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Rule

Suspension of Community Eligibility

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Information about this document as published in the Federal Register.

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Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

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.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

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Accordingly,

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PART 64—[AMENDED]

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1. The authority citation for part 64 continues to read as follows:

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

2. The tables published under the authority of § 64.6 are amended as follows:

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain federal assistance no longer available in SFHAs
Region I
Connecticut:
Bethel, Town of, Fairfield County090001July 25, 1975, Emerg; February 15, 1984, Reg; June 18, 2010, SuspJune 18, 2010June 18, 2010.
Bridgeport, City of, Fairfield County090002August 7, 1973, Emerg; October 15, 1980, Reg; June 18, 2010, Susp*......do  Do.
Danbury, City of, Fairfield County090004November 19, 1971, Emerg; May 2, 1977, Reg; June 18, 2010, Susp......do  Do.
Darien, Town of, Fairfield County090005January 19, 1973, Emerg; January 2, 1981, Reg; June 18, 2010, Susp......do  Do.
Greenwich, Town of, Fairfield County090008February 4, 1972, Emerg; September 30, 1977, Reg; June 18, 2010, Susp......do  Do.
Monroe, Town of, Fairfield County090009April 24, 1975, Emerg; April 17, 1985, Reg; June 18, 2010, Susp......do  Do.
New Fairfield, Town of, Fairfield County090188November 17, 1975, Emerg; February 15, 1984, Reg; June 18, 2010, Susp......do  Do.
Newtown, Town of, Fairfield County090011August 28, 1975, Emerg; June 15, 1979, Reg; June 18, 2010, Susp......do  Do.
Norwalk, City of, Fairfield County090012March 10, 1972, Emerg; April 3, 1978, Reg; June 18, 2010, Susp......do  Do.
Redding, Town of, Fairfield County090141September 23, 1974, Emerg; June 15, 1982, Reg; June 18, 2010, Susp......do  Do.
Shelton, City of, Fairfield County090014August 31, 1973, Emerg; September 29, 1978, Reg; June 18, 2010, Susp......do  Do.
Stamford, City of, Fairfield County090015March 10, 1972, Emerg; January 16, 1981, Reg; June 18, 2010, Susp......do  Do.
Stratford, Town of, Fairfield County090016August 18, 1972, Emerg; June 1, 1978, Reg; June 18, 2010, Susp......do  Do.
Trumbull, Town of, Fairfield County090017January 15, 1974, Emerg; December 4, 1979, Reg; June 18, 2010, Susp......do  Do.
Weston, Town of, Fairfield County090018September 8, 1972, Emerg; October 17, 1978, Reg; June 18, 2010, Susp......do  Do.
Region III
Virginia: Nelson County, Unincorporated Areas510102October 4, 1973, Emerg; August 1, 1978, Reg; June 18, 2010, Susp......do  Do.
West Virginia:
Grantsville, Town of, Calhoun County540021April 29, 1975, Emerg; March 18, 1991, Reg; June 18, 2010, Susp......do  Do.
Calhoun County, Unincorporated Areas540020July 8, 1975, Emerg; March 18, 1991, Reg; June 18, 2010, Susp......do  Do.
Region IV
Georgia:
Cumming, City of, Forsyth County130236July 23, 1975, Emerg; August 1, 1986, Reg; June 18, 2010, Susp......do  Do.
Duluth, City of, Gwinnett County130098December 17, 1975, Emerg; June 1, 1981, Reg; June 18, 2010, Susp......do  Do.
