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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 Start Printed Page 38750date. 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

  • Flood insurance
  • Floodplains
End List of Subjects Start Amendment Part

Accordingly, 44 CFR part 64 is amended as follows:

End Amendment Part Start Part

PART 64—[AMENDED]

End Part Start Amendment Part

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 IV
Alabama:
Hurtsboro, Town of, Russell County010185January 20, 1976, Emerg; January 6, 1982, Reg; July 22, 2010, SuspJuly 22, 2010July 22, 2010.
Phenix City, City of, Lee and Russell Counties010184May 24, 1976, Emerg; September 16, 1981, Reg; July 22, 2010, Susp......do*  Do.
Georgia:
Claxton, City of, Evans County130210December 19, 1974, Emerg; August 19, 1986, Reg; July 22, 2010, Susp......do  Do.
Hagan, City of, Evans County130311August 7, 2009, Emerg; July 22, 2010, Reg; July 22, 2010, Susp......do  Do.
Hilltonia, Town of, Screven County130385January 30, 1990, Emerg; July 1, 1991, Reg; July 22, 2010, Susp......do  Do.
Oconee, City of, Washington County130415June 25, 1975, Emerg; June 3, 1986, Reg; July 22, 2010, Susp......do  Do.
Rocky Ford, Town of, Screven County130162July 22, 1992, Emerg; May 1, 1994, Reg; July 22, 2010, Susp......do  Do.
Sandersville, City of, Washington County130228August 14, 1975, Emerg; September 1, 1986, Reg; July 22, 2010, Susp......do  Do.
Tennille, City of, Washington County130416July 16, 1975, Emerg; July 17, 1986, Reg; July 22, 2010, Susp......do  Do.
Warren County, Unincorporated Areas135262March 27, 2006, Emerg; July 22, 2010, Reg; July 22, 2010, Susp......do  Do.
Warrenton, City of, Warren County130187June 23, 1975, Emerg; July 23, 1982, Reg; July 22, 2010, Susp......do  Do.
Wilkes County, Unincorporated Areas135263March 25, 2002, Emerg; July 22, 2010, Reg; July 22, 2010, Susp......do  Do.
Kentucky:
Guthrie, City of, Todd County210214June 26, 1975, Emerg; April 30, 1986, Reg; July 22, 2010, Susp......do  Do.
Pulaski County, Unincorporated Areas210197May 29, 1984, Emerg; July 16, 1990, Reg; July 22, 2010, Susp......do  Do.
South Carolina:
Allendale County, Unincorporated Areas450201N/A, Emerg; June 17, 1986, Reg; July 22, 2010, Susp......do  Do.
Fairfax, Town of, Allendale County450010July 19, 1995, Emerg; July 1, 2003, Reg; July 22, 2010, Susp......do  Do.
Sycamore, Town of, Allendale County450011June 27, 2000, Emerg; February 1, 2002, Reg; July 22, 2010, Susp......do  Do.
Ulmer, Town of, Allendale County450012August 19, 1976, Emerg; June 3, 1986, Reg; July 22, 2010, Susp......do  Do.
Region V
Ohio:
Darbyville, Village of, Pickaway County390712August 25, 1981, Emerg; August 16, 1988, Reg; July 22, 2010, Susp......do  Do.
Start Printed Page 38751
Dennison, Village of, Tuscarawas County390542July 11, 1975, Emerg; December 18, 1986, Reg; July 22, 2010, Susp......do  Do.
Dover, City of, Tuscarawas County390543May 27, 1975, Emerg; July 16, 1987, Reg; July 22, 2010, Susp......do  Do.
Frankfort, Village of, Ross County390484July 11, 1975, Emerg; September 24, 1984, Reg; July 22, 2010, Susp......do  Do.
