[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80351-80354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32106]
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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-8161]
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.
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:
[[Page 80352]]
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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 IV
Kentucky:
Bourbon County, 210271 July 31, 1975, Jan. 6, 2011.......... Jan. 6, 2011.
Unincorporated Areas. Emerg; July 16,
1981, Reg;
January 6, 2011,
Susp.
Cynthiana, City of, 210107 February 26, ......do.............. Do.
Harrison County. 1975, Emerg;
October 15,
1981, Reg;
January 6, 2011,
Susp.
Harrison County, 210329 May 31, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; May 31,
1985, Reg;
January 6, 2011,
Susp.
Millersburg, City of, 210014 October 27, 1977, ......do.............. Do.
Bourbon County. Emerg; September
27, 1985, Reg;
January 6, 2011,
Susp.
Paris, City of, Bourbon 210015 July 23, 1974, ......do.............. Do.
County. Emerg; June 15,
1981, Reg;
January 6, 2011,
Susp.
South Carolina:
Campobello, Town of, 450216 July 7, 1975, ......do.............. Do.
Spartanburg County. Emerg; November
24, 1978, Reg;
January 6, 2011,
Susp.
Duncan, Town of, 450177 April 29, 1975, ......do.............. Do.
Spartanburg County. Emerg; May 27,
1977, Reg;
January 6, 2011,
Susp.
Inman, City of, Spartanburg 450217 May 14, 1976, ......do.............. Do.
County. Emerg; November
24, 1978, Reg;
January 6, 2011,
Susp.
Landrum, Town of, 450215 November 24, ......do.............. Do.
Spartanburg County. 1975, Emerg;
July 16, 1981,
Reg; January 6,
2011, Susp.
Lyman, Town of Spartanburg 450219 May 15, 1975, ......do.............. Do.
County. Emerg; May 27,
1977, Reg;
January 6, 2011,
Susp.
Pacolet, Town of, 450180 October 3, 1975, ......do.............. Do.
Spartanburg County. Emerg; November
24, 1978, Reg;
January 6, 2011,
Susp.
Spartanburg, City of, 450181 January 14, 1974, ......do.............. Do.
Spartanburg County. Emerg; June 1,
1978, Reg;
January 6, 2011,
Susp.
Spartanburg County, 450176 March 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1984, Reg;
January 6, 2011,
Susp.
Woodruff, City of, 450214 December 12, ......do.............. Do.
Spartanburg County. 1975, Emerg;
November 24,
1978, Reg;
January 6, 2011,
Susp.
Region V
Indiana:
Indian Village, Town of, 180225 June 11, 1981, ......do.............. Do.
St. Joseph County. Emerg; June 11,
1981, Reg;
January 6, 2011,
Susp.
Mishawaka, City of, St. 180227 February 24, ......do.............. Do.
Joseph County. 1975, Emerg;
August 17, 1981,
Reg; January 6,
2011, Susp.
North Liberty, Town of, St. 180228 February 24, ......do.............. Do.
Joseph County. 1975, Emerg;
August 19, 1985,
Reg; January 6,
2011, Susp.
Osceola, Town of, St. 180229 N/A, Emerg; ......do.............. Do.
Joseph County. December 14,
1992, Reg;
January 6, 2011,
Susp.
Roseland, Town of, St. 185179 May 5, 1972, ......do.............. Do.
Joseph County. Emerg; May 4,
1973, Reg;
January 6, 2011,
Susp.
South Bend, City of, St. 180231 August 16, 1974, ......do.............. Do.
Joseph County. Emerg; February
1, 1978, Reg;
January 6, 2011,
Susp.
St. Joseph County, 180224 October 22, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; August
15, 1978, Reg;
January 6, 2011,
Susp.
Walkerton, Town of, St. 180232 July 15, 1975, ......do.............. Do.
Joseph County. Emerg; April 15,
1981, Reg;
January 6, 2011,
Susp.
Ohio:
Belle Valley, Village of, 390429 September 22, ......do.............. Do.
Noble County. 1975, Emerg;
November 2,
1990, Reg;
January 6, 2011,
Susp.
Caldwell, Village of, Noble 390430 August 1, 1975, ......do.............. Do.
County. Emerg; September
4, 1987, Reg;
January 6, 2011,
Susp.
Dexter City, Village of, 390431 August 19, 1975, ......do.............. Do.
Noble County. Emerg; August
19, 1987, Reg;
January 6, 2011,
Susp.
