
[Federal Register: August 30, 2010 (Volume 75, Number 167)]
[Rules and Regulations]               
[Page 52861-52865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30au10-5]                         

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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-8145]

 
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

[[Page 52862]]

publication in the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
flood insurance which is generally not otherwise available. In return, 
communities agree to adopt and administer local floodplain management 
aimed at protecting lives and new construction from future flooding. 
Section 1315 of the National Flood Insurance Act of 1968, as amended, 
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under 
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body 
adopts adequate floodplain management measures with effective 
enforcement measures. The communities listed in this document no longer 
meet that statutory requirement for compliance with program 
regulations, 44 CFR part 59. Accordingly, the communities will be 
suspended on the effective date in the third column. As of that date, 
flood insurance will no longer be available in the community. However, 
some of these communities may adopt and submit the required 
documentation of legally enforceable floodplain management measures 
after this rule is published but prior to the actual suspension date. 
These communities will not be suspended and will continue their 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the communities will be published in the Federal 
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) in these communities by publishing a Flood Insurance Rate Map 
(FIRM). The date of the FIRM, if one has been published, is indicated 
in the fourth column of the table. No direct Federal financial 
assistance (except assistance pursuant to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act not in connection with a 
flood) may legally be provided for construction or acquisition of 
buildings in identified SFHAs for communities not participating in the 
NFIP and identified for more than a year, on FEMA's initial flood 
insurance map of the community as having flood-prone areas (section 
202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), 
as amended). This prohibition against certain types of Federal 
assistance becomes effective for the communities listed on the date 
shown in the last column. The Administrator finds that notice and 
public comment under 5 U.S.C. 553(b) are impracticable and unnecessary 
because communities listed in this final rule have been adequately 
notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    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 17, 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:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region II

New York:
    Barker, Village of, Niagara        360498  April 10, 1975,    Sept. 17, 2010........  Sept. 17, 2010.
     County.                                    Emerg; May 1,
                                                1984, Reg;
                                                September 17,
                                                2010, Susp.
    Cambria, Town of, Niagara          360499  July 7, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1983, Reg;
                                                September 17,
                                                2010, Susp.
    Hartland, Town of, Niagara         360500  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; October
                                                7, 1983, Reg;
                                                September 17,
                                                2010, Susp.
    Lewiston, Town of, Niagara         360502  March 27, 1974,    ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg;
                                                September 17,
                                                2010, Susp.
    Lockport, City of, Niagara         360503  December 17,       ......do..............   Do.
     County.                                    1973, Emerg;
                                                February 4,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.

[[Page 52863]]


    Lockport, Town of, Niagara         361013  December 17,       ......do..............   Do.
     County.                                    1973, Emerg;
                                                September 2,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.
    Middleport, Village of,            360505  April 8, 1975,     ......do..............   Do.
     Niagara County.                            Emerg; August 1,
                                                1983, Reg;
                                                September 17,
                                                2010, Susp.
    North Tonawanda, City of,          360508  May 14, 1975,      ......do..............   Do.
     Niagara County.                            Emerg; January
                                                6, 1982, Reg;
                                                September 17,
                                                2010, Susp.
    Pendleton, Town of, Niagara        360509  April 12, 1974,    ......do..............   Do.
     County.                                    Emerg; January
                                                6, 1982, Reg;
                                                September 17,
                                                2010, Susp.
    Porter, Town of, Niagara           360510  July 17, 1974,     ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1983, Reg;
                                                September 17,
                                                2010, Susp.
    Royalton, Town of, Niagara         360511  November 29,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 6, 1979,
                                                Reg; September
                                                17, 2010, Susp.
    Wheatfield, Town of,               360513  July 5, 1973,      ......do..............   Do.
     Niagara County.                            Emerg; July 16,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.
    Youngstown, Village of,            360515  March 30, 1973,    ......do..............   Do.
     Niagara County.                            Emerg; June 4,
                                                1980, Reg;
                                                September 17,
                                                2010, Susp.

