2010-21597. 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 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.
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.
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.