
[Federal Register: October 15, 2010 (Volume 75, Number 199)]
[Rules and Regulations]               
[Page 63399-63402]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15oc10-7]                         

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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-8153]

 
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

[[Page 63400]]

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 III

West Virginia:
    Durbin, Town of, Pocahontas        540158  May 13, 1975,      Nov. 4, 2010..........  Nov. 4, 2010
     County.                                    Emerg; August
                                                24, 1984, Reg;
                                                November 4,
                                                2010, Susp.
    Pocahontas County,                 540283  February 12,       ......do..............   Do.
     Unincorporated Areas.                      1976, Emerg;
                                                October 17,
                                                1989, Reg;
                                                November 4,
                                                2010, Susp.

            Region V
Illinois:
     Marshall County,                  170994  June 8, 1984,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 8,
                                                1984, Reg;
                                                November 4,
                                                2010, Susp.
    Toluca, City of, Marshall          170460  July 31, 1975,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1984, Reg;
                                                November 4,
                                                2010, Susp.
    Wenona, City of, Marshall          170462  August 4, 1975,    ......do..............   Do.
     County.                                    Emerg; December
                                                2, 1988, Reg;
                                                November 4,
                                                2010, Susp.

Ohio:
     Hocking County,                   390272  April 18, 1977,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                16, 1990, Reg;
                                                November 4,
                                                2010, Susp.
    Laurelville, Village of,           390273  May 14, 1975,      ......do..............   Do.
     Hocking County.                            Emerg; November
                                                16, 1995, Reg;
                                                November 4,
                                                2010, Susp.
    Logan, City of, Hocking            390274  July 16, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                17, 1986, Reg;
                                                November 4,
                                                2010, Susp.
    Murray City, Village of,           390275  April 26, 1974,    ......do..............   Do.
     Hocking County..                           Emerg; November
                                                15, 1978, Reg;
                                                November 4,
                                                2010, Susp.
    Pike County, Unincorporated        390450  February 18,       ......do..............   Do.
     Areas.                                     1976, Emerg;
                                                January 15,
                                                1988, Reg;
                                                November 4,
                                                2010, Susp.
    Piketon, Village of, Pike          390451  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                15, 1988, Reg;
                                                November 4,
                                                2010, Susp.
    Waverly, City of, Pike             390452  November 19,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                January 15,
                                                1988, Reg;
                                                November 4,
                                                2010, Susp.

           Region VI

Louisiana:
    Broussard, City of, St.            220102  July 3, 1975,      ......do..............   Do.
     Martin Parish.                             Emerg; March 16,
                                                1988, Reg;
                                                November 4,
                                                2010, Susp.
    Parks, Village of, St.             220190  May 8, 1973,       ......do..............   Do.
     Martin Parish.                             Emerg; July 16,
                                                1980, Reg;
                                                November 4,
                                                2010, Susp.
    St. John the Baptist               220164  February 11,       ......do..............   Do.
     Parish, Unincorporated                     1974, Emerg;
     Areas.                                     July 16, 1980,
                                                Reg; November 4,
                                                2010, Susp.
    St. Martin Parish,                 220178  April 26, 1973,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 3,
                                                1982, Reg;
                                                November 4,
                                                2010, Susp.
    St. Martinville, City of,          220191  May 8, 1973,       ......do..............   Do.
     St. Martin Parish.                         Emerg; December
                                                16, 1980, Reg;
                                                November 4,
                                                2010, Susp.
New Mexico:

[[Page 63401]]


