[Federal Register Volume 75, Number 16 (Tuesday, January 26, 2010)]
[Rules and Regulations]
[Pages 4000-4004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1414]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8113]
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
[[Page 4001]]
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:
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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
----------------------------------------------------------------------------------------------------------------
Region III
West Virginia:
Hinton, City of, Summers 540187 March 10, 1975, Feb. 3, 2010.......... Feb. 3, 2010.
County. Emerg; August 1,
1979, Reg;
February 3,
2010, Susp.
Summers County, 540186 March 19, 1975, ......*do............. Do.
Unincorporated Areas. Emerg; November
5, 1980, Reg;
February 3,
2010, Susp.
Region IV
Mississippi:
Baldwyn, City of, Lee 280134 December 2, 1974, ......do.............. Do.
County. Emerg; September
18, 1987, Reg;
February 3,
2010, Susp.
Guntown, Town of, Lee 280345 N/A, Emerg; ......do.............. Do.
County. August 28, 2007,
Reg; February 3,
2010, Susp.
[[Page 4002]]
Lauderdale County, 280224 May 28, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1989, Reg;
February 3,
2010, Susp.
Lee County, Unincorporated 280227 February 7, 1978, ......do.............. Do.
Areas. Emerg; March 5,
1990, Reg;
February 3,
2010, Susp.
Marion, Town of, Lauderdale 280095 June 26, 1975, ......do.............. Do.
County. Emerg; September
29, 1989, Reg;
February 3,
2010, Susp.
Meridian, City of, 280096 November 19, ......do.............. Do.
Lauderdale County. 1971, Emerg;
December 15,
1977, Reg;
February 3,
2010, Susp.
Plantersville, Village of, 280099 April 4, 1975, ......do.............. Do.
Lee County. Emerg; August 1,
1986, Reg;
February 3,
2010, Susp.
Saltillo, Town of, Lee 280261 April 24, 1975, ......do.............. Do.
County. Emerg; September
18, 1987, Reg;
February 3,
2010, Susp.
Shannon, Town of, Lee 280343 N/A, Emerg; ......do.............. Do.
County. February 26,
2009, Reg;
February 3,
2010, Susp.
Tupelo, City of, Lee County 280100 March 4, 1974, ......do.............. Do.
Emerg; April 3,
1978, Reg;
February 3,
2010, Susp.
Verona, Town of, Lee County 280262 May 6, 1975, ......do.............. Do.
Emerg; June 4,
1987, Reg;
February 3,
2010, Susp.
Tennessee: Sweetwater, City of, 470135 May 24, 1974, ......do.............. Do.
Monroe County Emerg; March 18,
1986, Reg;
February 3,
2010, Susp.
Region V
Minnesota:
Afton, City of, Washington 275226 March 19, 1971, ......do.............. Do.
County. Emerg; April 21,
1972, Reg;
February 3,
2010, Susp.
Bayport, City of, 275229 April 2, 1971, ......do.............. Do.
Washington County. Emerg; May 12,
1972, Reg;
February 3,
2010, Susp.
Birchwood Village, City of, 270720 July 9, 1979, ......do.............. Do.
Washington County. Emerg; June 8,
1984, Reg;
February 3,
2010, Susp.
Cottage Grove, City of, 270502 May 12, 1972, ......do.............. Do.
Washington County. Emerg; April 30,
1976, Reg;
February 3,
2010, Susp.
Dellwood, City of, 270694 January 16, 1978, ......do.............. Do.
Washington County. Emerg; December
26, 1978, Reg;
February 3,
2010, Susp.
Grant, City of, Washington 270780 N/A, Emerg; July ......do.............. Do.
County. 3, 2003, Reg;
February 3,
2010, Susp.
Hastings, City of, 270105 March 9, 1973, ......do.............. Do.
Washington County. Emerg; July 16,
1980, Reg;
February 3,
2010, Susp.
Hugo, City of, Washington 270504 June 20, 1974, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
February 3,
2010, Susp.
Lake Elmo, City of, 270505 August 18, 1972, ......do.............. Do.
Washington County. Emerg; July 2,
1979, Reg;
February 3,
2010, Susp.
Lake Saint Croix Beach, 275240 March 19, 1971, ......do.............. Do.
City of, Washington County. Emerg; February
19, 1972, Reg;
February 3,
2010, Susp.
Lakeland Shores, City of, 275239 April 9, 1971, ......do.............. Do.
Washington County. Emerg; April 28,
1972, Reg;
February 3,
2010, Susp.
Lakeland, City of, 275238 April 9, 1971, ......do.............. Do.
