Suspensions of Community Eligibility

Federal Register: February 8, 2010 (Volume 75, Number 25)

Rules and Regulations

Page 6120-6123

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr08fe10-13

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 64

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8119

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.

Page 6121

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. 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 II

New York:

Cincinnatus, Town of,

360177 July 7, 1975,

March 2, 2010......... March 2, 2010

Cortland County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Cortland, City of,

360178 February 3, 1975, ......do*............. Do.

Cortland County.

Emerg; August 15, 1983, Reg; March 2, 2010, Susp.

Cortlandville, Town of,

360179 June 24, 1975,

......do*............. Do.

Cortland County.

Emerg; August 15, 1983, Reg; March 2, 2010, Susp.

Cuyler, Town of, Cortland

361386 June 6, 1977,

......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Freetown, Town of,

361325 June 19, 2007,

......do*............. Do.

Cortland County.

Emerg; N/A, Reg;

March 2, 2010,

Susp.

Harford, Town of, Cortland

360180 June 26, 1975,

......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Homer, Town of, Cortland

360181 January 15, 1975, ......do*............. Do.

County.

Emerg; August 15, 1983, Reg; March 2, 2010, Susp.

Homer, Village of,

360182 October 10, 1974, ......do*............. Do.

Cortland County.

Emerg; August 15, 1983, Reg; March 2, 2010, Susp.

Lapeer, Town of, Cortland

361326 November 4, 1976, ......do*............. Do.

County.

Emerg; July 20, 1984, Reg; March 2, 2010, Susp.

Marathon, Village of,

360183 November 21, 1974, ......do*............. Do.

Cortland County.

Emerg; October 15, 1982, Reg;

March 2, 2010,

Susp.

McGraw, Village of,

360184 March 12, 1975,

......do*............. Do.

Cortland County.

Emerg; December 1, 1982, Reg;

March 2, 2010,

Susp.

Preble, Town of, Cortland

360185 June 19, 1975,

......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Scott, Town of, Cortland

361328 December 17, 1975, ......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Solon, Town of, Cortland

361329 February 2, 1976, ......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Taylor, Town of, Cortland

361330 May 19, 1977,

......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Truxton, Town of, Cortland

360186 September 12,

......do*............. Do.

County.

1975, Emerg; May 15, 1985, Reg;

March 2, 2010,

Susp.

Virgil, Town of, Cortland

360187 March 31, 1975,

......do*............. Do.

County.

Emerg; May 15, 1985, Reg; March 2, 2010, Susp.

Willet, Town of, Cortland

361331 January 21, 1977, ......do*............. Do.

County.

Emerg; July 20, 1984, Reg; March 2, 2010, Susp.

Region II

West Virginia: Franklin, Town

540154 July 2, 1975,

......do*............. Do. of, Pendleton County.

Emerg; September 1, 1987, Reg;

March 2, 2010,

Susp.

Region IV

Mississippi:

Forrest County,

280052 March 6, 1975,

......do*............. Do.

Unincorporated Areas.

Emerg; April 2, 1990, Reg; March 2, 2010, Susp.

Page 6122

Hattiesburg, City of,

280053 April 3, 1970,

......do*............. Do.

Forrest and Lamar

Emerg; April 3,

Counties.

1970, Reg; March 2, 2010, Susp.

Lamar County,

280304 April 16, 1979,

......do*............. Do.

Unincorporated Areas.

Emerg; April 2, 1990, Reg; March 2, 2010, Susp.

Lumberton, City of, Lamar

280337 N/A, Emerg;

......do*............. Do. and Pearl River Counties.

February 26, 2009, Reg; March 2, 2010, Susp.

Petal, City of, Forrest

280260 September 27,

......do*............. Do.

County.

1974, Emerg;

April 15, 1980,

Reg; March 2, 2010, Susp.

Purvis, Town of, Lamar

280318 May 14, 1980,

......do*............. Do.

County.

Emerg; March 1, 1987, Reg; March 2, 2010, Susp.

Sumrall, Town of, Lamar

280326 April 22, 1983,

......do*............. Do.

County.

Emerg; August 19, 1985, Reg; March 2, 2010, Susp.

Tennessee: Fentress County,

470343 November 30, 2006, ......do*............. Do.

Unincorporated Areas.

Emerg; April 1, 2007, Reg; March 2, 2010, Susp.

Region V

Ohio:

Camden, Village of, Preble

390461 June 28, 1984,

......do*............. Do.

County.

Emerg; June 28, 1984, Reg; March 2, 2010, Susp.

Coshocton, City of,

390089 July 24, 1975,

......do*............. Do.

Coshocton County.

Emerg; December 18, 1986, Reg;

March 2, 2010,

Susp.

Coshocton County,

390765 February 28, 1977, ......do*............. Do.

Unincorporated Areas.

Emerg; February 4, 1987, Reg;

March 2, 2010,

Susp.

Eaton, City of, Preble

390462 February 14, 1975, ......do*............. Do.

County.

Emerg; April 15, 1981, Reg; March 2, 2010, Susp.

New Paris, Village of,

390463 March 3, 1975,

......do*............. Do.

Preble County.

Emerg; April 15, 1981, Reg; March 2, 2010, Susp.

Preble County,

390460 February 12, 1982, ......do*............. Do.

Unincorporated Areas.

Emerg; February 12, 1982, Reg;

March 2, 2010,

Susp.

Warsaw, Village of,

390733 August 26, 1977,

......do*............. Do.

Coshocton County.

Emerg; September 1, 1987, Reg;

March 2, 2010,

Susp.

West Alexandria, Village

390905 N/A, Emerg; May

......do*............. Do. of, Preble County.

21, 2001, Reg;

March 2, 2010,

Susp.

