
[Federal Register: September 22, 2010 (Volume 75, Number 183)]
[Rules and Regulations]               
[Page 57688-57690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se10-9]                         

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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-8151]

 
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 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.

[[Page 57689]]

    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 I

Rhode Island:
    Charlestown, Town of,              445395  October 30, 1970,  Oct. 19, 2010.........  Oct. 19, 2010.
     Washington County.                         Emerg; July 13,
                                                1972, Reg;
                                                October 19,
                                                2010, Susp.
    Exeter, Town of, Washington        440032  February 4, 1976,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1982, Reg;
                                                October 19,
                                                2010, Susp.
    Hopkinton, Town of,                440028  September 8,       ......do..............   Do.
     Washington County.                         1975, Emerg;
                                                March 16, 1981,
                                                Reg; October 19,
                                                2010, Susp.
    Narragansett Indian Tribe,         445414  N/A, Emerg;        ......do..............   Do.
     Washington County.                         February 14,
                                                2005, Reg;
                                                October 19,
                                                2010, Susp.
    Narragansett, Town of,             445402  September 18,      ......do..............   Do.
     Washington County.                         1970, Emerg;
                                                December 3,
                                                1971, Reg;
                                                October 19,
                                                2010, Susp.
    New Shoreham, Town of,             440036  October 16, 1975,  ......do..............   Do.
     Washington County.                         Emerg; April 3,
                                                1985, Reg;
                                                October 19,
                                                2010, Susp.
    North Kingstown, Town of,          445404  September 18,      ......do..............   Do.
     Washington County.                         1970, Emerg;
                                                July 14, 1972,
                                                Reg; October 19,
                                                2010, Susp.
    Richmond, Town of,                 440031  July 7, 1975,      ......do..............   Do.
     Washington County.                         Emerg; November
                                                5, 1980, Reg;
                                                October 19,
                                                2010, Susp.
    South Kingstown, Town of,          445407  September 11,      ......do..............   Do.
     Washington County.                         1970, Emerg;
                                                June 23, 1972,
                                                Reg; October 19,
                                                2010, Susp.
    Westerly, Town of,                 445410  August 14, 1970,   ......do..............   Do.
     Washington County.                         Emerg; July 28,
                                                1972, Reg;
                                                October 19,
                                                2010, Susp.

           Region IV

Alabama:
    Guin, City of, Marion              010162  January 17, 1974,  ......do..............   Do.
     County.                                    Emerg; September
                                                28, 1979, Reg;
                                                October 19,
                                                2010, Susp.
    Hamilton, City of, Marion          010163  December 10,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                January 16,
                                                1980, Reg;
                                                October 19,
                                                2010, Susp.
    Marion County,                     010161  November 6, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                4, 1979, Reg;
                                                October 19,
                                                2010, Susp.
    Winfield, City of, Marion          010164  January 23, 1974,  ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1979, Reg;
                                                October 19,
                                                2010, Susp.
Kentucky: Brownsville, City of,        210236  June 13, 1989,     ......do..............   Do.
 Edmonson County.                               Emerg; September
                                                4, 1991, Reg;
                                                October 19,
                                                2010, Susp.
Tennessee:
    Cumberland City, Town of,          470375  June 20, 2007,     ......do..............   Do.
     Stewart County.                            Emerg; October
                                                19, 2010, Reg;
                                                October 19,
                                                2010, Susp.
    Dover, Town of, Stewart            470237  August 19, 1988,   ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1990, Reg;
                                                October 19,
                                                2010, Susp.
    Erin, City of, Houston             470213  April 23, 1974,    ......do..............   Do.
     County.                                    Emerg; July 17,
                                                1986, Reg;
                                                October 19,
                                                2010, Susp.

           Region VI

New Mexico:
    Deming, City of, Luna              350038  June 2, 1975,      ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1979, Reg;
                                                October 19,
                                                2010, Susp.
    Luna County, Unincorporated        350139  August 20, 1976,   ......do..............   Do.
     Areas.                                     Emerg; September
                                                14, 1990, Reg;
                                                October 19,
                                                2010, Susp.
Texas:
    Goliad, City of, Goliad            480828  October 26, 1984,  ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1986, Reg;
                                                October 19,
                                                2010, Susp.
    Goliad County,                     480827  April 19, 1996,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; October
                                                19, 2010, Reg;
                                                October 19,
                                                2010, Susp.
    Karnes City, City of,              480405  June 10, 1975,     ......do..............   Do.
     Karnes County.                             Emerg; August 1,
                                                1986, Reg;
                                                October 19,
                                                2010, Susp.
    Karnes County,                     481175  April 12, 1999,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                2004, Reg;
                                                October 19,
                                                2010, Susp.
    Kenedy, City of, Karnes            485482  September 4,       ......do..............   Do.
     County.                                    1970, Emerg;
                                                June 25, 1971,
                                                Reg; October 19,
                                                2010, Susp.

[[Page 57690]]


    Maud, City of, Bowie County        480057  June 2, 1975,      ......do..............   Do.
                                                Emerg; December
                                                12, 1978, Reg;
                                                October 19,
                                                2010, Susp.
    Nash, City of, Bowie County        480058  April 7, 1975,     ......do..............   Do.
                                                Emerg; June 21,
                                                1977, Reg;
                                                October 19,
                                                2010, Susp.
    Redwater, Town of, Bowie           480309  April 17, 2009,    ......do..............   Do.
     County.                                    Emerg; October
                                                19, 2010, Reg;
                                                October 19,
                                                2010, Susp.
    Upshur County,                     481036  February 27,       ......do..............   Do.
     Unincorporated Areas.                      1981, Emerg; May
                                                1, 1987, Reg;
                                                October 19,
                                                2010, Susp.
    Wake Village, City of,             480061  September 24,      ......do..............   Do.
     Bowie County.                              1974, Emerg;
                                                October 15,
                                                1985, Reg;
                                                October 19,
                                                2010, Susp.

           Region VII

Kansas:
    Cowley County,                     200563  February 26,       ......do..............   Do.
     Unincorporated Areas.                      1979, Emerg;
                                                August 5, 1991,
                                                Reg; October 19,
                                                2010, Susp.
    Winfield, City of, Cowley          200071  May 30, 1974,      ......do..............   Do.
     County.                                    Emerg; March 16,
                                                1981, Reg;
                                                October 19,
                                                2010, Susp.

          Region VIII

South Dakota:
    Doland, Town of, Spink             460079  May 11, 1978,      ......do..............   Do.
     County.                                    Emerg; November
                                                12, 1985, Reg;
                                                October 19,
                                                2010, Susp.
    Redfield, City of, Spink           460081  May 22, 1975,      ......do..............   Do.
     County.                                    Emerg; November
                                                15, 1985, Reg;
                                                October 19,
                                                2010, Susp.
    Spink County,                      460076  March 28, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 5,
                                                1986, Reg;
                                                October 19,
                                                2010, Susp.
----------------------------------------------------------------------------------------------------------------
......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: September 15, 2010.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security Federal Emergency Management Agency.
[FR Doc. 2010-23710 Filed 9-21-10; 8:45 am]
BILLING CODE 9110-12-P

