[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Rules and Regulations]
[Pages 18408-18413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8276]
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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-8125]
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,
[[Page 18409]]
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:
----------------------------------------------------------------------------------------------------------------
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 I
New Hampshire:
Allenstown, Town of, 330103 September 3, 1975, 4/19/2010............. 4/19/2010
Merrimack County. Emerg; April 2,
1979, Reg; April
19, 2010, Susp.
Andover, Town of, 330104 May 12, 1976, ......do.............. Do.
Merrimack County. Emerg; April 2,
1986, Reg; April
19, 2010, Susp.
Boscawen, Town of, 330105 October 14, 1976, ......do.............. Do.
Merrimack County. Emerg; July 16,
1979, Reg; April
19, 2010, Susp.
Bow, Town of, Merrimack 330107 June 18, 1975, ......do.............. Do.
County. Emerg; April 16,
1979, Reg; April
19, 2010, Susp.
Bradford, Town of, 330106 August 12, 1975, ......do.............. Do.
Merrimack County. Emerg; April 15,
1992, Reg; April
19, 2010, Susp.
Canterbury, Town of, 330108 June 10, 1975, ......do.............. Do.
Merrimack County. Emerg; May 15
1979, Reg; April
19, 2010, Susp.
Chichester, Town of, 330109 N/A, Emerg; May ......do.............. Do.
Merrimack County. 14, 2004, Reg;
April 19, 2010,
Susp.
Concord, City of, 330110 July 17, 1974, ......do.............. Do.
Merrimack County. Emerg; March 4,
1980, Reg; April
19, 2010, Susp.
Danbury, Town of, 330111 April 23, 2001, ......do.............. Do.
Merrimack County. Emerg; January 1,
2003, Reg; April
19, 2010, Susp.
Dunbarton, Town of, 330202 May 1, 2000, ......do.............. Do.
Merrimack County. Emerg; March 28,
2001, Reg; April
19, 2010, Susp.
Epsom, Town of, Merrimack 330112 November 11, 1976, ......do.............. Do.
County. Emerg; July 3,
1978, Reg; April
19, 2010, Susp.
Franklin, City of, 330113 July 21, 1975, ......do.............. Do.
Merrimack County. Emerg; September
28, 1979, Reg;
April 19, 2010,
Susp.
Henniker, Town of, 330114 March 14, 1979, ......do.............. Do.
Merrimack County. Emerg; March 14,
1979, Reg; April
19, 2010, Susp.
Hill, Town of, Merrimack 330214 November 29, 1976, ......do.............. Do.
County. Emerg; April 2,
1986, Reg; April
19, 2010, Susp.
Hooksett, Town of, 330115 November 10, 1975, ......do.............. Do.
Merrimack County. Emerg; April 2,
1979, Reg; April
19, 2010, Susp.
Hopkinton, Town of, 330116 June 27, 1975, ......do.............. Do.
Merrimack County. Emerg; May 17,
1988, Reg; April
19, 2010, Susp.
Loudon, Town of, Merrimack 330117 April 2, 2004, ......do.............. Do.
County. Emerg; August 1,
2004, Reg; April
19, 2010, Susp.
New London, Town of, 330230 November 17, 1975, ......do.............. Do.
Merrimack County. Emerg; July 16,
1991, Reg; April
19, 2010, Susp.
Newbury, Town of, 330226 August 17, 1976, ......do.............. Do.
Merrimack County. Emerg; April 2,
1986, Reg; April
19, 2010, Susp.
Northfield, Town of, 330118 October 14, 1975, ......do.............. Do.
Merrimack County. Emerg; June 15,
1979, Reg; April
19, 2010, Susp.
Pembroke, Town of, 330119 July 24, 1975, ......do.............. Do.
Merrimack County. Emerg; April 2,
1979, Reg; April
19, 2010, Susp.
Pittsfield, Town of, 330120 January 27, 1976, ......do.............. Do.
Merrimack County. Emerg; July 3,
1978, Reg; April
19, 2010, Susp.
Salisbury, Town of, 330121 June 8, 1976, ......do.............. Do.
Merrimack County. Emerg; April 15,
1986, Reg; April
19, 2010, Susp.
Sutton, Town of, Merrimack 330122 March 1, 1976, ......do.............. Do.
County. Emerg; May 17,
1977, Reg; April
19, 2010, Susp.
