
[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Rules and Regulations]               
[Page 5890-5893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe10-7]                         

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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-8115]

 
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.

[[Page 5891]]

    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
----------------------------------------------------------------------------------------------------------------
           Region IV            ............  ..................                          ......................
Alabama:
    Cherokee, City of, Colbert        010208  January 17, 1974,   Apr. 17, 2010.........  Apr. 17, 2010.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               February 17,
                                               2010, Susp.
    Colbert County,                   010318  July 9, 1981,       ......do*.............   Do.
     Unincorporated Areas.                     Emerg; July 9,
                                               1981, Reg;
                                               February 17,
                                               2010, Susp.
    Dallas County,                    010063  April 11, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1986, Reg;
                                               February 17,
                                               2010, Susp.
    Leighton, City of, Colbert        010046  January 17, 1974,   ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1985, Reg;
                                               February 17,
                                               2010, Susp.
    Littleville, Town of,             010330  October 25, 1977,   ......do..............   Do.
     Colbert County.                           Emerg; November
                                               24, 1978, Reg;
                                               February 17,
                                               2010, Susp.
    Muscle Shoals, City of,           010047  January 30, 1974,   ......do..............   Do.
     Colbert County.                           Emerg; December
                                               15, 1977, Reg;
                                               February 17,
                                               2010, Susp.
    Selma, City of, Dallas            010065  May 7, 1974,        ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1986, Reg;
                                               February 17,
                                               2010, Susp.
    Sheffield, City of,               010048  January 10, 1974,   ......do..............   Do.
     Colbert County.                           Emerg; December
                                               15, 1977, Reg;
                                               February 17,
                                               2010, Susp.
    Tuscumbia, City of,               010049  November 27, 1973,  ......do..............   Do.
     Colbert County.                           Emerg; December
                                               1, 1977, Reg;
                                               February 17,
                                               2010, Susp.
    Valley Grande, City of,           010312  N/A, Emerg; June    ......do..............   Do.
     Dallas County.                            8, 2004, Reg;
                                               February 17,
                                               2010, Susp.
Kentucky:
    Clay City, City of, Powell        210195  March 22, 1976,     ......do..............   Do.
     County.                                   Emerg; September
                                               6, 1989, Reg;
                                               February 17,
                                               2010, Susp.
    Powell County,                    210194  November 1, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               27, 1985, Reg;
                                               February 17,
                                               2010, Susp.
    Springfield, City of,             210220  June 4, 1975,       ......do..............   Do.
     Washington County.                        Emerg; July 17,
                                               1986, Reg;
                                               February 17,
                                               2010, Susp.
    Stanton, City of, Powell          210196  July 7, 1975,       ......do..............   Do.
     County.                                   Emerg; January
                                               16, 1987, Reg;
                                               February 17,
                                               2010, Susp.
Mississippi:
    Oktibbeha County,                 280277  April 23, 1979,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 19,
                                               1989, Reg;
                                               February 17,
                                               2010, Susp.
    Starkville, City of,              280124  December 10, 1974,  ......do..............   Do.
     Oktibbeha County.                         Emerg; February
                                               18, 1981, Reg;
                                               February 17,
                                               2010, Susp.

           Region V             ............  ..................                          ......................
Michigan:
    Augusta, Village of,              260312  May 20, 1975,       ......do..............   Do.
     Kalamazoo County.                         Emerg; March 15,
                                               1982, Reg;
                                               February 17,
                                               2010, Susp.
    Comstock, Township of,            260427  January 18, 1977,   ......do..............   Do.
     Kalamazoo County.                         Emerg; November
                                               17, 1982, Reg;
                                               February 17,
                                               2010, Susp.
    Cooper, Township of,              260428  May 6, 1977,        ......do..............   Do.
     Kalamazoo County.                         Emerg; September
                                               28, 1979, Reg;
                                               February 17,
                                               2010, Susp.
    Kalamazoo, City of,               260315  December 26, 1974,  ......do..............   Do.
     Kalamazoo County.                         Emerg; May 1,
                                               1985, Reg;
                                               February 17,
                                               2010, Susp.
    Oshtemo, Charter Township         260736  May 12, 1983,       ......do..............   Do.
     of, Kalamazoo County.                     Emerg; May 25,
                                               1984, Reg;
                                               February 17,
                                               2010, Susp.
    Portage, City of,                 260577  May 20, 1976,       ......do..............   Do.
     Kalamazoo County.                         Emerg; May 16,
                                               1983, Reg;
                                               February 17,
                                               2010, Susp.
    Richland, Township of,            260885  March 31, 1992,     ......do..............   Do.
     Kalamazoo County.                         Emerg; May 19,
                                               1992, Reg;
                                               February 17,
                                               2010, Susp.
    Ross, Township of,                260624  July 24, 1975,      ......do..............   Do.
     Kalamazoo County.                         Emerg; March 15,
                                               1982, Reg;
                                               February 17,
                                               2010, Susp.
    Vicksburg, Village of,            260578  November 10, 1976,  ......do..............   Do.
     Kalamazoo County.                         Emerg; July 2,
                                               1987, Reg;
                                               February 17,
                                               2010, Susp.
Ohio:

[[Page 5892]]


