
[Federal Register: August 13, 2010 (Volume 75, Number 156)]
[Rules and Regulations]               
[Page 49417-49420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13au10-17]                         

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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-8141]

 
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

[[Page 49418]]

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/                                      Date certain  Federal assis-
         State and location            Community    cancellation of sale of flood insurance   Current effective  map date    tance no longer  available
                                          No.                    in community                                                         in  SFHAs
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             Region IV

Alabama:
    Kinston, Town of, Coffee County        010237  October 8, 1975, Emerg; December 30,      August 19, 2010..............  August 19, 2010.
                                                    1977, Reg; August 19, 2010, Susp.
    New Brockton, Town of, Coffee          010238  January 12, 1976, Emerg; July 22, 1977,   ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
Georgia:
    Abbeville, City of, Dodge and          130195  N/A, Emerg; May 26, 1998, Reg; August     ......do.....................   Do.
     Wilcox Counties.                               19, 2010, Susp.
    Alamo, City of, Wheeler County.        130507  September 22, 1994, Emerg; August 19,     ......do.....................   Do.
                                                    2010, Reg; August 19, 2010, Susp.
    Centralhatchee, Town of, Heard         130257  October 6, 1986, Emerg; May 1, 1988,      ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Dodge County, Unincorporated           130523  N/A, Emerg; July 9, 1998, Reg; August     ......do.....................   Do.
     Areas.                                         19, 2010, Susp.
    Franklin, City of, Heard County        130106  July 7, 1975, Emerg; July 17, 1986, Reg;  ......do.....................   Do.
                                                    August 19, 2010, Susp.
    Glenwood, City of, Wheeler             130419  January 6, 2004, Emerg; August 1, 2004,   ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Hazlehurst, City of, Jeff Davis        130114  January 14, 1974, Emerg; August 1, 1979,  ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Heard County, Unincorporated           130105  April 11, 1985, Emerg; August 1, 1986,    ......do.....................   Do.
     Areas.                                         Reg; August 19, 2010, Susp.
    Jeff Davis County,                     130113  N/A, Emerg; February 14, 2005, Reg;       ......do.....................   Do.
     Unincorporated Areas.                          August 19, 2010, Susp.

[[Page 49419]]


    Lumber City, City of, Telfair          130167  September 5, 1975, Emerg; September 29,   ......do.....................   Do.
     County.                                        1986, Reg; August 19, 2010, Susp.
    Lyons, City of, Toombs County..        130223  June 2, 1976, Emerg; May 15, 1986, Reg;   ......do.....................   Do.
                                                    August 19, 2010, Susp.
    Montgomery County,                     130139  October 3, 1994, Emerg; August 19, 2010,  ......do.....................   Do.
     Unincorporated Areas.                          Reg; August 19, 2010, Susp.
    Mount Vernon, City of,                 130140  July 25, 1975, Emerg; August 19, 1986,    ......do.....................   Do.
     Montgomery County.                             Reg; August 19, 2010, Susp.
    Toombs County, Unincorporated          130173  N/A, Emerg; October 31, 1991, Reg;        ......do.....................   Do.
     Areas.                                         August 19, 2010, Susp.
    Treutlen County, Unincorporated        130175  January 22, 1999, Emerg; August 19,       ......do.....................   Do.
     Areas.                                         2010, Reg; August 19, 2010, Susp.
    Uvalda, City of, Montgomery            130361  February 28, 1980, Emerg; July 9, 1982,   ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Wheeler County, Unincorporated         130190  October 11, 1994, Emerg; August 19,       ......do.....................   Do.
     Areas.                                         2010, Reg; August 19, 2010, Susp.
    Wilcox County, Unincorporated          130524  N/A, Emerg; April 16, 1998, Reg; August   ......do.....................   Do.
     Areas.                                         19, 2010, Susp.
Kentucky: Jamestown, City of,              210206  September 5, 1975, Emerg; June 25, 1976,  ......do.....................   Do.
 Russell County.                                    Reg; August 19, 2010, Susp.
Mississippi:
    Bruce, City of.................        280026  February 5, 1975, Emerg; June 18, 1987,   ......do.....................   Do.
    Calhoun County.................                 Reg; August 19, 2010, Susp.
    Calhoun City, City of, Calhoun         280027  March 19, 1975, Emerg; June 18, 1987,     ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Calhoun County, Unincorporated         280288  March 28, 1975, Emerg; January 3, 1990,   ......do.....................   Do.
     Areas.                                         Reg; August 19, 2010, Susp.
    Derma, Town of, Calhoun County.        280217  September 21, 1979, Emerg; September 1,   ......do.....................   Do.
                                                    1987, Reg; August 19, 2010, Susp.
    Pittsboro, Town of, Calhoun            280218  March 19, 1975, Emerg; August 5, 1985,    ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Pontotoc, City of, Pontotoc            280348  August 14, 2000, Emerg; August 19, 2010,  ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Pontotoc County, Unincorporated        280234  July 22, 1977, Emerg; February 1, 1987,   ......do.....................   Do.
     Areas.                                         Reg; August 19, 2010, Susp.
    Sherman, Town of, Lee, Pontotoc        280296  December 21, 1978, Emerg; September 4,    ......do.....................   Do.
     and Union Counties.                            1985, Reg; August 19, 2010, Susp.
    Vardaman, Town of, Calhoun             280327  N/A, Emerg; November 11, 1994, Reg;       ......do.....................   Do.
     County.                                        August 19, 2010, Susp.
              Region V

