
[Federal Register: January 26, 2010 (Volume 75, Number 16)]
[Rules and Regulations]               
[Page 4000-4004]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ja10-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8113]

 
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

[[Page 4001]]

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:

----------------------------------------------------------------------------------------------------------------
                                                 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 III

West Virginia:
    Hinton, City of, Summers           540187  March 10, 1975,    Feb. 3, 2010..........  Feb. 3, 2010.
     County.                                    Emerg; August 1,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
    Summers County,                    540186  March 19, 1975,    ......*do.............   Do.
     Unincorporated Areas.                      Emerg; November
                                                5, 1980, Reg;
                                                February 3,
                                                2010, Susp.
           Region IV

Mississippi:
    Baldwyn, City of, Lee              280134  December 2, 1974,  ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1987, Reg;
                                                February 3,
                                                2010, Susp.
    Guntown, Town of, Lee              280345  N/A, Emerg;        ......do..............   Do.
     County.                                    August 28, 2007,
                                                Reg; February 3,
                                                2010, Susp.

[[Page 4002]]


    Lauderdale County,                 280224  May 28, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                February 3,
                                                2010, Susp.
    Lee County, Unincorporated         280227  February 7, 1978,  ......do..............   Do.
     Areas.                                     Emerg; March 5,
                                                1990, Reg;
                                                February 3,
                                                2010, Susp.
    Marion, Town of, Lauderdale        280095  June 26, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1989, Reg;
                                                February 3,
                                                2010, Susp.
    Meridian, City of,                 280096  November 19,       ......do..............   Do.
     Lauderdale County.                         1971, Emerg;
                                                December 15,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    Plantersville, Village of,         280099  April 4, 1975,     ......do..............   Do.
     Lee County.                                Emerg; August 1,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
    Saltillo, Town of, Lee             280261  April 24, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1987, Reg;
                                                February 3,
                                                2010, Susp.
    Shannon, Town of, Lee              280343  N/A, Emerg;        ......do..............   Do.
     County.                                    February 26,
                                                2009, Reg;
                                                February 3,
                                                2010, Susp.
    Tupelo, City of, Lee County        280100  March 4, 1974,     ......do..............   Do.
                                                Emerg; April 3,
                                                1978, Reg;
                                                February 3,
                                                2010, Susp.
    Verona, Town of, Lee County        280262  May 6, 1975,       ......do..............   Do.
                                                Emerg; June 4,
                                                1987, Reg;
                                                February 3,
                                                2010, Susp.
Tennessee: Sweetwater, City of,        470135  May 24, 1974,      ......do..............   Do.
 Monroe County                                  Emerg; March 18,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
            Region V

