[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32302-32305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13715]



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DEPARTMENT OF HOMELAND SECURITY



Federal Emergency Management Agency



44 CFR Part 64



[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8133]




Suspension of Community Eligibility



AGENCY: Federal Emergency Management Agency, DHS.



ACTION: Final rule.



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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.

    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:



[[Page 32303]]







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                                                 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

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            Region I

 

Connecticut:

    Bethel, Town of, Fairfield         090001  July 25, 1975,     June 18, 2010.........  June 18, 2010.

     County.                                    Emerg; February

                                                15, 1984, Reg;

                                                June 18, 2010,

                                                Susp.

    Bridgeport, City of,               090002  August 7, 1973,    *......do.............   Do.

     Fairfield County.                          Emerg; October

                                                15, 1980, Reg;

                                                June 18, 2010,

                                                Susp.

    Danbury, City of, Fairfield        090004  November 19,       ......do..............   Do.

     County.                                    1971, Emerg; May

                                                2, 1977, Reg;

                                                June 18, 2010,

                                                Susp.

    Darien, Town of, Fairfield         090005  January 19, 1973,  ......do..............   Do.

     County.                                    Emerg; January

                                                2, 1981, Reg;

                                                June 18, 2010,

                                                Susp.

    Greenwich, Town of,                090008  February 4, 1972,  ......do..............   Do.

     Fairfield County.                          Emerg; September

                                                30, 1977, Reg;

                                                June 18, 2010,

                                                Susp.

    Monroe, Town of, Fairfield         090009  April 24, 1975,    ......do..............   Do.

     County.                                    Emerg; April 17,

                                                1985, Reg; June

                                                18, 2010, Susp.

    New Fairfield, Town of,            090188  November 17,       ......do..............   Do.

     Fairfield County.                          1975, Emerg;

                                                February 15,

                                                1984, Reg; June

                                                18, 2010, Susp.

    Newtown, Town of, Fairfield        090011  August 28, 1975,   ......do..............   Do.

     County.                                    Emerg; June 15,

                                                1979, Reg; June

                                                18, 2010, Susp.

    Norwalk, City of, Fairfield        090012  March 10, 1972,    ......do..............   Do.

     County.                                    Emerg; April 3,

                                                1978, Reg; June

                                                18, 2010, Susp.

    Redding, Town of, Fairfield        090141  September 23,      ......do..............   Do.

     County.                                    1974, Emerg;

                                                June 15, 1982,

                                                Reg; June 18,

                                                2010, Susp.

    Shelton, City of, Fairfield        090014  August 31, 1973,   ......do..............   Do.

     County.                                    Emerg; September

                                                29, 1978, Reg;

                                                June 18, 2010,

                                                Susp.

    Stamford, City of,                 090015  March 10, 1972,    ......do..............   Do.

     Fairfield County.                          Emerg; January

                                                16, 1981, Reg;

                                                June 18, 2010,

                                                Susp.

    Stratford, Town of,                090016  August 18, 1972,   ......do..............   Do.

     Fairfield County.                          Emerg; June 1,

                                                1978, Reg; June

                                                18, 2010, Susp.

    Trumbull, Town of,                 090017  January 15, 1974,  ......do..............   Do.

     Fairfield County.                          Emerg; December

                                                4, 1979, Reg;

                                                June 18, 2010,

                                                Susp.

    Weston, Town of, Fairfield         090018  September 8,       ......do..............   Do.

     County.                                    1972, Emerg;

                                                October 17,

                                                1978, Reg; June

                                                18, 2010, Susp.

           Region III

 

Virginia: Nelson County,               510102  October 4, 1973,   ......do..............   Do.

 Unincorporated Areas                           Emerg; August 1,

                                                1978, Reg; June

                                                18, 2010, Susp.

West Virginia:

    Grantsville, Town of,              540021  April 29, 1975,    ......do..............   Do.

     Calhoun County.                            Emerg; March 18,

                                                1991, Reg; June

                                                18, 2010, Susp.