Ohio:
    Clarington, Village of, Monroe         390405  July 7, 1975, Emerg; November 16, 1983,   ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Monroe County, Unincorporated          390404  February 11, 1977, Emerg; February 15,    ......do.....................   Do.
     Areas.                                         1984, Reg; August 19, 2010, Susp.
Wisconsin:
    Durand, City of................        550320  April 13, 1973, Emerg; June 1, 1977,      ......do.....................   Do.
    Pepin County...................                 Reg; August 19, 2010, Susp.
    Pepin, Village of, Pepin County        555569  April 23, 1971, Emerg; May 26, 1977,      ......do.....................   Do.
                                                    Reg; August 19, 2010, Susp.
    Pepin County, Unincorporated           555570  April 9, 1971, Emerg; December 16, 1972,  ......do.....................   Do.
     Areas.                                         Reg; August 19, 2010, Susp.
    Stockholm, Village of, Pepin           555581  April 23, 1971, Emerg; December 8, 1972,  ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
             Region VI

New Mexico:
    Los Lunas, Village of, Valencia        350144  May 1, 1979, Emerg; October 13, 1987,     ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Valencia County, Unincorporated        350086  April 13, 1979, Emerg; July 2, 1991,      ......do.....................   Do.
     Areas.                                         Reg; August 19, 2010, Susp.
Oklahoma:
    Davenport, Town of, Lincoln            400365  June 30, 1976, Emerg; October 31, 1978,   ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    Hennessey, Town of, Kingfisher         400389  N/A, Emerg; August 26, 2005, Reg; August  ......do.....................   Do.
     County.                                        19, 2010, Susp.
    Kickapoo, Tribe of Oklahoma,           400563  February 26, 2002, Emerg; August 19,      ......do.....................   Do.
     Lincoln, Oklahoma and                          2010, Reg; August 19, 2010, Susp.
     Pottawatomie Counties.
    Kingfisher, City of, Kingfisher        400082  December 23, 1971, Emerg; September 30,   ......do.....................   Do.
     County.                                        1976, Reg; August 19, 2010, Susp.

[[Page 49420]]


    Kingfisher County,                     400471  January 9, 1987, Emerg; September 18,     ......do.....................   Do.
     Unincorporated Areas.                          1991, Reg; August 19, 2010, Susp.
    Lincoln County, Unincorporated         400457  September 28, 1990, Emerg; February 3,    ......do.....................   Do.
     Areas.                                         1993, Reg; August 19, 2010, Susp.
    Piedmont, City of, Canadian and        400027  February 4, 1985, Emerg; February 4,      ......do.....................   Do.
     Kingfisher Counties.                           1985, Reg; August 19, 2010, Susp.
    Prague, City of, Lincoln County        400435  April 21, 1977, Emerg; September 4,       ......do.....................   Do.
                                                    1985, Reg; August 19, 2010, Susp.
            Region VIII

Colorado:
    Bayfield, Town of, La Plata            080098  June 27, 1975, Emerg; September 29,       ......do.....................   Do.
     County.                                        1978, Reg; August 19, 2010, Susp.
    Cedaredge, Town of, Delta              080304  May 27, 1993, Emerg; May 21, 2009, Reg;   ......do.....................   Do.
     County.                                        August 19, 2010, Susp.
    Delta, City of, Delta County...        080043  August 2, 1974, Emerg; June 1, 1984,      ......do.....................   Do.
                                                    Reg; August 19, 2010, Susp.
    Delta County, Unincorporated           080041  April 9, 1979, Emerg; March 15, 1984,     ......do.....................   Do.
     Areas.                                         Reg; August 19, 2010, Susp.
    Durango, City of, La Plata             080099  April 30, 1974, Emerg; January 17, 1979,  ......do.....................   Do.
     County.                                        Reg; August 19, 2010, Susp.
    La Plata County, Unincorporated        080097  December 12, 1974, Emerg; December 15,    ......do.....................   Do.
     Areas.                                         1981, Reg; August 19, 2010, Susp.
    Orchard City, City of, Delta           080258  May 16, 1983, Emerg; May 16, 1983, Reg;   ......do.....................   Do.
     County.                                        August 19, 2010, Susp.
    Paonia, Town of, Delta County..        080045  June 10, 1975, Emerg; March 16, 1983,     ......do.....................   Do.
                                                    Reg; August 19, 2010, Susp.
North Dakota:
    McLean County, Unincorporated          380057  July 12, 1982, Emerg; June 4, 1987, Reg;  ......do.....................   Do.
     Areas.                                         August 19, 2010, Susp.
    Three Affiliated Tribes, Fort          380721  August 23, 2000, Emerg; August 19, 2010,  ......do.....................   Do.
     Berthold Reservation, McLean                   Reg; August 19, 2010, Susp.
     County.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 4, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security Federal Emergency Management Agency.
[FR Doc. 2010-20006 Filed 8-12-10; 8:45 am]
BILLING CODE 9110-12-P