Forsyth County, Unincorporated Areas130312April 12, 1977, Emerg; July 4, 1989, Reg; June 18, 2010, Susp......do  Do.
Gibson, City of, Glascock County130091May 7, 1976, Emerg; July 17, 1986, Reg; June 18, 2010, Susp......do  Do.
Gwinnett County, Unincorporated Areas130322April 9, 1975, Emerg; June 15, 1981, Reg; June 18, 2010, Susp......do  Do.
Jasper County, Unincorporated Areas130519January 24, 1995, Emerg; May 6, 1996, Reg; June 18, 2010, Susp......do  Do.
Johns Creek, City of, Fulton County130678N/A, Emerg; August 18, 2009, Reg; June 18, 2010, Susp......do  Do.
Monticello, City of, Jasper County130510October 3, 1994, Emerg; June 18, 2010, Reg; June 18, 2010, Susp......do  Do.
Mississippi:
Blue Mountain, Town of, Tippah County280172April 29, 1975, Emerg; July 3, 1986, Reg; June 18, 2010, Susp......do  Do.
Magnolia, City of, Pike County280297December 21, 1978, Emerg; July 1, 1987, Reg; June 18, 2010, Susp......do  Do.
McComb, City of, Pike County280132July 18, 1975, Emerg; August 1, 1979, Reg; June 18, 2010, Susp......do  Do.
Pike County, Unincorporated Areas280278May 13, 1980, Emerg; September 15, 1989, Reg; June 18, 2010, Susp......do  Do.
Ripley, City of, Tippah County280173August 6, 1975, Emerg; June 4, 1987, Reg; June 18, 2010, Susp......do  Do.
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Tippah County, Unincorporated Areas280282October 31, 2008, Emerg; June 18, 2010, Reg; June 18, 2010, Susp......do  Do.
Walnut, Town of, Tippah County280328August 10, 2007, Emerg; November 1, 2007, Reg; June 18, 2010, Susp......do  Do.
Tennessee: Hancock County, Unincorporated Areas470226March 15, 1995, Emerg; September 1, 2002, Reg; June 18, 2010, Susp......do  Do.
Region V
Illinois:
Gladstone, Village of, Henderson County170279October 25, 1974, Emerg; March 9, 1984, Reg; June 18, 2010, Susp......do  Do.
Gulfport, Village of, Henderson County170280March 12, 1974, Emerg; October 15, 1985, Reg; June 18, 2010, Susp......do  Do.
Henderson County, Unincorporated Areas170277April 12, 1974, Emerg; March 4, 1986, Reg; June 18, 2010, Susp......do  Do.
Lomax, Village of, Henderson County170281July 24, 1974, Emerg; April 3, 1984, Reg; June 18, 2010, Susp......do  Do.
Oquawka, Village of, Henderson County170282April 30, 1974, Emerg; June 1, 1983, Reg; June 18, 2010, Susp......do  Do.
Ohio:
London, City of, Madison County390366January 15, 1976, Emerg; July 2, 1987, Reg; June 18, 2010, Susp......do  Do.
Madison County, Unincorporated Areas390773March 20, 1978, Emerg; February 6, 1991, Reg; June 18, 2010, Susp......do  Do.
West Jefferson, Village of, Madison County390638July 24, 1991, Emerg; June 18, 2010, Reg; June 18, 2010, Susp......do  Do.
Girard, City of, Trumbull County390536August 27, 1975, Emerg; July 2, 1980, Reg; June 18, 2010, Susp......do  Do.
Hubbard, City of, Trumbull County390537June 9, 1975, Emerg; August 15, 1978, Reg; June 18, 2010, Susp......do  Do.
McDonald, Village of, Trumbull County390538July 7, 1975, Emerg; August 8, 1979, Reg; June 18, 2010, Susp......do  Do.
Newton Falls, City of, Trumbull County390539March 23, 1973, Emerg; August 1, 1978, Reg; June 18, 2010, Susp......do  Do.
Niles, City of, Trumbull County390540March 5, 1974, Emerg; June 1, 1978, Reg; June 18, 2010, Susp......do  Do.
Orangeville, Village of, Trumbull County390751May 28, 1976, Emerg; September 4, 1987, Reg; June 18, 2010, Susp......do  Do.
