Federal Register: December 22, 2010 (Volume 75, Number 245)
DOCID: fr22de10-16 FR Doc 2010-32106
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
CFR Citation: 44 CFR Part 64
Docket ID: [Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8161]
NOTICE: RULES
DOCID: fr22de10-16
DOCUMENT ACTION: Final rule.
SUBJECT CATEGORY:
Suspension of Community Eligibility
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.
DOCUMENT 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.
SUMMARY:
Suspension of Community Eligibility
SUPPLEMENTAL 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 floodprone 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 6month, 90day, and 30day 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.
Sec. 64.6 [Amended]
2. The tables published under the authority of Sec. 64.6 are amended as follows:
[[Page 80352]]
Effective date
authorization/
Community cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community Region IV
Kentucky:
Bourbon County, 210271 July 31, 1975, Jan. 6, 2011.......... Jan. 6, 2011.
Unincorporated Areas. Emerg; July 16, 1981, Reg;
January 6, 2011, Susp.
Cynthiana, City of, 210107 February 26, ......do.............. Do.
Harrison County. 1975, Emerg;
October 15, 1981, Reg;
January 6, 2011, Susp.
Harrison County, 210329 May 31, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; May 31, 1985, Reg;
January 6, 2011, Susp.
Millersburg, City of, 210014 October 27, 1977, ......do.............. Do. Bourbon County. Emerg; September 27, 1985, Reg; January 6, 2011, Susp.
Paris, City of, Bourbon 210015 July 23, 1974, ......do.............. Do.
County. Emerg; June 15, 1981, Reg;
January 6, 2011, Susp.
South Carolina:
Campobello, Town of, 450216 July 7, 1975, ......do.............. Do. Spartanburg County. Emerg; November 24, 1978, Reg; January 6, 2011, Susp.
Duncan, Town of, 450177 April 29, 1975, ......do.............. Do.
Spartanburg County. Emerg; May 27, 1977, Reg;
January 6, 2011, Susp.
Inman, City of, Spartanburg 450217 May 14, 1976, ......do.............. Do. County. Emerg; November 24, 1978, Reg; January 6, 2011, Susp.
Landrum, Town of, 450215 November 24, ......do.............. Do. Spartanburg County. 1975, Emerg; July 16, 1981, Reg; January 6, 2011, Susp.
Lyman, Town of Spartanburg 450219 May 15, 1975, ......do.............. Do.
County. Emerg; May 27, 1977, Reg;
January 6, 2011, Susp.
Pacolet, Town of, 450180 October 3, 1975, ......do.............. Do. Spartanburg County. Emerg; November 24, 1978, Reg; January 6, 2011, Susp.
Spartanburg, City of, 450181 January 14, 1974, ......do.............. Do.
Spartanburg County. Emerg; June 1, 1978, Reg;
January 6, 2011, Susp.
Spartanburg County, 450176 March 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 1, 1984, Reg;
January 6, 2011, Susp.
Woodruff, City of, 450214 December 12, ......do.............. Do.
Spartanburg County. 1975, Emerg;
November 24, 1978, Reg;
January 6, 2011, Susp.
Region V
Indiana:
Indian Village, Town of, 180225 June 11, 1981, ......do.............. Do.
St. Joseph County. Emerg; June 11, 1981, Reg;
January 6, 2011, Susp.
Mishawaka, City of, St. 180227 February 24, ......do.............. Do. Joseph County. 1975, Emerg; August 17, 1981, Reg; January 6, 2011, Susp.
North Liberty, Town of, St. 180228 February 24, ......do.............. Do. Joseph County. 1975, Emerg; August 19, 1985, Reg; January 6, 2011, Susp.
Osceola, Town of, St. 180229 N/A, Emerg; ......do.............. Do.
Joseph County. December 14, 1992, Reg;
January 6, 2011, Susp.
Roseland, Town of, St. 185179 May 5, 1972, ......do.............. Do.
Joseph County. Emerg; May 4, 1973, Reg;
January 6, 2011, Susp.
South Bend, City of, St. 180231 August 16, 1974, ......do.............. Do. Joseph County. Emerg; February 1, 1978, Reg; January 6, 2011, Susp.
St. Joseph County, 180224 October 22, 1971, ......do.............. Do. Unincorporated Areas. Emerg; August 15, 1978, Reg; January 6, 2011, Susp.
Walkerton, Town of, St. 180232 July 15, 1975, ......do.............. Do.
Joseph County. Emerg; April 15, 1981, Reg;
January 6, 2011, Susp.
Ohio:
Belle Valley, Village of, 390429 September 22, ......do.............. Do.
Noble County. 1975, Emerg;
November 2, 1990, Reg;
January 6, 2011, Susp.
Caldwell, Village of, Noble 390430 August 1, 1975, ......do.............. Do. County. Emerg; September 4, 1987, Reg; January 6, 2011, Susp.
