[Federal Register Volume 75, Number 98 (Friday, May 21, 2010)]
[Rules and Regulations]
[Pages 28492-28497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12203]
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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-8131]
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.'')
[[Page 28493]]
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:
----------------------------------------------------------------------------------------------------------------
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 I
Massachusetts:
Acton, Town of, Middlesex 250176 March 24, 1972, June 4, 2010.......... June 4, 2010.
County. Emerg; June 15,
1978, Reg; June
4, 2010, Susp.
Arlington, Town of, 250177 January 16, 1974, ......*do............. Do.
Middlesex County. Emerg; July 5,
1982, Reg; June
4, 2010, Susp.
Ashby, Town of, Middlesex 250178 January 31, 1996, .......do............. Do.
County. Emerg; August 1,
1996, Reg; June
4, 2010, Susp.
Ashland, Town of, Middlesex 250179 April 24, 1975, ......do.............. Do.
County. Emerg; July 16,
1981, Reg; June
4, 2010, Susp.
Ayer, Town of, Middlesex 250180 November 7, 1974, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; June
4, 2010, Susp.
Bedford, Town of, Middlesex 255209 April 2, 1971, ......do.............. Do.
County. Emerg; September
7, 1973, Reg;
June 4, 2010,
Susp.
[[Page 28494]]
Belmont, Town of, Middlesex 250182 September 6, ......do.............. Do.
County. 1974, Emerg;
June 15, 1982,
Reg; June 4,
2010, Susp.
Billerica, Town of, 250183 August 18, 1972, ......do.............. Do.
Middlesex County. Emerg; November
5, 1980, Reg;
June 4, 2010,
Susp.
Boxborough, Town of, 250184 April 11, 1975, ......do.............. Do.
Middlesex County. Emerg; September
15, 1978, Reg;
June 4, 2010,
Susp.
Burlington, Town of, 250185 January 2, 1976, ......do.............. Do.
Middlesex County. Emerg; July 5,
1984, Reg; June
4, 2010, Susp.
Cambridge, City of, 250186 July 24, 1975, ......do.............. Do.
Middlesex County. Emerg; July 5,
1982, Reg; June
4, 2010, Susp.
Carlisle, Town of, 250187 January 13, 1976, ......do.............. Do.
Middlesex County. Emerg; October
15, 1980, Reg;
June 4, 2010,
Susp.
Chelmsford, Town of, 250188 December 6, 1973, ......do.............. Do.
Middlesex County. Emerg; June 4,
1980, Reg; June
4, 2010, Susp.
Concord, Town of, Middlesex 250189 June 9, 1972, ......do.............. Do.
County. Emerg; June 15,
1979, Reg; June
4, 2010, Susp.
Dracut, Town of, Middlesex 250190 May 6, 1974, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; June
4, 2010, Susp.
Dunstable, Town of, 250191 December 8, 1986, ......do.............. Do.
Middlesex County. Emerg; December
8, 1986, Reg;
June 4, 2010,
Susp.
Everett, City of, Middlesex 250192 June 30, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; June
4, 2010, Susp.
Framingham, Town of, 250193 August 2, 1974, ......do.............. Do.
Middlesex County. Emerg; February
3, 1982, Reg;
June 4, 2010,
Susp.
Groton, Town of, Middlesex 250194 October 30, 1975, ......do.............. Do.
County. Emerg; July 5,
1982, Reg; June
4, 2010, Susp.
Holliston, Town of, 250195 December 5, 1975, ......do.............. Do.
Middlesex County. Emerg; September
30, 1980, Reg;
June 4, 2010,
Susp.
Hopkinton, Town of, 250196 December 3, 1975, ......do.............. Do.
Middlesex County. Emerg; July 5,
1982, Reg; June
4, 2010, Susp.
Hudson, Town of, Middlesex 250197 August 8, 1975, ......do.............. Do.
County. Emerg; December
15, 1979, Reg;
June 4, 2010,
Susp.
Lexington, Town of, 250198 July 31, 1975, ......do.............. Do.
Middlesex County. Emerg; June 1,
1978, Reg; June
4, 2010, Susp.
Lincoln, Town of, Middlesex 250199 December 24, ......do.............. Do.
County. 1975, Emerg;
June 1, 1978,
Reg; June 4,
2010, Susp.
Littleton, Town of, 250200 July 9, 1975, ......do.............. Do.