Trumbull County, Unincorporated Areas390535March 16, 1973, Emerg; September 29, 1978, Reg; June 18, 2010, Susp......do  Do.
Warren, City of, Trumbull County390541September 29, 1972, Emerg; August 1, 1977, Reg; June 18, 2010, Susp......do  Do.
Region VI
Arkansas:
Blytheville, City of, Mississippi County050140August 16, 1974, Emerg; September 21, 1982, Reg; June 18, 2010, Susp......do  Do.
Dyess, City of, Mississippi County050143September 10, 1975, Emerg; January 17, 1986, Reg; June 18, 2010, Susp......do  Do.
Joiner, City of, Mississippi County050145September 8, 1975, Emerg; September 21, 1982, Reg; June 18, 2010, Susp......do  Do.
Keiser, City of, Mississippi County050146April 3, 1975, Emerg; September 21, 1982, Reg; June 18, 2010, Susp......do  Do.
Leachville, City of, Mississippi County050147April 11, 1975, Emerg; June 25, 1976, Reg; June 18, 2010, Susp......do  Do.
Luxora, City of, Mississippi County050148June 23, 1975, Emerg; February 1, 1987, Reg; June 18, 2010, Susp......do  Do.
Manila, City of, Mississippi County050149June 13, 1975, Emerg; July 20, 1982, Reg; June 18, 2010, Susp......do  Do.
Marie, Town of, Mississippi County050150July 15, 1975, Emerg; March 22, 1982, Reg; June 18, 2010, Susp......do  Do.
Osceola, City of, Mississippi County050151June 5, 1974, Emerg; June 30, 1976, Reg; June 18, 2010, Susp......do  Do.
Mississippi County, Unincorporated Areas050452July 6, 1979, Emerg; November 1, 1985, Reg; June 18, 2010, Susp......do  Do.
Wilson, City of, Mississippi County050153April 24, 1975, Emerg; June 25, 1976, Reg; June 18, 2010, Susp......do  Do.
Oklahoma:
Elmore City, City of, Garvin County400374December 19, 1977, Emerg; July 20, 1982, Reg; June 18, 2010, Susp......do  Do.
Lindsay, City of, Garvin County400245February 26, 1975, Emerg; January 6, 1983, Reg; June 18, 2010, Susp......do  Do.
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Maysville, Town of, Garvin County400402February 27, 1978, Emerg; September 30, 1981, Reg; June 18, 2010, Susp......do  Do.
Pauls Valley, City of, Garvin County400246December 9, 1976, Emerg; September 17, 1980, Reg; June 18, 2010, Susp......do  Do.
Stratford, Town of, Garvin County400416January 26, 1978, Emerg; November 15, 1985, Reg; June 18, 2010, Susp......do  Do.
Region VII
Nebraska:
Adams, Village of, Gage County310089November 7, 1975, Emerg; March 18, 1985, Reg; June 18, 2010, Susp......do  Do.
Gage County, Unincorporated Areas310088July 27, 1984, Emerg; May 1, 1990, Reg; June 18, 2010, Susp......do  Do.
Odell, Village of, Gage County310094August 26, 1975, Emerg; June 1, 1987, Reg; June 18, 2010, Susp......do  Do.
Region VIII
Wyoming:
Cody, City of, Park County560038April 9, 1975, Emerg; February 2, 1984, Reg; June 18, 2010, Susp......do  Do.
Meeteetse, Town of, Park County560039September 29, 1975, Emerg; October 1, 1986, Reg; June 18, 2010, Susp......do  Do.
Park County, Unincorporated Areas560085March 24, 1983, Emerg; August 1, 1987, Reg; June 18, 2010, Susp......do  Do.
Powell, City of, Park County560040July 23, 1975, Emerg; July 15, 1985, Reg; June 18, 2010, Susp......do  Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: May 28, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.

End Signature End Supplemental Information

[FR Doc. 2010-13715 Filed 6-7-10; 8:45 am]

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