[Federal Register Volume 75, Number 57 (Thursday, March 25, 2010)]
[Rules and Regulations]
[Pages 14356-14359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-6632]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2010-000; Internal Agency Docket No. FEMA-8123]
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 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:
[[Page 14357]]
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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:
Jamestown, Town of, Newport 445399 November 20, Apr. 2, 2010.......... Apr. 5, 2010.
County. 1970, Emerg;
April 21, 1972,
Reg; April 5,
2010, Susp..
Little Compton, Town of, 440035 May 9, 1975, ......do.............. Do.
Newport County. Emerg; August
17, 1981, Reg;
April 5, 2010,
Susp..
Middletown, Town of, 445401 September 11, ......do.............. Do.
Newport County. 1970, Emerg;
April 9, 1971,
Reg; April 5,
2010, Susp..
Newport, City of, Newport 445403 June 19, 1970, ......do.............. Do.
County. Emerg; December
4, 1970, Reg;
April 5, 2010,
Susp..
Portsmouth, Town of, 445405 July 30, 1971, ......do.............. Do.
Newport County. Emerg; August
24, 1973, Reg;
April 5, 2010,
Susp..
Tiverton, Town of, Newport 440012 August 18, 1972, ......do.............. Do.
County. Emerg; May 2,
1977, Reg; April
5, 2010, Susp..
Region II
New York:
Dansville, Village of, 360383 April 17, 1973, ......do.............. Do.
Livingston County. Emerg; November
1, 1978, Reg;
April 5, 2010,
Susp..
Sparta, Town of, Livingston 361288 March 6, 1980, ......do.............. Do.
County. Emerg; August
27, 1982, Reg;
April 5, 2010,
Susp..
Region V
Illinois:
Andalusia, Village of, Rock 170583 February 18, ......do.............. Do.
Island County. 1975, Emerg;
January 20,
1982, Reg; April
5, 2010, Susp..
Amboy, City of, Lee County. 170414 April 8, 1975, ......do.............. Do.
Emerg; April 15,
1988, Reg; April
5, 2010, Susp..
Carbon Cliff, Village of, 170584 May 23, 1975, ......do.............. Do.
Rock Island County. Emerg; June 1,
1982, Reg; April
5, 2010, Susp..
Coal Valley, Village of, 170585 September 26, ......do.............. Do.
Rock Island and Henry 1974, Emerg;
Counties. December 4,
1979, Reg; April
5, 2010, Susp..
Cordova, Village of, Rock 170586 April 18, 1975, ......do.............. Do.
Island County. Emerg; December
1, 1981, Reg;
April 5, 2010,
Susp..
East Moline, City of, Rock 170587 March 5, 1976, ......do.............. Do.
Island County. Emerg; October
15, 1982, Reg;
April 5, 2010,
Susp..
Hillsdale, Village of, Rock 170589 February 11, ......do.............. Do.
Island County. 1974, Emerg;
July 19, 1982,
Reg; April 5,
2010, Susp..
Lee County, Unincorporated 170413 June 6, 1975, ......do.............. Do.
Areas. Emerg; April 15,
1988, Reg; April
5, 2010, Susp..
Milan, Village of, Rock 170590 April 3, 1975, ......do.............. Do.
Island County. Emerg; March 18,
1980, Reg; April
5, 2010, Susp..
Moline, City of, Rock 170591 March 4, 1975, ......do.............. Do.
Island County. Emerg; February
1, 1980, Reg;
April 5, 2010,
Susp..
Nelson, Village of, Lee 170418 September 30, ......do.............. Do.
County. 1976, Emerg;
April 15, 1988,
Reg; April 5,
2010, Susp..
Reynolds, Village of, Rock 170883 March 24, 1998, ......do.............. Do.
Island and Mercer Counties. Emerg; October
18, 2002, Reg;
April 5, 2010,
Susp..
Rochelle, City of, Lee and 170532 March 7, 1975, ......do.............. Do.
Ogle Counties. Emerg; August
19, 1986, Reg;
April 5, 2010,
Susp..
Rock Island, City of, Rock 175171 July 9, 1971, ......do.............. Do.
Island County. Emerg; June 9,
1972, Reg; April
5, 2010, Susp..
Rock Island County, 170582 May 14, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; August 2,
1982, Reg; April
5, 2010, Susp..
Steward, Village of, Lee 170420 October 10, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
April 5, 2010,
Susp..
Region VI
Texas:
Athens, City of, Henderson 480324 April 10, 1975, ......do.............. Do.
County. Emerg; May 5,
1981, Reg; April
5, 2010, Susp..
Chandler, City of, 480326 March 5, 1976, ......do.............. Do.
Henderson County. Emerg; October
24, 1978, Reg;
April 5, 2010,
Susp..
Enchanted Oaks, Town of, 481634 June 20, 1990, ......do.............. Do.
Henderson County. Emerg; September
27, 1991, Reg;
April 5, 2010,
Susp..
Henderson County, 481174 April 8, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1991, Reg;
April 5, 2010,
Susp..
Mabank, City of, Henderson 480414 February 22, ......do.............. Do.
and Kaufman Counties. 1977, Emerg;
August 8, 1978,
Reg; April 5,
2010, Susp..
