
[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Rules and Regulations]               
[Page 52865-52868]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au10-6]                         

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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-8143]

 
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

[[Page 52866]]

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 III

West Virginia:
    Ansted, Town of, Fayette           540027  June 10, 1975,     Sept. 3, 2010.........  Sept. 3, 2010.
     County.                                    Emerg; October
                                                30, 1981, Reg;
                                                September 3,
                                                2010, Susp.
    Gauley Bridge, Town of,            540294  September 22,      ......do..............   Do.
     Fayette County.                            1989, Emerg;
                                                September 18,
                                                1991, Reg;
                                                September 3,
                                                2010, Susp.
    Fayette County,                    540026  April 16, 1975,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 4,
                                                1988, Reg;
                                                September 3,
                                                2010, Susp.
    Meadow Bridge, Town of,            540028  October 1, 1975,   ......do..............   Do.
     Fayette County.                            Emerg; January
                                                2, 1991, Reg;
                                                September 3,
                                                2010, Susp.
    Montgomery, City of,               540029  July 2, 1975,      ......do..............   Do.
     Fayette and Kahawha                        Emerg; June 1,
     Counties.                                  1982, Reg;
                                                September 3,
                                                2010, Susp.
    Mount Hope, City of,               540280  October 30, 1974,  ......do..............   Do.
     Fayette County.                            Emerg; August
                                                10, 1979, Reg;
                                                September 3,
                                                2010, Susp.
    Oak Hill, City of, Fayette         540031  October 24, 1974,  ......do..............   Do.
     County.                                    Emerg; January
                                                18, 1980, Reg;
                                                September 3,
                                                2010, Susp.
    Pax, Town of, Fayette              540032  July 8, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                10, 1979, Reg;
                                                September 3,
                                                2010, Susp.
    Smithers, Town of, Fayette         540033  June 12, 1975,     ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1982, Reg;
                                                September 3,
                                                2010, Susp.
           Region IV

Alabama:
    Butler, City of, Choctaw           010033  August 7, 1975,    ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1982, Reg;
                                                September 3,
                                                2010, Susp.
    Choctaw County,                    010310  September 25,      ......do..............   Do.
     Unincorporated Areas.                      1974, Emerg;
                                                September 30,
                                                1988, Reg;
                                                September 3,
                                                2010, Susp.
    Gilbertown, Town of,               010034  January 29, 1979,  ......do..............   Do.
     Choctaw County.                            Emerg; July 3,
                                                1986, Reg;
                                                September 3,
                                                2010, Susp.
    Hueytown, City of,                 010337  April 22, 1975,    ......do..............   Do.
     Jefferson County.                          Emerg; January
                                                2, 1981, Reg;
                                                September 3,
                                                2010, Susp.
    Lipscomb, City of,                 010126  July 25, 1975,     ......do..............   Do.
     Jefferson County.                          Emerg; January
                                                2, 1981, Reg;
                                                September 3,
                                                2010, Susp.

[[Page 52867]]


    Pennington, Town of,               010035  July 16, 1979,     ......do..............   Do.
     Choctaw County.                            Emerg; September
                                                18, 1985, Reg;
                                                September 3,
                                                2010, Susp.
    Silas, Town of, Choctaw            010036  N/A, Emerg;        ......do..............   Do.
     County.                                    February 27,
                                                2006, Reg;
                                                September 3,
                                                2010, Susp.
Georgia: Stewart County,               130393  September 8,       ......do..............   Do.
 Unincorporated Areas.                          1986, Emerg;
                                                July 1, 1987,
                                                Reg; September
                                                3, 2010, Susp.
Mississippi:
    New Albany, Town of, Union         280174  March 25, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                September 3,
                                                2010, Susp.
    Union County,                      280237  December 3, 2007,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                3, 2010, Reg;
                                                September 3,
                                                2010, Susp.
Tennessee:
    Byrdstown, City of, Pickett        470147  February 12,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                July 3, 1986,
                                                Reg; September
                                                3, 2010, Susp.
    Pickett County,                    470384  November 17,       ......do..............   Do.
     Unincorporated Areas.                      1994, Emerg;
                                                February 1,
                                                2006, Reg;
                                                September 3,
                                                2010, Susp.
           Region VI