[[Page 18410]]
Warner, Town of, Merrimack 330123 August 11, 1975, ......do.............. Do.
County. Emerg; June 4,
1987, Reg; April
19, 2010, Susp.
Webster, Town of, 330236 February 25, 1976, ......do.............. Do.
Merrimack County. Emerg; April 15,
1986, Reg; April
19, 2010, Susp.
Wilmot, Town of, Merrimack 330124 May 29, 1984, ......do.............. Do.
County. Emerg; April 1,
1986, Reg; April
19, 2010, Susp.
Region III
West Virginia:
Bethany, Town of, Brooke 540012 July 16, 1975, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
April 19, 2010,
Susp.
Braxton County, 540009 December 29, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; March 18,
1991, Reg; April
19, 2010, Susp.
Brooke County, 540011 October 28, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; December
15, 1983, Reg;
April 19, 2010,
Susp.
Chester, City of, Hancock 540048 June 23, 1975, ......do.............. Do.
County. Emerg; December
1, 1982, Reg;
April 19, 2010,
Susp.
Flatwoods, Town of, 540235 July 3, 1975, ......do.............. Do.
Braxton County. Emerg; September
29, 1978, Reg;
April 19, 2010,
Susp.
Follansbee, City of, 540013 July 16, 1975, ......do.............. Do.
Brooke County. Emerg; September
30, 1982, Reg;
April 19, 2010,
Susp.
Gassaway, Town of, Braxton 540237 March 21, 1975, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
April 19, 2010,
Susp.
Hancock County, 540047 August 21, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 15,
1984, Reg; April
19, 2010, Susp.
Jane Lew, Town of, Lewis 540086 March 7, 1975, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
April 19, 2010,
Susp.
Lewis County, 540085 January 25, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; July 1,
1987, Reg; April
19, 2010, Susp.
New Cumberland, City of, 540049 May 21, 1975, ......do.............. Do.
Hancock County. Emerg; May 15,
1980, Reg; April
19, 2010, Susp.
Sutton, Town of, Braxton 540236 June 5, 1975, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
April 19, 2010,
Susp.
Weirton, City of, Brooke 540014 March 20, 1975, ......do.............. Do.
and Hancock Counties. Emerg; September
28, 1979, Reg;
April 19, 2010,
Susp.
Wellsburg, City of, Brooke 540015 December 18, 1974, ......do.............. Do.
County. Emerg; November
17, 1982, Reg;
April 19, 2010,
Susp.
Weston, City of, Lewis 540087 November 1, 1974, ......do.............. Do.
County. Emerg; April 15,
1982, Reg; April
19, 2010, Susp.
Region IV
Alabama:
Pine Hill, Town of, Wilcox 010397 June 6, 2005, ......do.............. Do.
County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Wilcox County, 010327 February 21, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1987, Reg; April
19, 2010, Susp.
Mississippi:
Claiborne County, 280201 February 14, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1978, Reg; April
19, 2010, Susp.
Crosby, Town of, Wilkinson 280003 December 17, 1974, ......do.............. Do.
County. Emerg; February
1, 1986, Reg;
April 19, 2010,
Susp.
Port Gibson, Town of, 280033 April 16, 1975, ......do.............. Do.
Claiborne County. Emerg; June 15,
1978, Reg; April
19, 2010, Susp.
Wilkinson County, 280202 February 15, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 16,
1990, Reg; April
19, 2010, Susp.
North Carolina:
Bryson City, Town of, 370228 March 25, 1975, ......do.............. Do.
Swain County. Emerg; December
4, 1984, Reg;
April 19, 2010,
Susp.
Dillsboro, Town of, 370136 July 23, 1975, ......do.............. Do.
Jackson County. Emerg; May 15,
1986, Reg; April
19, 2010, Susp.
Eastern Band of Cherokee 370401 May 4, 1977, ......do.............. Do.
Indians, Cherokee, Emerg; May 17,
Graham, Haywood, Jackson, 1989, Reg; April
and Swain Counties. 19, 2010, Susp.
Jackson County, 370282 August 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1989, Reg; April
19, 2010, Susp.
Sylva, Town of, Jackson 370137 July 28, 1975, ......do.............. Do.
County. Emerg; July 3,
1986, Reg; April
19, 2010, Susp.
Swain County, 370227 February 3, 1980, ......do.............. Do.
