
[Federal Register: February 8, 2010 (Volume 75, Number 25)]
[Rules and Regulations]               
[Page 6120-6123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe10-13]                         

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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-8119]

 
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.

[[Page 6121]]

    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
----------------------------------------------------------------------------------------------------------------
           Region II

New York:
    Cincinnatus, Town of,             360177  July 7, 1975,       March 2, 2010.........  March 2, 2010
     Cortland County.                          Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Cortland, City of,                360178  February 3, 1975,   ......do*.............   Do.
     Cortland County.                          Emerg; August 15,
                                               1983, Reg; March
                                               2, 2010, Susp.
    Cortlandville, Town of,           360179  June 24, 1975,      ......do*.............   Do.
     Cortland County.                          Emerg; August 15,
                                               1983, Reg; March
                                               2, 2010, Susp.
    Cuyler, Town of, Cortland         361386  June 6, 1977,       ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Freetown, Town of,                361325  June 19, 2007,      ......do*.............   Do.
     Cortland County.                          Emerg; N/A, Reg;
                                               March 2, 2010,
                                               Susp.
    Harford, Town of, Cortland        360180  June 26, 1975,      ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Homer, Town of, Cortland          360181  January 15, 1975,   ......do*.............   Do.
     County.                                   Emerg; August 15,
                                               1983, Reg; March
                                               2, 2010, Susp.
    Homer, Village of,                360182  October 10, 1974,   ......do*.............   Do.
     Cortland County.                          Emerg; August 15,
                                               1983, Reg; March
                                               2, 2010, Susp.
    Lapeer, Town of, Cortland         361326  November 4, 1976,   ......do*.............   Do.
     County.                                   Emerg; July 20,
                                               1984, Reg; March
                                               2, 2010, Susp.
    Marathon, Village of,             360183  November 21, 1974,  ......do*.............   Do.
     Cortland County.                          Emerg; October
                                               15, 1982, Reg;
                                               March 2, 2010,
                                               Susp.
    McGraw, Village of,               360184  March 12, 1975,     ......do*.............   Do.
     Cortland County.                          Emerg; December
                                               1, 1982, Reg;
                                               March 2, 2010,
                                               Susp.
    Preble, Town of, Cortland         360185  June 19, 1975,      ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Scott, Town of, Cortland          361328  December 17, 1975,  ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Solon, Town of, Cortland          361329  February 2, 1976,   ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Taylor, Town of, Cortland         361330  May 19, 1977,       ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Truxton, Town of, Cortland        360186  September 12,       ......do*.............   Do.
     County.                                   1975, Emerg; May
                                               15, 1985, Reg;
                                               March 2, 2010,
                                               Susp.
    Virgil, Town of, Cortland         360187  March 31, 1975,     ......do*.............   Do.
     County.                                   Emerg; May 15,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Willet, Town of, Cortland         361331  January 21, 1977,   ......do*.............   Do.
     County.                                   Emerg; July 20,
                                               1984, Reg; March
                                               2, 2010, Susp.

           Region II

West Virginia: Franklin, Town         540154  July 2, 1975,       ......do*.............   Do.
 of, Pendleton County.                         Emerg; September
                                               1, 1987, Reg;
                                               March 2, 2010,
                                               Susp.

           Region IV

Mississippi:
    Forrest County,                   280052  March 6, 1975,      ......do*.............   Do.
     Unincorporated Areas.                     Emerg; April 2,
                                               1990, Reg; March
                                               2, 2010, Susp.

[[Page 6122]]


    Hattiesburg, City of,             280053  April 3, 1970,      ......do*.............   Do.
     Forrest and Lamar                         Emerg; April 3,
     Counties.                                 1970, Reg; March
                                               2, 2010, Susp.
    Lamar County,                     280304  April 16, 1979,     ......do*.............   Do.
     Unincorporated Areas.                     Emerg; April 2,
                                               1990, Reg; March
                                               2, 2010, Susp.
    Lumberton, City of, Lamar         280337  N/A, Emerg;         ......do*.............   Do.
     and Pearl River Counties.                 February 26,
                                               2009, Reg; March
                                               2, 2010, Susp.
    Petal, City of, Forrest           280260  September 27,       ......do*.............   Do.
     County.                                   1974, Emerg;
                                               April 15, 1980,
                                               Reg; March 2,
                                               2010, Susp.
    Purvis, Town of, Lamar            280318  May 14, 1980,       ......do*.............   Do.
     County.                                   Emerg; March 1,
                                               1987, Reg; March
                                               2, 2010, Susp.
    Sumrall, Town of, Lamar           280326  April 22, 1983,     ......do*.............   Do.
     County.                                   Emerg; August 19,
                                               1985, Reg; March
                                               2, 2010, Susp.
Tennessee: Fentress County,           470343  November 30, 2006,  ......do*.............   Do.
 Unincorporated Areas.                         Emerg; April 1,
                                               2007, Reg; March
                                               2, 2010, Susp.