           Region III

Virginia:
    Clifton, Town of, Fairfax          510186  December 5, 1973,  ......do..............   Do.
     County.                                    Emerg; May 2,
                                                1977, Reg;
                                                September 17,
                                                2010, Susp.
    Fairfax County,                    515525  June 19, 1970,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                7, 1972, Reg;
                                                September 17,
                                                2010, Susp.
    Gloucester County,                 510071  March 25, 1974,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 4,
                                                1987, Reg;
                                                September 17,
                                                2010, Susp.
    Herndon, Town of, Fairfax          510052  May 21, 1973,      ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1979, Reg;
                                                September 17,
                                                2010, Susp.
    Irvington, Town of,                510221  August 18, 1975,   ......do..............   Do.
     Lancaster County.                          Emerg; August 4,
                                                1987, Reg;
                                                September 17,
                                                2010, Susp.
    Lancaster County,                  510084  November 27,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                March 4, 1988,
                                                Reg; September
                                                17, 2010, Susp.
    Northumberland County,             510107  October 9, 1973,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 4,
                                                1989, Reg;
                                                September 17,
                                                2010, Susp.
    Vienna, Town of, Fairfax           510053  August 8, 1974,    ......do..............   Do.
     County.                                    Emerg; February
                                                3, 1982, Reg;
                                                September 17,
                                                2010, Susp.
    White Stone, Town of,              510235  August 18, 1975,   ......do..............   Do.
     Lancaster County.                          Emerg; September
                                                24, 1984, Reg;
                                                September 17,
                                                2010, Susp.

           Region IV

Alabama:
    Aliceville, City of,               010180  February 8, 1974,  ......do..............   Do.
     Pickens County.                            Emerg; July 17,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
    Ethelsville, Town of,              010281  December 21,       ......do..............   Do.
     Pickens County.                            1978, Emerg;
                                                March 18, 1985,
                                                Reg; September
                                                17, 2010, Susp.
    Gordo, Town of, Pickens            010220  August 6, 1974,    ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1978, Reg;
                                                September 17,
                                                2010, Susp.
    Pickens County,                    010283  May 25, 1976,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 4,
                                                1990, Reg;
                                                September 17,
                                                2010, Susp.
    Pickensville, Town of,             010423  N/A, Emerg; June   ......do..............   Do.
     Pickens County.                            6, 1996, Reg;
                                                September 17,
                                                2010, Susp.
    Reform, Town of, Pickens           010221  July 31, 1974,     ......do..............   Do.
     County.                                    Emerg; July 3,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
Georgia:
    Comer, City of, Madison            130211  May 12, 1975,      ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
    Morganton, City of, Fannin         130449  November 17,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                April 2, 1986,
                                                Reg; September
                                                17, 2010, Susp.
    Mountain City, Town of,            130252  January 30, 1980,  ......do..............   Do.
     Rabun County.                              Emerg; July 9,
                                                1982, Reg;
                                                September 17,
                                                2010, Susp.
    Randolph County,                   130553  May 16, 1997,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                17, 2010, Reg;
                                                September 17,
                                                2010, Susp.
Kentucky:
    Hustonville, City of,              210144  August 26, 1975,   ......do..............   Do.
     Lincoln County.                            Emerg; September
                                                27, 1985, Reg;
                                                September 17,
                                                2010, Susp.
    Stanford, City of, Lincoln         210145  February 26,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                September 27,
                                                1985, Reg;
                                                September 17,
                                                2010, Susp.
Mississippi:
    Alcorn County,                     280267  N/A, Emerg;        ......do..............   Do.
     Unincorporated Areas.                      February 27,
                                                1992, Reg;
                                                September 17,
                                                2010, Susp.
    Coffeeville, Town of,              280186  April 8, 1975,     ......do..............   Do.
     Yalobusha County.                          Emerg; September
                                                4, 1986, Reg;
                                                September 17,
                                                2010, Susp.

