
[Federal Register Volume 75, Number 245 (Wednesday, December 22, 2010)]
[Rules and Regulations]
[Pages 80351-80354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32106]


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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-8161]


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.
    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:

[[Page 80352]]



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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 IV
Kentucky:
    Bourbon County,                    210271  July 31, 1975,     Jan. 6, 2011..........  Jan. 6, 2011.
     Unincorporated Areas.                      Emerg; July 16,
                                                1981, Reg;
                                                January 6, 2011,
                                                Susp.
    Cynthiana, City of,                210107  February 26,       ......do..............   Do.
     Harrison County.                           1975, Emerg;
                                                October 15,
                                                1981, Reg;
                                                January 6, 2011,
                                                Susp.
    Harrison County,                   210329  May 31, 1985,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 31,
                                                1985, Reg;
                                                January 6, 2011,
                                                Susp.
    Millersburg, City of,              210014  October 27, 1977,  ......do..............   Do.
     Bourbon County.                            Emerg; September
                                                27, 1985, Reg;
                                                January 6, 2011,
                                                Susp.
    Paris, City of, Bourbon            210015  July 23, 1974,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1981, Reg;
                                                January 6, 2011,
                                                Susp.
South Carolina:
    Campobello, Town of,               450216  July 7, 1975,      ......do..............   Do.
     Spartanburg County.                        Emerg; November
                                                24, 1978, Reg;
                                                January 6, 2011,
                                                Susp.
    Duncan, Town of,                   450177  April 29, 1975,    ......do..............   Do.
     Spartanburg County.                        Emerg; May 27,
                                                1977, Reg;
                                                January 6, 2011,
                                                Susp.
    Inman, City of, Spartanburg        450217  May 14, 1976,      ......do..............   Do.
     County.                                    Emerg; November
                                                24, 1978, Reg;
                                                January 6, 2011,
                                                Susp.
    Landrum, Town of,                  450215  November 24,       ......do..............   Do.
     Spartanburg County.                        1975, Emerg;
                                                July 16, 1981,
                                                Reg; January 6,
                                                2011, Susp.
    Lyman, Town of Spartanburg         450219  May 15, 1975,      ......do..............   Do.
     County.                                    Emerg; May 27,
                                                1977, Reg;
                                                January 6, 2011,
                                                Susp.
    Pacolet, Town of,                  450180  October 3, 1975,   ......do..............   Do.
     Spartanburg County.                        Emerg; November
                                                24, 1978, Reg;
                                                January 6, 2011,
                                                Susp.
    Spartanburg, City of,              450181  January 14, 1974,  ......do..............   Do.
     Spartanburg County.                        Emerg; June 1,
                                                1978, Reg;
                                                January 6, 2011,
                                                Susp.
    Spartanburg County,                450176  March 5, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 1,
                                                1984, Reg;
                                                January 6, 2011,
                                                Susp.
    Woodruff, City of,                 450214  December 12,       ......do..............   Do.
     Spartanburg County.                        1975, Emerg;
                                                November 24,
                                                1978, Reg;
                                                January 6, 2011,
                                                Susp.
            Region V
 
Indiana:
    Indian Village, Town of,           180225  June 11, 1981,     ......do..............   Do.
     St. Joseph County.                         Emerg; June 11,
                                                1981, Reg;
                                                January 6, 2011,
                                                Susp.
    Mishawaka, City of, St.            180227  February 24,       ......do..............   Do.
     Joseph County.                             1975, Emerg;
                                                August 17, 1981,
                                                Reg; January 6,
                                                2011, Susp.
    North Liberty, Town of, St.        180228  February 24,       ......do..............   Do.
     Joseph County.                             1975, Emerg;
                                                August 19, 1985,
                                                Reg; January 6,
                                                2011, Susp.
    Osceola, Town of, St.              180229  N/A, Emerg;        ......do..............   Do.
     Joseph County.                             December 14,
                                                1992, Reg;
                                                January 6, 2011,
                                                Susp.
    Roseland, Town of, St.             185179  May 5, 1972,       ......do..............   Do.
     Joseph County.                             Emerg; May 4,
                                                1973, Reg;
                                                January 6, 2011,
                                                Susp.
    South Bend, City of, St.           180231  August 16, 1974,   ......do..............   Do.
     Joseph County.                             Emerg; February
                                                1, 1978, Reg;
                                                January 6, 2011,
                                                Susp.
    St. Joseph County,                 180224  October 22, 1971,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; August
                                                15, 1978, Reg;
                                                January 6, 2011,
                                                Susp.
    Walkerton, Town of, St.            180232  July 15, 1975,     ......do..............   Do.
     Joseph County.                             Emerg; April 15,
                                                1981, Reg;
                                                January 6, 2011,
                                                Susp.
Ohio:
    Belle Valley, Village of,          390429  September 22,      ......do..............   Do.
     Noble County.                              1975, Emerg;
                                                November 2,
                                                1990, Reg;
                                                January 6, 2011,
                                                Susp.
    Caldwell, Village of, Noble        390430  August 1, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1987, Reg;
                                                January 6, 2011,
                                                Susp.
    Dexter City, Village of,           390431  August 19, 1975,   ......do..............   Do.
     Noble County.                              Emerg; August
                                                19, 1987, Reg;
                                                January 6, 2011,
                                                Susp.
    Noble County,                      390428  May 19, 1976,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                1, 1988, Reg;
                                                January 6, 2011,
                                                Susp.
    Sarahsville, Village of,           390706  February 9, 2006,  ......do..............   Do
     Noble County.                              Emerg; January
                                                6, 2011, Reg;
                                                January 6, 2011,
                                                Susp.
 
