2010-2615. 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 II
New York:
Cincinnatus, Town of, Cortland County	360177	July 7, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	March 2, 2010	March 2, 2010
Cortland, City of, Cortland County	360178	February 3, 1975, Emerg; August 15, 1983, Reg; March 2, 2010, Susp.	......do*	Do.
Cortlandville, Town of, Cortland County	360179	June 24, 1975, Emerg; August 15, 1983, Reg; March 2, 2010, Susp.	......do*	Do.
Cuyler, Town of, Cortland County	361386	June 6, 1977, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Freetown, Town of, Cortland County	361325	June 19, 2007, Emerg; N/A, Reg; March 2, 2010, Susp.	......do*	Do.
Harford, Town of, Cortland County	360180	June 26, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Homer, Town of, Cortland County	360181	January 15, 1975, Emerg; August 15, 1983, Reg; March 2, 2010, Susp.	......do*	Do.
Homer, Village of, Cortland County	360182	October 10, 1974, Emerg; August 15, 1983, Reg; March 2, 2010, Susp.	......do*	Do.
Lapeer, Town of, Cortland County	361326	November 4, 1976, Emerg; July 20, 1984, Reg; March 2, 2010, Susp.	......do*	Do.
Marathon, Village of, Cortland County	360183	November 21, 1974, Emerg; October 15, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
McGraw, Village of, Cortland County	360184	March 12, 1975, Emerg; December 1, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Preble, Town of, Cortland County	360185	June 19, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Scott, Town of, Cortland County	361328	December 17, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Solon, Town of, Cortland County	361329	February 2, 1976, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Taylor, Town of, Cortland County	361330	May 19, 1977, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Truxton, Town of, Cortland County	360186	September 12, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Virgil, Town of, Cortland County	360187	March 31, 1975, Emerg; May 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Willet, Town of, Cortland County	361331	January 21, 1977, Emerg; July 20, 1984, Reg; March 2, 2010, Susp.	......do*	Do.
Region II
West Virginia: Franklin, Town of, Pendleton County	540154	July 2, 1975, Emerg; September 1, 1987, Reg; March 2, 2010, Susp.	......do*	Do.
Region IV
Mississippi:
Forrest County, Unincorporated Areas	280052	March 6, 1975, Emerg; April 2, 1990, Reg; March 2, 2010, Susp.	......do*	Do.
Hattiesburg, City of, Forrest and Lamar Counties	280053	April 3, 1970, Emerg; April 3, 1970, Reg; March 2, 2010, Susp.	......do*	Do.
Lamar County, Unincorporated Areas	280304	April 16, 1979, Emerg; April 2, 1990, Reg; March 2, 2010, Susp.	......do*	Do.
Lumberton, City of, Lamar and Pearl River Counties	280337	N/A, Emerg; February 26, 2009, Reg; March 2, 2010, Susp.	......do*	Do.
Petal, City of, Forrest County	280260	September 27, 1974, Emerg; April 15, 1980, Reg; March 2, 2010, Susp.	......do*	Do.
Purvis, Town of, Lamar County	280318	May 14, 1980, Emerg; March 1, 1987, Reg; March 2, 2010, Susp.	......do*	Do.
Sumrall, Town of, Lamar County	280326	April 22, 1983, Emerg; August 19, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Tennessee: Fentress County, Unincorporated Areas	470343	November 30, 2006, Emerg; April 1, 2007, Reg; March 2, 2010, Susp.	......do*	Do.
Region V
Ohio:
Camden, Village of, Preble County	390461	June 28, 1984, Emerg; June 28, 1984, Reg; March 2, 2010, Susp.	......do*	Do.
Coshocton, City of, Coshocton County	390089	July 24, 1975, Emerg; December 18, 1986, Reg; March 2, 2010, Susp.	......do*	Do.
Coshocton County, Unincorporated Areas	390765	February 28, 1977, Emerg; February 4, 1987, Reg; March 2, 2010, Susp.	......do*	Do.
Eaton, City of, Preble County	390462	February 14, 1975, Emerg; April 15, 1981, Reg; March 2, 2010, Susp.	......do*	Do.
New Paris, Village of, Preble County	390463	March 3, 1975, Emerg; April 15, 1981, Reg; March 2, 2010, Susp.	......do*	Do.
Preble County, Unincorporated Areas	390460	February 12, 1982, Emerg; February 12, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Warsaw, Village of, Coshocton County	390733	August 26, 1977, Emerg; September 1, 1987, Reg; March 2, 2010, Susp.	......do*	Do.
