington County. 1970, Emerg;
June 23, 1972,
Reg; October 19,
2010, Susp.
Westerly, Town of, 445410 August 14, 1970, ......do.............. Do.
Washington County. Emerg; July 28,
1972, Reg;
October 19,
2010, Susp.
Region IV
Alabama:
Guin, City of, Marion 010162 January 17, 1974, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
October 19,
2010, Susp.
Hamilton, City of, Marion 010163 December 10, ......do.............. Do.
County. 1974, Emerg;
January 16,
1980, Reg;
October 19,
2010, Susp.
Marion County, 010161 November 6, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; December
4, 1979, Reg;
October 19,
2010, Susp.
Winfield, City of, Marion 010164 January 23, 1974, ......do.............. Do.
County. Emerg; November
1, 1979, Reg;
October 19,
2010, Susp.
Kentucky: Brownsville, City of, 210236 June 13, 1989, ......do.............. Do.
Edmonson County. Emerg; September
4, 1991, Reg;
October 19,
2010, Susp.
Tennessee:
Cumberland City, Town of, 470375 June 20, 2007, ......do.............. Do.
Stewart County. Emerg; October
19, 2010, Reg;
October 19,
2010, Susp.
Dover, Town of, Stewart 470237 August 19, 1988, ......do.............. Do.
County. Emerg; February
1, 1990, Reg;
October 19,
2010, Susp.
Erin, City of, Houston 470213 April 23, 1974, ......do.............. Do.
County. Emerg; July 17,
1986, Reg;
October 19,
2010, Susp.
Region VI
New Mexico:
Deming, City of, Luna 350038 June 2, 1975, ......do.............. Do.
County. Emerg; June 15,
1979, Reg;
October 19,
2010, Susp.
Luna County, Unincorporated 350139 August 20, 1976, ......do.............. Do.
Areas. Emerg; September
14, 1990, Reg;
October 19,
2010, Susp.
Texas:
Goliad, City of, Goliad 480828 October 26, 1984, ......do.............. Do.
County. Emerg; August
19, 1986, Reg;
October 19,
2010, Susp.
Goliad County, 480827 April 19, 1996, ......do.............. Do.
Unincorporated Areas. Emerg; October
19, 2010, Reg;
October 19,
2010, Susp.
Karnes City, City of, 480405 June 10, 1975, ......do.............. Do.
Karnes County. Emerg; August 1,
1986, Reg;
October 19,
2010, Susp.
Karnes County, 481175 April 12, 1999, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
2004, Reg;
October 19,
2010, Susp.
Kenedy, City of, Karnes 485482 September 4, ......do.............. Do.
County. 1970, Emerg;
June 25, 1971,
Reg; October 19,
2010, Susp.
[[Page 57690]]
Maud, City of, Bowie County 480057 June 2, 1975, ......do.............. Do.
Emerg; December
12, 1978, Reg;
October 19,
2010, Susp.
Nash, City of, Bowie County 480058 April 7, 1975, ......do.............. Do.
Emerg; June 21,
1977, Reg;
October 19,
2010, Susp.
Redwater, Town of, Bowie 480309 April 17, 2009, ......do.............. Do.
County. Emerg; October
19, 2010, Reg;
October 19,
2010, Susp.
Upshur County, 481036 February 27, ......do.............. Do.
Unincorporated Areas. 1981, Emerg; May
1, 1987, Reg;
October 19,
2010, Susp.
Wake Village, City of, 480061 September 24, ......do.............. Do.
Bowie County. 1974, Emerg;
October 15,
1985, Reg;
October 19,
2010, Susp.
Region VII
Kansas:
Cowley County, 200563 February 26, ......do.............. Do.
Unincorporated Areas. 1979, Emerg;
August 5, 1991,
Reg; October 19,
2010, Susp.
Winfield, City of, Cowley 200071 May 30, 1974, ......do.............. Do.
County. Emerg; March 16,
1981, Reg;
October 19,
2010, Susp.
Region VIII
South Dakota:
Doland, Town of, Spink 460079 May 11, 1978, ......do.............. Do.
County. Emerg; November
12, 1985, Reg;
October 19,
2010, Susp.
Redfield, City of, Spink 460081 May 22, 1975, ......do.............. Do.
County. Emerg; November
15, 1985, Reg;
October 19,
2010, Susp.
Spink County, 460076 March 28, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1986, Reg;
October 19,
2010, Susp.
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......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: September 15, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security Federal Emergency Management Agency.
[FR Doc. 2010-23710 Filed 9-21-10; 8:45 am]
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