Washington County. Emerg; February
9, 1972, Reg;
February 3,
2010, Susp.
Mahtomedi, City of, 270698 April 30, 1979, ......do.............. Do.
Washington County. Emerg; June 22,
1984, Reg;
February 3,
2010, Susp.
Marine on Saint Croix, City 270509 September 12, ......do.............. Do.
of, Washington County. 1975, Emerg;
September 27,
1985, Reg;
February 3,
2010, Susp.
Newport, City of, 270510 February 15, ......do.............. Do.
Washington County. 1974, Emerg;
July 2, 1980,
Reg; February 3,
2010, Susp.
Oakdale, City of, 270511 April 18, 1975, ......do.............. Do.
Washington County. Emerg; December
26, 1978, Reg;
February 3,
2010, Susp.
Scandia, City of, 270582 N/A, Emerg; ......do.............. Do.
Washington County. August 12, 2008,
Reg; February 3,
2010, Susp.
Saint Mary's Point, City 275247 March 19, 1971, ......do.............. Do.
of, Washington County. Emerg; February
25, 1972, Reg;
February 3,
2010, Susp.
Saint Paul Park, City of, 270514 September 11, ......do.............. Do.
Washington County. 1974, Emerg;
June 18, 1980,
Reg; February 3,
2010, Susp.
Stillwater, City of, 275249 November 5, 1971, ......do.............. Do.
Washington County. Emerg; March 16,
1973, Reg;
February 3,
2010, Susp.
Washington County, 270499 April 30, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1982, Reg;
February 3,
2010, Susp.
Woodbury, City of, 270699 May 8, 2001, ......do.............. Do.
Washington County. Emerg; N/A, Reg;
February 3,
2010, Susp.
Ohio:
Eastlake, City of, Lake 390313 February 4, 1972, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
February 3,
2010, Susp.
[[Page 4003]]
Fairport Harbor, Village 390314 N/A, Emerg; ......do.............. Do.
of, Lake County. September 13,
2006, Reg;
February 3,
2010, Susp.
Grand River, Village of, 390315 September 25, ......do.............. Do.
Lake County. 1975, Emerg;
July 16, 1979,
Reg; February 3,
2010, Susp.
Kirtland Hills, Village of, 390810 March 17, 1977, ......do.............. Do.
Lake County. Emerg; October
5, 1984, Reg;
February 3,
2010, Susp.
Kirtland, City of, Lake 390616 October 27, 1976, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
February 3,
2010, Susp.
Lake County, Unincorporated 390771 October 22, 1975, ......do.............. Do.
Areas. Emerg; January
2, 1981, Reg;
February 3,
2010, Susp.
Lakeline, Village of, Lake 390888 May 27, 1988, ......do.............. Do.
County. Emerg; August 4,
1988, Reg;
February 3,
2010, Susp.
Madison, Village of, Lake 390316 August 26, 1975, ......do.............. Do.
County. Emerg; December
4, 1979, Reg;
February 3,
2010, Susp.
Mentor, City of, Lake 390317 December 29, ......do.............. Do.
County. 1972, Emerg;
December 1,
1977, Reg;
February 3,
2010, Susp.
North Perry, Village of, 390742 March 19, 1976, ......do.............. Do.
Lake County. Emerg; July 16,
1979, Reg;
February 3,
2010, Susp.
Painesville, City of, Lake 390319 December 30, ......do.............. Do.
County. 1971, Emerg;
February 2,
1977, Reg;
February 3,
2010, Susp.
Perry, Village of, Lake 390320 June 11, 1975, ......do.............. Do.
County. Emerg; December
15, 1978, Reg;
February 3,
2010, Susp.
Timberlake, Village of, 390890 May 27, 1988, ......do.............. Do.
Lake County. Emerg; August 4,
1988, Reg;
February 3,
2010, Susp.
Waite Hill, Village of, 390649 December 21, ......do.............. Do.
Lake County. 1978, Emerg;
August 1, 1979,
Reg; February 3,
2010, Susp.
Wickliffe, City of, Lake 390321 August 9, 1976, ......do.............. Do.
County. Emerg; January
2, 1980, Reg;
February 3,
2010, Susp.
Willoughby, City of, Lake 390322 June 12, 1975, ......do.............. Do.
County. Emerg; January
16, 1981, Reg;
February 3,
2010, Susp.
Willowick, City of, Lake 390324 February 18, ......do.............. Do.
County. 1976, Emerg;
December 4,
1979, Reg;
February 3,
2010, Susp.
Wisconsin:
Berlin, City of, Green Lake 550166 September 26, ......do.............. Do.