Dexter City, Village of, 390431 August 19, 1975, ......do.............. Do. Noble County. Emerg; August 19, 1987, Reg; January 6, 2011, Susp.
Noble County, 390428 May 19, 1976, ......do.............. Do. Unincorporated Areas. Emerg; January 1, 1988, Reg; January 6, 2011, Susp.
Sarahsville, Village of, 390706 February 9, 2006, ......do.............. Do
Noble County. Emerg; January
6, 2011, Reg;
January 6, 2011, Susp.
Region VI
Arkansas:
Drew County, Unincorporated 050430 October 14, 1998, ......Do.............. Do.
Areas. Emerg; July 1, 2009, Reg;
January 6, 2011, Susp.
Monticello, City of, Drew 050074 April 3, 1975, ......do.............. Do.
County. Emerg; April 1, 1982, Reg;
January 6, 2011, Susp.
Tillar, City of, Desha and 050075 April 3, 1975, ......do.............. Do. Drew Counties. Emerg; February 1, 1988, Reg; January 6, 2011, Susp.
Wilmar, City of, Drew 050076 July 17, 1975, ......do.............. Do. County. Emerg; October 12, 1982, Reg; January 6, 2011, Susp.
[[Page 80353]]
Winchester, City of, Drew 050077 April 15, 2004, ......do.............. Do.
County. Emerg; August 1, 2009, Reg;
January 6, 2011, Susp.
New Mexico:
Bayard, City of, Grant 350019 October 28, 1975, ......do.............. Do.
County. Emerg; July 1, 1988, Reg;
January 6, 2011, Susp.
Grant County, 350121 July 2, 1991, ......do.............. Do.
Unincorporated Areas. Emerg; April 1, 1992, Reg;
January 6, 2011, Susp.
Santa Clara, Village of, 350020 June 5, 1975, ......do.............. Do.
Grant County. Emerg; July 1, 1987, Reg;
January 6, 2011, Susp.
Silver City, Town of, Grant 350022 July 22, 1975, ......do.............. Do.
County. Emerg; May 17, 1988, Reg;
January 6, 2011, Susp.
Oklahoma:
Beggs, City of, Okmulgee 400345 October 8, 1976, ......do.............. Do. County. Emerg; September 19, 1978, Reg; January 6, 2011, Susp.
Butler, Town of, Custer 400266 February 15, ......do.............. Do. County. 1983, Emerg; May 15, 1985, Reg; January 6, 2011, Susp.
Clinton, City of, Custer 400054 November 25, ......do.............. Do. and Washita Counties. 1974, Emerg; July 2, 1980, Reg; January 6, 2011, Susp.
Custer County, 400486 July 20, 1994, ......do.............. Do. Unincorporated Areas. Emerg; N/A, Reg; January 6, 2011, Susp.
Dewar, Town of, Okmulgee 400143 November 21, ......do.............. Do. County. 1975, Emerg; June 5, 1985, Reg; January 6, 2011, Susp.
Henryetta, City of, 400144 August 19, 1975, ......do.............. Do.
Okmulgee County. Emerg; March 4, 1980, Reg;
January 6, 2011, Susp.
Hoffman, Town of, Okmulgee 400285 September 30, ......do.............. Do. County. 1976, Emerg; August 5, 1985, Reg; January 6, 2011, Susp.
Morris, City of, Okmulgee 400407 February 24, ......do.............. Do. County. 1977, Emerg; June 29, 1982, Reg; January 6, 2011, Susp.
Okmulgee, City of, Okmulgee 400145 April 29, 1975, ......do.............. Do. County. Emerg; February 4, 1981, Reg; January 6, 2011, Susp.
Okmulgee County, 400492 April 1, 1985, ......do.............. Do. Unincorporated Areas. Emerg; September 27, 1991, Reg; January 6, 2011, Susp.
Weatherford, City of, 400056 February 7, 1975, ......do.............. Do. Custer County. Emerg; December 18, 1979, Reg; January 6, 2011, Susp.
Texas:
Alto, Town of, Cherokee 480740 January 24, 1977, ......do.............. Do. County. Emerg; August 19, 1985, Reg; January 6, 2011, Susp.
Bosque County, 480051 May 4, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; August 1, 1987, Reg;
January 6, 2011, Susp.
Burleson County, 481169 July 6, 1987, ......do.............. Do. Unincorporated Areas. Emerg; January 18, 1989, Reg; January 6, 2011, Susp.
Caldwell, City of, Burleson 480089 March 31, 1975, ......do.............. Do. County. Emerg; September 30, 1988, Reg; January 6, 2011, Susp.
Cherokee County, 480739 June 16, 1989, ......do.............. Do. Unincorporated Areas. Emerg; December 1, 1989, Reg; January 6, 2011, Susp.