West Lafayette, Village

390814 August 26, 1977,

......do*............. Do. of, Coshocton County.

Emerg; March 22, 1982, Reg; March 2, 2010, Susp.

Wisconsin:

Bloomer, City of, Chippewa

550042 March 20, 1975,

......do*............. Do.

County.

Emerg; August 19, 1991, Reg; March 2, 2010, Susp.

Cadott, Village of,

550043 January 23, 1975, ......do*............. Do.

Chippewa County.

Emerg; March 5, 1996, Reg; March 2, 2010, Susp.

Chippewa County,

555549 March 26, 1971,

......do*............. Do.

Unincorporated Areas.

Emerg; June 22, 1973, Reg; March 2, 2010, Susp.

Chippewa Falls, City of,

550044 April 16, 1971,

......do*............. Do.

Chippewa County.

Emerg; September 1, 1977, Reg;

March 2, 2010,

Susp.

Cornell, City of, Chippewa

550045 September 25,

......do*............. Do.

County.

1974, Emerg;

September 28, 1990, Reg; March 2, 2010, Susp.

Eau Claire, City of,

550128 March 19, 1971,

......do*............. Do.

Chippewa and Eau Claire

Emerg; June 1,

Counties.

1977, Reg; March 2, 2010, Susp.

Stanley, City of, Chippewa

550047 April 1, 1975,

......do*............. Do. and Clark Counties.

Emerg; September 18, 1985, Reg;

March 2, 2010,

Susp.

Region VI

Arkansas:

Atkins, City of, Pope

050304 August 7, 1975,

......do*............. Do.

County.

Emerg; July 6, 1982, Reg; March 2, 2010, Susp.

Dover, City of, Pope

050321 May 24, 1976,

......do*............. Do.

County.

Emerg; March 15, 1983, Reg; March 2, 2010, Susp.

London, Town of, Pope

050340 September 17,

......do*............. Do.

County.

1975, Emerg; July 13, 1982, Reg;

March 2, 2010,

Susp.

Pope County,

050458 April 8, 2005,

......do*............. Do.

Unincorporated Areas.

Emerg; July 1, 2009, Reg; March 2, 2010, Susp.

Pottsville, Town of, Pope

050277 August 26, 1976,

......do*............. Do.

County.

Emerg; April 15, 1982, Reg; March 2, 2010, Susp.

Russellville, City of,

050178 July 17, 1970,

......do*............. Do.

Pope County.

Emerg; July 18, 1970, Reg; March 2, 2010, Susp.

Louisiana:

Cotton Valley, Town of,

220322 December 21, 1978, ......do*............. Do.

Webster Parish.

Emerg; October 15, 1985, Reg;

March 2, 2010,

Susp.

Cullen, Town of, Webster

220235 April 30, 1975,

......do*............. Do.

Parish.

Emerg; February 12, 1979, Reg;

March 2, 2010,

Susp.

Page 6123

Doyline, Village of,

220236 July 21, 1978,

......do*............. Do.

Webster Parish.

Emerg; September 18, 1979, Reg;

March 2, 2010,

Susp.

Minden, City of, Webster

220237 December 17, 1974, ......do*............. Do.

Parish.

Emerg; July 18, 1985, Reg; March 2, 2010, Susp.

Sibley, Village of,

220258 May 16, 1980,

......do*............. Do.

Webster Parish.

Emerg; July 18, 1985, Reg; March 2, 2010, Susp.

Springhill, City of,

220238 March 12, 1975,

......do*............. Do.

Webster Parish.

Emerg; June 15, 1981, Reg; March 2, 2010, Susp.

Region X

Oregon:

Amity, City of, Yamhill

410250 May 20, 1975,

......do*............. Do.

County.

Emerg; December 1, 1981, Reg;

March 2, 2010,

Susp.

Carlton, City of, Yamhill

410251 May 6, 1975,

......do*............. Do.

County.

Emerg; June 30, 1976, Reg; March 2, 2010, Susp.

Dayton, City of, Yamhill

410252 June 4, 1975,

......do*............. Do.

County.

Emerg; June 1, 1982, Reg; March 2, 2010, Susp.

Dundee, City of, Yamhill

410253 April 23, 1975,

......do*............. Do.

County.

Emerg; March 1, 1982, Reg; March 2, 2010, Susp.

Lafayette, City of,

410254 May 20, 1975,

......do*............. Do.

Yamhill County.

Emerg; June 15, 1982, Reg; March 2, 2010, Susp.

McMinnville, City of,

410255 July 22, 1975,

......do*............. Do.

Yamhill County.

Emerg; December 1, 1982, Reg;

March 2, 2010,

Susp.

Newberg, City of, Yamhill

410256 August 5, 1974,

......do*............. Do.

County.

Emerg; March 1, 1982, Reg; March 2, 2010, Susp.

Sheridan, City of, Yamhill

410257 January 21, 1975, ......do*............. Do.

County.

Emerg; August 1, 1980, Reg; March 2, 2010, Susp.

Willamina, City of,

410258 January 21, 1975, ......do*............. Do.

Yamhill County.

Emerg; March 15, 1982, Reg; March 2, 2010, Susp.

Yamhill, City of, Yamhill

410259 June 30, 1975,

......do*............. Do.

County.

Emerg; March 1, 1982, Reg; March 2, 2010, Susp.

Yamhill County,

410249 May 28, 1974,

......do*............. Do.

Unincorporated Areas.

Emerg; September 30, 1983, Reg;

March 2, 2010,

Susp.

* do=Ditto.

Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: February 2, 2010.

Sandra K. Knight,

Deputy Assistant Administrator for Mitigation, Department of Homeland

Security, Federal Emergency Management Agency.

FR Doc. 2010-2615 Filed 2-5-10; 8:45 am

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