Minnesota:
    Afton, City of, Washington         275226  March 19, 1971,    ......do..............   Do.
     County.                                    Emerg; April 21,
                                                1972, Reg;
                                                February 3,
                                                2010, Susp.
    Bayport, City of,                  275229  April 2, 1971,     ......do..............   Do.
     Washington County.                         Emerg; May 12,
                                                1972, Reg;
                                                February 3,
                                                2010, Susp.
    Birchwood Village, City of,        270720  July 9, 1979,      ......do..............   Do.
     Washington County.                         Emerg; June 8,
                                                1984, Reg;
                                                February 3,
                                                2010, Susp.
    Cottage Grove, City of,            270502  May 12, 1972,      ......do..............   Do.
     Washington County.                         Emerg; April 30,
                                                1976, Reg;
                                                February 3,
                                                2010, Susp.
    Dellwood, City of,                 270694  January 16, 1978,  ......do..............   Do.
     Washington County.                         Emerg; December
                                                26, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Grant, City of, Washington         270780  N/A, Emerg; July   ......do..............   Do.
     County.                                    3, 2003, Reg;
                                                February 3,
                                                2010, Susp.
    Hastings, City of,                 270105  March 9, 1973,     ......do..............   Do.
     Washington County.                         Emerg; July 16,
                                                1980, Reg;
                                                February 3,
                                                2010, Susp.
    Hugo, City of, Washington          270504  June 20, 1974,     ......do..............   Do.
     County.                                    Emerg; September
                                                29, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Lake Elmo, City of,                270505  August 18, 1972,   ......do..............   Do.
     Washington County.                         Emerg; July 2,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
    Lake Saint Croix Beach,            275240  March 19, 1971,    ......do..............   Do.
     City of, Washington County.                Emerg; February
                                                19, 1972, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeland Shores, City of,          275239  April 9, 1971,     ......do..............   Do.
     Washington County.                         Emerg; April 28,
                                                1972, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeland, City of,                 275238  April 9, 1971,     ......do..............   Do.
     Washington County.                         Emerg; February
                                                9, 1972, Reg;
                                                February 3,
                                                2010, Susp.
    Mahtomedi, City of,                270698  April 30, 1979,    ......do..............   Do.
     Washington County.                         Emerg; June 22,
                                                1984, Reg;
                                                February 3,
                                                2010, Susp.
    Marine on Saint Croix, City        270509  September 12,      ......do..............   Do.
     of, Washington County.                     1975, Emerg;
                                                September 27,
                                                1985, Reg;
                                                February 3,
                                                2010, Susp.
    Newport, City of,                  270510  February 15,       ......do..............   Do.
     Washington County.                         1974, Emerg;
                                                July 2, 1980,
                                                Reg; February 3,
                                                2010, Susp.
    Oakdale, City of,                  270511  April 18, 1975,    ......do..............   Do.
     Washington County.                         Emerg; December
                                                26, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Scandia, City of,                  270582  N/A, Emerg;        ......do..............   Do.
     Washington County.                         August 12, 2008,
                                                Reg; February 3,
                                                2010, Susp.
    Saint Mary's Point, City           275247  March 19, 1971,    ......do..............   Do.
     of, Washington County.                     Emerg; February
                                                25, 1972, Reg;
                                                February 3,
                                                2010, Susp.
    Saint Paul Park, City of,          270514  September 11,      ......do..............   Do.
     Washington County.                         1974, Emerg;
                                                June 18, 1980,
                                                Reg; February 3,
                                                2010, Susp.
    Stillwater, City of,               275249  November 5, 1971,  ......do..............   Do.
     Washington County.                         Emerg; March 16,
                                                1973, Reg;
                                                February 3,
                                                2010, Susp.
    Washington County,                 270499  April 30, 1971,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 17,
                                                1982, Reg;
                                                February 3,
                                                2010, Susp.
    Woodbury, City of,                 270699  May 8, 2001,       ......do..............   Do.
     Washington County.                         Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
Ohio:
    Eastlake, City of, Lake            390313  February 4, 1972,  ......do..............   Do.
     County.                                    Emerg; February
                                                18, 1981, Reg;
                                                February 3,
                                                2010, Susp.

[[Page 4003]]


    Fairport Harbor, Village           390314  N/A, Emerg;        ......do..............   Do.
     of, Lake County.                           September 13,
                                                2006, Reg;
                                                February 3,
                                                2010, Susp.
    Grand River, Village of,           390315  September 25,      ......do..............   Do.
     Lake County.                               1975, Emerg;
                                                July 16, 1979,
                                                Reg; February 3,
                                                2010, Susp.
    Kirtland Hills, Village of,        390810  March 17, 1977,    ......do..............   Do.
     Lake County.                               Emerg; October
                                                5, 1984, Reg;
                                                February 3,
                                                2010, Susp.
    Kirtland, City of, Lake            390616  October 27, 1976,  ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1980, Reg;
                                                February 3,
                                                2010, Susp.
    Lake County, Unincorporated        390771  October 22, 1975,  ......do..............   Do.
     Areas.                                     Emerg; January
                                                2, 1981, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeline, Village of, Lake         390888  May 27, 1988,      ......do..............   Do.
     County.                                    Emerg; August 4,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Madison, Village of, Lake          390316  August 26, 1975,   ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1979, Reg;
                                                February 3,
                                                2010, Susp.
    Mentor, City of, Lake              390317  December 29,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                December 1,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    North Perry, Village of,           390742  March 19, 1976,    ......do..............   Do.
     Lake County.                               Emerg; July 16,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
    Painesville, City of, Lake         390319  December 30,       ......do..............   Do.
     County.                                    1971, Emerg;
                                                February 2,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    Perry, Village of, Lake            390320  June 11, 1975,     ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1978, Reg;
                                                February 3,
                                                2010, Susp.
    Timberlake, Village of,            390890  May 27, 1988,      ......do..............   Do.
     Lake County.                               Emerg; August 4,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Waite Hill, Village of,            390649  December 21,       ......do..............   Do.
     Lake County.                               1978, Emerg;
                                                August 1, 1979,
                                                Reg; February 3,
                                                2010, Susp.
    Wickliffe, City of, Lake           390321  August 9, 1976,    ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1980, Reg;
                                                February 3,
                                                2010, Susp.
    Willoughby, City of, Lake          390322  June 12, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1981, Reg;
                                                February 3,
                                                2010, Susp.
    Willowick, City of, Lake           390324  February 18,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                December 4,
                                                1979, Reg;
                                                February 3,
                                                2010, Susp.
Wisconsin:
    Berlin, City of, Green Lake        550166  September 26,      ......do..............   Do.
     County.                                    1973, Emerg;
                                                September 30,
                                                1977, Reg;
                                                February 3,
                                                2010, Susp.
    Green Lake, City of, Green         550167  May 16, 1975,      ......do..............   Do.
     Lake County.                               Emerg; September
                                                27, 1985, Reg;
                                                February 3,
                                                2010, Susp.
    Ladysmith, City of, Rusk           550375  February 14,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 1,
                                                1978, Reg;
                                                February 3,
                                                2010, Susp.
    Markesan, City of, Green           550169  June 9, 1975,      ......do..............   Do.
     Lake County.                               Emerg; July 2,
                                                2003, Reg;
                                                February 3,
                                                2010, Susp.
    Princeton, City of, Green          550171  June 26, 1975,     ......do..............   Do.
     Lake County.                               Emerg; June 15,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Green Lake County,                 550165  March 10, 1972,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 1,
                                                1978, Reg;
                                                February 3,
                                                2010, Susp.
    Rusk County, Unincorporated        550602  May 31, 1988,      ......do..............   Do.
     Areas.                                     Emerg; May 31,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Bruce, Village of, Rusk            550370  November 26,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 1,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
    Hawkins, Village of, Rusk          550373  August 30, 1974,   ......do..............   Do.
     County.                                    Emerg; July 15,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Ingram, Village of, Rusk           550374  July 11, 1979,     ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1987, Reg;
                                                February 3,
                                                2010, Susp.
    Kingston, Village of, Green        550168  April 10, 1975,    ......do..............   Do.
     Lake County.                               Emerg; September
                                                1, 1986, Reg;
                                                February 3,
                                                2010, Susp.
    Marquette, Village of,             550170  April 28, 2008,    ......do..............   Do.
     Green Lake County.                         Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
    Sheldon, Village of, Rusk          550376  July 18, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                February 3,
                                                2010, Susp.
    Tony, Village of, Rusk             550377  July 22, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                16, 1988, Reg;
                                                February 3,
                                                2010, Susp.
           Region VI