Noble County, 390428 May 19, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; January
1, 1988, Reg;
January 6, 2011,
Susp.
Sarahsville, Village of, 390706 February 9, 2006, ......do.............. Do
Noble County. Emerg; January
6, 2011, Reg;
January 6, 2011,
Susp.
Region VI
Arkansas:
Drew County, Unincorporated 050430 October 14, 1998, ......Do.............. Do.
Areas. Emerg; July 1,
2009, Reg;
January 6, 2011,
Susp.
Monticello, City of, Drew 050074 April 3, 1975, ......do.............. Do.
County. Emerg; April 1,
1982, Reg;
January 6, 2011,
Susp.
Tillar, City of, Desha and 050075 April 3, 1975, ......do.............. Do.
Drew Counties. Emerg; February
1, 1988, Reg;
January 6, 2011,
Susp.
Wilmar, City of, Drew 050076 July 17, 1975, ......do.............. Do.
County. Emerg; October
12, 1982, Reg;
January 6, 2011,
Susp.
[[Page 80353]]
Winchester, City of, Drew 050077 April 15, 2004, ......do.............. Do.
County. Emerg; August 1,
2009, Reg;
January 6, 2011,
Susp.
New Mexico:
Bayard, City of, Grant 350019 October 28, 1975, ......do.............. Do.
County. Emerg; July 1,
1988, Reg;
January 6, 2011,
Susp.
Grant County, 350121 July 2, 1991, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1992, Reg;
January 6, 2011,
Susp.
Santa Clara, Village of, 350020 June 5, 1975, ......do.............. Do.
Grant County. Emerg; July 1,
1987, Reg;
January 6, 2011,
Susp.
Silver City, Town of, Grant 350022 July 22, 1975, ......do.............. Do.
County. Emerg; May 17,
1988, Reg;
January 6, 2011,
Susp.
Oklahoma:
Beggs, City of, Okmulgee 400345 October 8, 1976, ......do.............. Do.
County. Emerg; September
19, 1978, Reg;
January 6, 2011,
Susp.
Butler, Town of, Custer 400266 February 15, ......do.............. Do.
County. 1983, Emerg; May
15, 1985, Reg;
January 6, 2011,
Susp.
Clinton, City of, Custer 400054 November 25, ......do.............. Do.
and Washita Counties. 1974, Emerg;
July 2, 1980,
Reg; January 6,
2011, Susp.
Custer County, 400486 July 20, 1994, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
January 6, 2011,
Susp.
Dewar, Town of, Okmulgee 400143 November 21, ......do.............. Do.
County. 1975, Emerg;
June 5, 1985,
Reg; January 6,
2011, Susp.
Henryetta, City of, 400144 August 19, 1975, ......do.............. Do.
Okmulgee County. Emerg; March 4,
1980, Reg;
January 6, 2011,
Susp.
Hoffman, Town of, Okmulgee 400285 September 30, ......do.............. Do.
County. 1976, Emerg;
August 5, 1985,
Reg; January 6,
2011, Susp.
Morris, City of, Okmulgee 400407 February 24, ......do.............. Do.
County. 1977, Emerg;
June 29, 1982,
Reg; January 6,
2011, Susp.
Okmulgee, City of, Okmulgee 400145 April 29, 1975, ......do.............. Do.
County. Emerg; February
4, 1981, Reg;
January 6, 2011,
Susp.
Okmulgee County, 400492 April 1, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1991, Reg;
January 6, 2011,
Susp.
Weatherford, City of, 400056 February 7, 1975, ......do.............. Do.
Custer County. Emerg; December
18, 1979, Reg;
January 6, 2011,
Susp.
Texas:
Alto, Town of, Cherokee 480740 January 24, 1977, ......do.............. Do.
County. Emerg; August
19, 1985, Reg;
January 6, 2011,
Susp.
Bosque County, 480051 May 4, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1987, Reg;
January 6, 2011,
Susp.
Burleson County, 481169 July 6, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; January
18, 1989, Reg;
January 6, 2011,
Susp.
Caldwell, City of, Burleson 480089 March 31, 1975, ......do.............. Do.
County. Emerg; September
30, 1988, Reg;
January 6, 2011,
Susp.
Cherokee County, 480739 June 16, 1989, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1989, Reg;
January 6, 2011,
Susp.
Clifton, City of, Bosque 480052 May 1, 1975, ......do.............. Do.
County. Emerg; April 1,
1987, Reg;
January 6, 2011,
Susp.
Cranfills Gap, City of, 481512 May 20, 1991, ......do.............. Do.
