2010-26051. Suspension of Community Eligibility

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.

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, [phone].

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

Accordingly, 44 CFR part 64 is amended as follows:

PART 64—[AMENDED]

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.

§ 64.6

[Amended]

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

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region III
West Virginia:
Durbin, Town of, Pocahontas County	540158	May 13, 1975, Emerg; August 24, 1984, Reg; November 4, 2010, Susp	Nov. 4, 2010	Nov. 4, 2010
Pocahontas County, Unincorporated Areas	540283	February 12, 1976, Emerg; October 17, 1989, Reg; November 4, 2010, Susp	......do	Do.
Region V
Illinois:
Marshall County, Unincorporated Areas	170994	June 8, 1984, Emerg; June 8, 1984, Reg; November 4, 2010, Susp	......do	Do.
Toluca, City of, Marshall County	170460	July 31, 1975, Emerg; June 1, 1984, Reg; November 4, 2010, Susp	......do	Do.
Wenona, City of, Marshall County	170462	August 4, 1975, Emerg; December 2, 1988, Reg; November 4, 2010, Susp	......do	Do.
Ohio:
Hocking County, Unincorporated Areas	390272	April 18, 1977, Emerg; November 16, 1990, Reg; November 4, 2010, Susp	......do	Do.
Laurelville, Village of, Hocking County	390273	May 14, 1975, Emerg; November 16, 1995, Reg; November 4, 2010, Susp	......do	Do.
Logan, City of, Hocking County	390274	July 16, 1975, Emerg; January 17, 1986, Reg; November 4, 2010, Susp	......do	Do.
Murray City, Village of, Hocking County.	390275	April 26, 1974, Emerg; November 15, 1978, Reg; November 4, 2010, Susp	......do	Do.
Pike County, Unincorporated Areas	390450	February 18, 1976, Emerg; January 15, 1988, Reg; November 4, 2010, Susp	......do	Do.
Piketon, Village of, Pike County	390451	June 25, 1975, Emerg; January 15, 1988, Reg; November 4, 2010, Susp	......do	Do.
Waverly, City of, Pike County	390452	November 19, 1975, Emerg; January 15, 1988, Reg; November 4, 2010, Susp	......do	Do.
Region VI
Louisiana:
Broussard, City of, St. Martin Parish	220102	July 3, 1975, Emerg; March 16, 1988, Reg; November 4, 2010, Susp	......do	Do.
Parks, Village of, St. Martin Parish	220190	May 8, 1973, Emerg; July 16, 1980, Reg; November 4, 2010, Susp	......do	Do.
St. John the Baptist Parish, Unincorporated Areas	220164	February 11, 1974, Emerg; July 16, 1980, Reg; November 4, 2010, Susp	......do	Do.
St. Martin Parish, Unincorporated Areas	220178	April 26, 1973, Emerg; May 3, 1982, Reg; November 4, 2010, Susp	......do	Do.
St. Martinville, City of, St. Martin Parish	220191	May 8, 1973, Emerg; December 16, 1980, Reg; November 4, 2010, Susp	......do	Do.
New Mexico:
Cimarron, Village of, Colfax County	350007	February 3, 1976, Emerg; July 1, 1987, Reg; November 4, 2010, Susp	......do	Do.
Colfax County, Unincorporated Areas	350126	July 8, 1975, Emerg; September 30, 1987, Reg; November 4, 2010, Susp	......do	Do.
Raton, City of, Colfax County	350008	December 5, 1974, Emerg; March 1, 1986, Reg; November 4, 2010, Susp	......do	Do.
Springer, Town of, Colfax County	350009	October 15, 1974, Emerg; September 4, 1985, Reg; November 4, 2010, Susp	......do	Do.
Texas:
Gray County, Unincorporated Areas	481222	February 5, 2001, Emerg; November 4, 2010, Reg; November 4, 2010, Susp	......do	Do.
Jourdanton, City of, Atascosa County	480703	December 5, 1980, Emerg; July 18, 1985, Reg; November 4, 2010, Susp	......do	Do.
Pampa, City of, Gray County	480258	April 19, 1976, Emerg; September 1, 1987, Reg; November 4, 2010, Susp	......do	Do.
Pleasanton, City of, Atascosa County	480015	February 21, 1975, Emerg; April 1, 1981, Reg; November 4, 2010, Susp	......do	Do.
Point Blank, City of, San Jacinto County	481528	January 13, 1995, Emerg; November 4, 2010, Reg; November 4, 2010, Susp	......do	Do.
Sabinal, City of, Uvalde County	481039	August 14, 2002, Emerg; April 1, 2007, Reg; November 4, 2010, Susp	......do	Do.
San Jacinto County, Unincorporated Areas	480553	March 23, 1982, Emerg; September 1, 1987, Reg; November 4, 2010, Susp	......do	Do.
Shepherd, City of, San Jacinto County	480554	August 18, 1975, Emerg; May 18, 1982, Reg; November 4, 2010, Susp	......do	Do.
Uvalde County, Unincorporated Areas	480629	May 16, 1980, Emerg; August 4, 1987, Reg; November 4, 2010, Susp	......do	Do.
Region VII
Nebraska:
Crete, City of, Saline County	310186	April 17, 1974, Emerg; October 15, 1982, Reg; November 4, 2010, Susp	......do	Do.
Friend, City of, Saline County	310369	July 8, 1975, Emerg; September 24, 1984, Reg; November 4, 2010, Susp	......do	Do.
Saline County, Unincorporated Areas	310472	February 3, 1981, Emerg; February 4, 1988, Reg; November 4, 2010, Susp	......do	Do.
Swanton, Village of, Saline County	310188	August 6, 1975, Emerg; August 19, 1985, Reg; November 4, 2010, Susp	......do	Do.
Wilber, City of, Saline County	310189	May 27, 1975, Emerg; November 3, 1982, Reg; November 4, 2010, Susp	......do	Do.
Region VIII
North Dakota:
Belfield, City of, Stark County	380116	July 1, 1975, Emerg; September 5, 1979, Reg; November 4, 2010, Susp	......do	Do.
Dickinson, City of, Stark County	380117	March 5, 1974, Emerg; June 1, 1978, Reg; November 4, 2010, Susp	......do	Do.
South Heart, City of, Stark County	380647	July 5, 1983, Emerg; February 19, 1986, Reg; November 4, 2010, Susp	......do	Do.
Taylor, City of, Stark County	380118	May 16, 1978, Emerg; August 12, 1980, Reg; November 4, 2010, Susp	......do	Do.
Region X
Washington:
Bainbridge Island, City of, Kitsap County	530307	August 14, 1975, Emerg; February 5, 1986, Reg; November 4, 2010, Susp	......do	Do.
Bremerton, City of, Kitsap County	530093	May 27, 1975, Emerg; August 15, 1979, Reg; November 4, 2010, Susp	......do	Do.
Kitsap County, Unincorporated Areas	530092	February 19, 1975, Emerg; May 15, 1980, Reg; November 4, 2010, Susp	......do	Do.
Port Orchard, City of, Kitsap County	530094	June 10, 1975, Emerg; November 15, 1979, Reg; November 4, 2010, Susp	......do	Do.
Poulsbo, City of, Kitsap County	530241	June 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.

Dated: October 6, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.