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Rule

Suspension of Community Eligibility

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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.

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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.

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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 Start Printed Page 63400stating 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.

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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:

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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.

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[Amended]
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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 III
West Virginia:
Durbin, Town of, Pocahontas County540158May 13, 1975, Emerg; August 24, 1984, Reg; November 4, 2010, SuspNov. 4, 2010Nov. 4, 2010
Pocahontas County, Unincorporated Areas540283February 12, 1976, Emerg; October 17, 1989, Reg; November 4, 2010, Susp......do  Do.
Region V
Illinois:
Marshall County, Unincorporated Areas170994June 8, 1984, Emerg; June 8, 1984, Reg; November 4, 2010, Susp......do  Do.
Toluca, City of, Marshall County170460July 31, 1975, Emerg; June 1, 1984, Reg; November 4, 2010, Susp......do  Do.
Wenona, City of, Marshall County170462August 4, 1975, Emerg; December 2, 1988, Reg; November 4, 2010, Susp......do  Do.
Ohio:
Hocking County, Unincorporated Areas390272April 18, 1977, Emerg; November 16, 1990, Reg; November 4, 2010, Susp......do  Do.
Laurelville, Village of, Hocking County390273May 14, 1975, Emerg; November 16, 1995, Reg; November 4, 2010, Susp......do  Do.
Logan, City of, Hocking County390274July 16, 1975, Emerg; January 17, 1986, Reg; November 4, 2010, Susp......do  Do.
Murray City, Village of, Hocking County.390275April 26, 1974, Emerg; November 15, 1978, Reg; November 4, 2010, Susp......do  Do.
Pike County, Unincorporated Areas390450February 18, 1976, Emerg; January 15, 1988, Reg; November 4, 2010, Susp......do  Do.
Piketon, Village of, Pike County390451June 25, 1975, Emerg; January 15, 1988, Reg; November 4, 2010, Susp......do  Do.
Waverly, City of, Pike County390452November 19, 1975, Emerg; January 15, 1988, Reg; November 4, 2010, Susp......do  Do.
Region VI
Louisiana:
Broussard, City of, St. Martin Parish220102July 3, 1975, Emerg; March 16, 1988, Reg; November 4, 2010, Susp......do  Do.
Parks, Village of, St. Martin Parish220190May 8, 1973, Emerg; July 16, 1980, Reg; November 4, 2010, Susp......do  Do.
St. John the Baptist Parish, Unincorporated Areas220164February 11, 1974, Emerg; July 16, 1980, Reg; November 4, 2010, Susp......do  Do.
St. Martin Parish, Unincorporated Areas220178April 26, 1973, Emerg; May 3, 1982, Reg; November 4, 2010, Susp......do  Do.
St. Martinville, City of, St. Martin Parish220191May 8, 1973, Emerg; December 16, 1980, Reg; November 4, 2010, Susp......do  Do.
New Mexico:
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Cimarron, Village of, Colfax County350007February 3, 1976, Emerg; July 1, 1987, Reg; November 4, 2010, Susp......do  Do.
Colfax County, Unincorporated Areas350126July 8, 1975, Emerg; September 30, 1987, Reg; November 4, 2010, Susp......do  Do.
Raton, City of, Colfax County350008December 5, 1974, Emerg; March 1, 1986, Reg; November 4, 2010, Susp......do  Do.
Springer, Town of, Colfax County350009October 15, 1974, Emerg; September 4, 1985, Reg; November 4, 2010, Susp......do  Do.
Texas:
Gray County, Unincorporated Areas481222February 5, 2001, Emerg; November 4, 2010, Reg; November 4, 2010, Susp......do  Do.
Jourdanton, City of, Atascosa County480703December 5, 1980, Emerg; July 18, 1985, Reg; November 4, 2010, Susp......do  Do.
Pampa, City of, Gray County480258April 19, 1976, Emerg; September 1, 1987, Reg; November 4, 2010, Susp......do  Do.
Pleasanton, City of, Atascosa County480015February 21, 1975, Emerg; April 1, 1981, Reg; November 4, 2010, Susp......do  Do.
Point Blank, City of, San Jacinto County481528January 13, 1995, Emerg; November 4, 2010, Reg; November 4, 2010, Susp......do  Do.
Sabinal, City of, Uvalde County481039August 14, 2002, Emerg; April 1, 2007, Reg; November 4, 2010, Susp......do  Do.
San Jacinto County, Unincorporated Areas480553March 23, 1982, Emerg; September 1, 1987, Reg; November 4, 2010, Susp......do  Do.
Shepherd, City of, San Jacinto County480554August 18, 1975, Emerg; May 18, 1982, Reg; November 4, 2010, Susp......do  Do.
Uvalde County, Unincorporated Areas480629May 16, 1980, Emerg; August 4, 1987, Reg; November 4, 2010, Susp......do  Do.
Region VII
Nebraska:
Crete, City of, Saline County310186April 17, 1974, Emerg; October 15, 1982, Reg; November 4, 2010, Susp......do  Do.
Friend, City of, Saline County310369July 8, 1975, Emerg; September 24, 1984, Reg; November 4, 2010, Susp......do  Do.
Saline County, Unincorporated Areas310472February 3, 1981, Emerg; February 4, 1988, Reg; November 4, 2010, Susp......do  Do.
Swanton, Village of, Saline County310188August 6, 1975, Emerg; August 19, 1985, Reg; November 4, 2010, Susp......do  Do.
Wilber, City of, Saline County310189May 27, 1975, Emerg; November 3, 1982, Reg; November 4, 2010, Susp......do  Do.
Region VIII
North Dakota:
Belfield, City of, Stark County380116July 1, 1975, Emerg; September 5, 1979, Reg; November 4, 2010, Susp......do  Do.
Dickinson, City of, Stark County380117March 5, 1974, Emerg; June 1, 1978, Reg; November 4, 2010, Susp......do  Do.
South Heart, City of, Stark County380647July 5, 1983, Emerg; February 19, 1986, Reg; November 4, 2010, Susp......do  Do.
Taylor, City of, Stark County380118May 16, 1978, Emerg; August 12, 1980, Reg; November 4, 2010, Susp......do  Do.
Region X
Washington:
Bainbridge Island, City of, Kitsap County530307August 14, 1975, Emerg; February 5, 1986, Reg; November 4, 2010, Susp......do  Do.
Bremerton, City of, Kitsap County530093May 27, 1975, Emerg; August 15, 1979, Reg; November 4, 2010, Susp......do  Do.
Kitsap County, Unincorporated Areas530092February 19, 1975, Emerg; May 15, 1980, Reg; November 4, 2010, Susp......do  Do.
Port Orchard, City of, Kitsap County530094June 10, 1975, Emerg; November 15, 1979, Reg; November 4, 2010, Susp......do  Do.
Poulsbo, City of, Kitsap County530241June 19, 1974, Emerg; July 2, 1979, Reg; November 4, 2010, Susp......do  Do.
* ......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
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Start Printed Page 63402

Dated: October 6, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.

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[FR Doc. 2010-26051 Filed 10-14-10; 8:45 am]

BILLING CODE 9110-12-P