[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Rules and Regulations]
[Pages 35666-35670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15228]
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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-8135]
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
[[Page 35667]]
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
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Region I
Massachusetts:
Aquinnah, Town of, Dukes 250070 September 7, July 6, 2010.......... July 6, 2010.
County. 1976, Emerg;
October 15,
1985, Reg; July
6, 2010, Susp.
Edgartown, Town of, Dukes 250069 July 7, 1975, ......do*............. Do.
County. Emerg; July 2,
1980, Reg; July
6, 2010, Susp.
Gosnold, Town of, Dukes 250071 September 29, ......do.............. Do.
County. 1977, Emerg;
June 4, 1980,
Reg; July 6,
2010, Susp.
Oak Bluffs, Town of, Dukes 250072 February 6, 1974, ......do.............. Do.
County. Emerg; July 2,
1980, Reg; July
6, 2010, Susp.
Tisbury, Town of, Dukes 250073 June 20, 1975, ......do.............. Do.
County. Emerg; June 15,
1984, Reg; July
6, 2010, Susp.
West Tisbury, Town of, 250074 March 29, 1978, ......do.............. Do.
Dukes County. Emerg; October
15, 1985, Reg;
July 6, 2010,
Susp.
Region II
New Jersey:
Carteret, Borough of, 340257 April 4, 1973, ......do.............. Do.
Middlesex County. Emerg; November
15, 1978, Reg;
July 6, 2010,
Susp.
Cranbury, Township of, 340258 June 12, 1975, ......do.............. Do.
Middlesex County. Emerg; May 17,
1982, Reg; July
6, 2010, Susp.
Dunellen, Borough of, 340259 December 22, ......do.............. Do.
Middlesex County. 1972, Emerg;
April 1, 1977,
Reg; July 6,
2010, Susp.
East Brunswick, Township 340260 September 15, ......do.............. Do.
of, Middlesex County. 1972, Emerg;
January 6, 1982,
Reg; July 6,
2010, Susp.
Edison, Township of, 340261 October 6, 1972, ......do.............. Do.
Middlesex County. Emerg; August
16, 1982, Reg;
July 6, 2010,
Susp.
Helmetta, Borough of, 340262 February 18, ......do.............. Do.
Middlesex County. 1975, Emerg;
October 16,
1984, Reg; July
6, 2010, Susp.
Highland Park, Borough of, 340263 April 7, 1972, ......do.............. Do.
Middlesex County. Emerg; June 1,
1977, Reg; July
6, 2010, Susp.
Jamesburg, Borough of, 340264 October 28, 1975, ......do.............. Do.
Middlesex County. Emerg; May 15,
1984, Reg; July
6, 2010, Susp.
Metuchen, Borough of, 340266 January 14, 1972, ......do.............. Do.
Middlesex County. Emerg; December
4, 1979, Reg;
July 6, 2010,
Susp.
Middlesex, Borough of, 345305 September 25, ......do.............. Do.
Middlesex County. 1970, Emerg;
July 9, 1971,
Reg; July 6,
2010, Susp.
Milltown, Borough of, 340268 February 1, 1974, ......do.............. Do.
Middlesex County. Emerg; February
4, 1981, Reg;
July 6, 2010,
Susp.
Monroe, Township of, 340269 February 25, ......do.............. Do.
Middlesex County. 1973, Emerg;
April 17, 1985,
Reg; July 6,
2010, Susp.
New Brunswick, City of, 340270 September 15, ......do.............. Do.
Middlesex County. 1972, Emerg;
December 4,
1979, Reg; July
6, 2010, Susp.
North Brunswick, Township 340271 May 13, 1974, ......do.............. Do.
of, Middlesex County. Emerg; May 1,
1980, Reg; July
6, 2010, Susp.
Old Bridge, Township of, 340265 August 13, 1971, ......do.............. Do.
Middlesex County. Emerg; November
15, 1985, Reg;
July 6, 2010,
Susp.
Perth Amboy, City of, 340272 June 25, 1975, ......do.............. Do.
Middlesex County. Emerg; December
18, 1979, Reg;
July 6, 2010,
Susp.
[[Page 35668]]
Piscataway, Township of, 340274 December 27, ......do.............. Do.
Middlesex County. 1974, Emerg;
January 18,
1984, Reg; July
6, 2010, Susp.
Plainsboro, Township of, 340275 April 14, 1975, ......do.............. Do.
Middlesex County. Emerg; June 19,
1985, Reg; July
6, 2010, Susp.
Sayreville, Borough of, 340276 January 21, 1974, ......do.............. Do.
Middlesex County. Emerg; March 16,
1981, Reg; July
6, 2010, Susp.
South Amboy, City of, 340277 September 27, ......do.............. Do.
Middlesex County. 1974, Emerg;
December 4,
1979, Reg; July
6, 2010, Susp.