Unincorporated Areas. Emerg; July 17,
1986, Reg; April
19, 2010, Susp.
Webster, Town of, Jackson 370281 December 29, 2005, ......do.............. Do.
County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
[[Page 18411]]
Tennessee:
Alexandria, City of, 470042 May 23, 1975, ......do.............. Do.
Dekalb County. Emerg; June 17,
1986, Reg; April
19, 2010, Susp.
Decatur County, 470041 December 2, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
April 19, 2010,
Susp.
Dowelltown, City of, 470043 May 22, 1975, ......do.............. Do.
Dekalb County. Emerg; August 19,
1986, Reg; April
19, 2010, Susp.
Jackson County, 470370 November 26, 1982, ......do.............. Do.
Unincorporated Areas. Emerg; September
4, 1985, Reg;
April 19, 2010,
Susp.
Liberty, City of, Dekalb 470044 May 23, 1975, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
April 19, 2010,
Susp.
Parsons, Town of, Decatur 470316 April 28, 1992, ......do.............. Do.
County. Emerg; November
1, 2006, Reg;
April 19, 2010,
Susp.
Van Buren County, 470342 July 14, 2005, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
2008, Reg; April
19, 2010, Susp.
Region V
Illinois:
Alexis, Village of, Mercer 170674 May 9, 1975, ......do.............. Do.
and Warren Counties. Emerg; July 2,
1987, Reg; April
19, 2010, Susp.
Keithsburg, City of, 170508 May 23, 1975, ......do.............. Do.
Mercer County. Emerg; September
15, 1983, Reg;
April 19, 2010,
Susp.
Mercer County, 170806 April 8, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; January 3,
1986, Reg; April
19, 2010, Susp.
Reynolds, Village of, 170883 March 24, 1998, ......do.............. Do.
Mercer and Rock Island Emerg; October
Counties. 18, 2002, Reg;
April 19, 2010,
Susp.
Seaton, Village of, Mercer 170881 August 13, 1975, ......do.............. Do.
County. Emerg; August 19,
1985, Reg; April
19, 2010, Susp.
Michigan:
Algansee, Township of, 260994 June 19, 1997, ......do.............. Do.
Branch County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Coldwater, City of, Branch 260813 February 10, 1989, ......do.............. Do.
County. Emerg; August 16,
1996, Reg; April
19, 2010, Susp.
Coldwater, Township of, 260826 September 26, ......do.............. Do.
Branch County. 1989, Emerg;
August 16, 1996,
Reg; April 19,
2010, Susp.
Girard, Township of, 261044 January 16, 2001, ......do.............. Do.
Branch County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Kinderhook, Township of, 260361 June 19, 1997, ......do.............. Do.
Branch County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Matteson, Township of, 260911 December 21, 1993, ......do.............. Do.
Branch County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Ovid, Township of, Branch 260362 June 30, 1997, ......do.............. Do.
County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Quincy, Township of, 260997 July 25, 1997, ......do.............. Do.
Branch County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Sherwood, Township of, 261020 April 2, 1998, ......do.............. Do.
Branch County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Union, Township of, Branch 261016 January 15, 1998, ......do.............. Do.
County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Wisconsin:
Beaver Dam, City of, Dodge 550095 May 16, 1975, ......do.............. Do.
County. Emerg; April 3,
1984, Reg; April
19, 2010, Susp.
Brownsville, Village of, 550096 April 2, 1975, ......do.............. Do.
Dodge County. Emerg; January 3,
1985, Reg; April
19, 2010, Susp.
Columbus, City of, 550058 October 7, 1974, ......do.............. Do.
Columbus and Dodge Emerg; December
Counties. 1, 1981, Reg;
April 19, 2010,
Susp.
Fox Lake, City of, Dodge 550097 August 1, 1975, ......do.............. Do.
County. Emerg; March 16,
1981, Reg; April
19, 2010, Susp.
Hartford, City of, Dodge 550473 April 17, 1975, ......do.............. Do.
and Washington Counties. Emerg; December
4, 1984, Reg;
April 19, 2010,
Susp.
Horicon, City of, Dodge 550098 July 7, 1975, ......do.............. Do.
County. Emerg; August 15,
1980, Reg; April
19, 2010, Susp.
Hustisford, Village of, 550557 July 25, 1975, ......do.............. Do.
