[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 52861-52865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21594]
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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-8145]
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
[[Page 52862]]
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 17, 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:
Barker, Village of, Niagara 360498 April 10, 1975, Sept. 17, 2010........ Sept. 17, 2010.
County. Emerg; May 1,
1984, Reg;
September 17,
2010, Susp.
Cambria, Town of, Niagara 360499 July 7, 1975, ......do.............. Do.
County. Emerg; September
30, 1983, Reg;
September 17,
2010, Susp.
Hartland, Town of, Niagara 360500 May 1, 1975, ......do.............. Do.
County. Emerg; October
7, 1983, Reg;
September 17,
2010, Susp.
Lewiston, Town of, Niagara 360502 March 27, 1974, ......do.............. Do.
County. Emerg; June 18,
1980, Reg;
September 17,
2010, Susp.
Lockport, City of, Niagara 360503 December 17, ......do.............. Do.
County. 1973, Emerg;
February 4,
1981, Reg;
September 17,
2010, Susp.
[[Page 52863]]
Lockport, Town of, Niagara 361013 December 17, ......do.............. Do.
County. 1973, Emerg;
September 2,
1981, Reg;
September 17,
2010, Susp.
Middleport, Village of, 360505 April 8, 1975, ......do.............. Do.
Niagara County. Emerg; August 1,
1983, Reg;
September 17,
2010, Susp.
North Tonawanda, City of, 360508 May 14, 1975, ......do.............. Do.
Niagara County. Emerg; January
6, 1982, Reg;
September 17,
2010, Susp.
Pendleton, Town of, Niagara 360509 April 12, 1974, ......do.............. Do.
County. Emerg; January
6, 1982, Reg;
September 17,
2010, Susp.
Porter, Town of, Niagara 360510 July 17, 1974, ......do.............. Do.
County. Emerg; August
15, 1983, Reg;
September 17,
2010, Susp.
Royalton, Town of, Niagara 360511 November 29, ......do.............. Do.
County. 1974, Emerg;
July 6, 1979,
Reg; September
17, 2010, Susp.
Wheatfield, Town of, 360513 July 5, 1973, ......do.............. Do.
Niagara County. Emerg; July 16,
1981, Reg;
September 17,
2010, Susp.
Youngstown, Village of, 360515 March 30, 1973, ......do.............. Do.
Niagara County. Emerg; June 4,
1980, Reg;
September 17,
2010, Susp.
Region III
Virginia:
Clifton, Town of, Fairfax 510186 December 5, 1973, ......do.............. Do.
County. Emerg; May 2,
1977, Reg;
September 17,
2010, Susp.
Fairfax County, 515525 June 19, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; January
7, 1972, Reg;
September 17,
2010, Susp.
Gloucester County, 510071 March 25, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; August 4,
1987, Reg;
September 17,
2010, Susp.
Herndon, Town of, Fairfax 510052 May 21, 1973, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
September 17,
2010, Susp.
Irvington, Town of, 510221 August 18, 1975, ......do.............. Do.
Lancaster County. Emerg; August 4,
1987, Reg;
September 17,
2010, Susp.
Lancaster County, 510084 November 27, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
March 4, 1988,
Reg; September
17, 2010, Susp.
Northumberland County, 510107 October 9, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; July 4,
1989, Reg;
September 17,
2010, Susp.
Vienna, Town of, Fairfax 510053 August 8, 1974, ......do.............. Do.
County. Emerg; February
3, 1982, Reg;
September 17,
2010, Susp.
White Stone, Town of, 510235 August 18, 1975, ......do.............. Do.
Lancaster County. Emerg; September
24, 1984, Reg;
September 17,
2010, Susp.
Region IV
Alabama:
Aliceville, City of, 010180 February 8, 1974, ......do.............. Do.
Pickens County. Emerg; July 17,
1978, Reg;
September 17,
2010, Susp.
Ethelsville, Town of, 010281 December 21, ......do.............. Do.
Pickens County. 1978, Emerg;
March 18, 1985,
Reg; September
17, 2010, Susp.
Gordo, Town of, Pickens 010220 August 6, 1974, ......do.............. Do.
County. Emerg; August
15, 1978, Reg;
September 17,
2010, Susp.
Pickens County, 010283 May 25, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; June 4,
1990, Reg;
September 17,
2010, Susp.
Pickensville, Town of, 010423 N/A, Emerg; June ......do.............. Do.