Texas:
    Burkburnett, City of,              480658  February 7, 1975,  ......do..............   Do.
     Wichita County.                            Emerg; December
                                                15, 1982, Reg;
                                                February 3,
                                                2010, Susp.
    Iowa Park, City of, Wichita        480660  July 9, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1982, Reg;
                                                February 3,
                                                2010, Susp.
    Lakeside City, City of,            481496  October 23, 1990,  ......do..............   Do.
     Archer and Wichita                         Emerg; April 1,
     Counties.                                  1991, Reg;
                                                February 3,
                                                2010, Susp.

[[Page 4004]]


    Palestine, City of,                480004  August 19, 1975,   ......do..............   Do.
     Anderson County.                           Emerg; February
                                                18, 1981, Reg;
                                                February 3,
                                                2010, Susp.
    Anderson County,                   480001  January 24, 1992,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                1992, Reg;
                                                February 3,
                                                2010, Susp.
           Region VII

Kansas:
    Burlingame, City of, Osage         200249  April 14, 2003,    ......do..............   Do.
     County.                                    Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
    Carbondale, City of, Osage         200250  August 7, 1975,    ......do..............   Do.
     County.                                    Emerg; March 4,
                                                1988, Reg;
                                                February 3,
                                                2010, Susp.
    Lyndon, City of, Osage             200251  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg;
                                                February 3,
                                                2010, Susp.
    Osage County,                      200601  February 11,       ......do..............   Do.
     Unincorporated Areas.                      2005, Emerg; N/
                                                A, Reg; February
                                                3, 2010, Susp.
    Overbrook, City of, Osage          200546  N/A, Emerg;        ......do..............   Do.
     County.                                    January 10,
                                                2008, Reg;
                                                February 3,
                                                2010, Susp.
    Quenemo, City of, Osage            200253  July 6, 1976,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1990, Reg;
                                                February 3,
                                                2010, Susp.
            Region X

Alaska:
    Togiak, City of, Dillingham        020090  January 17, 1997,  ......do..............   Do.
     Census Area.                               Emerg; May 21,
                                                2009, Reg;
                                                February 3,
                                                2010, Susp.
    Lake and Peninsula Borough,        025063  March 4, 2004,     ......do..............   Do.
     Lake and Peninsula Borough.                Emerg; N/A, Reg;
                                                February 3,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 15, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation Department of Homeland 
Security Federal Emergency Management Agency.
[FR Doc. 2010-1414 Filed 1-25-10; 8:45 am]
BILLING CODE 9110-12-P

