
[Federal Register: July 28, 2010 (Volume 75, Number 144)]
[Rules and Regulations]               
[Page 44152-44155]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy10-14]                         

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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-8139]

 
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

[[Page 44153]]

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:

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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:
    Eutaw, City of, Greene             010093  July 23, 1974,     Aug. 5, 2010..........  Aug. 5, 2010
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                August 5, 2010,
                                                Susp.
    Greene County,                     010091  April 5, 1976,     ......*do.............   Do.
     Unincorporated Areas.                      Emerg; April 16,
                                                1990, Reg;
                                                August 5, 2010,
                                                Susp.
Georgia:
    Brooklet, Town of, Bulloch         130020  September 10,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                July 3, 1986,
                                                Reg; August 5,
                                                2010, Susp.
    Jenkins County,                    130118  January 16, 1976,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                August 5, 2010,
                                                Susp.
    Statesboro, City of,               130021  January 20, 1975,  ......do..............   Do.
     Bulloch County.                            Emerg; May 15,
                                                1980, Reg;
                                                August 5, 2010,
                                                Susp.
    Unified Government of              130379  October 17, 1986,  ......do..............   Do.
     Georgetown, Quitman County.                Emerg; September
                                                1, 1987, Reg;
                                                August 5, 2010,
                                                Susp.
Kentucky:
    Elliott County,                    210372  May 8, 1996,       ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 5,
                                                2010, Reg;
                                                August 5, 2010,
                                                Susp.

[[Page 44154]]


    Inez, City of, Martin              210362  May 19, 1988,      ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1988, Reg;
                                                August 5, 2010,
                                                Susp.
    Martin County,                     210166  April 14, 1977,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                19, 1986, Reg;
                                                August 5, 2010,
                                                Susp.
    Nicholas County,                   210181  April 17, 1975,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                27, 1985, Reg;
                                                August 5, 2010,
                                                Susp.
    Warfield, Town of, Martin          210364  N/A, Emerg;        ......do..............   Do.
     County.                                    September 4,
                                                1986, Reg;
                                                August 5, 2010,
                                                Susp.
            Region V

Illinois:
    Browning, Village of,              170606  June 12, 1974,     ......do..............   Do.
     Schuyler County.                           Emerg; August
                                                16, 1982, Reg;
                                                August 5, 2010,
                                                Susp.
    DuQuoin, City of, Perry            170539  June 13, 1975,     ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1987, Reg;
                                                August 5, 2010,
                                                Susp.
    Perry County,                      170538  September 13,      ......do..............   Do.
     Unincorporated Areas.                      1996, Emerg;
                                                August 5, 2010,
                                                Reg; August 5,
                                                2010, Susp.
    Pinckneyville, City of,            170540  July 2, 1975,      ......do..............   Do.
     Perry County.                              Emerg; September
                                                16, 1982, Reg;
                                                August 5, 2010,
                                                Susp.
           Region VI

