Suspension of Community Eligibility
Federal Register: February 5, 2010 (Volume 75, Number 24)
Rules and Regulations
Page 5890-5893
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DOCID:fr05fe10-7
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency 44 CFR Part 64
Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8115
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, (202) 646-2953.
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.
Page 5891
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. 0
Accordingly, 44 CFR part 64 is amended as follows:
PART 64--[AMENDED] 0 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] 0 2. The tables published under the authority of Sec. 64.6 are amended as follows:
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
............ ..................
......................
Alabama:
Cherokee, City of, Colbert
010208 January 17, 1974, Apr. 17, 2010......... Apr. 17, 2010.
County.
Emerg; September 28, 1979, Reg;
February 17, 2010, Susp.
Colbert County,
010318 July 9, 1981,
......do*............. Do.
Unincorporated Areas.
Emerg; July 9, 1981, Reg;
February 17, 2010, Susp.
Dallas County,
010063 April 11, 1975,
......do.............. Do.
Unincorporated Areas.
Emerg; September 29, 1986, Reg;
February 17, 2010, Susp.
Leighton, City of, Colbert
010046 January 17, 1974, ......do.............. Do.
County.
Emerg; August 19, 1985, Reg;
February 17, 2010, Susp.
Littleville, Town of,
010330 October 25, 1977, ......do.............. Do.
Colbert County.
Emerg; November 24, 1978, Reg;
February 17, 2010, Susp.
Muscle Shoals, City of,
010047 January 30, 1974, ......do.............. Do.
Colbert County.
Emerg; December 15, 1977, Reg;
February 17, 2010, Susp.
Selma, City of, Dallas
010065 May 7, 1974,
......do.............. Do.
County.
Emerg; March 4, 1986, Reg;
February 17, 2010, Susp.
Sheffield, City of,
010048 January 10, 1974, ......do.............. Do.
Colbert County.
Emerg; December 15, 1977, Reg;
February 17, 2010, Susp.
Tuscumbia, City of,
010049 November 27, 1973, ......do.............. Do.
Colbert County.
Emerg; December 1, 1977, Reg;
February 17, 2010, Susp.
Valley Grande, City of,
010312 N/A, Emerg; June
......do.............. Do.
Dallas County.
8, 2004, Reg;
February 17, 2010, Susp.
Kentucky:
Clay City, City of, Powell
210195 March 22, 1976,
......do.............. Do.
County.
Emerg; September 6, 1989, Reg;
February 17, 2010, Susp.
Powell County,
210194 November 1, 1976, ......do.............. Do.
Unincorporated Areas.
Emerg; September 27, 1985, Reg;
February 17, 2010, Susp.
Springfield, City of,
210220 June 4, 1975,
......do.............. Do.
Washington County.
Emerg; July 17, 1986, Reg;
February 17, 2010, Susp.
Stanton, City of, Powell
210196 July 7, 1975,
......do.............. Do.
County.
Emerg; January 16, 1987, Reg;
February 17, 2010, Susp.
Mississippi:
Oktibbeha County,
280277 April 23, 1979,
......do.............. Do.
Unincorporated Areas.
Emerg; June 19, 1989, Reg;
February 17, 2010, Susp.
Starkville, City of,
280124 December 10, 1974, ......do.............. Do.
Oktibbeha County.
Emerg; February 18, 1981, Reg;
February 17, 2010, Susp.
Region V
............ ..................
......................
Michigan:
Augusta, Village of,
260312 May 20, 1975,
......do.............. Do.
Kalamazoo County.
Emerg; March 15, 1982, Reg;
February 17, 2010, Susp.
Comstock, Township of,
260427 January 18, 1977, ......do.............. Do.
Kalamazoo County.
Emerg; November 17, 1982, Reg;
February 17, 2010, Susp.
Cooper, Township of,
260428 May 6, 1977,
......do.............. Do.
Kalamazoo County.
Emerg; September 28, 1979, Reg;
February 17, 2010, Susp.
Kalamazoo, City of,
260315 December 26, 1974, ......do.............. Do.
Kalamazoo County.
Emerg; May 1, 1985, Reg;
February 17, 2010, Susp.
Oshtemo, Charter Township
260736 May 12, 1983,
......do.............. Do. of, Kalamazoo County.
Emerg; May 25, 1984, Reg;
February 17, 2010, Susp.
Portage, City of,
260577 May 20, 1976,
......do.............. Do.
Kalamazoo County.
Emerg; May 16, 1983, Reg;
February 17, 2010, Susp.
Richland, Township of,
260885 March 31, 1992,
......do.............. Do.
Kalamazoo County.
Emerg; May 19, 1992, Reg;
February 17, 2010, Susp.
Ross, Township of,
260624 July 24, 1975,
......do.............. Do.
Kalamazoo County.
Emerg; March 15, 1982, Reg;
February 17, 2010, Susp.
Vicksburg, Village of,
260578 November 10, 1976, ......do.............. Do.
Kalamazoo County.
Emerg; July 2, 1987, Reg;
February 17, 2010, Susp.
Ohio:
Page 5892
Cincinnati, City of,
390210 June 27, 1973,
......do.............. Do.
Hamilton County.
Emerg; October 15, 1982, Reg;
February 17, 2010, Susp.
Greenhills, Village of,
390219 May 6, 1975,
......do.............. Do.
Hamilton County.
Emerg; September 1, 1993, Reg;
February 17, 2010, Susp.
