2010-22796. 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 V
Wisconsin:
Gillett, City of, Oconto County	550295	September 30, 1975, Emerg; February 1, 1984, Reg; October 6, 2010, Susp	October 6, 2010	October 6, 2010
Lena, Village of, Oconto County	550296	July 7, 1975, Emerg; September 18, 1985, Reg; October 6, 2010, Susp	......do	Do.
Oconto, City of, Oconto County	550297	September 17, 1973, Emerg; August 3, 1981, Reg; October 6, 2010, Susp	......do	Do.
Oconto County, Unincorporated Areas	550294	May 21, 1973, Emerg; January 6, 1983, Reg; October 6, 2010, Susp	......do	Do.
Oconto Falls, City of, Oconto County	550298	June 23, 1975, Emerg; July 16, 1981, Reg; October 6, 2010, Susp	......do	Do.
Pulaski, Village of, Brown, Oconto, and Shawano Counties	550024	February 27, 1976, Emerg; August 3, 1981, Reg; October 6, 2010, Susp	......do	Do.
Suring, Village of, Oconto County	550300	January 30, 1975, Emerg; December 1, 1983, Reg; October 6, 2010, Susp	......do	Do.
Region VI
Arkansas:
Elaine, City of, Phillips County	050167	March 29, 1974, Emerg; September 4, 1985, Reg; October 6, 2010, Susp	......do	Do.
Helena-West Helena, City of, Phillips County	050168	February 15, 1974, Emerg; July 16, 1979, Reg; October 6, 2010, Susp	......do	Do.
Lake View, City of, Phillips County	050169	July 23, 1976, Emerg; February 1, 1987, Reg; October 6, 2010, Susp	......do	Do.
Marvell, City of, Phillips County	050170	July 28, 1993, Emerg; August 1, 2008, Reg; October 6, 2010, Susp	......do	Do.
Phillips County, Unincorporated Areas.	050166	April 28, 1981, Emerg; April 1, 1988, Reg; October 6, 2010, Susp	......do	Do.
New Mexico:
Portales, City of, Roosevelt County	350054	October 29, 1974, Emerg; January 20, 1982, Reg; October 6, 2010, Susp	......do	Do.
Red River, Town of, Taos County	350079	April 18, 1975, Emerg; July 1, 1987, Reg; October 6, 2010, Susp	......do	Do.
Taos, Town of, Taos County.	350080	August 25, 1975, Emerg; August 4, 1987, Reg; October 6, 2010, Susp	......do	Do.
Taos County, Unincorporated Areas	350078	September 25, 1975, Emerg; January 5, 1989, Reg; October 6, 2010, Susp	......do	Do.
Texas:
Big Spring, City of, Howard County	480360	February 7, 1975, Emerg; September 30, 1981, Reg; October 6, 2010, Susp	......do	Do.
Brooks County, Unincorporated Areas	481196	July 21, 1975, Emerg; July 1, 1987, Reg; October 6, 2010, Susp	......do	Do.
Coahoma, City of, Howard County	481099	September 13, 2007, Emerg; October 6, 2010, Reg; October 6, 2010, Susp	......do	Do.
Falfurrias, City of, Brooks County	480086	March 21, 1975, Emerg; August 17, 1981, Reg; October 6, 2010, Susp	......do	Do.
Howard County, Unincorporated Areas	481227	June 3, 1982, Emerg; February 1, 1988, Reg; October 6, 2010, Susp	......do	Do.
Kountze, City of, Hardin County	480845	February 27, 1987, Emerg; November 1, 1989, Reg; October 6, 2010, Susp	......do	Do.
Lumberton, City of, Hardin County	481111	May 8, 1979, Emerg; May 8, 1979, Reg; October 6, 2010, Susp	......do	Do.
Rose Hill Acres, City of, Hardin County	480846	March 8, 1974, Emerg; April 15, 1977, Reg; October 6, 2010, Susp	......do	Do.
Silsbee, City of, Hardin County	480285	June 7, 1974, Emerg; May 1, 1978, Reg; October 6, 2010, Susp	......do	Do.
Sour Lake, City of, Hardin County	480286	June 3, 1974, Emerg; October 28, 1977, Reg; October 6, 2010, Susp	......do	Do.
Region VII
Iowa:
Earlham, City of, Madison County	190570	September 6, 1977, Emerg; September 30, 1988, Reg; October 6, 2010, Susp	......do	Do.
East Peru, City of, Madison County	190450	April 25, 1977, Emerg; February 1, 1987, Reg; October 6, 2010, Susp	......do	Do.
Madison County, Unincorporated Areas	190887	September 10, 1993, Emerg; September 1, 1996, Reg; October 6, 2010, Susp	......do	Do.
Patterson, City of, Madison County	190451	March 27, 1979, Emerg; January 1, 1987, Reg; October 6, 2010, Susp	......do	Do.
Winterset, City of, Madison County	190944	April 24, 1992, Emerg; May 3, 1993, Reg; October 6, 2010, Susp	......do	Do.
Kansas: Harvey County, Unincorporated Areas	200585	October 19, 1978, Emerg; August 15, 1983, Reg; October 6, 2010, Susp	......do	Do.
Newton, City of, Harvey County	200133	September 13, 1974, Emerg; October 2, 1979, Reg; October 6, 2010, Susp	......do	Do.
North Newton, City of, Harvey County	200542	June 28, 1979, Emerg; June 28, 1979, Reg; October 6, 2010, Susp	......do	Do.
Region VIII
Utah:
Uintah County, Unincorporated Areas	490147	November 30, 1977, Emerg; February 1, 1986, Reg; October 6, 2010, Susp	......do	Do.
Vernal, City of, Uintah County	490149	April 16, 1975, Emerg; March 18, 1986, Reg; October 6, 2010, Susp	......do	Do.
*-do- =Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.

Dated: September 3, 2010.

Edward L. Connor,

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