2010-21594. 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 17, 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:
Barker, Village of, Niagara County	360498	April 10, 1975, Emerg; May 1, 1984, Reg; September 17, 2010, Susp	Sept. 17, 2010	Sept. 17, 2010.
Cambria, Town of, Niagara County	360499	July 7, 1975, Emerg; September 30, 1983, Reg; September 17, 2010, Susp	......do	Do.
Hartland, Town of, Niagara County	360500	May 1, 1975, Emerg; October 7, 1983, Reg; September 17, 2010, Susp	......do	Do.
Lewiston, Town of, Niagara County	360502	March 27, 1974, Emerg; June 18, 1980, Reg; September 17, 2010, Susp	......do	Do.
Lockport, City of, Niagara County	360503	December 17, 1973, Emerg; February 4, 1981, Reg; September 17, 2010, Susp	......do	Do.
Lockport, Town of, Niagara County	361013	December 17, 1973, Emerg; September 2, 1981, Reg; September 17, 2010, Susp	......do	Do.
Middleport, Village of, Niagara County	360505	April 8, 1975, Emerg; August 1, 1983, Reg; September 17, 2010, Susp	......do	Do.
North Tonawanda, City of, Niagara County	360508	May 14, 1975, Emerg; January 6, 1982, Reg; September 17, 2010, Susp	......do	Do.
Pendleton, Town of, Niagara County	360509	April 12, 1974, Emerg; January 6, 1982, Reg; September 17, 2010, Susp	......do	Do.
Porter, Town of, Niagara County	360510	July 17, 1974, Emerg; August 15, 1983, Reg; September 17, 2010, Susp	......do	Do.
Royalton, Town of, Niagara County	360511	November 29, 1974, Emerg; July 6, 1979, Reg; September 17, 2010, Susp	......do	Do.
Wheatfield, Town of, Niagara County	360513	July 5, 1973, Emerg; July 16, 1981, Reg; September 17, 2010, Susp	......do	Do.
Youngstown, Village of, Niagara County	360515	March 30, 1973, Emerg; June 4, 1980, Reg; September 17, 2010, Susp	......do	Do.
Region III
Virginia:
Clifton, Town of, Fairfax County	510186	December 5, 1973, Emerg; May 2, 1977, Reg; September 17, 2010, Susp	......do	Do.
Fairfax County, Unincorporated Areas	515525	June 19, 1970, Emerg; January 7, 1972, Reg; September 17, 2010, Susp	......do	Do.
Gloucester County, Unincorporated Areas	510071	March 25, 1974, Emerg; August 4, 1987, Reg; September 17, 2010, Susp	......do	Do.
Herndon, Town of, Fairfax County	510052	May 21, 1973, Emerg; August 1, 1979, Reg; September 17, 2010, Susp	......do	Do.
Irvington, Town of, Lancaster County	510221	August 18, 1975, Emerg; August 4, 1987, Reg; September 17, 2010, Susp	......do	Do.
Lancaster County, Unincorporated Areas	510084	November 27, 1973, Emerg; March 4, 1988, Reg; September 17, 2010, Susp	......do	Do.
Northumberland County, Unincorporated Areas	510107	October 9, 1973, Emerg; July 4, 1989, Reg; September 17, 2010, Susp	......do	Do.
Vienna, Town of, Fairfax County	510053	August 8, 1974, Emerg; February 3, 1982, Reg; September 17, 2010, Susp	......do	Do.
White Stone, Town of, Lancaster County	510235	August 18, 1975, Emerg; September 24, 1984, Reg; September 17, 2010, Susp	......do	Do.
Region IV
Alabama:
Aliceville, City of, Pickens County	010180	February 8, 1974, Emerg; July 17, 1978, Reg; September 17, 2010, Susp	......do	Do.
Ethelsville, Town of, Pickens County	010281	December 21, 1978, Emerg; March 18, 1985, Reg; September 17, 2010, Susp	......do	Do.
Gordo, Town of, Pickens County	010220	August 6, 1974, Emerg; August 15, 1978, Reg; September 17, 2010, Susp	......do	Do.
Pickens County, Unincorporated Areas	010283	May 25, 1976, Emerg; June 4, 1990, Reg; September 17, 2010, Susp	......do	Do.