Louisiana:
    Basile, Town of, Evangeline        220065  January 22, 1976,  ......do..............   Do.
     Parish.                                    Emerg; January
                                                15, 1988, Reg;
                                                September 3,
                                                2010, Susp.
    Evangeline Parish,                 220064  January 12, 1976,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 1,
                                                1988, Reg;
                                                September 3,
                                                2010, Susp.
    Mamou, Town of, Evangeline         220067  September 13,      ......do..............   Do.
     Parish.                                    1974, Emerg;
                                                November 1,
                                                1985, Reg;
                                                September 3,
                                                2010, Susp.
    Pine Prairie, Village of,          220068  July 8, 1975,      ......do..............   Do.
     Evangeline Parish.                         Emerg; June 25,
                                                1976, Reg;
                                                September 3,
                                                2010, Susp.
    Turkey Creek, Village of,          220069  August 11, 2008,   ......do..............   Do.
     Evangeline Parish.                         Emerg; September
                                                1, 2008, Reg;
                                                September 3,
                                                2010, Susp.
    Ville Platte, City of,             220070  April 13, 1976,    ......do..............   Do.
     Evangeline Parish.                         Emerg; October
                                                15, 1985, Reg;
                                                September 3,
                                                2010, Susp.
Oklahoma:
    Bethel Acres, Town of,             400346  June 16, 1989,     ......do..............   Do.
     Pottawatomie County.                       Emerg; December
                                                1, 1989, Reg;
                                                September 3,
                                                2010, Susp.
    Brooksville, City of,              400469  September 19,      ......do..............   Do.
     Pottawatomie County.                       1979, Emerg;
                                                August 19, 1985,
                                                Reg; September
                                                3, 2010, Susp.
    Kickapoo Tribal Lands,             400563  February 26,       ......do..............   Do.
     Pottawatomie County.                       2002, Emerg;
                                                September 3,
                                                2010, Reg;
                                                September 3,
                                                2010, Susp.
    McLoud, Town of,                   400398  December 27,       ......do..............   Do.
     Pottawatomie County.                       1977, Emerg;
                                                October 16,
                                                1987, Reg;
                                                September 3,
                                                2010, Susp.
    Pottawatomie County,               400496  March 26, 1984,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 1,
                                                1988, Reg;
                                                September 3,
                                                2010, Susp.
    Shawnee, City of,                  400178  April 2, 1975,     ......do..............   Do.
     Pottawatomie County.                       Emerg; July 2,
                                                1980, Reg;
                                                September 3,
                                                2010, Susp.
    Tecumseh, City of,                 400179  February 10,       ......do..............   Do.
     Pottawatomie County.                       1975, Emerg;
                                                July 16, 1980,
                                                Reg; September
                                                3, 2010, Susp.
Texas:
    Austin County,                     480704  November 21,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                January 17,
                                                1990, Reg;
                                                September 3,
                                                2010, Susp.
    Bellville, City of, Austin         481095  N/A, Emerg; June   ......do..............   Do.
     County.                                    17, 1998, Reg;
                                                September 3,
                                                2010, Susp.
    Brazos Country, City of,           481693  N/A, Emerg;        ......do..............   Do.
     Austin County.                             December 18,
                                                2001, Reg;
                                                September 3,
                                                2010, Susp.
    Corrigan, City of, Polk            480527  January 26, 1978,  ......do..............   Do.
     County.                                    Emerg; April 20,
                                                1982, Reg;
                                                September 3,
                                                2010, Susp.
    Goodrich, City of, Polk            481070  November 12,       ......do..............   Do.
     County.                                    1980, Emerg;
                                                June 19, 1985,
                                                Reg; September
                                                3, 2010, Susp.
    Livingston, City of, Polk          480528  May 21, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1987, Reg;
                                                September 3,
                                                2010, Susp.
    Onalaska, City of, Polk            480974  November 6, 1996,  ......do..............   Do.
     County.                                    Emerg; November
                                                1, 2007, Reg;
                                                September 3,
                                                2010, Susp.
    Polk County, Unincorporated        480526  September 5,       ......do..............   Do.
     Areas.                                     1990, Emerg;
                                                March 1, 1991,
                                                Reg; September
                                                3, 2010, Susp.
    San Felipe, Town of, Austin        480705  April 7, 1976,     ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1986, Reg;
                                                September 3,
                                                2010, Susp.
    Wood County, Unincorporated        481055  February 21,       ......do..............   Do.
     Areas.                                     2001, Emerg;
                                                August 1, 2008,
                                                Reg; September
                                                3, 2010, Susp.
    Yantis, City of, Wood              481167  December 29,       ......do..............   Do.
     County.                                    1980, Emerg;
                                                October 26,
                                                1982, Reg;
                                                September 3,
                                                2010, Susp.

[[Page 52868]]


           Region IX

Arizona: Yavapai County,               040093  January 31, 1975,  ......do..............   Do.
 Unincorporated Areas.                          Emerg; September
                                                18, 1985, Reg;
                                                September 3,
                                                2010, Susp.
            Region X

Oregon:
    Adams, City of, Umatilla           410205  February 12,       ......do..............   Do.
     County.                                    1976, Emerg; May
                                                15, 1984, Reg;
                                                September 3,
                                                2010, Susp.
    Athena, City of, Umatilla          410206  June 4, 1975,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1984, Reg;
                                                September 3,
                                                2010, Susp.
    Echo, City of, Umatilla            410207  April 15, 1975,    ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1984, Reg;
                                                September 3,
                                                2010, Susp.
    Helix, City of, Umatilla           410208  January 13, 1976,  ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1984, Reg;
                                                September 3,
                                                2010, Susp.
    Hermiston, City of,                410209  November 7, 1974,  ......do..............   Do.
     Umatilla County.                           Emerg; October
                                                28, 1977, Reg;
                                                September 3,
                                                2010, Susp.
    Milton-Freewater, City of,         410210  April 16, 1975,    ......do..............   Do.
     Umatilla County.                           Emerg; September
                                                12, 1978, Reg;
                                                September 3,
                                                2010, Susp.
    Pendleton, City of,                410211  March 3, 1972,     ......do..............   Do.
     Umatilla County.                           Emerg; July 13,
                                                1976, Reg;
                                                September 3,
                                                2010, Susp.
    Pilot Rock, City of,               410212  July 5, 1974,      ......do..............   Do.
     Umatilla County.                           Emerg; August 4,
                                                1988, Reg;
                                                September 3,
                                                2010, Susp.
    Stanfield, City of,                410213  October 2, 1974,   ......do..............   Do.
     Umatilla County.                           Emerg; August
                                                15, 1984, Reg;
                                                September 3,
                                                2010, Susp.
    Ukiah, City of, Umatilla           410279  August 25, 1975,   ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                September 3,
                                                2010, Susp.
    Umatilla, City of, Umatilla        410214  February 6, 1975,  ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                September 3,
                                                2010, Susp.
    Umatilla County,                   410204  February 4, 1972,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1978, Reg;
                                                September 3,
                                                2010, Susp.
    Weston, City of, Umatilla          410215  August 8, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1987, Reg;
                                                September 3,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
 *do = Ditto.
 Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-21597 Filed 8-27-10; 8:45 am]
BILLING CODE 9110-12-P