Clifton, City of, Bosque 480052 May 1, 1975, ......do.............. Do.
County. Emerg; April 1, 1987, Reg;
January 6, 2011, Susp.
Cranfills Gap, City of, 481512 May 20, 1991, ......do.............. Do. Bosque County. Emerg; January 1, 1992, Reg; January 6, 2011, Susp.
DeWitt County, 481171 October 1, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; May 1, 1987, Reg;
January 6, 2011, Susp.
Iredell, Town of, Bosque 481072 April 7, 1992, ......do.............. Do. County. Emerg; November 1, 1992, Reg; January 6, 2011, Susp.
Jacksonville, City of, 480123 September 3, ......do.............. Do.
Cherokee County. 1974, Emerg;
February 18, 1981, Reg;
January 6, 2011, Susp.
Meridian, City of, Bosque 480053 June 4, 1975, ......do.............. Do.
County. Emerg; August 1, 1987, Reg;
January 6, 2011, Susp.
New Summerfield, City of, 481153 January 21, 2010, ......do.............. Do. Cherokee County. Emerg; January 6, 2011, Reg; January 6, 2011, Susp.
Rusk, City of, Cherokee 480124 June 20, 1975, ......do.............. Do.
County. Emerg; June 1, 1988, Reg;
January 6, 2011, Susp.
Snook, City of, Burleson 480090 N/A, Emerg; ......do.............. Do.
County. September 15, 2001, Reg;
January 6, 2011, Susp.
Somerville, City of, 480091 July 21, 1975, ......do.............. Do.
Burleson County. Emerg; June 4, 1990, Reg;
January 6, 2011, Susp.
Troup, City of, Cherokee 480570 August 15, 1975, ......do.............. Do. and Smith Counties. Emerg; January 23, 1979, Reg; January 6, 2011, Susp.
Valley Mills, City of, 480054 July 31, 1975, ......do.............. Do. Bosque and McLennan Emerg; November Counties. 15, 1979, Reg; January 6, 2011, Susp.
[[Page 80354]]
Wells, City of, Cherokee 480741 February 4, 1991, ......do.............. Do.
County. Emerg; June 1, 1991, Reg;
January 6, 2011, Susp.
Yorktown, City of, DeWitt 480197 January 16, 1974, ......do.............. Do.
County. Emerg; March 1, 1987, Reg;
January 6, 2011, Susp.
Region VII
Iowa:
Anita, City of, Cass County 190048 April 11, 1975, ......do.............. Do.
Emerg; June 17, 1986, Reg;
January 6, 2011, Susp.
Atlantic, City of, Cass 190049 July 8, 1975, ......do.............. Do.
County. Emerg; August 5, 1986, Reg;
January 6, 2011, Susp.
Cass County, Unincorporated 190852 August 25, 1975, ......do.............. Do. Areas. Emerg; September 1, 1986, Reg; January 6, 2011, Susp.
Lewis, City of, Cass County 190347 October 26, 1976, ......do.............. Do. Emerg; August 26, 1977, Reg; January 6, 2011, Susp.
Marne, City of, Cass County 190348 September 11, ......do.............. Do. 2008, Emerg; January 6, 2011, Reg; January 6, 2011, Susp.
Massena, City of, Cass 190349 January 15, 2008, ......do.............. Do. County. Emerg; January 6, 2011, Reg; January 6, 2011, Susp.
Missouri:
Calhoun, City of, Henry 290622 November 7, 1975, ......do.............. Do. County. Emerg; August 19, 1985, Reg; January 6, 2011, Susp.
Cedar County, 290791 N/A, Emerg; April ......do.............. Do. Unincorporated Areas. 11, 2006, Reg; January 6, 2011, Susp.
Clinton, City of, Henry 290155 June 25, 1975, ......do.............. Do.
County. Emerg; July 4, 1988, Reg;
January 6, 2011, Susp.
Henry County, 290804 January 29, 2007, ......do.............. Do. Unincorporated Areas. Emerg; January 6, 2011, Reg; January 6, 2011, Susp.
Stockton, City of, Cedar 290667 N/A, Emerg; ......do.............. Do.
County. September 25, 2003, Reg;
January 6, 2011, Susp.
Windsor, City of, Henry 290156 March 30, 1976, ......do.............. Do.
County. Emerg; September
18, 1985, Reg;
January 6, 2011, Susp.
Region IX
California: Gridley, City of, 060019 N/A, Emerg; April ......do.............. Do.
Butte County 25, 1997, Reg;
January 6, 2011, Susp.
*do = Ditto.
Code for reading third column: Emerg.Emergency; Reg.Regular; Susp.Suspension.
Dated: December 7, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation. [FR Doc. 201032106 Filed 122110; 8:45 am]
BILLING CODE 911012P
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, (202) 6462953.