[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Rules and Regulations]
[Pages 71363-71367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29418]
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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-8157]
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.
[[Page 71364]]
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
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Region I
Rhode Island:
Coventry, Town of, Kent 440004 November 21, Dec. 3, 2010.......... Dec. 3, 2010.
County. 1973, Emerg;
September 1,
1978, Reg;
December 3,
2010, Susp..
East Greenwich, Town of, 445397 July 16, 1971, ......do*............. do.
Kent County. Emerg; February
9, 1973, Reg;
December 3,
2010, Susp..
Warwick, City of, Kent 445409 June 19, 1970, ......do.............. do.
County. Emerg; April 6,
1973, Reg;
December 3,
2010, Susp..
West Greenwich, Town of, 440037 October 10, 1975, ......do.............. do.
Kent County. Emerg; January
3, 1986, Reg;
December 3,
2010, Susp..
West Warwick, Town of, Kent 440007 September 1, ......do.............. do.
County. 1972, Emerg;
February 1,
1978, Reg;
December 3,
2010, Susp..
Region IV
Tennessee: Woodbury, Town of, 470021 May 23, 1973, ......do.............. do.
Cannon County. Emerg; September
1, 1977, Reg;
December 3,
2010, Susp..
Region V
Indiana:
[[Page 71365]]
Bedford, City of, Lawrence 180148 April 17, 1975, ......do.............. do.
County. Emerg; September
4, 1987, Reg;
December 3,
2010, Susp..
Lawrence County, 180441 June 24, 1993, ......do.............. do.
Unincorporated Areas. Emerg; June 1,
1994, Reg;
December 3,
2010, Susp..
Michigan:
Clare, City of, Clare and 260629 August 26, 1975, ......do.............. do.
Isabella Counties. Emerg; February
5, 1992, Reg;
December 3,
2010, Susp..
Redding, Township of, Clare 260382 June 28, 1979, ......do.............. do.
County. Emerg; June 17,
1986, Reg;
December 3,
2010, Susp..
Surrey, Township of, Clare 261337 November 24, ......do.............. do.
County. 2009, Emerg;
December 3,
2010, Reg;
December 3,
2010, Susp..
Ohio: Adams County, 390001 March 14, 1978, ......do.............. do.
Unincorporated Areas. Emerg; February
3, 2003, Reg;
December 3,
2010, Susp..
Manchester, Village of, 390002 October 25, 1974, ......do.............. do.
Adams County. Emerg; August 1,
1978, Reg;
December 3,
2010, Susp..
Rome, Village of, Adams 390003 February 16, ......do.............. do.
County. 1977, Emerg;
October 18,
1983, Reg;
December 3,
2010, Susp..
Bay Village, City of, 390093 June 14, 1974, ......do.............. do.
Cuyahoga County. Emerg; December
1, 1977, Reg;
December 3,
2010, Susp..
Beachwood, City of, 390094 November 26, ......do.............. do.
Cuyahoga County. 1975, Emerg;
April 20, 1979,
Reg; December 3,
2010, Susp..
Bedford Heights, City of, 390096 June 11, 1975, ......do.............. do.
Cuyahoga County. Emerg; September
17, 1980, Reg;
December 3,
2010, Susp..
Bedford, City of, Cuyahoga 390095 July 11, 1975, ......do.............. do.
County. Emerg; January
2, 1981, Reg;
December 3,
2010, Susp..
Bentleyville, Village of, 390682 March 24, 1976, ......do.............. do.
Cuyahoga County. Emerg; August 1,
1980, Reg;
December 3,
2010, Susp..
Berea, City of, Cuyahoga 390097 April 21, 1975, ......do.............. do.
County. Emerg; June 1,
1979, Reg;
December 3,
2010, Susp..
Bratenahl, Village of, 390734 June 9, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 15,
1981, Reg;
December 3,
2010, Susp..
Brecksville, City of, 390098 July 11, 1975, ......do.............. do.
Cuyahoga County. Emerg; January
16, 1981, Reg;
December 3,
2010, Susp..
Broadview Heights, City of, 390099 November 21, ......do.............. do.
Cuyahoga County. 1975, Emerg;
March 2, 1979,
Reg; December 3,
2010, Susp..
