[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Rules and Regulations]
[Pages 63399-63402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26051]
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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-8153]
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
[[Page 63400]]
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:
Durbin, Town of, Pocahontas 540158 May 13, 1975, Nov. 4, 2010.......... Nov. 4, 2010
County. Emerg; August
24, 1984, Reg;
November 4,
2010, Susp.
Pocahontas County, 540283 February 12, ......do.............. Do.
Unincorporated Areas. 1976, Emerg;
October 17,
1989, Reg;
November 4,
2010, Susp.
Region V
Illinois:
Marshall County, 170994 June 8, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; June 8,
1984, Reg;
November 4,
2010, Susp.
Toluca, City of, Marshall 170460 July 31, 1975, ......do.............. Do.
County. Emerg; June 1,
1984, Reg;
November 4,
2010, Susp.
Wenona, City of, Marshall 170462 August 4, 1975, ......do.............. Do.
County. Emerg; December
2, 1988, Reg;
November 4,
2010, Susp.
Ohio:
Hocking County, 390272 April 18, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; November
16, 1990, Reg;
November 4,
2010, Susp.
Laurelville, Village of, 390273 May 14, 1975, ......do.............. Do.
Hocking County. Emerg; November
16, 1995, Reg;
November 4,
2010, Susp.
Logan, City of, Hocking 390274 July 16, 1975, ......do.............. Do.
County. Emerg; January
17, 1986, Reg;
November 4,
2010, Susp.
Murray City, Village of, 390275 April 26, 1974, ......do.............. Do.
Hocking County.. Emerg; November
15, 1978, Reg;
November 4,
2010, Susp.
Pike County, Unincorporated 390450 February 18, ......do.............. Do.
Areas. 1976, Emerg;
January 15,
1988, Reg;
November 4,
2010, Susp.
Piketon, Village of, Pike 390451 June 25, 1975, ......do.............. Do.
County. Emerg; January
15, 1988, Reg;
November 4,
2010, Susp.
Waverly, City of, Pike 390452 November 19, ......do.............. Do.
County. 1975, Emerg;
January 15,
1988, Reg;
November 4,
2010, Susp.
Region VI
Louisiana:
Broussard, City of, St. 220102 July 3, 1975, ......do.............. Do.
Martin Parish. Emerg; March 16,
1988, Reg;
November 4,
2010, Susp.
Parks, Village of, St. 220190 May 8, 1973, ......do.............. Do.
Martin Parish. Emerg; July 16,
1980, Reg;
November 4,
2010, Susp.
St. John the Baptist 220164 February 11, ......do.............. Do.
Parish, Unincorporated 1974, Emerg;
Areas. July 16, 1980,
Reg; November 4,
2010, Susp.
St. Martin Parish, 220178 April 26, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; May 3,
1982, Reg;
November 4,
2010, Susp.
St. Martinville, City of, 220191 May 8, 1973, ......do.............. Do.
St. Martin Parish. Emerg; December
16, 1980, Reg;
November 4,
2010, Susp.
New Mexico:
[[Page 63401]]
Cimarron, Village of, 350007 February 3, 1976, ......do.............. Do.
Colfax County. Emerg; July 1,
1987, Reg;
November 4,
2010, Susp.
Colfax County, 350126 July 8, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1987, Reg;
November 4,
2010, Susp.
Raton, City of, Colfax 350008 December 5, 1974, ......do.............. Do.
County. Emerg; March 1,
1986, Reg;
November 4,
2010, Susp.
Springer, Town of, Colfax 350009 October 15, 1974, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
November 4,
2010, Susp.
Texas:
Gray County, Unincorporated 481222 February 5, 2001, ......do.............. Do.
Areas. Emerg; November
4, 2010, Reg;
November 4,
2010, Susp.
Jourdanton, City of, 480703 December 5, 1980, ......do.............. Do.
Atascosa County. Emerg; July 18,
1985, Reg;
November 4,
2010, Susp.
Pampa, City of, Gray County 480258 April 19, 1976, ......do.............. Do.
Emerg; September
1, 1987, Reg;
November 4,
2010, Susp.
Pleasanton, City of, 480015 February 21, ......do.............. Do.
Atascosa County. 1975, Emerg;
April 1, 1981,
Reg; November 4,
2010, Susp.
Point Blank, City of, San 481528 January 13, 1995, ......do.............. Do.
Jacinto County. Emerg; November
4, 2010, Reg;
November 4,
2010, Susp.
Sabinal, City of, Uvalde 481039 August 14, 2002, ......do.............. Do.
County. Emerg; April 1,
2007, Reg;
November 4,
2010, Susp.
San Jacinto County, 480553 March 23, 1982, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
November 4,
2010, Susp.
Shepherd, City of, San 480554 August 18, 1975, ......do.............. Do.
Jacinto County. Emerg; May 18,
1982, Reg;
November 4,
2010, Susp.
Uvalde County, 480629 May 16, 1980, ......do.............. Do.
Unincorporated Areas. Emerg; August 4,
1987, Reg;
November 4,
2010, Susp.
Region VII
Nebraska:
Crete, City of, Saline 310186 April 17, 1974, ......do.............. Do.
County. Emerg; October
15, 1982, Reg;
November 4,
2010, Susp.
Friend, City of, Saline 310369 July 8, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
November 4,
2010, Susp.
Saline County, 310472 February 3, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; February
4, 1988, Reg;
November 4,
2010, Susp.
Swanton, Village of, Saline 310188 August 6, 1975, ......do.............. Do.
County. Emerg; August
19, 1985, Reg;
November 4,
2010, Susp.
Wilber, City of, Saline 310189 May 27, 1975, ......do.............. Do.
County. Emerg; November
3, 1982, Reg;
November 4,
2010, Susp.
Region VIII
North Dakota:
Belfield, City of, Stark 380116 July 1, 1975, ......do.............. Do.
County. Emerg; September
5, 1979, Reg;
November 4,
2010, Susp.
Dickinson, City of, Stark 380117 March 5, 1974, ......do.............. Do.
County. Emerg; June 1,
1978, Reg;
November 4,
2010, Susp.
South Heart, City of, Stark 380647 July 5, 1983, ......do.............. Do.
County. Emerg; February
19, 1986, Reg;
November 4,
2010, Susp.
Taylor, City of, Stark 380118 May 16, 1978, ......do.............. Do.
County. Emerg; August
12, 1980, Reg;
November 4,
2010, Susp.
Region X
Washington:
Bainbridge Island, City of, 530307 August 14, 1975, ......do.............. Do.
Kitsap County. Emerg; February
5, 1986, Reg;
November 4,
2010, Susp.
Bremerton, City of, Kitsap 530093 May 27, 1975, ......do.............. Do.
County. Emerg; August
15, 1979, Reg;
November 4,
2010, Susp.
Kitsap County, 530092 February 19, ......do.............. Do.
Unincorporated Areas. 1975, Emerg; May
15, 1980, Reg;
November 4,
2010, Susp.
Port Orchard, City of, 530094 June 10, 1975, ......do.............. Do.
Kitsap County. Emerg; November
15, 1979, Reg;
November 4,
2010, Susp.
Poulsbo, City of, Kitsap 530241 June 19, 1974, ......do.............. Do.
County. Emerg; July 2,
1979, Reg;
November 4,
2010, Susp.
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* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
[[Page 63402]]
Dated: October 6, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-26051 Filed 10-14-10; 8:45 am]
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