New Holland, Village of, Fayette and Pickaway Counties390448July 25, 1975, Emerg; January 18, 1980, Reg; July 22, 2010, Susp......do  Do.
New Philadelphia, City of, Tuscarawas County390545July 2, 1975, Emerg; January 2, 1987, Reg; July 22, 2010, Susp......do  Do.
Newcomerstown, Village of, Tuscarawas County390544February 5, 1975, Emerg; January 2, 1987, Reg; July 22, 2010, Susp......do  Do.
Port Washington, Village of, Tuscarawas County390664June 12, 1975, Emerg; January 15, 1988, Reg; July 22, 2010, Susp......do  Do.
South Bloomfield, Village of, Pickaway County390449August 7, 1974, Emerg; June 15, 1979, Reg; July 22, 2010, Susp......do  Do.
Williamsport, Village of, Pickaway County390866April 20, 1979, Emerg; November 23, 1984, Reg; July 22, 2010, Susp......do......do
Zoar, Village of, Tuscarawas County390752April 7, 1977, Emerg; September 4, 1987, Reg; July 22, 2010, Susp......do  Do.
Wisconsin:
Appleton, City of, Calumet and Outagamie Counties555542April 23, 1971, Emerg; April 6, 1973, Reg; July 22, 2010, Susp......do  Do.
Bear Creek, Village of, Outagamie County550526August 16, 1978, Emerg; August 19, 1986, Reg; July 22, 2010, Susp......do  Do.
Birnamwood, Village of, Marathon and Shawano Counties550413May 2, 1975, Emerg; August 19, 1985, Reg; July 22, 2010, Susp......do  Do.
Black Creek, Village of, Outagamie County550584November 13, 1975, Emerg; March 2, 1981, Reg; July 22, 2010, Susp......do  Do.
Brokaw, Village of, Marathon County550247January 16, 1975, Emerg; June 1, 1988, Reg; July 22, 2010, Susp......do  Do.
Hatley, Village of, Marathon County550251June 2, 1975, Emerg; September 27, 1985, Reg; July 22, 2010, Susp......do  Do.
Hortonville, Village of, Outagamie County550529April 17, 1975, Emerg; July 2, 1981, Reg; July 22, 2010, Susp......do  Do.
Kaukauna, City of, Outagamie County550305July 22, 1975, Emerg; July 16, 1981, Reg; July 22, 2010, Susp......do  Do.
Kronenwetter, Village of, Marathon County550193N/A, Emerg; October 7, 2008, Reg; July 22, 2010, Susp......do  Do.
Marathon City, Village of, Marathon County550252June 24, 1975, Emerg; August 15, 1980, Reg; July 22, 2010, Susp......do  Do.
Marathon County, Unincorporated Areas550245April 9, 1971, Emerg; February 1, 1979, Reg; July 22, 2010, Susp......do  Do.
Mosinee, City of, Marathon County555567May 7, 1971, Emerg; December 16, 1973, Reg; July 22, 2010, Susp......do  Do.
Outagamie County, Unincorporated Areas550302January 14, 1972, Emerg; September 30, 1977, Reg; July 22, 2010, Susp......do  Do.
Rothschild, Village of, Marathon County555577April 2, 1971, Emerg; May 11, 1973, Reg; July 22, 2010, Susp......do  Do.
Schofield, City of, Marathon County555579April 16, 1971, Emerg; July 13, 1973, Reg; July 22, 2010, Susp......do  Do.
Seymour, City of, Outagamie County550534February 18, 1975, Emerg; November 9, 1979, Reg; July 22, 2010, Susp......do  Do.
Stratford, Village of, Marathon County550256March 24, 1975, Emerg; May 1, 1987, Reg; July 22, 2010, Susp......do  Do.
Wrightstown, Village of, Brown and Outagamie Counties550025September 29, 1976, Emerg; May 19, 1981, Reg; July 22, 2010, Susp......do  Do.
Region VI
Louisiana:
Elton, Town of, Jefferson Davis Parish220096May 6, 1975, Emerg; February 3, 1982, Reg; July 22, 2010, Susp......do  Do.
