
[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Rules and Regulations]               
[Page 38749-38752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy10-16]                         

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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-8137]

 
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

[[Page 38750]]

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
----------------------------------------------------------------------------------------------------------------
           Region IV

Alabama:
    Hurtsboro, Town of, Russell        010185  January 20, 1976,  July 22, 2010.........  July 22, 2010.
     County.                                    Emerg; January
                                                6, 1982, Reg;
                                                July 22, 2010,
                                                Susp.
    Phenix City, City of, Lee          010184  May 24, 1976,      ......do*.............   Do.
     and Russell Counties.                      Emerg; September
                                                16, 1981, Reg;
                                                July 22, 2010,
                                                Susp.
Georgia:
    Claxton, City of, Evans            130210  December 19,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                August 19, 1986,
                                                Reg; July 22,
                                                2010, Susp.
    Hagan, City of, Evans              130311  August 7, 2009,    ......do..............   Do.
     County.                                    Emerg; July 22,
                                                2010, Reg; July
                                                22, 2010, Susp.
    Hilltonia, Town of, Screven        130385  January 30, 1990,  ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1991, Reg; July
                                                22, 2010, Susp.
    Oconee, City of, Washington        130415  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg; July
                                                22, 2010, Susp.
    Rocky Ford, Town of,               130162  July 22, 1992,     ......do..............   Do.
     Screven County.                            Emerg; May 1,
                                                1994, Reg; July
                                                22, 2010, Susp.
    Sandersville, City of,             130228  August 14, 1975,   ......do..............   Do.
     Washington County.                         Emerg; September
                                                1, 1986, Reg;
                                                July 22, 2010,
                                                Susp.
    Tennille, City of,                 130416  July 16, 1975,     ......do..............   Do.
     Washington County.                         Emerg; July 17,
                                                1986, Reg; July
                                                22, 2010, Susp.
    Warren County,                     135262  March 27, 2006,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 22,
                                                2010, Reg; July
                                                22, 2010, Susp.
    Warrenton, City of, Warren         130187  June 23, 1975,     ......do..............   Do.
     County.                                    Emerg; July 23,
                                                1982, Reg; July
                                                22, 2010, Susp.
    Wilkes County,                     135263  March 25, 2002,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 22,
                                                2010, Reg; July
                                                22, 2010, Susp.
Kentucky:
    Guthrie, City of, Todd             210214  June 26, 1975,     ......do..............   Do.
     County.                                    Emerg; April 30,
                                                1986, Reg; July
                                                22, 2010, Susp.
    Pulaski County,                    210197  May 29, 1984,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 16,
                                                1990, Reg; July
                                                22, 2010, Susp.
South Carolina:
    Allendale County,                  450201  N/A, Emerg; June   ......do..............   Do.
     Unincorporated Areas.                      17, 1986, Reg;
                                                July 22, 2010,
                                                Susp.
    Fairfax, Town of, Allendale        450010  July 19, 1995,     ......do..............   Do.
     County.                                    Emerg; July 1,
                                                2003, Reg; July
                                                22, 2010, Susp.
    Sycamore, Town of,                 450011  June 27, 2000,     ......do..............   Do.
     Allendale County.                          Emerg; February
                                                1, 2002, Reg;
                                                July 22, 2010,
                                                Susp.
    Ulmer, Town of, Allendale          450012  August 19, 1976,   ......do..............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg; July
                                                22, 2010, Susp.
            Region V

Ohio:
    Darbyville, Village of,            390712  August 25, 1981,   ......do..............   Do.
     Pickaway County.                           Emerg; August
                                                16, 1988, Reg;
                                                July 22, 2010,
                                                Susp.

[[Page 38751]]