Dodge County. Emerg; August 15,
1980, Reg; April
19, 2010, Susp.
Mayville, City of, Dodge 550103 July 21, 1975, ......do.............. Do.
County. Emerg; June 1,
1981, Reg; April
19, 2010, Susp.
Neosho, Village of, Dodge 550104 June 9, 1975, ......do.............. Do.
County. Emerg; June 15,
1988, Reg; April
19, 2010, Susp.
Theresa, Village of, Dodge 550106 August 21, 1975, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; April
19, 2010, Susp.
[[Page 18412]]
Watertown, City of, Dodge 550107 May 23, 1975, ......do.............. Do.
and Jefferson Counties. Emerg; April 1,
1981, Reg; April
19, 2010, Susp.
Waupun, City of, Dodge and 550108 January 21, 1975, ......do.............. Do.
Fond du Lac Counties. Emerg; August 15,
1984, Reg; April
19, 2010, Susp.
Region VI
Oklahoma:
Ardmore, City of, Carter 400031 March 5, 1975, ......do.............. Do.
County. Emerg; January 6,
1982, Reg; April
19, 2010, Susp.
Gene Autry, Town of, 400032 September 30, ......do.............. Do.
Carter County. 1999, Emerg;
November 1, 2007,
Reg; April 19,
2010, Susp.
Healdton, City of, Carter 400033 September 2, 1975, ......do.............. Do.
County. Emerg; January 3,
1986, Reg; April
19, 2010, Susp.
Lone Grove, Town of, 400395 January 26, 1978, ......do.............. Do.
Carter County. Emerg; March 16,
1989, Reg; April
19, 2010, Susp.
Wilson, City of, Carter 400035 June 20, 1975, ......do.............. Do.
County. Emerg; July 3,
1985, Reg; April
19, 2010, Susp.
Texas:
La Grulla, City of, Starr 480576 December 26, 1975, ......do.............. Do.
County. Emerg; January 3,
1986, Reg; April
19, 2010, Susp.
Rio Grande City, City of, 481678 N/A, Emerg; ......do.............. Do.
Starr County. October 22, 1997,
Reg; April 19,
2010, Susp.
Roma, City of, Starr 480577 November 20, 1995, ......do.............. Do.
County. Emerg; November
1, 2007, Reg;
April 19, 2010,
Susp.
Starr County, 480575 November 6, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; July 1,
1987, Reg; April
19, 2010, Susp.
Region VII
Missouri:
Annada, Village of, Pike 290287 August 17, 1979, ......do.............. Do.
County. Emerg; November
19, 1986, Reg;
April 19, 2010,
Susp.
Bowling Green, City of, 290288 February 12, 1974, ......do.............. Do.
Pike County. Emerg; May 2,
1977, Reg; April
19, 2010, Susp.
Clarksville, City of, Pike 290289 December 26, 1973, ......do.............. Do.
County. Emerg; April 1,
1977, Reg; April
19, 2010, Susp.
Louisiana, City of, Pike 290290 February 1, 1974, ......do.............. Do.
County. Emerg; April 3,
1978, Reg; April
19, 2010, Susp.
Pike County, 290286 April 29, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1989, Reg; April
19, 2010, Susp.
Buffalo, City of, Dallas 290739 N/A, Emerg; ......do.............. Do.
County. November 14,
2007, Reg; April
19, 2010, Susp.
Urbana, City of, Dallas 290514 January 15, 2008, ......do.............. Do.
County. Emerg; April 19,
2010, Reg; April
19, 2010, Susp.
Nebraska:
Columbus, City of, Platte 315272 May 21, 1971, ......do.............. Do.
County. Emerg; June 29,
1973, Reg; April
19, 2010, Susp.
Duncan, Village of, Platte 310272 June 22, 1995, ......do.............. Do.
County. Emerg; October 1,
2001, Reg; April
19, 2010, Susp.
Lindsay, Village of, 310177 December 15, 1976, ......do.............. Do.
Platte County. Emerg; September
4, 1987, Reg;
April 19, 2010,
Susp.
Platte Center, Village of, 310178 March 29, 1975, ......do.............. Do.
Platte County. Emerg; January
30, 1990, Reg;
April 19, 2010,
Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 18413]]
Dated: March 31, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation,
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-8276 Filed 4-9-10; 8:45 am]
BILLING CODE 9110-12-P