Louisiana:
    Arnaudville, Town of, St.          220166  March 4, 1974,     ......do..............   Do.
     Landry and St. Martin                      Emerg; November
     Parishes.                                  1, 1985, Reg;
                                                August 5, 2010,
                                                Susp.
    Cankton, Village of, St.           220167  March 5, 1975,     ......do..............   Do.
     Landry Parish.                             Emerg; June 25,
                                                1976, Reg;
                                                August 5, 2010,
                                                Susp.
    Eunice, City of, Acadia and        220168  June 5, 1975,      ......do..............   Do.
     St. Landry Parishes.                       Emerg; June 1,
                                                1981, Reg;
                                                August 5, 2010,
                                                Susp.
    Grand Coteau, Town of, St.         220169  September 26,      ......do..............   Do.
     Landry Parish.                             1975, Emerg;
                                                June 30, 1976,
                                                Reg; August 5,
                                                2010, Susp.
    Krotz Springs, Town of, St.        220170  May 30, 1973,      ......do..............   Do.
     Landry Parish.                             Emerg; January
                                                15, 1988, Reg;
                                                August 5, 2010,
                                                Susp.
    Leonville, Town of, St.            220171  May 28, 1975,      ......do..............   Do.
     Landry Parish.                             Emerg; November
                                                9, 1982, Reg;
                                                August 5, 2010,
                                                Susp.
    Melville, Town of, St.             220172  May 31, 1973,      ......do..............   Do.
     Landry Parish.                             Emerg; July 3,
                                                1978, Reg;
                                                August 5, 2010,
                                                Susp.
    Opelousas, City of, St.            220173  December 12,       ......do..............   Do.
     Landry Parish.                             1974, Emerg;
                                                August 3, 1981,
                                                Reg; August 5,
                                                2010, Susp.
    Palmetto, Village of, St.          220174  April 12, 1974,    ......do..............   Do.
     Landry Parish.                             Emerg; April 15,
                                                1986, Reg;
                                                August 5, 2010,
                                                Susp.
    Port Barre, Town of, St.           220175  February 28,       ......do..............   Do.
     Landry Parish.                             1974, Emerg;
                                                April 15, 1981,
                                                Reg; August 5,
                                                2010, Susp.
    St. Landry Parish,                 220165  May 15, 1973,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 3,
                                                1982, Reg;
                                                August 5, 2010,
                                                Susp.
    Sunset, Town of, St. Landry        220176  April 24, 1975,    ......do..............   Do.
     Parish.                                    Emerg; March 30,
                                                1982, Reg;
                                                August 5, 2010,
                                                Susp.
    Washington, Town of, St.           220177  May 1, 1975,       ......do..............   Do.
     Landry Parish.                             Emerg; May 1,
                                                1985, Reg;
                                                August 5, 2010,
                                                Susp.
New Mexico:
    Aztec, City of, San Juan           350065  May 9, 1974,       ......do..............   Do.
     County.                                    Emerg; July 15,
                                                1988, Reg;
                                                August 5, 2010,
                                                Susp.
    Bloomfield, City of, San           350066  June 19, 1975,     ......do..............   Do.
     Juan County.                               Emerg; August 8,
                                                1978, Reg;
                                                August 5, 2010,
                                                Susp.
    Clovis, City of, Curry             350010  May 1, 1974,       ......do..............   Do.
     County.                                    Emerg; February
                                                4, 1981, Reg;
                                                August 5, 2010,
                                                Susp.
    Curry County,                      350127  February 11,       ......do..............   Do.
     Unincorporated Areas.                      2005, Emerg;
                                                August 5, 2010,
                                                Reg; August 5,
                                                2010, Susp.
    Farmington, City of, San           350067  August 30, 1974,   ......do..............   Do.
     Juan County.                               Emerg; September
                                                29, 1978, Reg;
                                                August 5, 2010,
                                                Susp.
Oklahoma:
    Afton, Town of, Ottawa             400155  March 30, 1976,    ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1986, Reg;
                                                August 5, 2010,
                                                Susp.
    Commerce, City of, Ottawa          400156  February 7, 1983,  ......do..............   Do.
     County.                                    Emerg; July 18,
                                                1985, Reg;
                                                August 5, 2010,
                                                Susp.
    Delaware County,                   400502  August 2, 1988,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 1,
                                                1990, Reg;
                                                August 5, 2010,
                                                Susp.
    Fairland, Town of, Ottawa          400377  June 29, 1990,     ......do..............   Do.
     County.                                    Emerg; January
                                                1, 1992, Reg;
                                                August 5, 2010,
                                                Susp.
    Grove, City of, Delaware           400385  April 12, 1976,    ......do..............   Do.
     County.                                    Emerg; February
                                                18, 1981, Reg;
                                                August 5, 2010,
                                                Susp.
    Jay, Town of, Delaware             400057  August 5, 1976,    ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1978, Reg;
                                                August 5, 2010,
                                                Susp.

[[Page 44155]]


    Miami, City of, Ottawa             400157  November 29,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                December 16,
                                                1980, Reg;
                                                August 5, 2010,
                                                Susp.
    Ottawa County,                     400154  November 19,       ......do..............   Do.
     Unincorporated Areas.                      1980, Emerg;
                                                December 2,
                                                1988, Reg;
                                                August 5, 2010,
                                                Susp.
    Picher, City of, Ottawa            400159  May 25, 1976,      ......do..............   Do.
     County.                                    Emerg; September
                                                21, 1982, Reg;
                                                August 5, 2010,
                                                Susp.
    Wyandotte, Town of, Ottawa         400161  July 12, 1976,     ......do..............   Do.
     County.                                    Emerg; December
                                                17, 1987, Reg;
                                                August 5, 2010,
                                                Susp.
           Region VII

Kansas:
    Baldwin City, City of,             200088  June 23, 1975,     ......do..............   Do.
     Douglas County.                            Emerg; January
                                                2, 1980, Reg;
                                                August 5, 2010,
                                                Susp.
    Douglas County,                    200087  May 30, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 2,
                                                1981, Reg;
                                                August 5, 2010,
                                                Susp.
          Region VIII

South Dakota:
    Clay County, Unincorporated        460259  May 16, 1986,      ......do..............   Do.
     Areas.                                     Emerg; April 1,
                                                1987, Reg;
                                                August 5, 2010,
                                                Susp.
    Vermillion, City of, Clay          460015  June 24, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                30, 1984, Reg;
                                                August 5, 2010,
                                                Susp.
Wyoming:
    Jackson, Town of, Teton            560052  August 8, 1975,    ......do..............   Do.
     County.                                    Emerg; May 4,
                                                1989, Reg;
                                                August 5, 2010,
                                                Susp.
    Teton County,                      560094  April 19, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 4,
                                                1989, Reg;
                                                August 5, 2010,
                                                Susp.
           Region IX

Nevada:
    Caliente, City of, Lincoln         320015  August 22, 1975,   ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1982, Reg;
                                                August 5, 2010,
                                                Susp.
    Lincoln County,                    320014  December 12,       ......do..............   Do.
     Unincorporated Areas.                      1983, Emerg;
                                                March 1, 1984,
                                                Reg; August 5,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
*do =Ditto.
Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension.


    Dated: July 15, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-18449 Filed 7-27-10; 8:45 am]
BILLING CODE 9110-12-P

