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Start Preamble
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.
Start Further InfoFOR 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.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY 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 Start Printed Page 52866date 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.
Start List of SubjectsList of Subjects in 44 CFR Part 64
- Flood insurance
- Floodplains
Accordingly, 44 CFR part 64 is amended as follows:
End Amendment Part Start PartPART 64—[AMENDED]
End Part Start Amendment Part1. The authority citation for part 64 continues to read as follows:
End Amendment Part[Amended]2. The tables published under the authority of § 64.6 are amended as follows:
End Amendment PartStart SignatureState 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: Ansted, Town of, Fayette County 540027 June 10, 1975, Emerg; October 30, 1981, Reg; September 3, 2010, Susp Sept. 3, 2010 Sept. 3, 2010. Gauley Bridge, Town of, Fayette County 540294 September 22, 1989, Emerg; September 18, 1991, Reg; September 3, 2010, Susp ......do Do. Fayette County, Unincorporated Areas 540026 April 16, 1975, Emerg; March 4, 1988, Reg; September 3, 2010, Susp ......do Do. Meadow Bridge, Town of, Fayette County 540028 October 1, 1975, Emerg; January 2, 1991, Reg; September 3, 2010, Susp ......do Do. Montgomery, City of, Fayette and Kahawha Counties 540029 July 2, 1975, Emerg; June 1, 1982, Reg; September 3, 2010, Susp ......do Do. Mount Hope, City of, Fayette County 540280 October 30, 1974, Emerg; August 10, 1979, Reg; September 3, 2010, Susp ......do Do. Oak Hill, City of, Fayette County 540031 October 24, 1974, Emerg; January 18, 1980, Reg; September 3, 2010, Susp ......do Do. Pax, Town of, Fayette County 540032 July 8, 1975, Emerg; August 10, 1979, Reg; September 3, 2010, Susp ......do Do. Smithers, Town of, Fayette County 540033 June 12, 1975, Emerg; April 15, 1982, Reg; September 3, 2010, Susp ......do Do. Region IV Alabama: Butler, City of, Choctaw County 010033 August 7, 1975, Emerg; July 5, 1982, Reg; September 3, 2010, Susp ......do Do. Choctaw County, Unincorporated Areas 010310 September 25, 1974, Emerg; September 30, 1988, Reg; September 3, 2010, Susp ......do Do. Gilbertown, Town of, Choctaw County 010034 January 29, 1979, Emerg; July 3, 1986, Reg; September 3, 2010, Susp ......do Do. Hueytown, City of, Jefferson County 010337 April 22, 1975, Emerg; January 2, 1981, Reg; September 3, 2010, Susp ......do Do. Lipscomb, City of, Jefferson County 010126 July 25, 1975, Emerg; January 2, 1981, Reg; September 3, 2010, Susp ......do Do. Start Printed Page 52867 Pennington, Town of, Choctaw County 010035 July 16, 1979, Emerg; September 18, 1985, Reg; September 3, 2010, Susp ......do Do. Silas, Town of, Choctaw County 010036 N/A, Emerg; February 27, 2006, Reg; September 3, 2010, Susp ......do Do. Georgia: Stewart County, Unincorporated Areas 130393 September 8, 1986, Emerg; July 1, 1987, Reg; September 3, 2010, Susp ......do Do. Mississippi: New Albany, Town of, Union County 280174 March 25, 1975, Emerg; September 4, 1985, Reg; September 3, 2010, Susp ......do Do. Union County, Unincorporated Areas 280237 December 3, 2007, Emerg; September 3, 2010, Reg; September 3, 2010, Susp ......do Do. Tennessee: Byrdstown, City of, Pickett County 470147 February 12, 1976, Emerg; July 3, 1986, Reg; September 3, 2010, Susp ......do Do. Pickett County, Unincorporated Areas 470384 November 17, 1994, Emerg; February 1, 2006, Reg; September 3, 2010, Susp ......do Do. Region VI Louisiana: Basile, Town of, Evangeline Parish 220065 January 22, 1976, Emerg; January 15, 1988, Reg; September 3, 2010, Susp ......do Do. Evangeline Parish, Unincorporated Areas 220064 January 12, 1976, Emerg; August 1, 1988, Reg; September 3, 2010, Susp ......do Do. Mamou, Town of, Evangeline Parish 220067 September 13, 1974, Emerg; November 1, 1985, Reg; September 3, 2010, Susp ......do Do. Pine Prairie, Village of, Evangeline Parish 220068 July 8, 1975, Emerg; June 25, 1976, Reg; September 3, 2010, Susp ......do Do. Turkey Creek, Village of, Evangeline Parish 220069 August 11, 2008, Emerg; September 1, 2008, Reg; September 3, 2010, Susp ......do Do. Ville Platte, City of, Evangeline Parish 220070 April 13, 1976, Emerg; October 15, 1985, Reg; September 3, 2010, Susp ......do Do. Oklahoma: Bethel Acres, Town of, Pottawatomie County 400346 June 16, 1989, Emerg; December 1, 1989, Reg; September 3, 2010, Susp ......do Do. Brooksville, City of, Pottawatomie County 400469 September 19, 1979, Emerg; August 19, 1985, Reg; September 3, 2010, Susp ......do Do. Kickapoo Tribal Lands, Pottawatomie County 400563 February 26, 2002, Emerg; September 3, 2010, Reg; September 3, 2010, Susp ......do Do. McLoud, Town of, Pottawatomie County 400398 December 27, 1977, Emerg; October 16, 1987, Reg; September 3, 2010, Susp ......do Do. Pottawatomie County, Unincorporated Areas 400496 March 26, 1984, Emerg; June 1, 1988, Reg; September 3, 2010, Susp ......do Do. Shawnee, City of, Pottawatomie County 400178 April 2, 1975, Emerg; July 2, 1980, Reg; September 3, 2010, Susp ......do Do. Tecumseh, City of, Pottawatomie County 400179 February 10, 1975, Emerg; July 16, 1980, Reg; September 3, 2010, Susp ......do Do. Texas: Austin County, Unincorporated Areas 480704 November 21, 1975, Emerg; January 17, 1990, Reg; September 3, 2010, Susp ......do Do. Bellville, City of, Austin County 481095 N/A, Emerg; June 17, 1998, Reg; September 3, 2010, Susp ......do Do. Brazos Country, City of, Austin County 481693 N/A, Emerg; December 18, 2001, Reg; September 3, 2010, Susp ......do Do. Corrigan, City of, Polk County 480527 January 26, 1978, Emerg; April 20, 1982, Reg; September 3, 2010, Susp ......do Do. Goodrich, City of, Polk County 481070 November 12, 1980, Emerg; June 19, 1985, Reg; September 3, 2010, Susp ......do Do. Livingston, City of, Polk County 480528 May 21, 1975, Emerg; September 1, 1987, Reg; September 3, 2010, Susp ......do Do. Onalaska, City of, Polk County 480974 November 6, 1996, Emerg; November 1, 2007, Reg; September 3, 2010, Susp ......do Do. Polk County, Unincorporated Areas 480526 September 5, 1990, Emerg; March 1, 1991, Reg; September 3, 2010, Susp ......do Do. San Felipe, Town of, Austin County 480705 April 7, 1976, Emerg; January 3, 1986, Reg; September 3, 2010, Susp ......do Do. Wood County, Unincorporated Areas 481055 February 21, 2001, Emerg; August 1, 2008, Reg; September 3, 2010, Susp ......do Do. Yantis, City of, Wood County 481167 December 29, 1980, Emerg; October 26, 1982, Reg; September 3, 2010, Susp ......do Do. Start Printed Page 52868 Region IX Arizona: Yavapai County, Unincorporated Areas 040093 January 31, 1975, Emerg; September 18, 1985, Reg; September 3, 2010, Susp ......do Do. Region X Oregon: Adams, City of, Umatilla County 410205 February 12, 1976, Emerg; May 15, 1984, Reg; September 3, 2010, Susp ......do Do. Athena, City of, Umatilla County 410206 June 4, 1975, Emerg; July 16, 1984, Reg; September 3, 2010, Susp ......do Do. Echo, City of, Umatilla County 410207 April 15, 1975, Emerg; May 15, 1984, Reg; September 3, 2010, Susp ......do Do. Helix, City of, Umatilla County 410208 January 13, 1976, Emerg; June 1, 1984, Reg; September 3, 2010, Susp ......do Do. Hermiston, City of, Umatilla County 410209 November 7, 1974, Emerg; October 28, 1977, Reg; September 3, 2010, Susp ......do Do. Milton-Freewater, City of, Umatilla County 410210 April 16, 1975, Emerg; September 12, 1978, Reg; September 3, 2010, Susp ......do Do. Pendleton, City of, Umatilla County 410211 March 3, 1972, Emerg; July 13, 1976, Reg; September 3, 2010, Susp ......do Do. Pilot Rock, City of, Umatilla County 410212 July 5, 1974, Emerg; August 4, 1988, Reg; September 3, 2010, Susp ......do Do. Stanfield, City of, Umatilla County 410213 October 2, 1974, Emerg; August 15, 1984, Reg; September 3, 2010, Susp ......do Do. Ukiah, City of, Umatilla County 410279 August 25, 1975, Emerg; September 24, 1984, Reg; September 3, 2010, Susp ......do Do. Umatilla, City of, Umatilla County 410214 February 6, 1975, Emerg; September 24, 1984, Reg; September 3, 2010, Susp ......do Do. Umatilla County, Unincorporated Areas 410204 February 4, 1972, Emerg; June 15, 1978, Reg; September 3, 2010, Susp ......do Do. Weston, City of, Umatilla County 410215 August 8, 1975, Emerg; September 18, 1987, Reg; September 3, 2010, Susp ......do Do. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: August 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-21597 Filed 8-27-10; 8:45 am]
BILLING CODE 9110-12-P
Document Information
- Comments Received:
- 0 Comments
- Published:
- 08/30/2010
- Department:
- Federal Emergency Management Agency
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2010-21597
- Pages:
- 52865-52868 (4 pages)
- Docket Numbers:
- Docket ID FEMA-2010-0003, Internal Agency Docket No. FEMA-8143
- Topics:
- Flood insurance, Flood plains
- PDF File:
- 2010-21597.pdf
- CFR: (1)
- 44 CFR 64.6