South Brunswick, Township 340278 June 19, 1974, ......do.............. Do.
of, Middlesex County. Emerg; December
18, 1985, Reg;
July 6, 2010,
Susp.
South Plainfield, Borough 340279 September 4, ......do.............. Do.
of, Middlesex County. 1973, Emerg;
August 1, 1980,
Reg; July 6,
2010, Susp.
South River, Borough of, 340280 June 18, 1974, ......do.............. Do.
Middlesex County. Emerg; June 4,
1980, Reg; July
6, 2010, Susp.
Spotswood, Borough of, 340282 October 31, 1973, ......do.............. Do.
Middlesex County. Emerg; December
18, 1979, Reg;
July 6, 2010,
Susp.
Woodbridge, Township of, 345331 September 25, ......do.............. Do.
Middlesex County. 1970, Emerg;
June 2, 1972,
Reg; July 6,
2010, Susp.
Region III
West Virginia:
Davis, Town of, Tucker 540260 April 18, 1975, ......do.............. Do.
County. Emerg; July 20,
1984, Reg; July
6, 2010, Susp.
Hambleton, Town of, Tucker 540192 July 2, 1975, ......do.............. Do.
County. Emerg; July 20,
1984, Reg; July
6, 2010, Susp.
Hendricks, Town of, Tucker 540193 August 7, 1975, ......do.............. Do.
County. Emerg; August 1,
1987, Reg; July
6, 2010, Susp.
Parsons, City of, Tucker 540194 April 17, 1975, ......do.............. Do.
County. Emerg; August
15, 1979, Reg;
July 6, 2010,
Susp.
Thomas, City of, Tucker 540261 October 16, 1975, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
July 6, 2010,
Susp.
Tucker County, 540191 December 23, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
July 1, 1987,
Reg; July 6,
2010, Susp.
Region IV
Georgia:
Elberton, City of, Elbert 130077 April 22, 1975, ......do.............. Do.
County. Emerg; April 15,
1986, Reg; July
6, 2010, Susp.
Lincoln County, 130665 July 15, 2008, ......do.............. Do.
Unincorporated Areas. Emerg; July 6,
2010, Reg; July
6, 2010, Susp.
Mississippi:
Tylertown, Town of, 280175 February 27, ......do.............. Do.
Walthall County. 1975, Emerg;
September 30,
1988, Reg; July
6, 2010, Susp.
Walthall County, 280307 May 20, 1980, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1986, Reg; July
6, 2010, Susp.
Region V
Ohio:
Green Camp, Village of, 390374 August 1, 1975, ......do.............. Do.
Marion County. Emerg; February
4, 1987, Reg;
July 6, 2010,
Susp.
La Rue, Village of, Marion 390375 March 21, 1975, ......do.............. Do.
County. Emerg; February
4, 1987, Reg;
July 6, 2010,
Susp.
Marion County, 390774 February 28, ......do.............. Do.
Unincorporated Areas. 1977, Emerg;
February 4,
1987, Reg; July
6, 2010, Susp.
Frazeysburg, Village of, 390426 N/A, Emerg; ......do.............. Do.
Muskingum County. February 9,
2005, Reg; July
6, 2010, Susp.
Muskingum County, 390425 April 28, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; June 3,
1988, Reg; July
6, 2010, Susp.
Philo, Village of, 390851 N/A, Emerg; ......do.............. Do.
Muskingum County. December 29,
2005, Reg; July
6, 2010, Susp.
Wisconsin: Clark County, 550048 June 25, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; August
15, 1990, Reg;
July 6, 2010,
Susp.
Colby, City of, Clark and 550049 November 29, ......do.............. Do.
Marathon Counties. 1974, Emerg;
September 18,
1985, Reg; July
6, 2010, Susp.
Greenwood, City of, Clark 550051 November 11, ......do.............. Do.
County. 1974, Emerg;
September 4,
1985, Reg; July
6, 2010, Susp.
Loyal, City of, Clark 550052 August 22, 1974, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
July 6, 2010,
Susp.
Neillsville, City of, Clark 550053 January 30, 1974, ......do.............. Do.
County. Emerg; July 17,
1978, Reg; July
6, 2010, Susp.
[[Page 35669]]
Owen, City of, Clark County 550054 November 20, ......do.............. Do.
1974, Emerg;
July 6, 2010,
Reg; July 6,
2010, Susp.
Thorp, City of, Clark 550055 May 9, 1975, ......do.............. Do.
County. Emerg; August
15, 1984, Reg;
July 6, 2010,
Susp.
Region VI
Arkansas:
Crittenden County, 050429 May 18, 1983, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1985, Reg;
July 6, 2010,
Susp.
Earle, City of, Crittenden 050054 June 20, 1974, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
July 6, 2010,
Susp.