Middlesex County. Emerg; June 15,
1983, Reg; June
4, 2010, Susp.
Lowell, City of, Middlesex 250201 January 14, 1972, ......do.............. Do.
County. Emerg; April 16,
1979, Reg; June
4, 2010, Susp.
Malden, City of, Middlesex 250202 July 25, 1975, ......do.............. Do.
County. Emerg; May 19,
1987, Reg; June
4, 2010, Susp.
Marlborough, City of, 250203 July 25, 1975, ......do.............. Do.
Middlesex County. Emerg; January
6, 1982, Reg;
June 4, 2010,
Susp.
Maynard, Town of, Middlesex 250204 January 16, 1976, ......do.............. Do.
County. Emerg; June 15,
1979, Reg; June
4, 2010, Susp.
Medford, City of, Middlesex 250205 May 20, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; June
4, 2010, Susp.
Melrose, City of, Middlesex 250206 June 9, 1975, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; June
4, 2010, Susp.
Natick, Town of, Middlesex 250207 March 26, 1975, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
June 4, 2010,
Susp.
Newton, City of, Middlesex 250208 February 25, ......do.............. Do.
County. 1972, Emerg;
June 1, 1978,
Reg; June 4,
2010, Susp.
North Reading, Town of, 250209 March 17, 1972, ......do.............. Do.
Middlesex County. Emerg; April 3,
1978, Reg; June
4, 2010, Susp.
Pepperell, Town of, 250210 January 29, 1975, ......do.............. Do.
Middlesex County. Emerg; July 2,
1981, Reg; June
4, 2010, Susp.
Reading, Town of, Middlesex 250211 July 11, 1975, ......do.............. Do.
County. Emerg; July 2,
1981, Reg; June
4, 2010, Susp.
Sherborn, Town of, 250212 June 13, 1978, ......do.............. Do.
Middlesex County. Emerg; June 18,
1980, Reg; June
4, 2010, Susp.
Shirley, Town of, Middlesex 250213 July 22, 1975, ......do.............. Do.
County. Emerg; July 5,
1983, Reg; June
4, 2010, Susp.
Somerville, City of, 250214 February 4, 1974, ......do.............. Do.
Middlesex County. Emerg; July 17,
1986, Reg; June
4, 2010, Susp.
Stoneham, Town of, 250215 October 3, 1975, ......do.............. Do.
Middlesex County. Emerg; July 3,
1986, Reg; June
4, 2010, Susp.
[[Page 28495]]
Stow, Town of, Middlesex 250216 October 1, 1975, ......do.............. Do.
County. Emerg; August 1,
1979, Reg; June
4, 2010, Susp.
Sudbury, Town of, Middlesex 250217 August 1, 1975, ......do.............. Do.
County. Emerg; June 1,
1982, Reg; June
4, 2010, Susp.
Tewksbury, Town of, 250218 December 10, ......do.............. Do.
Middlesex County. 1971, Emerg;
July 18, 1977,
Reg; June 4,
2010, Susp.
Townsend, Town of, 250219 October 10, 1975, ......do.............. Do.
Middlesex County. Emerg; August 2,
1982, Reg; June
4, 2010, Susp.
Tyngsborough, Town of, 250220 June 18, 1975, ......do.............. Do.
Middlesex County. Emerg; September
2, 1982, Reg;
June 4, 2010,
Susp.
Wakefield, Town of, 250221 March 26, 1974, ......do.............. Do.
Middlesex County. Emerg; October
17, 1978, Reg;
June 4, 2010,
Susp.
Waltham, City of, Middlesex 250222 July 1, 1975, ......do.............. Do.
County. Emerg; December
18, 1979, Reg;
June 4, 2010,
Susp.
Watertown, Town of, 250223 December 5, 1974, ......do.............. Do.
Middlesex County. Emerg; September
30, 1980, Reg;
June 4, 2010,
Susp.
Wayland, City of, Middlesex 250224 March 21, 1975, ......do.............. Do.
County. Emerg; June 1,
1982, Reg; June
4, 2010, Susp.
Westford, Town of, 250225 October 3, 1975, ......do.............. Do.
Middlesex County. Emerg; June 15,
1983, Reg; June
4, 2010, Susp.
Weston, Town of, Middlesex 250226 July 30, 1975, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; June
4, 2010, Susp.
Wilmington, Town of, 250227 July 1, 1974, ......do.............. Do.
