[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Rules and Regulations]
[Pages 9111-9113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4137]
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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-8121]
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
[[Page 9112]]
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 IV
Alabama:
Bayou La Batre, City of, 015001 July 30, 1971, March 17, 2010........ March 17, 2010.
Mobile County. Emerg; March 17,
1972, Reg; March
17, 2010, Susp.
Citronelle, City of, Mobile 010277 July 23, 1975, ......do.............. -do.-
County. Emerg; June 17,
1977, Reg; March
17, 2010, Susp.
Creola, City of, Mobile 010409 December 31, ......do.............. -do.-
County. 1981, Emerg;
December 31,
1981, Reg; March
17, 2010, Susp.
Dauphin Island, Town of, 010418 December 11, ......do.............. -do.-
Mobile County. 1970, Emerg;
December 11,
1970, Reg; March
17, 2010, Susp.
Mobile County, 015008 December 11, ......do.............. -do.-
Unincorporated Areas. 1970, Emerg;
December 11,
1970, Reg; March
17, 2010, Susp.
Mount Vernon, Town of, 010169 July 25, 1975, ......do.............. -do.-
Mobile County. Emerg; December
16, 1977, Reg;
March 17, 2010,
Susp.
Prichard, City of, Mobile 010170 April 22, 1975, ......do.............. -do.-
County. Emerg; February
4, 1981, Reg;
March 17, 2010,
Susp.
Saraland, City of, Mobile 010171 May 9, 1974, ......do.............. -do.-
County. Emerg; December
18, 1979, Reg;
March 17, 2010,
Susp.
Mississippi:
Canton, City of, Madison 280109 August 9, 1974, ......do.............. -do.-
County. Emerg; November
15, 1979, Reg;
March 17, 2010,
Susp.
Flora, Town of, Madison 280399 N/A, Emerg; ......do.............. -do.-
County. January 31,
1995, Reg; March
17, 2010, Susp.
Madison, City of, Madison 280229 October 17, 1974, ......do.............. -do.-
County. Emerg; December
16, 1980, Reg;
March 17, 2010,
Susp.
Madison County, 280228 July 17, 1975, ......do.............. -do.-
Unincorporated Areas. Emerg; January
2, 1980, Reg;
March 17, 2010,
Susp.
Pearl River Valley Water 280338 N/A, Emerg; March ......do.............. -do.-
Supply District, Madison, 5, 1993, Reg;
Hinds, Leake, Rankin, and March 17, 2010,
Scott Counties. Susp.
Ridgeland, City of, Madison 280110 December 27, ......do.............. -do.-
County. 1973, Emerg;
September
28,1979, Reg;
March 17, 2010,
Susp.
[[Page 9113]]
Region VI
Arkansas:
Batesville, City of, 050091 April 9, 1975, ......do.............. -do.-
Independence County. Emerg; August
16, 1982, Reg;
March 17, 2010,
Susp.
Cave City, City of, 050313 December 10, ......do.............. -do.-
Independence and Sharp 1982, Emerg; May
Counties. 1, 1985, Reg;
March 17, 2010,
Susp.
Independence County, 050090 July 3, 1978, ......do.............. -do.-
Unincorporated Areas. Emerg; January
6, 1988, Reg;
March 17, 2010,
Susp.
Newark, City of, 050092 August 8, 1975, ......do.............. -do.-
Independence County. Emerg; September
1, 1987, Reg;
March 17, 2010,
Susp.
Oil Trough, Town of, 050093 July 3, 1975, ......do.............. -do.-
Independence County. Emerg; June 1,
1987, Reg; March
17, 2010, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension.
Dated: February 23, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2010-4137 Filed 2-26-10; 8:45 am]
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