Pickens County. 6, 1996, Reg;
September 17,
2010, Susp.
Reform, Town of, Pickens 010221 July 31, 1974, ......do.............. Do.
County. Emerg; July 3,
1978, Reg;
September 17,
2010, Susp.
Georgia:
Comer, City of, Madison 130211 May 12, 1975, ......do.............. Do.
County. Emerg; June 1,
1978, Reg;
September 17,
2010, Susp.
Morganton, City of, Fannin 130449 November 17, ......do.............. Do.
County. 1976, Emerg;
April 2, 1986,
Reg; September
17, 2010, Susp.
Mountain City, Town of, 130252 January 30, 1980, ......do.............. Do.
Rabun County. Emerg; July 9,
1982, Reg;
September 17,
2010, Susp.
Randolph County, 130553 May 16, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; September
17, 2010, Reg;
September 17,
2010, Susp.
Kentucky:
Hustonville, City of, 210144 August 26, 1975, ......do.............. Do.
Lincoln County. Emerg; September
27, 1985, Reg;
September 17,
2010, Susp.
Stanford, City of, Lincoln 210145 February 26, ......do.............. Do.
County. 1975, Emerg;
September 27,
1985, Reg;
September 17,
2010, Susp.
Mississippi:
Alcorn County, 280267 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. February 27,
1992, Reg;
September 17,
2010, Susp.
Coffeeville, Town of, 280186 April 8, 1975, ......do.............. Do.
Yalobusha County. Emerg; September
4, 1986, Reg;
September 17,
2010, Susp.
[[Page 52864]]
Corinth, City of, Alcorn 280002 July 26, 1974, ......do.............. Do.
County. Emerg; March 16,
1981, Reg;
September 17,
2010, Susp.
Duck Hill, Town of, 280118 June 23, 1975, ......do.............. Do.
Montgomery County. Emerg; April 2,
1986, Reg;
September 17,
2010, Susp.
Louisville, City of, 280185 February 11, ......do.............. Do.
Winston County. 1974, Emerg;
June 15, 1978,
Reg; September
17, 2010, Susp.
Montgomery County, 280212 April 11, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
September 17,
2010, Susp.
Rienzi, Town of, Alcorn 280322 October 30, 2006, ......do.............. Do.
County. Emerg; September
17, 2010, Reg;
September 17,
2010, Susp.
Water Valley, City of, 280187 December 5, 1974, ......do.............. Do.
Yalobusha County. Emerg; September
27, 1985, Reg;
September 17,
2010, Susp.
Winona, City of, Montgomery 280119 February 18, ......do.............. Do.
County. 1975, Emerg;
July 2, 1987,
Reg; September
17, 2010, Susp.
Winston County, 280308 December 21, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
August 19, 1985,
Reg; September
17, 2010, Susp.
Tennessee:
Ashland City, Town of, 470027 March 10, 1975, ......do.............. Do.
Cheatham County. Emerg; April 1,
1981, Reg;
September 17,
2010, Susp.
Cheatham County, 470026 September 27, ......do.............. Do.
Unincorporated Areas. 1974, Emerg; May
19, 1981, Reg;
September 17,
2010, Susp.
Decatur, Town of, Meigs 470134 March 27, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg;
September 17,
2010, Susp.
Kingston Springs, Town of, 470289 June 11, 1984, ......do.............. Do.
Cheatham County. Emerg; June 11,
1984, Reg;
September 17,
2010, Susp.
Pegram, Town of, Cheatham 470291 April 9, 1987, ......do.............. Do.
County. Emerg; April 9,
1987, Reg;
September 17,
2010, Susp.
Region V
Illinois:
Bonnie, Village of, 170306 September 10, ......do.............. Do.
Jefferson County. 1975, Emerg;
August 19, 1985,
Reg; September
17, 2010, Susp.
East Dubuque, City of, Jo 170752 June 25, 1975, ......do.............. Do.
Daviess County. Emerg; October
18, 1983, Reg;
September 17,
2010, Susp.
Galena, City of, Jo Daviess 175168 August 27, 1971, ......do.............. Do.
County. Emerg; July 20,
1973, Reg;
September 17,
2010, Susp.
Hanover, Village of, Jo 170755 July 21, 1975, ......do.............. Do.
Daviess County. Emerg; May 4,
1989, Reg;
September 17,
2010, Susp.