[[Page 14358]]
Region VII
Iowa:
Alburnett, City of, Linn 190692 March 2, 1976, ......do.............. Do.
County. Emerg; June 1,
1987, Reg; April
5, 2010, Susp..
Cedar Rapids, City of, Linn 190187 August 13, 1971, ......do.............. Do.
County. Emerg; December
15, 1982, Reg;
April 5, 2010,
Susp..
Center Point, City of, Linn 190439 October 27, 1977, ......do.............. Do.
County. Emerg; July 5,
1982, Reg; April
5, 2010, Susp..
Central City, City of, Linn 190188 January 8, 1976, ......do.............. Do.
County. Emerg; December
15, 1982, Reg;
April 5, 2010,
Susp..
Coggon, City of, Linn 190189 May 9, 1975, ......do.............. Do.
County. Emerg; July 16,
1984, Reg; April
5, 2010, Susp..
Ely, City of, Linn County.. 190440 April 29, 1991, ......do.............. Do.
Emerg; February
17, 1993, Reg;
April 5, 2010,
Susp..
Fairfax, City of, Linn 190190 January 20, 1975, ......do.............. Do.
County. Emerg; September
19, 1984, Reg;
April 5, 2010,
Susp..
Hiawatha, City of, Linn 190441 August 3, 1976, ......do.............. Do.
County. Emerg; February
3, 1982, Reg;
April 5, 2010,
Susp..
Linn County, Unincorporated 190829 January 5, 1979, ......do.............. Do.
Areas. Emerg; December
15, 1982, Reg;
April 5, 2010,
Susp..
Lisbon, City of, Linn 190607 March 23, 1978, ......do.............. Do.
County. Emerg; June 10,
1980, Reg; April
5, 2010, Susp..
Marion, City of, Linn 190191 June 30, 1975, ......do.............. Do.
County. Emerg; July 5,
1982, Reg; April
5, 2010, Susp..
Mount Vernon, City of, Linn 190192 December 10, ......do.............. Do.
County. 1975, Emerg;
June 10, 1980,
Reg; April 5,
2010, Susp..
Palo, City of, Linn County. 190442 June 25, 1976, ......do.............. Do.
Emerg; November
17, 1982, Reg;
April 5, 2010,
Susp..
Robins, City of, Linn 190443 January 16, 1978, ......do.............. Do.
County. Emerg; July 5,
1982, Reg; April
5, 2010, Susp..
Springville, City of, Linn 190444 N/A, Emerg; March ......do.............. Do.
County. 30, 2009, Reg;
April 5, 2010,
Susp..
Walker, City of, Linn 190445 October 25, 2007, ......do.............. Do.
County. Emerg; April 5,
2010, Reg; April
5, 2010, Susp..
Missouri:
Laddonia, City of, Audrain 290017 August 1, 1975, ......do.............. Do.
County. Emerg; August
24, 1984, Reg;
April 5, 2010,
Susp..
Mexico, City of, Audrain 295267 March 19, 1971, ......do.............. Do.
County. Emerg; May 26,
1972, Reg; April
5, 2010, Susp..
Vandalia, City of, Audrain 290020 July 15, 1975, ......do.............. Do.
County. Emerg; February
4, 1988, Reg;
April 5, 2010,
Susp..
Nebraska:
Ashland, City of, Saunders 310196 December 4, 1974, ......do.............. Do.
County. Emerg; November
3, 1982, Reg;
April 5, 2010,
Susp..
Cedar Bluffs, Village of, 310356 April 4, 1975, ......do.............. Do.
Saunders County. Emerg; September
24, 1984, Reg;
April 5, 2010,
Susp..
Ceresco, Village of, 310197 July 18, 1975, ......do.............. Do.
Saunders and Lancaster Emerg; July 3,
Counties. 1986, Reg; April
5, 2010, Susp..
Ithaca, Village of, 310198 November 12, ......do.............. Do.
Saunders County. 1975, Emerg; May
1, 1987, Reg;
April 5, 2010,
Susp..
Leshara, Village of, 310199 January 29, 2009, ......do.............. Do.
Saunders County. Emerg; April 5,
2010, Reg; April
5, 2010, Susp..
Malmo, Village of, Saunders 310200 April 25, 1975, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
April 5, 2010,
Susp..
Prague, Village of, 310202 N/A, Emerg; ......do.............. Do.
Saunders County. December 29,
2000, Reg; April
5, 2010, Susp..
Saunders County, 310195 April 6, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1978, Reg;
April 5, 2010,
Susp..
Valparaiso, Village of, 310203 September 16, ......do.............. Do.
Saunders County. 1975, Emerg;
June 3, 1986,
Reg; April 5,
2010, Susp..
Wahoo, City of, Saunders 310204 August 25, 1972, ......do.............. Do.
County. Emerg; December
1, 1977, Reg;
April 5, 2010,
Susp..
Weston, Village of, 310205 October 24, 1979, ......do.............. Do.
Saunders County. Emerg; July 3,
1985, Reg; April
5, 2010, Susp..
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Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 14359]]
Dated: March 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-6632 Filed 3-24-10; 8:45 am]
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