    Calhoun County,                    540020  July 8, 1975,      ......do..............   Do.

     Unincorporated Areas.                      Emerg; March 18,

                                                1991, Reg; June

                                                18, 2010, Susp.

           Region IV

 

Georgia:

    Cumming, City of, Forsyth          130236  July 23, 1975,     ......do..............   Do.

     County.                                    Emerg; August 1,

                                                1986, Reg; June

                                                18, 2010, Susp.

    Duluth, City of, Gwinnett          130098  December 17,       ......do..............   Do.

     County.                                    1975, Emerg;

                                                June 1, 1981,

                                                Reg; June 18,

                                                2010, Susp.

    Forsyth County,                    130312  April 12, 1977,    ......do..............   Do.

     Unincorporated Areas.                      Emerg; July 4,

                                                1989, Reg; June

                                                18, 2010, Susp.

    Gibson, City of, Glascock          130091  May 7, 1976,       ......do..............   Do.

     County.                                    Emerg; July 17,

                                                1986, Reg; June

                                                18, 2010, Susp.

    Gwinnett County,                   130322  April 9, 1975,     ......do..............   Do.

     Unincorporated Areas.                      Emerg; June 15,

                                                1981, Reg; June

                                                18, 2010, Susp.

    Jasper County,                     130519  January 24, 1995,  ......do..............   Do.

     Unincorporated Areas.                      Emerg; May 6,

                                                1996, Reg; June

                                                18, 2010, Susp.

    Johns Creek, City of,              130678  N/A, Emerg;        ......do..............   Do.

     Fulton County.                             August 18, 2009,

                                                Reg; June 18,

                                                2010, Susp.

    Monticello, City of, Jasper        130510  October 3, 1994,   ......do..............   Do.

     County.                                    Emerg; June 18,

                                                2010, Reg; June

                                                18, 2010, Susp.

Mississippi:

    Blue Mountain, Town of,            280172  April 29, 1975,    ......do..............   Do.

     Tippah County.                             Emerg; July 3,

                                                1986, Reg; June

                                                18, 2010, Susp.

    Magnolia, City of, Pike            280297  December 21,       ......do..............   Do.

     County.                                    1978, Emerg;

                                                July 1, 1987,

                                                Reg; June 18,

                                                2010, Susp.

    McComb, City of, Pike              280132  July 18, 1975,     ......do..............   Do.

     County.                                    Emerg; August 1,

                                                1979, Reg; June

                                                18, 2010, Susp.

    Pike County, Unincorporated        280278  May 13, 1980,      ......do..............   Do.

     Areas.                                     Emerg; September

                                                15, 1989, Reg;

                                                June 18, 2010,

                                                Susp.

    Ripley, City of, Tippah            280173  August 6, 1975,    ......do..............   Do.

     County.                                    Emerg; June 4,

                                                1987, Reg; June

                                                18, 2010, Susp.



[[Page 32304]]



 

    Tippah County,                     280282  October 31, 2008,  ......do..............   Do.

     Unincorporated Areas.                      Emerg; June 18,

                                                2010, Reg; June

                                                18, 2010, Susp.

    Walnut, Town of, Tippah            280328  August 10, 2007,   ......do..............   Do.

     County.                                    Emerg; November

                                                1, 2007, Reg;

                                                June 18, 2010,

                                                Susp.

Tennessee: Hancock County,             470226  March 15, 1995,    ......do..............   Do.

 Unincorporated Areas                           Emerg; September

                                                1, 2002, Reg;

                                                June 18, 2010,

                                                Susp.

            Region V

 

Illinois:

    Gladstone, Village of,             170279  October 25, 1974,  ......do..............   Do.

     Henderson County.                          Emerg; March 9,

                                                1984, Reg; June

                                                18, 2010, Susp.

    Gulfport, Village of,              170280  March 12, 1974,    ......do..............   Do.

     Henderson County.                          Emerg; October

                                                15, 1985, Reg;

                                                June 18, 2010,

                                                Susp.