           Region VI
 
Arkansas:
    Drew County, Unincorporated        050430  October 14, 1998,  ......Do..............   Do.
     Areas.                                     Emerg; July 1,
                                                2009, Reg;
                                                January 6, 2011,
                                                Susp.
    Monticello, City of, Drew          050074  April 3, 1975,     ......do..............   Do.
     County.                                    Emerg; April 1,
                                                1982, Reg;
                                                January 6, 2011,
                                                Susp.
    Tillar, City of, Desha and         050075  April 3, 1975,     ......do..............   Do.
     Drew Counties.                             Emerg; February
                                                1, 1988, Reg;
                                                January 6, 2011,
                                                Susp.
    Wilmar, City of, Drew              050076  July 17, 1975,     ......do..............   Do.
     County.                                    Emerg; October
                                                12, 1982, Reg;
                                                January 6, 2011,
                                                Susp.

[[Page 80353]]

 
    Winchester, City of, Drew          050077  April 15, 2004,    ......do..............   Do.
     County.                                    Emerg; August 1,
                                                2009, Reg;
                                                January 6, 2011,
                                                Susp.
New Mexico:
    Bayard, City of, Grant             350019  October 28, 1975,  ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1988, Reg;
                                                January 6, 2011,
                                                Susp.
    Grant County,                      350121  July 2, 1991,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1992, Reg;
                                                January 6, 2011,
                                                Susp.
    Santa Clara, Village of,           350020  June 5, 1975,      ......do..............   Do.
     Grant County.                              Emerg; July 1,
                                                1987, Reg;
                                                January 6, 2011,
                                                Susp.
    Silver City, Town of, Grant        350022  July 22, 1975,     ......do..............   Do.
     County.                                    Emerg; May 17,
                                                1988, Reg;
                                                January 6, 2011,
                                                Susp.
Oklahoma:
    Beggs, City of, Okmulgee           400345  October 8, 1976,   ......do..............   Do.
     County.                                    Emerg; September
                                                19, 1978, Reg;
                                                January 6, 2011,
                                                Susp.
    Butler, Town of, Custer            400266  February 15,       ......do..............   Do.
     County.                                    1983, Emerg; May
                                                15, 1985, Reg;
                                                January 6, 2011,
                                                Susp.
    Clinton, City of, Custer           400054  November 25,       ......do..............   Do.
     and Washita Counties.                      1974, Emerg;
                                                July 2, 1980,
                                                Reg; January 6,
                                                2011, Susp.
    Custer County,                     400486  July 20, 1994,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; N/A, Reg;
                                                January 6, 2011,
                                                Susp.
    Dewar, Town of, Okmulgee           400143  November 21,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                June 5, 1985,
                                                Reg; January 6,
                                                2011, Susp.
    Henryetta, City of,                400144  August 19, 1975,   ......do..............   Do.
     Okmulgee County.                           Emerg; March 4,
                                                1980, Reg;
                                                January 6, 2011,
                                                Susp.
    Hoffman, Town of, Okmulgee         400285  September 30,      ......do..............   Do.
     County.                                    1976, Emerg;
                                                August 5, 1985,
                                                Reg; January 6,
                                                2011, Susp.
    Morris, City of, Okmulgee          400407  February 24,       ......do..............   Do.
     County.                                    1977, Emerg;
                                                June 29, 1982,
                                                Reg; January 6,
                                                2011, Susp.
    Okmulgee, City of, Okmulgee        400145  April 29, 1975,    ......do..............   Do.
     County.                                    Emerg; February
                                                4, 1981, Reg;
                                                January 6, 2011,
                                                Susp.
    Okmulgee County,                   400492  April 1, 1985,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                27, 1991, Reg;
                                                January 6, 2011,
                                                Susp.
    Weatherford, City of,              400056  February 7, 1975,  ......do..............   Do.
     Custer County.                             Emerg; December
                                                18, 1979, Reg;
                                                January 6, 2011,
                                                Susp.
Texas:
    Alto, Town of, Cherokee            480740  January 24, 1977,  ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                January 6, 2011,
                                                Susp.
    Bosque County,                     480051  May 4, 1976,       ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 1,
                                                1987, Reg;
                                                January 6, 2011,
                                                Susp.
    Burleson County,                   481169  July 6, 1987,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                18, 1989, Reg;
                                                January 6, 2011,
                                                Susp.
    Caldwell, City of, Burleson        480089  March 31, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1988, Reg;
                                                January 6, 2011,
                                                Susp.
    Cherokee County,                   480739  June 16, 1989,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                1, 1989, Reg;
                                                January 6, 2011,
                                                Susp.
    Clifton, City of, Bosque           480052  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; April 1,
                                                1987, Reg;
                                                January 6, 2011,
                                                Susp.
    Cranfills Gap, City of,            481512  May 20, 1991,      ......do..............   Do.
     Bosque County.                             Emerg; January
                                                1, 1992, Reg;
                                                January 6, 2011,
                                                Susp.
    DeWitt County,                     481171  October 1, 1981,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                1987, Reg;
                                                January 6, 2011,
                                                Susp.
    Iredell, Town of, Bosque           481072  April 7, 1992,     ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1992, Reg;
                                                January 6, 2011,
                                                Susp.
    Jacksonville, City of,             480123  September 3,       ......do..............   Do.
     Cherokee County.                           1974, Emerg;
                                                February 18,
                                                1981, Reg;
                                                January 6, 2011,
                                                Susp.
    Meridian, City of, Bosque          480053  June 4, 1975,      ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1987, Reg;
                                                January 6, 2011,
                                                Susp.
    New Summerfield, City of,          481153  January 21, 2010,  ......do..............   Do.
     Cherokee County.                           Emerg; January
                                                6, 2011, Reg;
                                                January 6, 2011,
                                                Susp.
    Rusk, City of, Cherokee            480124  June 20, 1975,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1988, Reg;
                                                January 6, 2011,
                                                Susp.
    Snook, City of, Burleson           480090  N/A, Emerg;        ......do..............   Do.
     County.                                    September 15,
                                                2001, Reg;
                                                January 6, 2011,
                                                Susp.
    Somerville, City of,               480091  July 21, 1975,     ......do..............   Do.
     Burleson County.                           Emerg; June 4,
                                                1990, Reg;
                                                January 6, 2011,
                                                Susp.
    Troup, City of, Cherokee           480570  August 15, 1975,   ......do..............   Do.
     and Smith Counties.                        Emerg; January
                                                23, 1979, Reg;
                                                January 6, 2011,
                                                Susp.
    Valley Mills, City of,             480054  July 31, 1975,     ......do..............   Do.
     Bosque and McLennan                        Emerg; November
     Counties.                                  15, 1979, Reg;
                                                January 6, 2011,
                                                Susp.