County. 1973, Emerg;
September 30,
1977, Reg;
February 3,
2010, Susp.
Green Lake, City of, Green 550167 May 16, 1975, ......do.............. Do.
Lake County. Emerg; September
27, 1985, Reg;
February 3,
2010, Susp.
Ladysmith, City of, Rusk 550375 February 14, ......do.............. Do.
County. 1974, Emerg;
September 1,
1978, Reg;
February 3,
2010, Susp.
Markesan, City of, Green 550169 June 9, 1975, ......do.............. Do.
Lake County. Emerg; July 2,
2003, Reg;
February 3,
2010, Susp.
Princeton, City of, Green 550171 June 26, 1975, ......do.............. Do.
Lake County. Emerg; June 15,
1988, Reg;
February 3,
2010, Susp.
Green Lake County, 550165 March 10, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1978, Reg;
February 3,
2010, Susp.
Rusk County, Unincorporated 550602 May 31, 1988, ......do.............. Do.
Areas. Emerg; May 31,
1988, Reg;
February 3,
2010, Susp.
Bruce, Village of, Rusk 550370 November 26, ......do.............. Do.
County. 1974, Emerg;
September 1,
1986, Reg;
February 3,
2010, Susp.
Hawkins, Village of, Rusk 550373 August 30, 1974, ......do.............. Do.
County. Emerg; July 15,
1988, Reg;
February 3,
2010, Susp.
Ingram, Village of, Rusk 550374 July 11, 1979, ......do.............. Do.
County. Emerg; January
2, 1987, Reg;
February 3,
2010, Susp.
Kingston, Village of, Green 550168 April 10, 1975, ......do.............. Do.
Lake County. Emerg; September
1, 1986, Reg;
February 3,
2010, Susp.
Marquette, Village of, 550170 April 28, 2008, ......do.............. Do.
Green Lake County. Emerg; N/A, Reg;
February 3,
2010, Susp.
Sheldon, Village of, Rusk 550376 July 18, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
February 3,
2010, Susp.
Tony, Village of, Rusk 550377 July 22, 1975, ......do.............. Do.
County. Emerg; September
16, 1988, Reg;
February 3,
2010, Susp.
Region VI
Texas:
Burkburnett, City of, 480658 February 7, 1975, ......do.............. Do.
Wichita County. Emerg; December
15, 1982, Reg;
February 3,
2010, Susp.
Iowa Park, City of, Wichita 480660 July 9, 1975, ......do.............. Do.
County. Emerg; December
15, 1982, Reg;
February 3,
2010, Susp.
Lakeside City, City of, 481496 October 23, 1990, ......do.............. Do.
Archer and Wichita Emerg; April 1,
Counties. 1991, Reg;
February 3,
2010, Susp.
[[Page 4004]]
Palestine, City of, 480004 August 19, 1975, ......do.............. Do.
Anderson County. Emerg; February
18, 1981, Reg;
February 3,
2010, Susp.
Anderson County, 480001 January 24, 1992, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1992, Reg;
February 3,
2010, Susp.
Region VII
Kansas:
Burlingame, City of, Osage 200249 April 14, 2003, ......do.............. Do.
County. Emerg; N/A, Reg;
February 3,
2010, Susp.
Carbondale, City of, Osage 200250 August 7, 1975, ......do.............. Do.
County. Emerg; March 4,
1988, Reg;
February 3,
2010, Susp.
Lyndon, City of, Osage 200251 July 15, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg;
February 3,
2010, Susp.
Osage County, 200601 February 11, ......do.............. Do.
Unincorporated Areas. 2005, Emerg; N/
A, Reg; February
3, 2010, Susp.
Overbrook, City of, Osage 200546 N/A, Emerg; ......do.............. Do.
County. January 10,
2008, Reg;
February 3,
2010, Susp.
Quenemo, City of, Osage 200253 July 6, 1976, ......do.............. Do.
County. Emerg; September
1, 1990, Reg;
February 3,
2010, Susp.
Region X
Alaska:
Togiak, City of, Dillingham 020090 January 17, 1997, ......do.............. Do.
Census Area. Emerg; May 21,
2009, Reg;
February 3,
2010, Susp.
Lake and Peninsula Borough, 025063 March 4, 2004, ......do.............. Do.
Lake and Peninsula Borough. Emerg; N/A, Reg;
February 3,
2010, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 15, 2010.
Sandra K. Knight,
Deputy Assistant Administrator for Mitigation Department of Homeland
Security Federal Emergency Management Agency.
[FR Doc. 2010-1414 Filed 1-25-10; 8:45 am]
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