Brook Park, City of, 390102 April 21, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 1,
1979, Reg;
December 3,
2010, Susp..
Brooklyn Heights, Village 390101 May 16, 1975, ......do.............. do.
of, Cuyahoga County. Emerg; June 15,
1981, Reg;
December 3,
2010, Susp..
Brooklyn, City of, Cuyahoga 390100 July 3, 1975, ......do.............. do.
County. Emerg; June 1,
1979, Reg;
December 3,
2010, Susp..
Chagrin Falls, Village of, 390103 July 29, 1975, ......do.............. do.
Cuyahoga County. Emerg; July 2,
1980, Reg;
December 3,
2010, Susp..
Cleveland Heights, City of, 390105 April 11, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 25,
1976, Reg;
December 3,
2010, Susp..
Cleveland, City of, 390104 July 20, 1973, ......do.............. do.
Cuyahoga County. Emerg; August 1,
1978, Reg;
December 3,
2010, Susp..
Cuyahoga County, 390766 October 4, 1979, ......do.............. do.
Unincorporated Areas. Emerg; April 2,
1986, Reg;
December 3,
2010, Susp..
Cuyahoga Heights, Village 390654 June 18, 1976, ......do.............. do.
of, Cuyahoga County. Emerg; June 15,
1981, Reg;
December 3,
2010, Susp..
Euclid, City of, Cuyahoga 390107 July 3, 1975, ......do.............. do.
County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Fairview Park, City of, 390108 June 24, 1975, ......do.............. do.
Cuyahoga County. Emerg; February
4, 1983, Reg;
December 3,
2010, Susp..
Garfield Heights, City of, 390109 September 18, ......do.............. do.
Cuyahoga County. 1970, Emerg;
July 9, 1971,
Reg; December 3,
2010, Susp..
Gates Mills, Village of, 390593 June 4, 1973, ......do.............. do.
Cuyahoga County. Emerg; April 3,
1978, Reg;
December 3,
2010, Susp..
Glenwillow, Village of, 390735 March 14, 1978, ......do.............. do.
Cuyahoga County. Emerg; February
18, 1981, Reg;
December 3,
2010, Susp..
Highland Heights, City of, 390110 November 10, ......do.............. do.
Cuyahoga County. 1976, Emerg;
June 1, 1979,
Reg; December 3,
2010, Susp..
Independence, City of, 390111 July 22, 1975, ......do.............. do.
Cuyahoga County. Emerg; February
18, 1981, Reg;
December 3,
2010, Susp..
Lakewood, City of, Cuyahoga 390112 March 30, 1973, ......do.............. do.
County. Emerg; February
1, 1978, Reg;
December 3,
2010, Susp..
Lyndhurst, City of, 390113 May 1, 1975, ......do.............. do.
Cuyahoga County. Emerg; April 23,
1982, Reg;
December 3,
2010, Susp..
[[Page 71366]]
Maple Heights, City of, 390114 July 22, 1975, ......do.............. do.
Cuyahoga County. Emerg; September
17, 1980, Reg;
December 3,
2010, Susp..
Mayfield Heights, City of, 390115 May 3, 1976, ......do.............. do.
Cuyahoga County. Emerg; June 10,
1980, Reg;
December 3,
2010, Susp..
Middleburg Heights, City 390117 January 20, 1975, ......do.............. do.
of, Cuyahoga County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Moreland Hills, Village of, 390118 June 30, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 1,
1979, Reg;
December 3,
2010, Susp..
North Olmsted, City of, 390120 December 2, 1974, ......do.............. do.
Cuyahoga County. Emerg; September
5, 1979, Reg;
December 3,
2010, Susp..
Oakwood, Village of, 390122 July 3, 1975, ......do.............. do.
Cuyahoga County. Emerg; March 2,
1979, Reg;
December 3,
2010, Susp..
Olmsted Falls, City of, 390672 July 29, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 1,
1979, Reg;
December 3,
2010, Susp..
Orange, Village of, 390737 February 16, ......do.............. do.
Cuyahoga County. 1977, Emerg;
February 4,
1983, Reg;
December 3,
2010, Susp..