West Alexandria, Village of, Preble County	390905	N/A, Emerg; May 21, 2001, Reg; March 2, 2010, Susp.	......do*	Do.
West Lafayette, Village of, Coshocton County	390814	August 26, 1977, Emerg; March 22, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Wisconsin:
Bloomer, City of, Chippewa County	550042	March 20, 1975, Emerg; August 19, 1991, Reg; March 2, 2010, Susp.	......do*	Do.
Cadott, Village of, Chippewa County	550043	January 23, 1975, Emerg; March 5, 1996, Reg; March 2, 2010, Susp.	......do*	Do.
Chippewa County, Unincorporated Areas	555549	March 26, 1971, Emerg; June 22, 1973, Reg; March 2, 2010, Susp.	......do*	Do.
Chippewa Falls, City of, Chippewa County	550044	April 16, 1971, Emerg; September 1, 1977, Reg; March 2, 2010, Susp.	......do*	Do.
Cornell, City of, Chippewa County	550045	September 25, 1974, Emerg; September 28, 1990, Reg; March 2, 2010, Susp.	......do*	Do.
Eau Claire, City of, Chippewa and Eau Claire Counties	550128	March 19, 1971, Emerg; June 1, 1977, Reg; March 2, 2010, Susp.	......do*	Do.
Stanley, City of, Chippewa and Clark Counties	550047	April 1, 1975, Emerg; September 18, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Region VI
Arkansas:
Atkins, City of, Pope County	050304	August 7, 1975, Emerg; July 6, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Dover, City of, Pope County	050321	May 24, 1976, Emerg; March 15, 1983, Reg; March 2, 2010, Susp.	......do*	Do.
London, Town of, Pope County	050340	September 17, 1975, Emerg; July 13, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Pope County, Unincorporated Areas	050458	April 8, 2005, Emerg; July 1, 2009, Reg; March 2, 2010, Susp.	......do*	Do.
Pottsville, Town of, Pope County	050277	August 26, 1976, Emerg; April 15, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Russellville, City of, Pope County	050178	July 17, 1970, Emerg; July 18, 1970, Reg; March 2, 2010, Susp.	......do*	Do.
Louisiana:
Cotton Valley, Town of, Webster Parish	220322	December 21, 1978, Emerg; October 15, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Cullen, Town of, Webster Parish	220235	April 30, 1975, Emerg; February 12, 1979, Reg; March 2, 2010, Susp.	......do*	Do.
Doyline, Village of, Webster Parish	220236	July 21, 1978, Emerg; September 18, 1979, Reg; March 2, 2010, Susp.	......do*	Do.
Minden, City of, Webster Parish	220237	December 17, 1974, Emerg; July 18, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Sibley, Village of, Webster Parish	220258	May 16, 1980, Emerg; July 18, 1985, Reg; March 2, 2010, Susp.	......do*	Do.
Springhill, City of, Webster Parish	220238	March 12, 1975, Emerg; June 15, 1981, Reg; March 2, 2010, Susp.	......do*	Do.
Region X
Oregon:
Amity, City of, Yamhill County	410250	May 20, 1975, Emerg; December 1, 1981, Reg; March 2, 2010, Susp.	......do*	Do.
Carlton, City of, Yamhill County	410251	May 6, 1975, Emerg; June 30, 1976, Reg; March 2, 2010, Susp.	......do*	Do.
Dayton, City of, Yamhill County	410252	June 4, 1975, Emerg; June 1, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Dundee, City of, Yamhill County	410253	April 23, 1975, Emerg; March 1, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Lafayette, City of, Yamhill County	410254	May 20, 1975, Emerg; June 15, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
McMinnville, City of, Yamhill County	410255	July 22, 1975, Emerg; December 1, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Newberg, City of, Yamhill County	410256	August 5, 1974, Emerg; March 1, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Sheridan, City of, Yamhill County	410257	January 21, 1975, Emerg; August 1, 1980, Reg; March 2, 2010, Susp.	......do*	Do.
Willamina, City of, Yamhill County	410258	January 21, 1975, Emerg; March 15, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Yamhill, City of, Yamhill County	410259	June 30, 1975, Emerg; March 1, 1982, Reg; March 2, 2010, Susp.	......do*	Do.
Yamhill County, Unincorporated Areas	410249	May 28, 1974, Emerg; September 30, 1983, Reg; March 2, 2010, Susp.	......do*	Do.
* do=Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: February 2, 2010.

Sandra K. Knight,

Deputy Assistant Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.