[[Page 80354]]

 
    Wells, City of, Cherokee           480741  February 4, 1991,  ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1991, Reg;
                                                January 6, 2011,
                                                Susp.
    Yorktown, City of, DeWitt          480197  January 16, 1974,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1987, Reg;
                                                January 6, 2011,
                                                Susp.
           Region VII
 
Iowa:
    Anita, City of, Cass County        190048  April 11, 1975,    ......do..............   Do.
                                                Emerg; June 17,
                                                1986, Reg;
                                                January 6, 2011,
                                                Susp.
    Atlantic, City of, Cass            190049  July 8, 1975,      ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg;
                                                January 6, 2011,
                                                Susp.
    Cass County, Unincorporated        190852  August 25, 1975,   ......do..............   Do.
     Areas.                                     Emerg; September
                                                1, 1986, Reg;
                                                January 6, 2011,
                                                Susp.
    Lewis, City of, Cass County        190347  October 26, 1976,  ......do..............   Do.
                                                Emerg; August
                                                26, 1977, Reg;
                                                January 6, 2011,
                                                Susp.
    Marne, City of, Cass County        190348  September 11,      ......do..............   Do.
                                                2008, Emerg;
                                                January 6, 2011,
                                                Reg; January 6,
                                                2011, Susp.
    Massena, City of, Cass             190349  January 15, 2008,  ......do..............   Do.
     County.                                    Emerg; January
                                                6, 2011, Reg;
                                                January 6, 2011,
                                                Susp.
Missouri:
    Calhoun, City of, Henry            290622  November 7, 1975,  ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                January 6, 2011,
                                                Susp.
    Cedar County,                      290791  N/A, Emerg; April  ......do..............   Do.
     Unincorporated Areas.                      11, 2006, Reg;
                                                January 6, 2011,
                                                Susp.
    Clinton, City of, Henry            290155  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; July 4,
                                                1988, Reg;
                                                January 6, 2011,
                                                Susp.
    Henry County,                      290804  January 29, 2007,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                6, 2011, Reg;
                                                January 6, 2011,
                                                Susp.
    Stockton, City of, Cedar           290667  N/A, Emerg;        ......do..............   Do.
     County.                                    September 25,
                                                2003, Reg;
                                                January 6, 2011,
                                                Susp.
    Windsor, City of, Henry            290156  March 30, 1976,    ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1985, Reg;
                                                January 6, 2011,
                                                Susp.
           Region IX
 
California: Gridley, City of,          060019  N/A, Emerg; April  ......do..............   Do.
 Butte County                                   25, 1997, Reg;
                                                January 6, 2011,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: December 7, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-32106 Filed 12-21-10; 8:45 am]
BILLING CODE 9110-12-P