Middlesex County. Emerg; June 15,
1982, Reg; June
4, 2010, Susp.
Winchester, Town of, 250228 August 11, 1975, ......do.............. Do.
Middlesex County. Emerg; June 18,
1980, Reg; June
4, 2010, Susp.
Woburn, City of, Middlesex 250229 June 26, 1975, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; June
4, 2010, Susp.
Region IV
Alabama:
Berry, Town of, Fayette 010255 July 9, 1976, ......do.............. Do.
County. Emerg; June 3,
1986, Reg; June
4, 2010, Susp.
Fayette, City of, Fayette 010084 July 17, 1974, ......do.............. Do.
County. Emerg; March 1,
1984, Reg; June
4, 2010, Susp.
Fayette County, 010219 June 17, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1985, Reg;
June 4, 2010,
Susp.
Glen Allen, Town of, 010256 August 25, 1975, ......do.............. Do.
Fayette County. Emerg; September
18, 1985, Reg;
June 4, 2010,
Susp.
Florida:
Hamilton County, 120101 February 12, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
June 4, 1987,
Reg; June 4,
2010, Susp.
Jasper, City of, Hamilton 120587 N/A, Emerg; July ......do.............. Do.
County. 27, 2006, Reg;
June 4, 2010,
Susp.
White Springs, Town of, 120102 November 5, 1975, ......do.............. Do.
Hamilton County. Emerg; June 4,
1987, Reg; June
4, 2010, Susp.
Tennessee:
Dunlap, City of, Sequatchie 470270 September 29, ......do.............. Do.
County. 1975, Emerg;
March 4, 1988,
Reg; June 4,
2010, Susp.
Lake County, Unincorporated 470334 April 22, 1975, ......do.............. Do.
Areas. Emerg; March 16,
1981, Reg; June
4, 2010, Susp.
Region V
Michigan:
Centreville, Village of, 260509 April 5, 1979, ......do.............. Do.
St. Joseph County. Emerg; September
30, 1988, Reg;
June 4, 2010,
Susp.
Colon, Township of, St. 260510 March 9, 1977, ......do.............. Do.
Joseph County. Emerg; September
16, 1988, Reg;
June 4, 2010,
Susp.
Colon, Village of, St. 260511 March 9, 1977, ......do.............. Do.
Joseph County. Emerg; March 2,
1979, Reg; June
4, 2010, Susp.
Constantine, Village of, 260512 September 23, ......do.............. Do.
St. Joseph County. 1976, Emerg;
August 19, 1986,
Reg; June 4,
2010, Susp.
Fabius, Township of, St. 260781 November 13, ......do.............. Do.
Joseph County. 1986, Emerg;
September 30,
1988, Reg; June
4, 2010, Susp.
Lockport, Township of, St. 260715 August 30, 1982, ......do.............. Do.
Joseph County. Emerg; February
17, 1989, Reg;
June 4, 2010,
Susp.
Mendon, Township of, St. 260513 May 28, 1982, ......do.............. Do.
Joseph County. Emerg; July 2,
1987, Reg; June
4, 2010, Susp.
Mendon, Village of, St. 261136 July 6, 2007, ......do.............. Do.
Joseph County. Emerg; June 4,
2010, Reg; June
4, 2010, Susp.
[[Page 28496]]
Nottawa, Township of, St. 260514 January 24, 1978, ......do.............. Do.
Joseph County. Emerg; March 2,
1989, Reg; June
4, 2010, Susp.
Park, Township of, St. 261122 June 30, 2009, ......do.............. Do.
Joseph County. Emerg; June 4,
2010, Reg; June
4, 2010, Susp.
Three Rivers, City of, St. 260206 April 28, 1975, ......do.............. Do.
Joseph County. Emerg; December
15, 1990, Reg;
June 4, 2010,
Susp.
White Pigeon, Village of, 261138 May 21, 2009, ......do.............. Do.
St. Joseph County. Emerg; June 4,
2010, Reg; June
4, 2010, Susp.
Minnesota:
Arden Hills, City of, 270375 January 21, 1975, ......do.............. Do.
Ramsey County. Emerg; July 2,
1981, Reg; June
4, 2010, Susp.
Little Canada, City of, 270377 May 24, 1977, ......do.............. Do.
Ramsey County. Emerg; November
3, 1982, Reg;
June 4, 2010,
Susp.
Maplewood, City of, Ramsey 270378 April 23, 1974, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; June
4, 2010, Susp.
