Suspension of Community Eligibility

Federal Register: March 25, 2010 (Volume 75, Number 57)

Rules and Regulations

Page 14356-14359

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

DOCID:fr25mr10-8

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.

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

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

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..

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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