Parma Heights, City of, 390124 January 24, 1975, ......do.............. do.
Cuyahoga County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Parma, City of, Cuyahoga 390123 April 10, 1975, ......do.............. do.
County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Pepper Pike, City of, 390125 January 29, 1975, ......do.............. do.
Cuyahoga County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Richmond Heights, City of, 390126 November 13, ......do.............. do.
Cuyahoga County. 1975, Emerg;
January 4, 1985,
Reg; December 3,
2010, Susp..
Seven Hills, City of, 390128 July 30, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 1,
1979, Reg;
December 3,
2010, Susp..
Shaker Heights, City of, 390129 October 28, 1975, ......do.............. do.
Cuyahoga County. Emerg; June 15,
1981, Reg;
December 3,
2010, Susp..
Solon, City of, Cuyahoga 390130 July 28, 1975, ......do.............. do.
County. Emerg; February
4, 1981, Reg;
December 3,
2010, Susp..
South Euclid, City of, 390131 August 5, 1974, ......do.............. do.
Cuyahoga County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Strongsville, City of, 390132 December 13, ......do.............. do.
Cuyahoga County. 1974, Emerg;
January 3, 1979,
Reg; December 3,
2010, Susp..
Valley View, Village of, 390134 September 26, ......do.............. do.
Cuyahoga County. 1975, Emerg;
February 18,
1981, Reg;
December 3,
2010, Susp..
Walton Hills, Village of, 390636 December 29, ......do.............. do.
Cuyahoga County. 1975, Emerg;
February 18,
1981, Reg;
December 3,
2010, Susp..
Warrensville Heights, City 390135 July 7, 1975, ......do.............. do.
of, Cuyahoga County. Emerg; August
17, 1981, Reg;
December 3,
2010, Susp..
Westlake, City of, Cuyahoga 390136 July 29, 1975, ......do.............. do.
County. Emerg; January
16, 1980, Reg;
December 3,
2010, Susp..
Region VI
Arkansas:
Crawford County, 050428 June 29, 1990, ......do.............. do.
Unincorporated Areas. Emerg; August 5,
1991, Reg;
December 3,
2010, Susp..
Gassville, City of, Baxter 050243 January 26, 1976, ......do.............. do.
County. Emerg; November
6, 2008, Reg;
December 3,
2010, Susp..
Howard County, 050438 March 17, 1983, ......do.............. do.
Unincorporated Areas. Emerg; September
30, 1988, Reg;
December 3,
2010, Susp..
Mineral Springs, City of, 050349 May 30, 1975, ......do.............. do.
Howard County. Emerg; June 1,
1987, Reg;
December 3,
2010, Susp..
Mountain Home, City of, 050351 February 9, 1976, ......do.............. do.
Baxter County. Emerg; September
16, 1982, Reg;
December 3,
2010, Susp..
Norfork, City of, Baxter 050267 June 2, 1976, ......do.............. do.
County. Emerg; July 1,
1987, Reg;
December 3,
2010, Susp..
Salesville, City of, Baxter 050579 August 14, 1989, ......do.............. do.
County. Emerg; April 16,
1990, Reg;
December 3,
2010, Susp..
New Mexico: Las Vegas, City of, 350068 August 11, 1975, ......do.............. do.
San Miguel County. Emerg; September
18, 1986, Reg;
December 3,
2010, Susp..
Texas:
Gonzales, City of, Gonzales 480254 August 6, 1975, ......do.............. do.
County. Emerg; June 15,
1979, Reg;
December 3,
2010, Susp..
Gonzales County, 480253 November 8, 1973, ......do.............. do.
Unincorporated Areas. Emerg; August
15, 1978, Reg;
December 3,
2010, Susp..
Nixon, City of, Gonzales 481114 March 9, 1976, ......do.............. do.
and Wilson Counties. Emerg; August
26, 1977, Reg;
December 3,
2010, Susp..
[[Page 71367]]
Waelder, City of, Gonzales 480255 June 17, 1975, ......do.............. do.
County. Emerg; December
1, 1977, Reg;
December 3,
2010, Susp..
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: November 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-29418 Filed 11-22-10; 8:45 am]
BILLING CODE 9110-12-P