    Cimarron, Village of,              350007  February 3, 1976,  ......do..............   Do.
     Colfax County.                             Emerg; July 1,
                                                1987, Reg;
                                                November 4,
                                                2010, Susp.
    Colfax County,                     350126  July 8, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                30, 1987, Reg;
                                                November 4,
                                                2010, Susp.
    Raton, City of, Colfax             350008  December 5, 1974,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1986, Reg;
                                                November 4,
                                                2010, Susp.
    Springer, Town of, Colfax          350009  October 15, 1974,  ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                November 4,
                                                2010, Susp.
Texas:
    Gray County, Unincorporated        481222  February 5, 2001,  ......do..............   Do.
     Areas.                                     Emerg; November
                                                4, 2010, Reg;
                                                November 4,
                                                2010, Susp.
    Jourdanton, City of,               480703  December 5, 1980,  ......do..............   Do.
     Atascosa County.                           Emerg; July 18,
                                                1985, Reg;
                                                November 4,
                                                2010, Susp.
    Pampa, City of, Gray County        480258  April 19, 1976,    ......do..............   Do.
                                                Emerg; September
                                                1, 1987, Reg;
                                                November 4,
                                                2010, Susp.
    Pleasanton, City of,               480015  February 21,       ......do..............   Do.
     Atascosa County.                           1975, Emerg;
                                                April 1, 1981,
                                                Reg; November 4,
                                                2010, Susp.
    Point Blank, City of, San          481528  January 13, 1995,  ......do..............   Do.
     Jacinto County.                            Emerg; November
                                                4, 2010, Reg;
                                                November 4,
                                                2010, Susp.
    Sabinal, City of, Uvalde           481039  August 14, 2002,   ......do..............   Do.
     County.                                    Emerg; April 1,
                                                2007, Reg;
                                                November 4,
                                                2010, Susp.
    San Jacinto County,                480553  March 23, 1982,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1987, Reg;
                                                November 4,
                                                2010, Susp.
    Shepherd, City of, San             480554  August 18, 1975,   ......do..............   Do.
     Jacinto County.                            Emerg; May 18,
                                                1982, Reg;
                                                November 4,
                                                2010, Susp.
    Uvalde County,                     480629  May 16, 1980,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 4,
                                                1987, Reg;
                                                November 4,
                                                2010, Susp.
           Region VII

Nebraska:
    Crete, City of, Saline             310186  April 17, 1974,    ......do..............   Do.
     County.                                    Emerg; October
                                                15, 1982, Reg;
                                                November 4,
                                                2010, Susp.
    Friend, City of, Saline            310369  July 8, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                November 4,
                                                2010, Susp.
    Saline County,                     310472  February 3, 1981,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                4, 1988, Reg;
                                                November 4,
                                                2010, Susp.
    Swanton, Village of, Saline        310188  August 6, 1975,    ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                November 4,
                                                2010, Susp.
    Wilber, City of, Saline            310189  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; November
                                                3, 1982, Reg;
                                                November 4,
                                                2010, Susp.
          Region VIII

North Dakota:
    Belfield, City of, Stark           380116  July 1, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                5, 1979, Reg;
                                                November 4,
                                                2010, Susp.
    Dickinson, City of, Stark          380117  March 5, 1974,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1978, Reg;
                                                November 4,
                                                2010, Susp.
    South Heart, City of, Stark        380647  July 5, 1983,      ......do..............   Do.
     County.                                    Emerg; February
                                                19, 1986, Reg;
                                                November 4,
                                                2010, Susp.
    Taylor, City of, Stark             380118  May 16, 1978,      ......do..............   Do.
     County.                                    Emerg; August
                                                12, 1980, Reg;
                                                November 4,
                                                2010, Susp.
            Region X


Washington:
    Bainbridge Island, City of,        530307  August 14, 1975,   ......do..............   Do.
     Kitsap County.                             Emerg; February
                                                5, 1986, Reg;
                                                November 4,
                                                2010, Susp.
    Bremerton, City of, Kitsap         530093  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1979, Reg;
                                                November 4,
                                                2010, Susp.
    Kitsap County,                     530092  February 19,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg; May
                                                15, 1980, Reg;
                                                November 4,
                                                2010, Susp.
    Port Orchard, City of,             530094  June 10, 1975,     ......do..............   Do.
     Kitsap County.                             Emerg; November
                                                15, 1979, Reg;
                                                November 4,
                                                2010, Susp.
    Poulsbo, City of, Kitsap           530241  June 19, 1974,     ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1979, Reg;
                                                November 4,
                                                2010, Susp.
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* ......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.



[[Page 63402]]

    Dated: October 6, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-26051 Filed 10-14-10; 8:45 am]
BILLING CODE 9110-12-P

