Suspension of Community Eligibility

Federal Register: May 21, 2010 (Volume 75, Number 98)

Rules and Regulations

Page 28492-28497

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr21my10-11

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency 44 CFR Part 64

Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8131

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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.'')

Page 28493

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:

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

Massachusetts:

Acton, Town of, Middlesex

250176 March 24, 1972,

June 4, 2010.......... June 4, 2010.

County.

Emerg; June 15, 1978, Reg; June 4, 2010, Susp.

Arlington, Town of,

250177 January 16, 1974, ......*do............. Do.

Middlesex County.

Emerg; July 5, 1982, Reg; June 4, 2010, Susp.

Ashby, Town of, Middlesex

250178 January 31, 1996, .......do............. Do.

County.

Emerg; August 1, 1996, Reg; June 4, 2010, Susp.

Ashland, Town of, Middlesex

250179 April 24, 1975,

......do.............. Do.

County.

Emerg; July 16, 1981, Reg; June 4, 2010, Susp.

Ayer, Town of, Middlesex

250180 November 7, 1974, ......do.............. Do.

County.

Emerg; July 19, 1982, Reg; June 4, 2010, Susp.

Bedford, Town of, Middlesex

255209 April 2, 1971,

......do.............. Do.

County.

Emerg; September 7, 1973, Reg;

June 4, 2010,

Susp.

Page 28494

Belmont, Town of, Middlesex

250182 September 6,

......do.............. Do.

County.

1974, Emerg;

June 15, 1982,

Reg; June 4, 2010, Susp.

Billerica, Town of,

250183 August 18, 1972, ......do.............. Do.

Middlesex County.

Emerg; November 5, 1980, Reg;

June 4, 2010,

Susp.

Boxborough, Town of,

250184 April 11, 1975,

......do.............. Do.

Middlesex County.

Emerg; September 15, 1978, Reg;

June 4, 2010,

Susp.

Burlington, Town of,

250185 January 2, 1976, ......do.............. Do.

Middlesex County.

Emerg; July 5, 1984, Reg; June 4, 2010, Susp.

Cambridge, City of,

250186 July 24, 1975,

......do.............. Do.

Middlesex County.

Emerg; July 5, 1982, Reg; June 4, 2010, Susp.

Carlisle, Town of,

250187 January 13, 1976, ......do.............. Do.

Middlesex County.

Emerg; October 15, 1980, Reg;

June 4, 2010,

Susp.

Chelmsford, Town of,

250188 December 6, 1973, ......do.............. Do.

Middlesex County.

Emerg; June 4, 1980, Reg; June 4, 2010, Susp.

Concord, Town of, Middlesex

250189 June 9, 1972,

......do.............. Do.

County.

Emerg; June 15, 1979, Reg; June 4, 2010, Susp.

Dracut, Town of, Middlesex

250190 May 6, 1974,

......do.............. Do.

County.

Emerg; July 2, 1980, Reg; June 4, 2010, Susp.

Dunstable, Town of,

250191 December 8, 1986, ......do.............. Do.

Middlesex County.

Emerg; December 8, 1986, Reg;

June 4, 2010,

Susp.

Everett, City of, Middlesex

250192 June 30, 1975,

......do.............. Do.

County.

Emerg; June 3, 1986, Reg; June 4, 2010, Susp.

Framingham, Town of,

250193 August 2, 1974,

......do.............. Do.

Middlesex County.

Emerg; February 3, 1982, Reg;

June 4, 2010,

Susp.

Groton, Town of, Middlesex

250194 October 30, 1975, ......do.............. Do.

County.

Emerg; July 5, 1982, Reg; June 4, 2010, Susp.

Holliston, Town of,

250195 December 5, 1975, ......do.............. Do.

Middlesex County.

Emerg; September 30, 1980, Reg;

June 4, 2010,

Susp.

Hopkinton, Town of,

250196 December 3, 1975, ......do.............. Do.

Middlesex County.

Emerg; July 5, 1982, Reg; June 4, 2010, Susp.

Hudson, Town of, Middlesex

250197 August 8, 1975,

......do.............. Do.

County.

Emerg; December 15, 1979, Reg;

June 4, 2010,

Susp.

Lexington, Town of,

250198 July 31, 1975,

......do.............. Do.

Middlesex County.

Emerg; June 1, 1978, Reg; June 4, 2010, Susp.

Lincoln, Town of, Middlesex

250199 December 24,

......do.............. Do.

County.

1975, Emerg;

June 1, 1978,

Reg; June 4, 2010, Susp.

Littleton, Town of,

250200 July 9, 1975,

......do.............. Do.

Middlesex County.