    Henderson County,                  170277  April 12, 1974,    ......do..............   Do.

     Unincorporated Areas.                      Emerg; March 4,

                                                1986, Reg; June

                                                18, 2010, Susp.

    Lomax, Village of,                 170281  July 24, 1974,     ......do..............   Do.

     Henderson County.                          Emerg; April 3,

                                                1984, Reg; June

                                                18, 2010, Susp.

    Oquawka, Village of,               170282  April 30, 1974,    ......do..............   Do.

     Henderson County.                          Emerg; June 1,

                                                1983, Reg; June

                                                18, 2010, Susp.

Ohio:

    London, City of, Madison           390366  January 15, 1976,  ......do..............   Do.

     County.                                    Emerg; July 2,

                                                1987, Reg; June

                                                18, 2010, Susp.

    Madison County,                    390773  March 20, 1978,    ......do..............   Do.

     Unincorporated Areas.                      Emerg; February

                                                6, 1991, Reg;

                                                June 18, 2010,

                                                Susp.

    West Jefferson, Village of,        390638  July 24, 1991,     ......do..............   Do.

     Madison County.                            Emerg; June 18,

                                                2010, Reg; June

                                                18, 2010, Susp.

    Girard, City of, Trumbull          390536  August 27, 1975,   ......do..............   Do.

     County.                                    Emerg; July 2,

                                                1980, Reg; June

                                                18, 2010, Susp.

    Hubbard, City of, Trumbull         390537  June 9, 1975,      ......do..............   Do.

     County.                                    Emerg; August

                                                15, 1978, Reg;

                                                June 18, 2010,

                                                Susp.

    McDonald, Village of,              390538  July 7, 1975,      ......do..............   Do.

     Trumbull County.                           Emerg; August 8,

                                                1979, Reg; June

                                                18, 2010, Susp.

    Newton Falls, City of,             390539  March 23, 1973,    ......do..............   Do.

     Trumbull County.                           Emerg; August 1,

                                                1978, Reg; June

                                                18, 2010, Susp.

    Niles, City of, Trumbull           390540  March 5, 1974,     ......do..............   Do.

     County.                                    Emerg; June 1,

                                                1978, Reg; June

                                                18, 2010, Susp.

    Orangeville, Village of,           390751  May 28, 1976,      ......do..............   Do.

     Trumbull County.                           Emerg; September

                                                4, 1987, Reg;

                                                June 18, 2010,

                                                Susp.

    Trumbull County,                   390535  March 16, 1973,    ......do..............   Do.

     Unincorporated Areas.                      Emerg; September

                                                29, 1978, Reg;

                                                June 18, 2010,

                                                Susp.

    Warren, City of, Trumbull          390541  September 29,      ......do..............   Do.

     County.                                    1972, Emerg;

                                                August 1, 1977,

                                                Reg; June 18,

                                                2010, Susp.

           Region VI

 

Arkansas:

    Blytheville, City of,              050140  August 16, 1974,   ......do..............   Do.

     Mississippi County.                        Emerg; September

                                                21, 1982, Reg;

                                                June 18, 2010,

                                                Susp.

    Dyess, City of, Mississippi        050143  September 10,      ......do..............   Do.

     County.                                    1975, Emerg;

                                                January 17,

                                                1986, Reg; June

                                                18, 2010, Susp.

    Joiner, City of,                   050145  September 8,       ......do..............   Do.

     Mississippi County.                        1975, Emerg;

                                                September 21,

                                                1982, Reg; June

                                                18, 2010, Susp.

    Keiser, City of,                   050146  April 3, 1975,     ......do..............   Do.

     Mississippi County.                        Emerg; September

                                                21, 1982, Reg;

                                                June 18, 2010,

                                                Susp.

    Leachville, City of,               050147  April 11, 1975,    ......do..............   Do.

     Mississippi County.                        Emerg; June 25,

                                                1976, Reg; June

                                                18, 2010, Susp.