Independence, Town of, Tangipahoa Parish220209July 25, 1975, Emerg; July 5, 1977, Reg; July 22, 2010, Susp......do  Do.
Tangipahoa Parish, Unincorporated Areas220206April 18, 1975, Emerg; February 2, 1983, Reg; July 22, 2010, Susp......do  Do.
Tickfaw, City of, Tangipahoa Parish220214July 30, 1975, Emerg; June 28, 1977, Reg; July 22, 2010, Susp......do  Do.
Welsh, Town of, Jefferson Davis Parish220100December 5, 1974, Emerg; July 16, 1981, Reg; July 22, 2010, Susp......do  Do.
Oklahoma:
Start Printed Page 38752
Canadian, Town of, Pittsburg County400272February 25, 1977, Emerg; May 15, 1985, Reg; July 22, 2010, Susp......do  Do.
Haileyville, City of, Pittsburg County400167June 25, 1976, Emerg; August 5, 1985, Reg; July 22, 2010, Susp......do  Do.
Hartshorne, City of, Pittsburg County400387November 23, 1976, Emerg; August 5, 1985, Reg; July 22, 2010, Susp......do  Do.
Idabel, City of, McCurtain County400108August 15, 1975, Emerg; July 16, 1980, Reg; July 22, 2010, Susp......do  Do.
Krebs, City of, Pittsburg County400169May 19, 1978, Emerg; August 5, 1985, Reg; July 22, 2010, Susp......do  Do.
Pittsburg, Town of, Pittsburg County400171April 14, 1976, Emerg; October 15, 1985, Reg; July 22, 2010, Susp......do  Do.
Pittsburg County, Unincorporated Areas400494November 26, 2002, Emerg; November 1, 2007, Reg; July 22, 2010, Susp......do  Do.
Quinton, Town of, Pittsburg County400172August 11, 1975, Emerg; August 5, 1985, Reg; July 22, 2010, Susp......do  Do.
Wright City, City of, McCurtain County400109November 29, 1976, Emerg; May 17, 1989, Reg; July 22, 2010, Susp......do  Do.
Region VII
Missouri:
Hannibal, City of, Marion and Ralls Counties290223August 13, 1971, Emerg; August 1, 1978, Reg; July 22, 2010, Susp......do  Do.
Marion County, Unincorporated Areas290222June 28, 1973, Emerg; May 16, 1977, Reg; July 22, 2010, Susp  Do.  Do.
Palmyra, City of, Marion County290224N/A, Emerg; March 4, 2009, Reg; July 22, 2010, Susp......do  Do.
Region VIII
Montana:
Custer County, Unincorporated Areas300147August 7, 1979, Emerg; September 1, 1987, Reg; July 22, 2010, Susp......do  Do.
Denton, Town of, Fergus County300020February 12, 1979, Emerg; July 19, 1982, Reg; July 22, 2010, Susp......do  Do.
Fergus County, Unincorporated Areas300019April 13, 1978, Emerg; December 1, 1982, Reg; July 22, 2010, Susp......do  Do.
Lewistown, City of, Fergus County300022July 19, 1974, Emerg; July 19, 1982, Reg; July 22, 2010, Susp......do  Do.
Miles City, City of, Custer County300014May 29, 1975, Emerg; February 1, 1980, Reg; July 22, 2010, Susp......do  Do.
Moore, Town of, Fergus County300100May 11, 1977, Emerg; July 19, 1982, Reg; July 22, 2010, Susp......do  Do.
South Dakota:
Sanborn County, Unincorporated Areas460074April 21, 1975, Emerg; November 15, 1985, Reg; July 22, 2010, Susp......do  Do.
Woonsocket, City of, Sanborn County460075May 28, 1975, Emerg; November 15, 1985, Reg; July 22, 2010, Susp......do  Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: June 22, 2010.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Supplemental Information

[FR Doc. 2010-16243 Filed 7-2-10; 8:45 am]

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