Emerg; June 15, 1983, Reg; June 4, 2010, Susp.

Lowell, City of, Middlesex

250201 January 14, 1972, ......do.............. Do.

County.

Emerg; April 16, 1979, Reg; June 4, 2010, Susp.

Malden, City of, Middlesex

250202 July 25, 1975,

......do.............. Do.

County.

Emerg; May 19, 1987, Reg; June 4, 2010, Susp.

Marlborough, City of,

250203 July 25, 1975,

......do.............. Do.

Middlesex County.

Emerg; January 6, 1982, Reg;

June 4, 2010,

Susp.

Maynard, Town of, Middlesex

250204 January 16, 1976, ......do.............. Do.

County.

Emerg; June 15, 1979, Reg; June 4, 2010, Susp.

Medford, City of, Middlesex

250205 May 20, 1975,

......do.............. Do.

County.

Emerg; June 3, 1986, Reg; June 4, 2010, Susp.

Melrose, City of, Middlesex

250206 June 9, 1975,

......do.............. Do.

County.

Emerg; August 5, 1986, Reg; June 4, 2010, Susp.

Natick, Town of, Middlesex

250207 March 26, 1975,

......do.............. Do.

County.

Emerg; February 1, 1980, Reg;

June 4, 2010,

Susp.

Newton, City of, Middlesex

250208 February 25,

......do.............. Do.

County.

1972, Emerg;

June 1, 1978,

Reg; June 4, 2010, Susp.

North Reading, Town of,

250209 March 17, 1972,

......do.............. Do.

Middlesex County.

Emerg; April 3, 1978, Reg; June 4, 2010, Susp.

Pepperell, Town of,

250210 January 29, 1975, ......do.............. Do.

Middlesex County.

Emerg; July 2, 1981, Reg; June 4, 2010, Susp.

Reading, Town of, Middlesex

250211 July 11, 1975,

......do.............. Do.

County.

Emerg; July 2, 1981, Reg; June 4, 2010, Susp.

Sherborn, Town of,

250212 June 13, 1978,

......do.............. Do.

Middlesex County.

Emerg; June 18, 1980, Reg; June 4, 2010, Susp.

Shirley, Town of, Middlesex

250213 July 22, 1975,

......do.............. Do.

County.

Emerg; July 5, 1983, Reg; June 4, 2010, Susp.

Somerville, City of,

250214 February 4, 1974, ......do.............. Do.

Middlesex County.

Emerg; July 17, 1986, Reg; June 4, 2010, Susp.

Stoneham, Town of,

250215 October 3, 1975, ......do.............. Do.

Middlesex County.

Emerg; July 3, 1986, Reg; June 4, 2010, Susp.

Page 28495

Stow, Town of, Middlesex

250216 October 1, 1975, ......do.............. Do.

County.

Emerg; August 1, 1979, Reg; June 4, 2010, Susp.

Sudbury, Town of, Middlesex

250217 August 1, 1975,

......do.............. Do.

County.

Emerg; June 1, 1982, Reg; June 4, 2010, Susp.

Tewksbury, Town of,

250218 December 10,

......do.............. Do.

Middlesex County.

1971, Emerg;

July 18, 1977,

Reg; June 4, 2010, Susp.

Townsend, Town of,

250219 October 10, 1975, ......do.............. Do.

Middlesex County.

Emerg; August 2, 1982, Reg; June 4, 2010, Susp.

Tyngsborough, Town of,

250220 June 18, 1975,

......do.............. Do.

Middlesex County.

Emerg; September 2, 1982, Reg;

June 4, 2010,

Susp.

Wakefield, Town of,

250221 March 26, 1974,

......do.............. Do.

Middlesex County.

Emerg; October 17, 1978, Reg;

June 4, 2010,

Susp.

Waltham, City of, Middlesex

250222 July 1, 1975,

......do.............. Do.

County.

Emerg; December 18, 1979, Reg;

June 4, 2010,

Susp.

Watertown, Town of,

250223 December 5, 1974, ......do.............. Do.

Middlesex County.

Emerg; September 30, 1980, Reg;

June 4, 2010,

Susp.

Wayland, City of, Middlesex

250224 March 21, 1975,

......do.............. Do.

County.

Emerg; June 1, 1982, Reg; June 4, 2010, Susp.

Westford, Town of,

250225 October 3, 1975, ......do.............. Do.

Middlesex County.

Emerg; June 15, 1983, Reg; June 4, 2010, Susp.

Weston, Town of, Middlesex

250226 July 30, 1975,

......do.............. Do.

County.

Emerg; July 2, 1980, Reg; June 4, 2010, Susp.

Wilmington, Town of,

250227 July 1, 1974,

......do.............. Do.