[[Page 52864]]


    Corinth, City of, Alcorn           280002  July 26, 1974,     ......do..............   Do.
     County.                                    Emerg; March 16,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.
    Duck Hill, Town of,                280118  June 23, 1975,     ......do..............   Do.
     Montgomery County.                         Emerg; April 2,
                                                1986, Reg;
                                                September 17,
                                                2010, Susp.
    Louisville, City of,               280185  February 11,       ......do..............   Do.
     Winston County.                            1974, Emerg;
                                                June 15, 1978,
                                                Reg; September
                                                17, 2010, Susp.
    Montgomery County,                 280212  April 11, 1974,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1987, Reg;
                                                September 17,
                                                2010, Susp.
    Rienzi, Town of, Alcorn            280322  October 30, 2006,  ......do..............   Do.
     County.                                    Emerg; September
                                                17, 2010, Reg;
                                                September 17,
                                                2010, Susp.
    Water Valley, City of,             280187  December 5, 1974,  ......do..............   Do.
     Yalobusha County.                          Emerg; September
                                                27, 1985, Reg;
                                                September 17,
                                                2010, Susp.
    Winona, City of, Montgomery        280119  February 18,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                July 2, 1987,
                                                Reg; September
                                                17, 2010, Susp.
    Winston County,                    280308  December 21,       ......do..............   Do.
     Unincorporated Areas.                      1978, Emerg;
                                                August 19, 1985,
                                                Reg; September
                                                17, 2010, Susp.
Tennessee:
    Ashland City, Town of,             470027  March 10, 1975,    ......do..............   Do.
     Cheatham County.                           Emerg; April 1,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.
    Cheatham County,                   470026  September 27,      ......do..............   Do.
     Unincorporated Areas.                      1974, Emerg; May
                                                19, 1981, Reg;
                                                September 17,
                                                2010, Susp.
    Decatur, Town of, Meigs            470134  March 27, 1975,    ......do..............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg;
                                                September 17,
                                                2010, Susp.
    Kingston Springs, Town of,         470289  June 11, 1984,     ......do..............   Do.
     Cheatham County.                           Emerg; June 11,
                                                1984, Reg;
                                                September 17,
                                                2010, Susp.
    Pegram, Town of, Cheatham          470291  April 9, 1987,     ......do..............   Do.
     County.                                    Emerg; April 9,
                                                1987, Reg;
                                                September 17,
                                                2010, Susp.

