2010-20006. 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 assis- tance no longer available in SFHAs
Region IV
Alabama:
Kinston, Town of, Coffee County	010237	October 8, 1975, Emerg; December 30, 1977, Reg; August 19, 2010, Susp.	August 19, 2010	August 19, 2010.
New Brockton, Town of, Coffee County	010238	January 12, 1976, Emerg; July 22, 1977, Reg; August 19, 2010, Susp.	......do	Do.
Georgia:
Abbeville, City of, Dodge and Wilcox Counties	130195	N/A, Emerg; May 26, 1998, Reg; August 19, 2010, Susp.	......do	Do.
Alamo, City of, Wheeler County	130507	September 22, 1994, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
Centralhatchee, Town of, Heard County	130257	October 6, 1986, Emerg; May 1, 1988, Reg; August 19, 2010, Susp.	......do	Do.
Dodge County, Unincorporated Areas	130523	N/A, Emerg; July 9, 1998, Reg; August 19, 2010, Susp.	......do	Do.
Franklin, City of, Heard County	130106	July 7, 1975, Emerg; July 17, 1986, Reg; August 19, 2010, Susp.	......do	Do.
Glenwood, City of, Wheeler County	130419	January 6, 2004, Emerg; August 1, 2004, Reg; August 19, 2010, Susp.	......do	Do.
Hazlehurst, City of, Jeff Davis County	130114	January 14, 1974, Emerg; August 1, 1979, Reg; August 19, 2010, Susp.	......do	Do.
Heard County, Unincorporated Areas	130105	April 11, 1985, Emerg; August 1, 1986, Reg; August 19, 2010, Susp.	......do	Do.
Jeff Davis County, Unincorporated Areas	130113	N/A, Emerg; February 14, 2005, Reg; August 19, 2010, Susp.	......do	Do.
Lumber City, City of, Telfair County	130167	September 5, 1975, Emerg; September 29, 1986, Reg; August 19, 2010, Susp.	......do	Do.
Lyons, City of, Toombs County	130223	June 2, 1976, Emerg; May 15, 1986, Reg; August 19, 2010, Susp.	......do	Do.
Montgomery County, Unincorporated Areas	130139	October 3, 1994, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
Mount Vernon, City of, Montgomery County	130140	July 25, 1975, Emerg; August 19, 1986, Reg; August 19, 2010, Susp.	......do	Do.
Toombs County, Unincorporated Areas	130173	N/A, Emerg; October 31, 1991, Reg; August 19, 2010, Susp.	......do	Do.
Treutlen County, Unincorporated Areas	130175	January 22, 1999, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
Uvalda, City of, Montgomery County	130361	February 28, 1980, Emerg; July 9, 1982, Reg; August 19, 2010, Susp.	......do	Do.
Wheeler County, Unincorporated Areas	130190	October 11, 1994, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
Wilcox County, Unincorporated Areas	130524	N/A, Emerg; April 16, 1998, Reg; August 19, 2010, Susp.	......do	Do.
Kentucky: Jamestown, City of, Russell County	210206	September 5, 1975, Emerg; June 25, 1976, Reg; August 19, 2010, Susp.	......do	Do.
Mississippi:
Bruce, City of Calhoun County	280026	February 5, 1975, Emerg; June 18, 1987, Reg; August 19, 2010, Susp.	......do	Do.
Calhoun City, City of, Calhoun County	280027	March 19, 1975, Emerg; June 18, 1987, Reg; August 19, 2010, Susp.	......do	Do.
Calhoun County, Unincorporated Areas	280288	March 28, 1975, Emerg; January 3, 1990, Reg; August 19, 2010, Susp.	......do	Do.
Derma, Town of, Calhoun County	280217	September 21, 1979, Emerg; September 1, 1987, Reg; August 19, 2010, Susp.	......do	Do.
Pittsboro, Town of, Calhoun County	280218	March 19, 1975, Emerg; August 5, 1985, Reg; August 19, 2010, Susp.	......do	Do.
Pontotoc, City of, Pontotoc County	280348	August 14, 2000, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
Pontotoc County, Unincorporated Areas	280234	July 22, 1977, Emerg; February 1, 1987, Reg; August 19, 2010, Susp.	......do	Do.
Sherman, Town of, Lee, Pontotoc and Union Counties	280296	December 21, 1978, Emerg; September 4, 1985, Reg; August 19, 2010, Susp.	......do	Do.