Ina, Village of, Jefferson 170307 March 2, 1976, ......do.............. Do.
County. Emerg; May 25,
1984, Reg;
September 17,
2010, Susp.
Jefferson County, 170305 October 31, 2000, ......do.............. Do.
Unincorporated Areas. Emerg; September
17, 2010, Reg;
September 17,
2010, Susp.
Jo Daviess County, 170902 April 19, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; January
18, 1984, Reg;
September 17,
2010, Susp.
Mount Vernon, City of, 170308 September 30, ......do.............. Do.
Jefferson County. 1974, Emerg;
February 15,
1984, Reg;
September 17,
2010, Susp.
Peoria Heights, Village of, 170537 October 13, 1972, ......do.............. Do.
Peoria, Tazewell, and Emerg; November
Woodford Counties. 1, 1979, Reg;
September 17,
2010, Susp.
Roanoke, Village of, 170727 June 17, 1975, ......do.............. Do.
Woodford County. Emerg; September
4, 1987, Reg;
September 17,
2010, Susp.
Spring Bay, Village of, 170887 August 26, 1977, ......do.............. Do.
Woodford County. Emerg; June 4,
1980, Reg;
September 17,
2010, Susp.
Washburn, Village of, 170728 January 27, 1975, ......do.............. Do.
Marshall and Woodford Emerg; July 2,
Counties. 1987, Reg;
September 17,
2010, Susp.
Woodford County, 170730 September 7, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
February 1,
1984, Reg;
September 17,
2010, Susp.
Michigan:
Bangor, Township of, Bay 260019 March 30, 1973, ......do.............. Do.
County. Emerg; July 2,
1979, Reg;
September 17,
2010, Susp.
Bay City, City of, Bay 260020 March 30, 1973, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Essexville, City of, Bay 260021 March 30, 1973, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Fraser, Township of, Bay 260657 November 13, ......do.............. Do.
County. 1981, Emerg;
November 13,
1981, Reg;
September 17,
2010, Susp.
Hampton, Township of, Bay 260023 March 30, 1973, ......do.............. Do.
County. Emerg; August 1,
1978, Reg;
September 17,
2010, Susp.
Kawkawlin, Township of, Bay 260658 January 29, 1979, ......do.............. Do.
County. Emerg; February
1, 1979, Reg;
September 17,
2010, Susp.
Monitor, Township of, Bay 260358 July 21, 1982, ......do.............. Do.
County. Emerg; August
19, 1985, Reg;
September 17,
2010, Susp.
[[Page 52865]]
Pinconning, City of, Bay 260607 March 17, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg;
September 17,
2010, Susp.
Pinconning, Township of, 260025 March 30, 1973, ......do.............. Do.
Bay County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Region VII
Missouri:
Bolivar, City of, Polk 290299 July 24, 1975, ......do.............. Do.
County. Emerg; June 15,
1988, Reg;
September 17,
2010, Susp.
Marshfield, City of, 290685 June 13, 1975, ......do.............. Do.
Webster County. Emerg; September
10, 1984, Reg;
September 17,
2010, Susp.
Seymour, City of, Webster 290933 N/A, Emerg; ......do.............. Do.
County. February 11,
2005, Reg;
September 17,
2010, Susp.
Webster County, 290848 N/A, Emerg; April ......do.............. Do.
Unincorporated Areas. 14, 2003, Reg;
September 17,
2010, Susp.
Region X
Oregon:
Astoria, City of, Clatsop 410028 October 16, 1974, ......do.............. Do.
County. Emerg; August 1,
1978, Reg;
September 17,
2010, Susp.
Cannon Beach, City of, 410029 March 6, 1974, ......do.............. Do.
Clatsop County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Clatsop County, 410027 February 7, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 3,
1978, Reg;
September 17,
2010, Susp.
Gearhart, City of, Clatsop 410030 April 11, 1974, ......do.............. Do.
County. Emerg; May 15,
1978, Reg;
September 17,
2010, Susp.
Seaside, City of, Clatsop 410032 March 25, 1974, ......do.............. Do.
County. Emerg; September
5, 1979, Reg;
September 17,
2010, Susp.
Warrenton, City of, Clatsop 410033 July 16, 1975, ......do.............. Do.
County. Emerg; May 15,
1978, Reg;
September 17,
2010, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: August 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-21594 Filed 8-27-10; 8:45 am]
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