    Luxora, City of,                   050148  June 23, 1975,     ......do..............   Do.

     Mississippi County.                        Emerg; February

                                                1, 1987, Reg;

                                                June 18, 2010,

                                                Susp.

    Manila, City of,                   050149  June 13, 1975,     ......do..............   Do.

     Mississippi County.                        Emerg; July 20,

                                                1982, Reg; June

                                                18, 2010, Susp.

    Marie, Town of, Mississippi        050150  July 15, 1975,     ......do..............   Do.

     County.                                    Emerg; March 22,

                                                1982, Reg; June

                                                18, 2010, Susp.

    Osceola, City of,                  050151  June 5, 1974,      ......do..............   Do.

     Mississippi County.                        Emerg; June 30,

                                                1976, Reg; June

                                                18, 2010, Susp.

    Mississippi County,                050452  July 6, 1979,      ......do..............   Do.

     Unincorporated Areas.                      Emerg; November

                                                1, 1985, Reg;

                                                June 18, 2010,

                                                Susp.

    Wilson, City of,                   050153  April 24, 1975,    ......do..............   Do.

     Mississippi County.                        Emerg; June 25,

                                                1976, Reg; June

                                                18, 2010, Susp.

Oklahoma:

    Elmore City, City of,              400374  December 19,       ......do..............   Do.

     Garvin County.                             1977, Emerg;

                                                July 20, 1982,

                                                Reg; June 18,

                                                2010, Susp.

    Lindsay, City of, Garvin           400245  February 26,       ......do..............   Do.

     County.                                    1975, Emerg;

                                                January 6, 1983,

                                                Reg; June 18,

                                                2010, Susp.



[[Page 32305]]



 

    Maysville, Town of, Garvin         400402  February 27,       ......do..............   Do.

     County.                                    1978, Emerg;

                                                September 30,

                                                1981, Reg; June

                                                18, 2010, Susp.

    Pauls Valley, City of,             400246  December 9, 1976,  ......do..............   Do.

     Garvin County.                             Emerg; September

                                                17, 1980, Reg;

                                                June 18, 2010,

                                                Susp.

    Stratford, Town of, Garvin         400416  January 26, 1978,  ......do..............   Do.

     County.                                    Emerg; November

                                                15, 1985, Reg;

                                                June 18, 2010,

                                                Susp.

           Region VII

 

Nebraska:

    Adams, Village of, Gage            310089  November 7, 1975,  ......do..............   Do.

     County.                                    Emerg; March 18,

                                                1985, Reg; June

                                                18, 2010, Susp.

    Gage County, Unincorporated        310088  July 27, 1984,     ......do..............   Do.

     Areas.                                     Emerg; May 1,

                                                1990, Reg; June

                                                18, 2010, Susp.

    Odell, Village of, Gage            310094  August 26, 1975,   ......do..............   Do.

     County.                                    Emerg; June 1,

                                                1987, Reg; June

                                                18, 2010, Susp.

          Region VIII

 

Wyoming:

    Cody, City of, Park County.        560038  April 9, 1975,     ......do..............   Do.

                                                Emerg; February

                                                2, 1984, Reg;

                                                June 18, 2010,

                                                Susp.

    Meeteetse, Town of, Park           560039  September 29,      ......do..............   Do.

     County.                                    1975, Emerg;

                                                October 1, 1986,

                                                Reg; June 18,

                                                2010, Susp.

    Park County, Unincorporated        560085  March 24, 1983,    ......do..............   Do.

     Areas.                                     Emerg; August 1,

                                                1987, Reg; June

                                                18, 2010, Susp.

    Powell, City of, Park              560040  July 23, 1975,     ......do..............   Do.

     County.                                    Emerg; July 15,

                                                1985, Reg; June

                                                18, 2010, Susp.

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* do = Ditto.

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





    Dated: May 28, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.

[FR Doc. 2010-13715 Filed 6-7-10; 8:45 am]

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