Pickensville, Town of, Pickens County	010423	N/A, Emerg; June 6, 1996, Reg; September 17, 2010, Susp	......do	Do.
Reform, Town of, Pickens County	010221	July 31, 1974, Emerg; July 3, 1978, Reg; September 17, 2010, Susp	......do	Do.
Georgia:
Comer, City of, Madison County	130211	May 12, 1975, Emerg; June 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Morganton, City of, Fannin County	130449	November 17, 1976, Emerg; April 2, 1986, Reg; September 17, 2010, Susp	......do	Do.
Mountain City, Town of, Rabun County	130252	January 30, 1980, Emerg; July 9, 1982, Reg; September 17, 2010, Susp	......do	Do.
Randolph County, Unincorporated Areas	130553	May 16, 1997, Emerg; September 17, 2010, Reg; September 17, 2010, Susp	......do	Do.
Kentucky:
Hustonville, City of, Lincoln County	210144	August 26, 1975, Emerg; September 27, 1985, Reg; September 17, 2010, Susp	......do	Do.
Stanford, City of, Lincoln County	210145	February 26, 1975, Emerg; September 27, 1985, Reg; September 17, 2010, Susp	......do	Do.
Mississippi:
Alcorn County, Unincorporated Areas	280267	N/A, Emerg; February 27, 1992, Reg; September 17, 2010, Susp	......do	Do.
Coffeeville, Town of, Yalobusha County	280186	April 8, 1975, Emerg; September 4, 1986, Reg; September 17, 2010, Susp	......do	Do.
Corinth, City of, Alcorn County	280002	July 26, 1974, Emerg; March 16, 1981, Reg; September 17, 2010, Susp	......do	Do.
Duck Hill, Town of, Montgomery County	280118	June 23, 1975, Emerg; April 2, 1986, Reg; September 17, 2010, Susp	......do	Do.
Louisville, City of, Winston County	280185	February 11, 1974, Emerg; June 15, 1978, Reg; September 17, 2010, Susp	......do	Do.
Montgomery County, Unincorporated Areas	280212	April 11, 1974, Emerg; September 1, 1987, Reg; September 17, 2010, Susp	......do	Do.
Rienzi, Town of, Alcorn County	280322	October 30, 2006, Emerg; September 17, 2010, Reg; September 17, 2010, Susp	......do	Do.
Water Valley, City of, Yalobusha County	280187	December 5, 1974, Emerg; September 27, 1985, Reg; September 17, 2010, Susp	......do	Do.
Winona, City of, Montgomery County	280119	February 18, 1975, Emerg; July 2, 1987, Reg; September 17, 2010, Susp	......do	Do.
Winston County, Unincorporated Areas	280308	December 21, 1978, Emerg; August 19, 1985, Reg; September 17, 2010, Susp	......do	Do.
Tennessee:
Ashland City, Town of, Cheatham County	470027	March 10, 1975, Emerg; April 1, 1981, Reg; September 17, 2010, Susp	......do	Do.
Cheatham County, Unincorporated Areas	470026	September 27, 1974, Emerg; May 19, 1981, Reg; September 17, 2010, Susp	......do	Do.
Decatur, Town of, Meigs County	470134	March 27, 1975, Emerg; June 3, 1986, Reg; September 17, 2010, Susp	......do	Do.
Kingston Springs, Town of, Cheatham County	470289	June 11, 1984, Emerg; June 11, 1984, Reg; September 17, 2010, Susp	......do	Do.
Pegram, Town of, Cheatham County	470291	April 9, 1987, Emerg; April 9, 1987, Reg; September 17, 2010, Susp	......do	Do.
Region V
Illinois:
Bonnie, Village of, Jefferson County	170306	September 10, 1975, Emerg; August 19, 1985, Reg; September 17, 2010, Susp	......do	Do.
East Dubuque, City of, Jo Daviess County	170752	June 25, 1975, Emerg; October 18, 1983, Reg; September 17, 2010, Susp	......do	Do.
Galena, City of, Jo Daviess County	175168	August 27, 1971, Emerg; July 20, 1973, Reg; September 17, 2010, Susp	......do	Do.