Milford, City of,
390227 April 15, 1975,
......do.............. Do.
Hamilton, Clermont
Emerg; January
Counties.
16, 1981, Reg;
February 17, 2010, Susp.
North Hampton, Village of,
390679 July 3, 1978,
......do.............. Do.
Clark County.
Emerg; September 24, 1984, Reg;
February 17, 2010, Susp.
Wisconsin:
Biron, Village of, Wood
555545 April 2, 1971,
......do.............. Do.
County.
Emerg; May 25, 1973, Reg;
February 17, 2010, Susp.
Marshfield, City of, Wood,
550515 February 18, 1975, ......do.............. Do.
Marathon Counties.
Emerg; October 6, 2009, Reg;
February 17, 2010, Susp.
Nekoosa, City of, Wood
550516 May 16, 1975,
......do.............. Do.
County.
Emerg; July 16, 1987, Reg;
February 17, 2010, Susp.
Pittsville, City of, Wood
550517 March 10, 1975,
......do.............. Do.
County.
Emerg; November 6, 1991, Reg;
February 17, 2010, Susp.
Port Edwards, Village of,
555572 July 2, 1971,
......do.............. Do.
Wood County.
Emerg; April 13, 1973, Reg;
February 17, 2010, Susp.
Region VI
New Mexico:
Gallup, City of, McKinley
350042 August 6, 1973,
......do.............. Do.
County.
Emerg; March 1, 1978, Reg;
February 17, 2010, Susp.
McKinley County,
350039 May 9, 2007,
......do.............. Do.
Unincorporated Areas.
Emerg; N/A, Reg;
February 17, 2010, Susp.
Zuni, Pueblo of, McKinley,
350143 December 21, 1978, ......do.............. Do.
Cibola, Catron Counties.
Emerg; September 4, 1987, Reg;
February 17, 2010, Susp.
Texas:
Copperas Cove, City of,
480155 July 3, 1975,
......do.............. Do.
Coryell, Bell, Lampasas
Emerg; November
Counties.
21, 1978, Reg;
February 17, 2010, Susp.
Gatesville, City of,
480156 December 18, 1974, ......do.............. Do.
Coryell County.
Emerg; September 30, 1981, Reg;
February 17, 2010, Susp.
McGregor, City of, Coryell
480459 April 7, 1975,
......do.............. Do.
County.
Emerg; February 1, 1979, Reg;
February 17, 2010, Susp.
Oglesby, City of, Coryell
480769 February 5, 2001, ......do.............. Do.
County.
Emerg; November 1, 2007, Reg;
February 17, 2010, Susp.
Region VIII
Wyoming:
Bear River, Town of, Uinta
560103 N/A, Emerg;
......do.............. Do.
County.
October 12, 2001,
Reg; February 17, 2010, Susp.
Evanston, City of, Uinta
560054 March 23, 1977,
......do.............. Do.
County.
Emerg; January 15, 1988, Reg;
February 17, 2010, Susp.
Mountain View, Town of,
560092 August 25, 1977,
......do.............. Do.
Uinta County.
Emerg; July 4, 1989, Reg;
February 17, 2010, Susp.
Uinta County,
560053 January 2, 1976,
......do.............. Do.
Unincorporated Areas.
Emerg; December 15, 1978, Reg;
February 17, 2010, Susp.
Region X
Oregon:
Douglas County,
410059 December 3, 1971, ......do.............. Do.
Unincorporated Areas.
Emerg; December 15, 1978, Reg;
February 17, 2010, Susp.
Drain, City of, Douglas
410061 August 1, 1975,
......do.............. Do.
County.
Emerg; August 1, 1979, Reg;
February 17, 2010, Susp.
Elkton, City of, Douglas
410062 January 14, 1976, ......do.............. Do.
County.
Emerg; September 5, 1979, Reg;
February 17, 2010, Susp.
Glendale, City of, Douglas
410063 February 18, 1975, ......do.............. Do.
County.
Emerg; September 29, 1978, Reg;
February 17, 2010, Susp.
Myrtle Creek, City of,
410064 January 14, 1972, ......do.............. Do.
Douglas County.
Emerg; February 15, 1978, Reg;
February 17, 2010, Susp.
Oakland, City of, Douglas
410271 November 1, 1976, ......do.............. Do.
County.
Emerg; June 19, 1985, Reg;
February 17, 2010, Susp.
Reedsport, City of,
410065 May 13, 1975,
......do.............. Do.
Douglas County.
Emerg; April 3, 1984, Reg;
February 17, 2010, Susp.
Riddle, City of, Douglas
410066 July 22, 1975,
......do.............. Do.
County.
Emerg; August 1, 1979, Reg;
February 17, 2010, Susp.
Roseburg, City of, Douglas
410067 December 23, 1971, ......do.............. Do.
County.
Emerg; June 1, 1977, Reg;
February 17, 2010, Susp.
Sutherlin, City of,
410275 N/A, Emerg; May
......do.............. Do.
Douglas County.
21, 1997, Reg;
February 17, 2010, Susp.
Page 5893
Yoncalla, City of, Douglas
410069 July 21, 1975,
......do.............. Do.
County.
Emerg; August 21, 1978, Reg;
February 17, 2010, Susp.
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 27, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
FR Doc. 2010-2487 Filed 2-4-10; 8:45 am
BILLING CODE 9110-12-P