Mounds View, City of, 270379 July 23, 1975, ......do.............. Do.
Ramsey County. Emerg; March 2,
1983, Reg; June
4, 2010, Susp.
New Brighton, City of, 270380 April 5, 1974, ......do.............. Do.
Ramsey County. Emerg; September
1, 1978, Reg;
June 4, 2010,
Susp.
North St. Paul, City of, 270382 May 9, 1974, ......do.............. Do.
Ramsey County. Emerg; September
15, 1978, Reg;
June 4, 2010,
Susp.
Roseville, City of, Ramsey 270599 February 9, 1976, ......do.............. Do.
County. Emerg; March 30,
1981, Reg; June
4, 2010, Susp.
Shoreview, City of, Ramsey 270384 May 2, 1975, ......do.............. Do.
County. Emerg; April 1,
1981, Reg; June
4, 2010, Susp.
St. Paul, City of, Ramsey 275248 April 2, 1971, ......do.............. Do.
County. Emerg; February
9, 1973, Reg;
June 4, 2010,
Susp.
Vadnais Heights, City of, 270385 July 3, 1974, ......do.............. Do.
Ramsey County. Emerg; June 30,
1976, Reg; June
4, 2010, Susp.
White Bear, Township of, 270688 March 9, 1977, ......do.............. Do.
Ramsey County. Emerg; September
18, 1985, Reg;
June 4, 2010,
Susp.
White Bear Lake, City of, 270386 April 28, 1975, ......do.............. Do.
Ramsey and Washington Emerg; September
Counties. 4, 1987, Reg;
June 4, 2010,
Susp.
Ohio:
Carroll County, 390763 May 11, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 1990, Reg;
June 4, 2010,
Susp.
Delroy, Village of, Carroll 390049 March 11, 1977, ......do.............. Do.
County. Emerg; August
19, 1987, Reg;
June 4, 2010,
Susp.
Magnolia, Village of, 390051 February 2, 1976, ......do.............. Do.
Carroll and Stark Counties. Emerg; September
1, 1986, Reg;
June 4, 2010,
Susp.
Malvern, Village of, 390052 May 14, 1975, ......do.............. Do.
Carroll County. Emerg; July 3,
1995, Reg; June
4, 2010, Susp.
Region VI
New Mexico:
Artesia, City of, Eddy 350016 April 4, 1975, ......do.............. Do.
County. Emerg; February
4, 1981, Reg;
June 4, 2010,
Susp.
Carlsbad, City of, Eddy 350017 July 21, 1972, ......do.............. Do.
County. Emerg; March 15,
1978, Reg; June
4, 2010, Susp.
Eddy County, Unincorporated 350120 October 22, 1975, Do................... Do.
Areas. Emerg; April 22,
2004, Reg; June
4, 2010, Susp.
Texas:
Amarillo, City of, Potter 480529 March 30, 1973, ......do.............. Do.
and Randall Counties. Emerg; July 19,
1982, Reg; June
4, 2010, Susp.
Canyon, City of, Randall 480533 August 29, 1974, ......do.............. Do.
County. Emerg; September
20, 1982, Reg;
June 4, 2010,
Susp.
Lake Tanglewood, Village 481259 July 21, 1975, ......do.............. Do.
of, Randall County. Emerg; September
30, 1982, Reg;
June 4, 2010,
Susp.
Palisades, Village of, 481666 N/A, Emerg; June ......do.............. Do.
Randall County. 12, 1995, Reg;
June 4, 2010,
Susp.
Timbercreek Canyon, Village 485518 January 26, 1984, ......do.............. Do.
of, Randall County. Emerg; January
26, 1984, Reg;
June 4, 2010,
Susp.
Potter County, 481241 February 25, ......do.............. Do.
Unincorporated Areas. 2004, Emerg;
June 4, 2010,
Reg; June 4,
2010, Susp.
Randall County, 480532 June 13, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1982, Reg;
June 4, 2010,
Susp.
[[Page 28497]]
Region X
Alaska: Hoonah, City of, 020049 June 14, 1976, ......do.............. Do.
Skagway-Hoonah-Angoon Census Emerg; April 2,
Area. 1979, Reg; June
4, 2010, Susp.
----------------------------------------------------------------------------------------------------------------
*do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 11, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-12203 Filed 5-20-10; 8:45 am]
BILLING CODE 9110-12-P