    Dennison, Village of,              390542  July 11, 1975,     ......do..............   Do.
     Tuscarawas County.                         Emerg; December
                                                18, 1986, Reg;
                                                July 22, 2010,
                                                Susp.
    Dover, City of, Tuscarawas         390543  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1987, Reg; July
                                                22, 2010, Susp.
    Frankfort, Village of, Ross        390484  July 11, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                July 22, 2010,
                                                Susp.
    New Holland, Village of,           390448  July 25, 1975,     ......do..............   Do.
     Fayette and Pickaway                       Emerg; January
     Counties.                                  18, 1980, Reg;
                                                July 22, 2010,
                                                Susp.
    New Philadelphia, City of,         390545  July 2, 1975,      ......do..............   Do.
     Tuscarawas County.                         Emerg; January
                                                2, 1987, Reg;
                                                July 22, 2010,
                                                Susp.
    Newcomerstown, Village of,         390544  February 5, 1975,  ......do..............   Do.
     Tuscarawas County.                         Emerg; January
                                                2, 1987, Reg;
                                                July 22, 2010,
                                                Susp.
    Port Washington, Village           390664  June 12, 1975,     ......do..............   Do.
     of, Tuscarawas County.                     Emerg; January
                                                15, 1988, Reg;
                                                July 22, 2010,
                                                Susp.
    South Bloomfield, Village          390449  August 7, 1974,    ......do..............   Do.
     of, Pickaway County.                       Emerg; June 15,
                                                1979, Reg; July
                                                22, 2010, Susp.
    Williamsport, Village of,          390866  April 20, 1979,    ......do..............  ......do
     Pickaway County.                           Emerg; November
                                                23, 1984, Reg;
                                                July 22, 2010,
                                                Susp.
    Zoar, Village of,                  390752  April 7, 1977,     ......do..............   Do.
     Tuscarawas County.                         Emerg; September
                                                4, 1987, Reg;
                                                July 22, 2010,
                                                Susp.
Wisconsin:
    Appleton, City of, Calumet         555542  April 23, 1971,    ......do..............   Do.
     and Outagamie Counties.                    Emerg; April 6,
                                                1973, Reg; July
                                                22, 2010, Susp.
    Bear Creek, Village of,            550526  August 16, 1978,   ......do..............   Do.
     Outagamie County.                          Emerg; August
                                                19, 1986, Reg;
                                                July 22, 2010,
                                                Susp.
    Birnamwood, Village of,            550413  May 2, 1975,       ......do..............   Do.
     Marathon and Shawano                       Emerg; August
     Counties.                                  19, 1985, Reg;
                                                July 22, 2010,
                                                Susp.
    Black Creek, Village of,           550584  November 13,       ......do..............   Do.
     Outagamie County.                          1975, Emerg;
                                                March 2, 1981,
                                                Reg; July 22,
                                                2010, Susp.
    Brokaw, Village of,                550247  January 16, 1975,  ......do..............   Do.
     Marathon County.                           Emerg; June 1,
                                                1988, Reg; July
                                                22, 2010, Susp.
    Hatley, Village of,                550251  June 2, 1975,      ......do..............   Do.
     Marathon County.                           Emerg; September
                                                27, 1985, Reg;
                                                July 22, 2010,
                                                Susp.
    Hortonville, Village of,           550529  April 17, 1975,    ......do..............   Do.
     Outagamie County.                          Emerg; July 2,
                                                1981, Reg; July
                                                22, 2010, Susp.
    Kaukauna, City of,                 550305  July 22, 1975,     ......do..............   Do.
     Outagamie County.                          Emerg; July 16,
                                                1981, Reg; July
                                                22, 2010, Susp.
    Kronenwetter, Village of,          550193  N/A, Emerg;        ......do..............   Do.
     Marathon County.                           October 7, 2008,
                                                Reg; July 22,
                                                2010, Susp.
    Marathon City, Village of,         550252  June 24, 1975,     ......do..............   Do.
     Marathon County.                           Emerg; August
                                                15, 1980, Reg;
                                                July 22, 2010,
                                                Susp.
    Marathon County,                   550245  April 9, 1971,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1979, Reg;
                                                July 22, 2010,
                                                Susp.
    Mosinee, City of, Marathon         555567  May 7, 1971,       ......do..............   Do.
     County.                                    Emerg; December
                                                16, 1973, Reg;
                                                July 22, 2010,
                                                Susp.
    Outagamie County,                  550302  January 14, 1972,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                30, 1977, Reg;
                                                July 22, 2010,
                                                Susp.
    Rothschild, Village of,            555577  April 2, 1971,     ......do..............   Do.
     Marathon County.                           Emerg; May 11,
                                                1973, Reg; July
                                                22, 2010, Susp.
    Schofield, City of,                555579  April 16, 1971,    ......do..............   Do.
     Marathon County.                           Emerg; July 13,
                                                1973, Reg; July
                                                22, 2010, Susp.
    Seymour, City of, Outagamie        550534  February 18,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                November 9,
                                                1979, Reg; July
                                                22, 2010, Susp.
    Stratford, Village of,             550256  March 24, 1975,    ......do..............   Do.
     Marathon County.                           Emerg; May 1,
                                                1987, Reg; July
                                                22, 2010, Susp.
    Wrightstown, Village of,           550025  September 29,      ......do..............   Do.
     Brown and Outagamie                        1976, Emerg; May
     Counties.                                  19, 1981, Reg;
                                                July 22, 2010,
                                                Susp.
           Region VI

