2010-10667. 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 IV
Kentucky:
Fleming County, Unincorporated Areas	210335	April 10, 1991, Emerg; February 5, 1992, Reg; May 20, 2010, Susp.	May 20, 2010	May 20, 2010.
Flemingsburg, City of, Fleming County	210068	September 10, 1975, Emerg; September 18, 1985, Reg; May 20, 2010, Susp.	......do *	do.
Robertson County, Unincorporated Areas	210200	April 15, 1997, Emerg; November 1, 2008, Reg; May 20, 2010, Susp.	......do	do.
Mississippi:
Neshoba County, Unincorporated Areas	280276	April 23, 1979, Emerg; September 15, 1989, Reg; May 20, 2010, Susp.	......do	do.
Philadelphia, City of, Neshoba County	280120	November 2, 1974, Emerg; September 29, 1986, Reg; May 20, 2010, Susp.	......do	do.
Region VI
Arkansas:
Barling, City of, Sebastian County	050305	N/A, Emerg; September 20, 2007, Reg; May 20, 2010, Susp.	......do	do.
Fort Smith, City of, Sebastian County	055013	December 18, 1970, Emerg; August 27, 1971, Reg; May 20, 2010, Susp.	......do	do.
Greenwood, City of, Sebastian County	050198	October 29, 1974, Emerg; April 15, 1981, Reg; May 20, 2010, Susp.	......do	do.
Hartford, City of, Sebastian County	050200	March 12, 1975, Emerg; March 15, 1982, Reg; May 20, 2010, Susp.	......do	do.
Lavaca, City of, Sebastian County	050201	May 6, 1975, Emerg; March 15, 1982, Reg; May 20, 2010, Susp.	......do	do.
Mansfield, City of, Scott and Sebastian Counties	050202	July 29, 1975, Emerg; June 18, 1987, Reg; May 20, 2010, Susp.	......do	do.
Midland, Town of, Sebastian County	050203	January 22, 1976, Emerg; June 1, 1987, Reg; May 20, 2010, Susp.	......do	do.
Sebastian County, Unincorporated Areas	050462	January 27, 1983, Emerg; April 1, 1988, Reg; May 20, 2010, Susp.	......do	do.
Texas:
Beeville, City of, Bee County	480027	January 14, 1974, Emerg; January 20, 1982, Reg; May 20, 2010, Susp.	......do	do.
Nacogdoches, City of, Nacogdoches County	480497	January 16, 1975, Emerg; February 18, 1981, Reg; May 20, 2010, Susp.	......do	do.
Region VII
Missouri:
Crawford County, Unincorporated Areas	290795	October 23, 1984, Emerg; May 1, 1987, Reg; May 20, 2010, Susp.	......do	do.
Leasburg, Village of, Crawford County	290561	March 7, 1977, Emerg; August 24, 1984, Reg; May 20, 2010, Susp.	......do	do.
Steelville, City of, Crawford County	290114	October 15, 1971, Emerg; February 13, 1976, Reg; May 20, 2010, Susp.	......do	do.
Crane, City of, Stone County	290430	November 9, 1976, Emerg; July 16, 1980, Reg; May 20, 2010, Susp.	......do	do.
Kimberling City, City of, Stone County	290432	June 23, 1975, Emerg; April 15, 1979, Reg; May 20, 2010, Susp.	......do	do.
Reeds Spring, City of, Stone County	290433	November 17, 1975, Emerg; September 18, 1985, Reg; May 20, 2010, Susp.	......do	do.
Stone County, Unincorporated Areas	290429	January 4, 1994, Emerg; March 19, 1997, Reg; May 20, 2010, Susp.	......do	do.
* -do- = Ditto.
Code for reading third column: Emerg—Emergency; Reg—Regular; Susp—Suspension.

Dated: April 23, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.