Middlesex County.

Emerg; June 15, 1982, Reg; June 4, 2010, Susp.

Winchester, Town of,

250228 August 11, 1975, ......do.............. Do.

Middlesex County.

Emerg; June 18, 1980, Reg; June 4, 2010, Susp.

Woburn, City of, Middlesex

250229 June 26, 1975,

......do.............. Do.

County.

Emerg; July 2, 1980, Reg; June 4, 2010, Susp.

Region IV

Alabama:

Berry, Town of, Fayette

010255 July 9, 1976,

......do.............. Do.

County.

Emerg; June 3, 1986, Reg; June 4, 2010, Susp.

Fayette, City of, Fayette

010084 July 17, 1974,

......do.............. Do.

County.

Emerg; March 1, 1984, Reg; June 4, 2010, Susp.

Fayette County,

010219 June 17, 1976,

......do.............. Do.

Unincorporated Areas.

Emerg; September 18, 1985, Reg;

June 4, 2010,

Susp.

Glen Allen, Town of,

010256 August 25, 1975, ......do.............. Do.

Fayette County.

Emerg; September 18, 1985, Reg;

June 4, 2010,

Susp.

Florida:

Hamilton County,

120101 February 12,

......do.............. Do.

Unincorporated Areas.

1975, Emerg;

June 4, 1987,

Reg; June 4, 2010, Susp.

Jasper, City of, Hamilton

120587 N/A, Emerg; July ......do.............. Do.

County.

27, 2006, Reg;

June 4, 2010,

Susp.

White Springs, Town of,

120102 November 5, 1975, ......do.............. Do.

Hamilton County.

Emerg; June 4, 1987, Reg; June 4, 2010, Susp.

Tennessee:

Dunlap, City of, Sequatchie

470270 September 29,

......do.............. Do.

County.

1975, Emerg;

March 4, 1988,

Reg; June 4, 2010, Susp.

Lake County, Unincorporated

470334 April 22, 1975,

......do.............. Do.

Areas.

Emerg; March 16, 1981, Reg; June 4, 2010, Susp.

Region V

Michigan:

Centreville, Village of,

260509 April 5, 1979,

......do.............. Do.

St. Joseph County.

Emerg; September 30, 1988, Reg;

June 4, 2010,

Susp.

Colon, Township of, St.

260510 March 9, 1977,

......do.............. Do.

Joseph County.

Emerg; September 16, 1988, Reg;

June 4, 2010,

Susp.

Colon, Village of, St.

260511 March 9, 1977,

......do.............. Do.

Joseph County.

Emerg; March 2, 1979, Reg; June 4, 2010, Susp.

Constantine, Village of,

260512 September 23,

......do.............. Do.

St. Joseph County.

1976, Emerg;

August 19, 1986,

Reg; June 4, 2010, Susp.

Fabius, Township of, St.

260781 November 13,

......do.............. Do.

Joseph County.

1986, Emerg;

September 30, 1988, Reg; June 4, 2010, Susp.

Lockport, Township of, St.

260715 August 30, 1982, ......do.............. Do.

Joseph County.

Emerg; February 17, 1989, Reg;

June 4, 2010,

Susp.

Mendon, Township of, St.

260513 May 28, 1982,

......do.............. Do.

Joseph County.

Emerg; July 2, 1987, Reg; June 4, 2010, Susp.

Mendon, Village of, St.

261136 July 6, 2007,

......do.............. Do.

Joseph County.

Emerg; June 4, 2010, Reg; June 4, 2010, Susp.

Page 28496

Nottawa, Township of, St.

260514 January 24, 1978, ......do.............. Do.

Joseph County.

Emerg; March 2, 1989, Reg; June 4, 2010, Susp.

Park, Township of, St.

261122 June 30, 2009,

......do.............. Do.

Joseph County.

Emerg; June 4, 2010, Reg; June 4, 2010, Susp.

Three Rivers, City of, St.

260206 April 28, 1975,

......do.............. Do.

Joseph County.

Emerg; December 15, 1990, Reg;

June 4, 2010,

Susp.

White Pigeon, Village of,

261138 May 21, 2009,

......do.............. Do.

St. Joseph County.

Emerg; June 4, 2010, Reg; June 4, 2010, Susp.

Minnesota:

Arden Hills, City of,

270375 January 21, 1975, ......do.............. Do.

Ramsey County.

Emerg; July 2, 1981, Reg; June 4, 2010, Susp.

Little Canada, City of,

270377 May 24, 1977,

......do.............. Do.

Ramsey County.

Emerg; November 3, 1982, Reg;

June 4, 2010,

Susp.

Maplewood, City of, Ramsey

270378 April 23, 1974,

......do.............. Do.