Louisiana:
    Elton, Town of, Jefferson          220096  May 6, 1975,       ......do..............   Do.
     Davis Parish.                              Emerg; February
                                                3, 1982, Reg;
                                                July 22, 2010,
                                                Susp.
    Independence, Town of,             220209  July 25, 1975,     ......do..............   Do.
     Tangipahoa Parish.                         Emerg; July 5,
                                                1977, Reg; July
                                                22, 2010, Susp.
    Tangipahoa Parish,                 220206  April 18, 1975,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                2, 1983, Reg;
                                                July 22, 2010,
                                                Susp.
    Tickfaw, City of,                  220214  July 30, 1975,     ......do..............   Do.
     Tangipahoa Parish.                         Emerg; June 28,
                                                1977, Reg; July
                                                22, 2010, Susp.
    Welsh, Town of, Jefferson          220100  December 5, 1974,  ......do..............   Do.
     Davis Parish.                              Emerg; July 16,
                                                1981, Reg; July
                                                22, 2010, Susp.
Oklahoma:

[[Page 38752]]


    Canadian, Town of,                 400272  February 25,       ......do..............   Do.
     Pittsburg County.                          1977, Emerg; May
                                                15, 1985, Reg;
                                                July 22, 2010,
                                                Susp.
    Haileyville, City of,              400167  June 25, 1976,     ......do..............   Do.
     Pittsburg County.                          Emerg; August 5,
                                                1985, Reg; July
                                                22, 2010, Susp.
    Hartshorne, City of,               400387  November 23,       ......do..............   Do.
     Pittsburg County.                          1976, Emerg;
                                                August 5, 1985,
                                                Reg; July 22,
                                                2010, Susp.
    Idabel, City of, McCurtain         400108  August 15, 1975,   ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; July
                                                22, 2010, Susp.
    Krebs, City of, Pittsburg          400169  May 19, 1978,      ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1985, Reg; July
                                                22, 2010, Susp.
    Pittsburg, Town of,                400171  April 14, 1976,    ......do..............   Do.
     Pittsburg County.                          Emerg; October
                                                15, 1985, Reg;
                                                July 22, 2010,
                                                Susp.
    Pittsburg County,                  400494  November 26,       ......do..............   Do.
     Unincorporated Areas.                      2002, Emerg;
                                                November 1,
                                                2007, Reg; July
                                                22, 2010, Susp.
    Quinton, Town of, Pittsburg        400172  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1985, Reg; July
                                                22, 2010, Susp.
    Wright City, City of,              400109  November 29,       ......do..............   Do.
     McCurtain County.                          1976, Emerg; May
                                                17, 1989, Reg;
                                                July 22, 2010,
                                                Susp.
           Region VII

Missouri:
    Hannibal, City of, Marion          290223  August 13, 1971,   ......do..............   Do.
     and Ralls Counties.                        Emerg; August 1,
                                                1978, Reg; July
                                                22, 2010, Susp.
    Marion County,                     290222  June 28, 1973,      Do...................   Do.
     Unincorporated Areas.                      Emerg; May 16,
                                                1977, Reg; July
                                                22, 2010, Susp.
    Palmyra, City of, Marion           290224  N/A, Emerg; March  ......do..............   Do.
     County.                                    4, 2009, Reg;
                                                July 22, 2010,
                                                Susp.
          Region VIII

Montana:
    Custer County,                     300147  August 7, 1979,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1987, Reg;
                                                July 22, 2010,
                                                Susp.
    Denton, Town of, Fergus            300020  February 12,       ......do..............   Do.
     County.                                    1979, Emerg;
                                                July 19, 1982,
                                                Reg; July 22,
                                                2010, Susp.
    Fergus County,                     300019  April 13, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                1, 1982, Reg;
                                                July 22, 2010,
                                                Susp.
    Lewistown, City of, Fergus         300022  July 19, 1974,     ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; July
                                                22, 2010, Susp.
    Miles City, City of, Custer        300014  May 29, 1975,      ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1980, Reg;
                                                July 22, 2010,
                                                Susp.
    Moore, Town of, Fergus             300100  May 11, 1977,      ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; July
                                                22, 2010, Susp.
South Dakota:
    Sanborn County,                    460074  April 21, 1975,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                15, 1985, Reg;
                                                July 22, 2010,
                                                Susp.
    Woonsocket, City of,               460075  May 28, 1975,      ......do..............   Do.
     Sanborn County.                            Emerg; November
                                                15, 1985, Reg;
                                                July 22, 2010,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: June 22, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-16243 Filed 7-2-10; 8:45 am]
BILLING CODE 9110-12-P