           Region V

Ohio:
    Camden, Village of, Preble        390461  June 28, 1984,      ......do*.............   Do.
     County.                                   Emerg; June 28,
                                               1984, Reg; March
                                               2, 2010, Susp.
    Coshocton, City of,               390089  July 24, 1975,      ......do*.............   Do.
     Coshocton County.                         Emerg; December
                                               18, 1986, Reg;
                                               March 2, 2010,
                                               Susp.
    Coshocton County,                 390765  February 28, 1977,  ......do*.............   Do.
     Unincorporated Areas.                     Emerg; February
                                               4, 1987, Reg;
                                               March 2, 2010,
                                               Susp.
    Eaton, City of, Preble            390462  February 14, 1975,  ......do*.............   Do.
     County.                                   Emerg; April 15,
                                               1981, Reg; March
                                               2, 2010, Susp.
    New Paris, Village of,            390463  March 3, 1975,      ......do*.............   Do.
     Preble County.                            Emerg; April 15,
                                               1981, Reg; March
                                               2, 2010, Susp.
    Preble County,                    390460  February 12, 1982,  ......do*.............   Do.
     Unincorporated Areas.                     Emerg; February
                                               12, 1982, Reg;
                                               March 2, 2010,
                                               Susp.
    Warsaw, Village of,               390733  August 26, 1977,    ......do*.............   Do.
     Coshocton County.                         Emerg; September
                                               1, 1987, Reg;
                                               March 2, 2010,
                                               Susp.
    West Alexandria, Village          390905  N/A, Emerg; May     ......do*.............   Do.
     of, Preble County.                        21, 2001, Reg;
                                               March 2, 2010,
                                               Susp.
    West Lafayette, Village           390814  August 26, 1977,    ......do*.............   Do.
     of, Coshocton County.                     Emerg; March 22,
                                               1982, Reg; March
                                               2, 2010, Susp.
Wisconsin:
    Bloomer, City of, Chippewa        550042  March 20, 1975,     ......do*.............   Do.
     County.                                   Emerg; August 19,
                                               1991, Reg; March
                                               2, 2010, Susp.
    Cadott, Village of,               550043  January 23, 1975,   ......do*.............   Do.
     Chippewa County.                          Emerg; March 5,
                                               1996, Reg; March
                                               2, 2010, Susp.
    Chippewa County,                  555549  March 26, 1971,     ......do*.............   Do.
     Unincorporated Areas.                     Emerg; June 22,
                                               1973, Reg; March
                                               2, 2010, Susp.
    Chippewa Falls, City of,          550044  April 16, 1971,     ......do*.............   Do.
     Chippewa County.                          Emerg; September
                                               1, 1977, Reg;
                                               March 2, 2010,
                                               Susp.
    Cornell, City of, Chippewa        550045  September 25,       ......do*.............   Do.
     County.                                   1974, Emerg;
                                               September 28,
                                               1990, Reg; March
                                               2, 2010, Susp.
    Eau Claire, City of,              550128  March 19, 1971,     ......do*.............   Do.
     Chippewa and Eau Claire                   Emerg; June 1,
     Counties.                                 1977, Reg; March
                                               2, 2010, Susp.
    Stanley, City of, Chippewa        550047  April 1, 1975,      ......do*.............   Do.
     and Clark Counties.                       Emerg; September
                                               18, 1985, Reg;
                                               March 2, 2010,
                                               Susp.