    Cincinnati, City of,              390210  June 27, 1973,      ......do..............   Do.
     Hamilton County.                          Emerg; October
                                               15, 1982, Reg;
                                               February 17,
                                               2010, Susp.
    Greenhills, Village of,           390219  May 6, 1975,        ......do..............   Do.
     Hamilton County.                          Emerg; September
                                               1, 1993, Reg;
                                               February 17,
                                               2010, Susp.
    Milford, City of,                 390227  April 15, 1975,     ......do..............   Do.
     Hamilton, Clermont                        Emerg; January
     Counties.                                 16, 1981, Reg;
                                               February 17,
                                               2010, Susp.
    North Hampton, Village of,        390679  July 3, 1978,       ......do..............   Do.
     Clark County.                             Emerg; September
                                               24, 1984, Reg;
                                               February 17,
                                               2010, Susp.
Wisconsin:
    Biron, Village of, Wood           555545  April 2, 1971,      ......do..............   Do.
     County.                                   Emerg; May 25,
                                               1973, Reg;
                                               February 17,
                                               2010, Susp.
    Marshfield, City of, Wood,        550515  February 18, 1975,  ......do..............   Do.
     Marathon Counties.                        Emerg; October 6,
                                               2009, Reg;
                                               February 17,
                                               2010, Susp.
    Nekoosa, City of, Wood            550516  May 16, 1975,       ......do..............   Do.
     County.                                   Emerg; July 16,
                                               1987, Reg;
                                               February 17,
                                               2010, Susp.
    Pittsville, City of, Wood         550517  March 10, 1975,     ......do..............   Do.
     County.                                   Emerg; November
                                               6, 1991, Reg;
                                               February 17,
                                               2010, Susp.
    Port Edwards, Village of,         555572  July 2, 1971,       ......do..............   Do.
     Wood County.                              Emerg; April 13,
                                               1973, Reg;
                                               February 17,
                                               2010, Susp.

           Region VI

New Mexico:
    Gallup, City of, McKinley         350042  August 6, 1973,     ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1978, Reg;
                                               February 17,
                                               2010, Susp.
    McKinley County,                  350039  May 9, 2007,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               February 17,
                                               2010, Susp.
    Zuni, Pueblo of, McKinley,        350143  December 21, 1978,  ......do..............   Do.
     Cibola, Catron Counties.                  Emerg; September
                                               4, 1987, Reg;
                                               February 17,
                                               2010, Susp.
Texas:
    Copperas Cove, City of,           480155  July 3, 1975,       ......do..............   Do.
     Coryell, Bell, Lampasas                   Emerg; November
     Counties.                                 21, 1978, Reg;
                                               February 17,
                                               2010, Susp.
    Gatesville, City of,              480156  December 18, 1974,  ......do..............   Do.
     Coryell County.                           Emerg; September
                                               30, 1981, Reg;
                                               February 17,
                                               2010, Susp.
    McGregor, City of, Coryell        480459  April 7, 1975,      ......do..............   Do.
     County.                                   Emerg; February
                                               1, 1979, Reg;
                                               February 17,
                                               2010, Susp.
    Oglesby, City of, Coryell         480769  February 5, 2001,   ......do..............   Do.
     County.                                   Emerg; November
                                               1, 2007, Reg;
                                               February 17,
                                               2010, Susp.

          Region VIII

Wyoming:
    Bear River, Town of, Uinta        560103  N/A, Emerg;         ......do..............   Do.
     County.                                   October 12, 2001,
                                               Reg; February 17,
                                               2010, Susp.
    Evanston, City of, Uinta          560054  March 23, 1977,     ......do..............   Do.
     County.                                   Emerg; January
                                               15, 1988, Reg;
                                               February 17,
                                               2010, Susp.
    Mountain View, Town of,           560092  August 25, 1977,    ......do..............   Do.
     Uinta County.                             Emerg; July 4,
                                               1989, Reg;
                                               February 17,
                                               2010, Susp.
    Uinta County,                     560053  January 2, 1976,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               15, 1978, Reg;
                                               February 17,
                                               2010, Susp.

           Region X

Oregon:
    Douglas County,                   410059  December 3, 1971,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               15, 1978, Reg;
                                               February 17,
                                               2010, Susp.
    Drain, City of, Douglas           410061  August 1, 1975,     ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1979, Reg;
                                               February 17,
                                               2010, Susp.
    Elkton, City of, Douglas          410062  January 14, 1976,   ......do..............   Do.
     County.                                   Emerg; September
                                               5, 1979, Reg;
                                               February 17,
                                               2010, Susp.
    Glendale, City of, Douglas        410063  February 18, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978, Reg;
                                               February 17,
                                               2010, Susp.
    Myrtle Creek, City of,            410064  January 14, 1972,   ......do..............   Do.
     Douglas County.                           Emerg; February
                                               15, 1978, Reg;
                                               February 17,
                                               2010, Susp.
    Oakland, City of, Douglas         410271  November 1, 1976,   ......do..............   Do.
     County.                                   Emerg; June 19,
                                               1985, Reg;
                                               February 17,
                                               2010, Susp.
    Reedsport, City of,               410065  May 13, 1975,       ......do..............   Do.
     Douglas County.                           Emerg; April 3,
                                               1984, Reg;
                                               February 17,
                                               2010, Susp.
    Riddle, City of, Douglas          410066  July 22, 1975,      ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1979, Reg;
                                               February 17,
                                               2010, Susp.
    Roseburg, City of, Douglas        410067  December 23, 1971,  ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1977, Reg;
                                               February 17,
                                               2010, Susp.
    Sutherlin, City of,               410275  N/A, Emerg; May     ......do..............   Do.
     Douglas County.                           21, 1997, Reg;
                                               February 17,
                                               2010, Susp.

[[Page 5893]]


    Yoncalla, City of, Douglas        410069  July 21, 1975,      ......do..............   Do.
     County.                                   Emerg; August 21,
                                               1978, Reg;
                                               February 17,
                                               2010, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 27, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2010-2487 Filed 2-4-10; 8:45 am]
BILLING CODE 9110-12-P