Vardaman, Town of, Calhoun County	280327	N/A, Emerg; November 11, 1994, Reg; August 19, 2010, Susp.	......do	Do.
Region V
Ohio:
Clarington, Village of, Monroe County	390405	July 7, 1975, Emerg; November 16, 1983, Reg; August 19, 2010, Susp.	......do	Do.
Monroe County, Unincorporated Areas	390404	February 11, 1977, Emerg; February 15, 1984, Reg; August 19, 2010, Susp.	......do	Do.
Wisconsin:
Durand, City of Pepin County	550320	April 13, 1973, Emerg; June 1, 1977, Reg; August 19, 2010, Susp.	......do	Do.
Pepin, Village of, Pepin County	555569	April 23, 1971, Emerg; May 26, 1977, Reg; August 19, 2010, Susp.	......do	Do.
Pepin County, Unincorporated Areas	555570	April 9, 1971, Emerg; December 16, 1972, Reg; August 19, 2010, Susp.	......do	Do.
Stockholm, Village of, Pepin County	555581	April 23, 1971, Emerg; December 8, 1972, Reg; August 19, 2010, Susp.	......do	Do.
Region VI
New Mexico:
Los Lunas, Village of, Valencia County	350144	May 1, 1979, Emerg; October 13, 1987, Reg; August 19, 2010, Susp.	......do	Do.
Valencia County, Unincorporated Areas	350086	April 13, 1979, Emerg; July 2, 1991, Reg; August 19, 2010, Susp.	......do	Do.
Oklahoma:
Davenport, Town of, Lincoln County	400365	June 30, 1976, Emerg; October 31, 1978, Reg; August 19, 2010, Susp.	......do	Do.
Hennessey, Town of, Kingfisher County	400389	N/A, Emerg; August 26, 2005, Reg; August 19, 2010, Susp.	......do	Do.
Kickapoo, Tribe of Oklahoma, Lincoln, Oklahoma and Pottawatomie Counties	400563	February 26, 2002, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
Kingfisher, City of, Kingfisher County	400082	December 23, 1971, Emerg; September 30, 1976, Reg; August 19, 2010, Susp.	......do	Do.
Kingfisher County, Unincorporated Areas	400471	January 9, 1987, Emerg; September 18, 1991, Reg; August 19, 2010, Susp.	......do	Do.
Lincoln County, Unincorporated Areas	400457	September 28, 1990, Emerg; February 3, 1993, Reg; August 19, 2010, Susp.	......do	Do.
Piedmont, City of, Canadian and Kingfisher Counties	400027	February 4, 1985, Emerg; February 4, 1985, Reg; August 19, 2010, Susp.	......do	Do.
Prague, City of, Lincoln County	400435	April 21, 1977, Emerg; September 4, 1985, Reg; August 19, 2010, Susp.	......do	Do.
Region VIII
Colorado:
Bayfield, Town of, La Plata County	080098	June 27, 1975, Emerg; September 29, 1978, Reg; August 19, 2010, Susp.	......do	Do.
Cedaredge, Town of, Delta County	080304	May 27, 1993, Emerg; May 21, 2009, Reg; August 19, 2010, Susp.	......do	Do.
Delta, City of, Delta County	080043	August 2, 1974, Emerg; June 1, 1984, Reg; August 19, 2010, Susp.	......do	Do.
Delta County, Unincorporated Areas	080041	April 9, 1979, Emerg; March 15, 1984, Reg; August 19, 2010, Susp.	......do	Do.
Durango, City of, La Plata County	080099	April 30, 1974, Emerg; January 17, 1979, Reg; August 19, 2010, Susp.	......do	Do.
La Plata County, Unincorporated Areas	080097	December 12, 1974, Emerg; December 15, 1981, Reg; August 19, 2010, Susp.	......do	Do.
Orchard City, City of, Delta County	080258	May 16, 1983, Emerg; May 16, 1983, Reg; August 19, 2010, Susp.	......do	Do.
Paonia, Town of, Delta County	080045	June 10, 1975, Emerg; March 16, 1983, Reg; August 19, 2010, Susp.	......do	Do.
North Dakota:
McLean County, Unincorporated Areas	380057	July 12, 1982, Emerg; June 4, 1987, Reg; August 19, 2010, Susp.	......do	Do.
Three Affiliated Tribes, Fort Berthold Reservation, McLean County	380721	August 23, 2000, Emerg; August 19, 2010, Reg; August 19, 2010, Susp.	......do	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 4, 2010.

Edward L. Connor,

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