           Region VI

Arkansas:
    Atkins, City of, Pope             050304  August 7, 1975,     ......do*.............   Do.
     County.                                   Emerg; July 6,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Dover, City of, Pope              050321  May 24, 1976,       ......do*.............   Do.
     County.                                   Emerg; March 15,
                                               1983, Reg; March
                                               2, 2010, Susp.
    London, Town of, Pope             050340  September 17,       ......do*.............   Do.
     County.                                   1975, Emerg; July
                                               13, 1982, Reg;
                                               March 2, 2010,
                                               Susp.
    Pope County,                      050458  April 8, 2005,      ......do*.............   Do.
     Unincorporated Areas.                     Emerg; July 1,
                                               2009, Reg; March
                                               2, 2010, Susp.
    Pottsville, Town of, Pope         050277  August 26, 1976,    ......do*.............   Do.
     County.                                   Emerg; April 15,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Russellville, City of,            050178  July 17, 1970,      ......do*.............   Do.
     Pope County.                              Emerg; July 18,
                                               1970, Reg; March
                                               2, 2010, Susp.
Louisiana:
     Cotton Valley, Town of,          220322  December 21, 1978,  ......do*.............   Do.
     Webster Parish.                           Emerg; October
                                               15, 1985, Reg;
                                               March 2, 2010,
                                               Susp.
    Cullen, Town of, Webster          220235  April 30, 1975,     ......do*.............   Do.
     Parish.                                   Emerg; February
                                               12, 1979, Reg;
                                               March 2, 2010,
                                               Susp.

[[Page 6123]]


    Doyline, Village of,              220236  July 21, 1978,      ......do*.............   Do.
     Webster Parish.                           Emerg; September
                                               18, 1979, Reg;
                                               March 2, 2010,
                                               Susp.
    Minden, City of, Webster          220237  December 17, 1974,  ......do*.............   Do.
     Parish.                                   Emerg; July 18,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Sibley, Village of,               220258  May 16, 1980,       ......do*.............   Do.
     Webster Parish.                           Emerg; July 18,
                                               1985, Reg; March
                                               2, 2010, Susp.
    Springhill, City of,              220238  March 12, 1975,     ......do*.............   Do.
     Webster Parish.                           Emerg; June 15,
                                               1981, Reg; March
                                               2, 2010, Susp.

           Region X

Oregon:
    Amity, City of, Yamhill           410250  May 20, 1975,       ......do*.............   Do.
     County.                                   Emerg; December
                                               1, 1981, Reg;
                                               March 2, 2010,
                                               Susp.
    Carlton, City of, Yamhill         410251  May 6, 1975,        ......do*.............   Do.
     County.                                   Emerg; June 30,
                                               1976, Reg; March
                                               2, 2010, Susp.
    Dayton, City of, Yamhill          410252  June 4, 1975,       ......do*.............   Do.
     County.                                   Emerg; June 1,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Dundee, City of, Yamhill          410253  April 23, 1975,     ......do*.............   Do.
     County.                                   Emerg; March 1,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Lafayette, City of,               410254  May 20, 1975,       ......do*.............   Do.
     Yamhill County.                           Emerg; June 15,
                                               1982, Reg; March
                                               2, 2010, Susp.
    McMinnville, City of,             410255  July 22, 1975,      ......do*.............   Do.
     Yamhill County.                           Emerg; December
                                               1, 1982, Reg;
                                               March 2, 2010,
                                               Susp.
    Newberg, City of, Yamhill         410256  August 5, 1974,     ......do*.............   Do.
     County.                                   Emerg; March 1,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Sheridan, City of, Yamhill        410257  January 21, 1975,   ......do*.............   Do.
     County.                                   Emerg; August 1,
                                               1980, Reg; March
                                               2, 2010, Susp.
    Willamina, City of,               410258  January 21, 1975,   ......do*.............   Do.
     Yamhill County.                           Emerg; March 15,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Yamhill, City of, Yamhill         410259  June 30, 1975,      ......do*.............   Do.
     County.                                   Emerg; March 1,
                                               1982, Reg; March
                                               2, 2010, Susp.
    Yamhill County,                   410249  May 28, 1974,       ......do*.............   Do.
     Unincorporated Areas.                     Emerg; September
                                               30, 1983, Reg;
                                               March 2, 2010,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do=Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: February 2, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland 
Security, Federal Emergency Management Agency.
[FR Doc. 2010-2615 Filed 2-5-10; 8:45 am]
BILLING CODE 9110-12-P