            Region V

Illinois:
    Bonnie, Village of,                170306  September 10,      ......do..............   Do.
     Jefferson County.                          1975, Emerg;
                                                August 19, 1985,
                                                Reg; September
                                                17, 2010, Susp.
    East Dubuque, City of, Jo          170752  June 25, 1975,     ......do..............   Do.
     Daviess County.                            Emerg; October
                                                18, 1983, Reg;
                                                September 17,
                                                2010, Susp.
    Galena, City of, Jo Daviess        175168  August 27, 1971,   ......do..............   Do.
     County.                                    Emerg; July 20,
                                                1973, Reg;
                                                September 17,
                                                2010, Susp.
    Hanover, Village of, Jo            170755  July 21, 1975,     ......do..............   Do.
     Daviess County.                            Emerg; May 4,
                                                1989, Reg;
                                                September 17,
                                                2010, Susp.
    Ina, Village of, Jefferson         170307  March 2, 1976,     ......do..............   Do.
     County.                                    Emerg; May 25,
                                                1984, Reg;
                                                September 17,
                                                2010, Susp.
    Jefferson County,                  170305  October 31, 2000,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                17, 2010, Reg;
                                                September 17,
                                                2010, Susp.
    Jo Daviess County,                 170902  April 19, 1979,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                18, 1984, Reg;
                                                September 17,
                                                2010, Susp.
    Mount Vernon, City of,             170308  September 30,      ......do..............   Do.
     Jefferson County.                          1974, Emerg;
                                                February 15,
                                                1984, Reg;
                                                September 17,
                                                2010, Susp.
    Peoria Heights, Village of,        170537  October 13, 1972,  ......do..............   Do.
     Peoria, Tazewell, and                      Emerg; November
     Woodford Counties.                         1, 1979, Reg;
                                                September 17,
                                                2010, Susp.
    Roanoke, Village of,               170727  June 17, 1975,     ......do..............   Do.
     Woodford County.                           Emerg; September
                                                4, 1987, Reg;
                                                September 17,
                                                2010, Susp.
    Spring Bay, Village of,            170887  August 26, 1977,   ......do..............   Do.
     Woodford County.                           Emerg; June 4,
                                                1980, Reg;
                                                September 17,
                                                2010, Susp.
    Washburn, Village of,              170728  January 27, 1975,  ......do..............   Do.
     Marshall and Woodford                      Emerg; July 2,
     Counties.                                  1987, Reg;
                                                September 17,
                                                2010, Susp.
    Woodford County,                   170730  September 7,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                February 1,
                                                1984, Reg;
                                                September 17,
                                                2010, Susp.
Michigan:
    Bangor, Township of, Bay           260019  March 30, 1973,    ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1979, Reg;
                                                September 17,
                                                2010, Susp.
    Bay City, City of, Bay             260020  March 30, 1973,    ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1978, Reg;
                                                September 17,
                                                2010, Susp.
    Essexville, City of, Bay           260021  March 30, 1973,    ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1978, Reg;
                                                September 17,
                                                2010, Susp.
    Fraser, Township of, Bay           260657  November 13,       ......do..............   Do.
     County.                                    1981, Emerg;
                                                November 13,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.
    Hampton, Township of, Bay          260023  March 30, 1973,    ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
    Kawkawlin, Township of, Bay        260658  January 29, 1979,  ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1979, Reg;
                                                September 17,
                                                2010, Susp.
    Monitor, Township of, Bay          260358  July 21, 1982,     ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                September 17,
                                                2010, Susp.

[[Page 52865]]


    Pinconning, City of, Bay           260607  March 17, 1975,    ......do..............   Do.
     County.                                    Emerg; August 3,
                                                1981, Reg;
                                                September 17,
                                                2010, Susp.
    Pinconning, Township of,           260025  March 30, 1973,    ......do..............   Do.
     Bay County.                                Emerg; September
                                                1, 1978, Reg;
                                                September 17,
                                                2010, Susp.

           Region VII

Missouri:
    Bolivar, City of, Polk             290299  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1988, Reg;
                                                September 17,
                                                2010, Susp.
    Marshfield, City of,               290685  June 13, 1975,     ......do..............   Do.
     Webster County.                            Emerg; September
                                                10, 1984, Reg;
                                                September 17,
                                                2010, Susp.
    Seymour, City of, Webster          290933  N/A, Emerg;        ......do..............   Do.
     County.                                    February 11,
                                                2005, Reg;
                                                September 17,
                                                2010, Susp.
    Webster County,                    290848  N/A, Emerg; April  ......do..............   Do.
     Unincorporated Areas.                      14, 2003, Reg;
                                                September 17,
                                                2010, Susp.

            Region X

Oregon:
    Astoria, City of, Clatsop          410028  October 16, 1974,  ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
    Cannon Beach, City of,             410029  March 6, 1974,     ......do..............   Do.
     Clatsop County.                            Emerg; September
                                                1, 1978, Reg;
                                                September 17,
                                                2010, Susp.
    Clatsop County,                    410027  February 7, 1974,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 3,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
    Gearhart, City of, Clatsop         410030  April 11, 1974,    ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
    Seaside, City of, Clatsop          410032  March 25, 1974,    ......do..............   Do.
     County.                                    Emerg; September
                                                5, 1979, Reg;
                                                September 17,
                                                2010, Susp.
    Warrenton, City of, Clatsop        410033  July 16, 1975,     ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1978, Reg;
                                                September 17,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: August 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-21594 Filed 8-27-10; 8:45 am]
BILLING CODE 9110-12-P