County.

Emerg; August 5, 1986, Reg; June 4, 2010, Susp.

Mounds View, City of,

270379 July 23, 1975,

......do.............. Do.

Ramsey County.

Emerg; March 2, 1983, Reg; June 4, 2010, Susp.

New Brighton, City of,

270380 April 5, 1974,

......do.............. Do.

Ramsey County.

Emerg; September 1, 1978, Reg;

June 4, 2010,

Susp.

North St. Paul, City of,

270382 May 9, 1974,

......do.............. Do.

Ramsey County.

Emerg; September 15, 1978, Reg;

June 4, 2010,

Susp.

Roseville, City of, Ramsey

270599 February 9, 1976, ......do.............. Do.

County.

Emerg; March 30, 1981, Reg; June 4, 2010, Susp.

Shoreview, City of, Ramsey

270384 May 2, 1975,

......do.............. Do.

County.

Emerg; April 1, 1981, Reg; June 4, 2010, Susp.

St. Paul, City of, Ramsey

275248 April 2, 1971,

......do.............. Do.

County.

Emerg; February 9, 1973, Reg;

June 4, 2010,

Susp.

Vadnais Heights, City of,

270385 July 3, 1974,

......do.............. Do.

Ramsey County.

Emerg; June 30, 1976, Reg; June 4, 2010, Susp.

White Bear, Township of,

270688 March 9, 1977,

......do.............. Do.

Ramsey County.

Emerg; September 18, 1985, Reg;

June 4, 2010,

Susp.

White Bear Lake, City of,

270386 April 28, 1975,

......do.............. Do.

Ramsey and Washington

Emerg; September

Counties.

4, 1987, Reg;

June 4, 2010,

Susp.

Ohio:

Carroll County,

390763 May 11, 1990,

......do.............. Do.

Unincorporated Areas.

Emerg; September 28, 1990, Reg;

June 4, 2010,

Susp.

Delroy, Village of, Carroll

390049 March 11, 1977,

......do.............. Do.

County.

Emerg; August 19, 1987, Reg;

June 4, 2010,

Susp.

Magnolia, Village of,

390051 February 2, 1976, ......do.............. Do.

Carroll and Stark Counties.

Emerg; September 1, 1986, Reg;

June 4, 2010,

Susp.

Malvern, Village of,

390052 May 14, 1975,

......do.............. Do.

Carroll County.

Emerg; July 3, 1995, Reg; June 4, 2010, Susp.

Region VI

New Mexico:

Artesia, City of, Eddy

350016 April 4, 1975,

......do.............. Do.

County.

Emerg; February 4, 1981, Reg;

June 4, 2010,

Susp.

Carlsbad, City of, Eddy

350017 July 21, 1972,

......do.............. Do.

County.

Emerg; March 15, 1978, Reg; June 4, 2010, Susp.

Eddy County, Unincorporated

350120 October 22, 1975, Do................... Do.

Areas.

Emerg; April 22, 2004, Reg; June 4, 2010, Susp.

Texas:

Amarillo, City of, Potter

480529 March 30, 1973,

......do.............. Do. and Randall Counties.

Emerg; July 19, 1982, Reg; June 4, 2010, Susp.

Canyon, City of, Randall

480533 August 29, 1974, ......do.............. Do.

County.

Emerg; September 20, 1982, Reg;

June 4, 2010,

Susp.

Lake Tanglewood, Village

481259 July 21, 1975,

......do.............. Do. of, Randall County.

Emerg; September 30, 1982, Reg;

June 4, 2010,

Susp.

Palisades, Village of,

481666 N/A, Emerg; June ......do.............. Do.

Randall County.

12, 1995, Reg;

June 4, 2010,

Susp.

Timbercreek Canyon, Village

485518 January 26, 1984, ......do.............. Do. of, Randall County.

Emerg; January 26, 1984, Reg;

June 4, 2010,

Susp.

Potter County,

481241 February 25,

......do.............. Do.

Unincorporated Areas.

2004, Emerg;

June 4, 2010,

Reg; June 4, 2010, Susp.

Randall County,

480532 June 13, 1978,

......do.............. Do.

Unincorporated Areas.

Emerg; September 30, 1982, Reg;

June 4, 2010,

Susp.

Page 28497

Region X

Alaska: Hoonah, City of,

020049 June 14, 1976,

......do.............. Do.

Skagway-Hoonah-Angoon Census

Emerg; April 2,

Area.

1979, Reg; June 4, 2010, Susp.

*do =Ditto.

Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: May 11, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.

FR Doc. 2010-12203 Filed 5-20-10; 8:45 am

BILLING CODE 9110-12-P