Bosque County. Emerg; January
1, 1992, Reg;
January 6, 2011,
Susp.
DeWitt County, 481171 October 1, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1987, Reg;
January 6, 2011,
Susp.
Iredell, Town of, Bosque 481072 April 7, 1992, ......do.............. Do.
County. Emerg; November
1, 1992, Reg;
January 6, 2011,
Susp.
Jacksonville, City of, 480123 September 3, ......do.............. Do.
Cherokee County. 1974, Emerg;
February 18,
1981, Reg;
January 6, 2011,
Susp.
Meridian, City of, Bosque 480053 June 4, 1975, ......do.............. Do.
County. Emerg; August 1,
1987, Reg;
January 6, 2011,
Susp.
New Summerfield, City of, 481153 January 21, 2010, ......do.............. Do.
Cherokee County. Emerg; January
6, 2011, Reg;
January 6, 2011,
Susp.
Rusk, City of, Cherokee 480124 June 20, 1975, ......do.............. Do.
County. Emerg; June 1,
1988, Reg;
January 6, 2011,
Susp.
Snook, City of, Burleson 480090 N/A, Emerg; ......do.............. Do.
County. September 15,
2001, Reg;
January 6, 2011,
Susp.
Somerville, City of, 480091 July 21, 1975, ......do.............. Do.
Burleson County. Emerg; June 4,
1990, Reg;
January 6, 2011,
Susp.
Troup, City of, Cherokee 480570 August 15, 1975, ......do.............. Do.
and Smith Counties. Emerg; January
23, 1979, Reg;
January 6, 2011,
Susp.
Valley Mills, City of, 480054 July 31, 1975, ......do.............. Do.
Bosque and McLennan Emerg; November
Counties. 15, 1979, Reg;
January 6, 2011,
Susp.
[[Page 80354]]
Wells, City of, Cherokee 480741 February 4, 1991, ......do.............. Do.
County. Emerg; June 1,
1991, Reg;
January 6, 2011,
Susp.
Yorktown, City of, DeWitt 480197 January 16, 1974, ......do.............. Do.
County. Emerg; March 1,
1987, Reg;
January 6, 2011,
Susp.
Region VII
Iowa:
Anita, City of, Cass County 190048 April 11, 1975, ......do.............. Do.
Emerg; June 17,
1986, Reg;
January 6, 2011,
Susp.
Atlantic, City of, Cass 190049 July 8, 1975, ......do.............. Do.
County. Emerg; August 5,
1986, Reg;
January 6, 2011,
Susp.
Cass County, Unincorporated 190852 August 25, 1975, ......do.............. Do.
Areas. Emerg; September
1, 1986, Reg;
January 6, 2011,
Susp.
Lewis, City of, Cass County 190347 October 26, 1976, ......do.............. Do.
Emerg; August
26, 1977, Reg;
January 6, 2011,
Susp.
Marne, City of, Cass County 190348 September 11, ......do.............. Do.
2008, Emerg;
January 6, 2011,
Reg; January 6,
2011, Susp.
Massena, City of, Cass 190349 January 15, 2008, ......do.............. Do.
County. Emerg; January
6, 2011, Reg;
January 6, 2011,
Susp.
Missouri:
Calhoun, City of, Henry 290622 November 7, 1975, ......do.............. Do.
County. Emerg; August
19, 1985, Reg;
January 6, 2011,
Susp.
Cedar County, 290791 N/A, Emerg; April ......do.............. Do.
Unincorporated Areas. 11, 2006, Reg;
January 6, 2011,
Susp.
Clinton, City of, Henry 290155 June 25, 1975, ......do.............. Do.
County. Emerg; July 4,
1988, Reg;
January 6, 2011,
Susp.
Henry County, 290804 January 29, 2007, ......do.............. Do.
Unincorporated Areas. Emerg; January
6, 2011, Reg;
January 6, 2011,
Susp.
Stockton, City of, Cedar 290667 N/A, Emerg; ......do.............. Do.
County. September 25,
2003, Reg;
January 6, 2011,
Susp.
Windsor, City of, Henry 290156 March 30, 1976, ......do.............. Do.
County. Emerg; September
18, 1985, Reg;
January 6, 2011,
Susp.
Region IX
California: Gridley, City of, 060019 N/A, Emerg; April ......do.............. Do.
Butte County 25, 1997, Reg;
January 6, 2011,
Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: December 7, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-32106 Filed 12-21-10; 8:45 am]
BILLING CODE 9110-12-P