Hanover, Village of, Jo Daviess County	170755	July 21, 1975, Emerg; May 4, 1989, Reg; September 17, 2010, Susp	......do	Do.
Ina, Village of, Jefferson County	170307	March 2, 1976, Emerg; May 25, 1984, Reg; September 17, 2010, Susp	......do	Do.
Jefferson County, Unincorporated Areas	170305	October 31, 2000, Emerg; September 17, 2010, Reg; September 17, 2010, Susp	......do	Do.
Jo Daviess County, Unincorporated Areas	170902	April 19, 1979, Emerg; January 18, 1984, Reg; September 17, 2010, Susp	......do	Do.
Mount Vernon, City of, Jefferson County	170308	September 30, 1974, Emerg; February 15, 1984, Reg; September 17, 2010, Susp	......do	Do.
Peoria Heights, Village of, Peoria, Tazewell, and Woodford Counties	170537	October 13, 1972, Emerg; November 1, 1979, Reg; September 17, 2010, Susp	......do	Do.
Roanoke, Village of, Woodford County	170727	June 17, 1975, Emerg; September 4, 1987, Reg; September 17, 2010, Susp	......do	Do.
Spring Bay, Village of, Woodford County	170887	August 26, 1977, Emerg; June 4, 1980, Reg; September 17, 2010, Susp	......do	Do.
Washburn, Village of, Marshall and Woodford Counties	170728	January 27, 1975, Emerg; July 2, 1987, Reg; September 17, 2010, Susp	......do	Do.
Woodford County, Unincorporated Areas	170730	September 7, 1973, Emerg; February 1, 1984, Reg; September 17, 2010, Susp	......do	Do.
Michigan:
Bangor, Township of, Bay County	260019	March 30, 1973, Emerg; July 2, 1979, Reg; September 17, 2010, Susp	......do	Do.
Bay City, City of, Bay County	260020	March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Essexville, City of, Bay County	260021	March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Fraser, Township of, Bay County	260657	November 13, 1981, Emerg; November 13, 1981, Reg; September 17, 2010, Susp	......do	Do.
Hampton, Township of, Bay County	260023	March 30, 1973, Emerg; August 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Kawkawlin, Township of, Bay County	260658	January 29, 1979, Emerg; February 1, 1979, Reg; September 17, 2010, Susp	......do	Do.
Monitor, Township of, Bay County	260358	July 21, 1982, Emerg; August 19, 1985, Reg; September 17, 2010, Susp	......do	Do.
Pinconning, City of, Bay County	260607	March 17, 1975, Emerg; August 3, 1981, Reg; September 17, 2010, Susp	......do	Do.
Pinconning, Township of, Bay County	260025	March 30, 1973, Emerg; September 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Region VII
Missouri:
Bolivar, City of, Polk County	290299	July 24, 1975, Emerg; June 15, 1988, Reg; September 17, 2010, Susp	......do	Do.
Marshfield, City of, Webster County	290685	June 13, 1975, Emerg; September 10, 1984, Reg; September 17, 2010, Susp	......do	Do.
Seymour, City of, Webster County	290933	N/A, Emerg; February 11, 2005, Reg; September 17, 2010, Susp	......do	Do.
Webster County, Unincorporated Areas	290848	N/A, Emerg; April 14, 2003, Reg; September 17, 2010, Susp	......do	Do.
Region X
Oregon:
Astoria, City of, Clatsop County	410028	October 16, 1974, Emerg; August 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Cannon Beach, City of, Clatsop County	410029	March 6, 1974, Emerg; September 1, 1978, Reg; September 17, 2010, Susp	......do	Do.
Clatsop County, Unincorporated Areas	410027	February 7, 1974, Emerg; July 3, 1978, Reg; September 17, 2010, Susp	......do	Do.
Gearhart, City of, Clatsop County	410030	April 11, 1974, Emerg; May 15, 1978, Reg; September 17, 2010, Susp	......do	Do.
Seaside, City of, Clatsop County	410032	March 25, 1974, Emerg; September 5, 1979, Reg; September 17, 2010, Susp	......do	Do.
Warrenton, City of, Clatsop County	410033	July 16, 1975, Emerg; May 15, 1978, Reg; September 17, 2010, Susp	......do	Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 19, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.