Edmondson, Town of, 050409 November 8, 1976, ......do.............. Do.
Crittenden County. Emerg; March 18,
1986, Reg; July
6, 2010, Susp.
Horseshoe Lake, Town of, 055057 N/A, Emerg; ......do.............. Do.
Crittenden County. January 18,
2006, Reg; July
6, 2010, Susp.
Marion, City of, Crittenden 050345 July 9, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
July 6, 2010,
Susp.
Turrell, City of, 050370 July 9, 1976, ......do.............. Do.
Crittenden County. Emerg; February
1, 1988, Reg;
July 6, 2010,
Susp.
West Memphis, City of, 050055 June 6, 1974, ......do.............. Do.
Crittenden County. Emerg; July 16,
1980, Reg; July
6, 2010, Susp.
Region VII
Kansas:
Manhattan, City of, 200300 January 30, 1974, ......do.............. Do.
Pottawatomie and Riley Emerg; April 1,
Counties. 1982, Reg; July
6, 2010, Susp.
Riley County, 200298 June 23, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1982, Reg; July
6, 2010, Susp.
Region VIII
Colorado:
Collbran, Town of, Mesa 080116 August 12, 1975, ......do.............. Do.
County. Emerg; April 15,
1982, Reg; July
6, 2010, Susp.
De Beque, Town of, Mesa 080307 January 25, 1985, ......do.............. Do.
County. Emerg; April 17,
1989, Reg; July
6, 2010, Susp.
Fruita, City of, Mesa 080194 June 5, 1975, ......do.............. Do.
County. Emerg; December
1, 1981, Reg;
July 6, 2010,
Susp.
Grand Junction, City of, 080117 October 13, 1978, ......do.............. Do.
Mesa County. Emerg; January
6, 1983, Reg;
July 6, 2010,
Susp.
Mesa County, Unincorporated 080115 July 26, 1973, ......do.............. Do.
Areas. Emerg; July 3,
1978, Reg; July
6, 2010, Susp.
Palisade, Town of, Mesa 080198 September 27, ......do.............. Do.
County. 1982, Emerg;
February 5,
1986, Reg; July
6, 2010, Susp.
North Dakota:
Dunseith, City of, Rolette 380103 June 2, 1975, ......do.............. Do.
County. Emerg; February
19, 1986, Reg;
July 6, 2010,
Susp.
St. John, City of, Rolette 380106 July 2, 1975, ......do.............. Do.
County. Emerg; October
1, 1986, Reg;
July 6, 2010,
Susp.
Turtle Mountain Band of 380714 March 29, 1999, ......do.............. Do.
Chippewa Indian Emerg; July 6,
Reservation, Rolette 2010, Reg; July
County. 6, 2010, Susp.
South Dakota:
Mission Hill, Town of, 460091 November 28, ......do.............. Do.
Yankton County. 1975, Emerg;
June 18, 1980,
Reg; July 6,
2010, Susp.
Yankton, City of, Yankton 460093 August 22, 1974, ......do.............. Do.
County. Emerg; August
15, 1980, Reg;
July 6, 2010,
Susp.
Yankton County, 460088 May 16, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; October
1, 1986, Reg;
July 6, 2010,
Susp.
Region X
Washington:
Cheney, City of, Spokane 530175 May 1, 1975, ......do.............. Do.
County. Emerg; November
6, 1979, Reg;
July 6, 2010,
Susp.
Deer Park, City of, Spokane 530176 July 3, 1975, ......do.............. Do.
County. Emerg; December
26, 1979, Reg;
July 6, 2010,
Susp.
Fairfield, Town of, Spokane 530177 November 17, ......do.............. Do.
County. 1975, Emerg;
October 16,
1979, Reg; July
6, 2010, Susp.
Medical Lake, City of, 530179 July 2, 1975, ......do.............. Do.
Spokane County. Emerg; November
8, 1984, Reg;
July 6, 2010,
Susp.
Millwood, City of, Spokane 530180 March 3, 1975, ......do.............. Do.
County. Emerg; June 15,
1979, Reg; July
6, 2010, Susp.
Rockford, Town of, Spokane 530181 March 15, 1976, ......do.............. Do.
County. Emerg; October
2, 1979, Reg;
July 6, 2010,
Susp.
[[Page 35670]]
Spokane, City of, Spokane 530183 October 25, 1973, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; July
6, 2010, Susp.
Spokane Valley, City of, 530342 N/A, Emerg; April ......do.............. Do.
Spokane County. 1, 2004, Reg;
July 6, 2010,
Susp.
Spokane County, 530174 May 30, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1988, Reg; July
6, 2010, Susp.
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*......do and Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular;
Susp.--Suspension.
Dated: June 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-15228 Filed 6-22-10; 8:45 am]
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