
[Federal Register: September 14, 2010 (Volume 75, Number 177)]
[Rules and Regulations]               
[Page 55683-55686]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se10-7]                         

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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-8149]

 
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

[[Page 55684]]

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
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            Region V

Wisconsin:
    Gillett, City of, Oconto           550295  September 30,      October 6, 2010.......  October 6, 2010
     County.                                    1975, Emerg;
                                                February 1,
                                                1984, Reg;
                                                October 6, 2010,
                                                Susp.
    Lena, Village of, Oconto           550296  July 7, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1985, Reg;
                                                October 6, 2010,
                                                Susp.
    Oconto, City of, Oconto            550297  September 17,      ......do..............   Do.
     County.                                    1973, Emerg;
                                                August 3, 1981,
                                                Reg; October 6,
                                                2010, Susp.
    Oconto County,                     550294  May 21, 1973,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                6, 1983, Reg;
                                                October 6, 2010,
                                                Susp.
    Oconto Falls, City of,             550298  June 23, 1975,     ......do..............   Do.
     Oconto County.                             Emerg; July 16,
                                                1981, Reg;
                                                October 6, 2010,
                                                Susp.
    Pulaski, Village of, Brown,        550024  February 27,       ......do..............   Do.
     Oconto, and Shawano                        1976, Emerg;
     Counties.                                  August 3, 1981,
                                                Reg; October 6,
                                                2010, Susp.
    Suring, Village of, Oconto         550300  January 30, 1975,  ......do..............   Do.
     County.                                    Emerg; December
                                                1, 1983, Reg;
                                                October 6, 2010,
                                                Susp.
           Region VI

Arkansas:
    Elaine, City of, Phillips          050167  March 29, 1974,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                October 6, 2010,
                                                Susp.
    Helena-West Helena, City           050168  February 15,       ......do..............   Do.
     of, Phillips County.                       1974, Emerg;
                                                July 16, 1979,
                                                Reg; October 6,
                                                2010, Susp.
    Lake View, City of,                050169  July 23, 1976,     ......do..............   Do.
     Phillips County.                           Emerg; February
                                                1, 1987, Reg;
                                                October 6, 2010,
                                                Susp.
    Marvell, City of, Phillips         050170  July 28, 1993,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                2008, Reg;
                                                October 6, 2010,
                                                Susp.

[[Page 55685]]


    Phillips County,                   050166  April 28, 1981,    ......do..............   Do.
     Unincorporated Areas..                     Emerg; April 1,
                                                1988, Reg;
                                                October 6, 2010,
                                                Susp.
New Mexico:
    Portales, City of,                 350054  October 29, 1974,  ......do..............   Do.
     Roosevelt County.                          Emerg; January
                                                20, 1982, Reg;
                                                October 6, 2010,
                                                Susp.
    Red River, Town of, Taos           350079  April 18, 1975,    ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                October 6, 2010,
                                                Susp.
    Taos, Town of, Taos County.        350080  August 25, 1975,   ......do..............   Do.
                                                Emerg; August 4,
                                                1987, Reg;
                                                October 6, 2010,
                                                Susp.
    Taos County, Unincorporated        350078  September 25,      ......do..............   Do.
     Areas.                                     1975, Emerg;
                                                January 5, 1989,
                                                Reg; October 6,
                                                2010, Susp.
Texas:
    Big Spring, City of, Howard        480360  February 7, 1975,  ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1981, Reg;
                                                October 6, 2010,
                                                Susp.
    Brooks County,                     481196  July 21, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 1,
                                                1987, Reg;
                                                October 6, 2010,
                                                Susp.
    Coahoma, City of, Howard           481099  September 13,      ......do..............   Do.
     County.                                    2007, Emerg;
                                                October 6, 2010,
                                                Reg; October 6,
                                                2010, Susp.
    Falfurrias, City of, Brooks        480086  March 21, 1975,    ......do..............   Do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                October 6, 2010,
                                                Susp.
    Howard County,                     481227  June 3, 1982,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1988, Reg;
                                                October 6, 2010,
                                                Susp.
    Kountze, City of, Hardin           480845  February 27,       ......do..............   Do.
     County.                                    1987, Emerg;
                                                November 1,
                                                1989, Reg;
                                                October 6, 2010,
                                                Susp.
    Lumberton, City of, Hardin         481111  May 8, 1979,       ......do..............   Do.
     County.                                    Emerg; May 8,
                                                1979, Reg;
                                                October 6, 2010,
                                                Susp.
    Rose Hill Acres, City of,          480846  March 8, 1974,     ......do..............   Do.
     Hardin County.                             Emerg; April 15,
                                                1977, Reg;
                                                October 6, 2010,
                                                Susp.
    Silsbee, City of, Hardin           480285  June 7, 1974,      ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1978, Reg;
                                                October 6, 2010,
                                                Susp.
    Sour Lake, City of, Hardin         480286  June 3, 1974,      ......do..............   Do.
     County.                                    Emerg; October
                                                28, 1977, Reg;
                                                October 6, 2010,
                                                Susp.
           Region VII

Iowa:
    Earlham, City of, Madison          190570  September 6,       ......do..............   Do.
     County.                                    1977, Emerg;
                                                September 30,
                                                1988, Reg;
                                                October 6, 2010,
                                                Susp.
    East Peru, City of, Madison        190450  April 25, 1977,    ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1987, Reg;
                                                October 6, 2010,
                                                Susp.
    Madison County,                    190887  September 10,      ......do..............   Do.
     Unincorporated Areas.                      1993, Emerg;
                                                September 1,
                                                1996, Reg;
                                                October 6, 2010,
                                                Susp.
    Patterson, City of, Madison        190451  March 27, 1979,    ......do..............   Do.
     County.                                    Emerg; January
                                                1, 1987, Reg;
                                                October 6, 2010,
                                                Susp.
    Winterset, City of, Madison        190944  April 24, 1992,    ......do..............   Do.
     County.                                    Emerg; May 3,
                                                1993, Reg;
                                                October 6, 2010,
                                                Susp.
    Kansas: Harvey County,             200585  October 19, 1978,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; August
                                                15, 1983, Reg;
                                                October 6, 2010,
                                                Susp.
    Newton, City of, Harvey            200133  September 13,      ......do..............   Do.
     County.                                    1974, Emerg;
                                                October 2, 1979,
                                                Reg; October 6,
                                                2010, Susp.
    North Newton, City of,             200542  June 28, 1979,     ......do..............   Do.
     Harvey County.                             Emerg; June 28,
                                                1979, Reg;
                                                October 6, 2010,
                                                Susp.
          Region VIII

Utah:
    Uintah County,                     490147  November 30,       ......do..............   Do.
     Unincorporated Areas.                      1977, Emerg;
                                                February 1,
                                                1986, Reg;
                                                October 6, 2010,
                                                Susp.
    Vernal, City of, Uintah            490149  April 16, 1975,    ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1986, Reg;
                                                October 6, 2010,
                                                Susp.
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*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.



[[Page 55686]]

    Dated: September 3, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-22796 Filed 9-13-10; 8:45 am]
BILLING CODE 9110-12-P

