2010-6632. 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, [phone].

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

Accordingly, 44 CFR part 64 is amended as follows:

PART 64—[AMENDED]

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.

§ 64.6

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region I
Rhode Island:
Jamestown, Town of, Newport County	445399	November 20, 1970, Emerg; April 21, 1972, Reg; April 5, 2010, Susp.	Apr. 2, 2010	Apr. 5, 2010.
Little Compton, Town of, Newport County	440035	May 9, 1975, Emerg; August 17, 1981, Reg; April 5, 2010, Susp.	......do	Do.
Middletown, Town of, Newport County	445401	September 11, 1970, Emerg; April 9, 1971, Reg; April 5, 2010, Susp.	......do	Do.
Newport, City of, Newport County	445403	June 19, 1970, Emerg; December 4, 1970, Reg; April 5, 2010, Susp.	......do	Do.
Portsmouth, Town of, Newport County	445405	July 30, 1971, Emerg; August 24, 1973, Reg; April 5, 2010, Susp.	......do	Do.
Tiverton, Town of, Newport County	440012	August 18, 1972, Emerg; May 2, 1977, Reg; April 5, 2010, Susp.	......do	Do.
Region II
New York:
Dansville, Village of, Livingston County	360383	April 17, 1973, Emerg; November 1, 1978, Reg; April 5, 2010, Susp.	......do	Do.
Sparta, Town of, Livingston County	361288	March 6, 1980, Emerg; August 27, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Region V
Illinois:
Andalusia, Village of, Rock Island County	170583	February 18, 1975, Emerg; January 20, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Amboy, City of, Lee County	170414	April 8, 1975, Emerg; April 15, 1988, Reg; April 5, 2010, Susp.	......do	Do.
Carbon Cliff, Village of, Rock Island County	170584	May 23, 1975, Emerg; June 1, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Coal Valley, Village of, Rock Island and Henry Counties	170585	September 26, 1974, Emerg; December 4, 1979, Reg; April 5, 2010, Susp.	......do	Do.
Cordova, Village of, Rock Island County	170586	April 18, 1975, Emerg; December 1, 1981, Reg; April 5, 2010, Susp.	......do	Do.
East Moline, City of, Rock Island County	170587	March 5, 1976, Emerg; October 15, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Hillsdale, Village of, Rock Island County	170589	February 11, 1974, Emerg; July 19, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Lee County, Unincorporated Areas	170413	June 6, 1975, Emerg; April 15, 1988, Reg; April 5, 2010, Susp.	......do	Do.
Milan, Village of, Rock Island County	170590	April 3, 1975, Emerg; March 18, 1980, Reg; April 5, 2010, Susp.	......do	Do.
Moline, City of, Rock Island County	170591	March 4, 1975, Emerg; February 1, 1980, Reg; April 5, 2010, Susp.	......do	Do.
Nelson, Village of, Lee County	170418	September 30, 1976, Emerg; April 15, 1988, Reg; April 5, 2010, Susp.	......do	Do.
Reynolds, Village of, Rock Island and Mercer Counties	170883	March 24, 1998, Emerg; October 18, 2002, Reg; April 5, 2010, Susp.	......do	Do.
Rochelle, City of, Lee and Ogle Counties	170532	March 7, 1975, Emerg; August 19, 1986, Reg; April 5, 2010, Susp.	......do	Do.
Rock Island, City of, Rock Island County	175171	July 9, 1971, Emerg; June 9, 1972, Reg; April 5, 2010, Susp.	......do	Do.
Rock Island County, Unincorporated Areas	170582	May 14, 1971, Emerg; August 2, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Steward, Village of, Lee County	170420	October 10, 1975, Emerg; September 1, 1987, Reg; April 5, 2010, Susp.	......do	Do.
Region VI
Texas:
Athens, City of, Henderson County	480324	April 10, 1975, Emerg; May 5, 1981, Reg; April 5, 2010, Susp.	......do	Do.
Chandler, City of, Henderson County	480326	March 5, 1976, Emerg; October 24, 1978, Reg; April 5, 2010, Susp.	......do	Do.
Enchanted Oaks, Town of, Henderson County	481634	June 20, 1990, Emerg; September 27, 1991, Reg; April 5, 2010, Susp.	......do	Do.
Henderson County, Unincorporated Areas	481174	April 8, 1987, Emerg; September 27, 1991, Reg; April 5, 2010, Susp.	......do	Do.
Mabank, City of, Henderson and Kaufman Counties	480414	February 22, 1977, Emerg; August 8, 1978, Reg; April 5, 2010, Susp.	......do	Do.
Region VII
Iowa:
Alburnett, City of, Linn County	190692	March 2, 1976, Emerg; June 1, 1987, Reg; April 5, 2010, Susp.	......do	Do.
Cedar Rapids, City of, Linn County	190187	August 13, 1971, Emerg; December 15, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Center Point, City of, Linn County	190439	October 27, 1977, Emerg; July 5, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Central City, City of, Linn County	190188	January 8, 1976, Emerg; December 15, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Coggon, City of, Linn County	190189	May 9, 1975, Emerg; July 16, 1984, Reg; April 5, 2010, Susp.	......do	Do.
Ely, City of, Linn County	190440	April 29, 1991, Emerg; February 17, 1993, Reg; April 5, 2010, Susp.	......do	Do.
Fairfax, City of, Linn County	190190	January 20, 1975, Emerg; September 19, 1984, Reg; April 5, 2010, Susp.	......do	Do.
Hiawatha, City of, Linn County	190441	August 3, 1976, Emerg; February 3, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Linn County, Unincorporated Areas	190829	January 5, 1979, Emerg; December 15, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Lisbon, City of, Linn County	190607	March 23, 1978, Emerg; June 10, 1980, Reg; April 5, 2010, Susp.	......do	Do.
Marion, City of, Linn County	190191	June 30, 1975, Emerg; July 5, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Mount Vernon, City of, Linn County	190192	December 10, 1975, Emerg; June 10, 1980, Reg; April 5, 2010, Susp.	......do	Do.
Palo, City of, Linn County	190442	June 25, 1976, Emerg; November 17, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Robins, City of, Linn County	190443	January 16, 1978, Emerg; July 5, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Springville, City of, Linn County	190444	N/A, Emerg; March 30, 2009, Reg; April 5, 2010, Susp.	......do	Do.
Walker, City of, Linn County	190445	October 25, 2007, Emerg; April 5, 2010, Reg; April 5, 2010, Susp.	......do	Do.
Missouri:
Laddonia, City of, Audrain County	290017	August 1, 1975, Emerg; August 24, 1984, Reg; April 5, 2010, Susp.	......do	Do.
Mexico, City of, Audrain County	295267	March 19, 1971, Emerg; May 26, 1972, Reg; April 5, 2010, Susp.	......do	Do.
Vandalia, City of, Audrain County	290020	July 15, 1975, Emerg; February 4, 1988, Reg; April 5, 2010, Susp.	......do	Do.
Nebraska:
Ashland, City of, Saunders County	310196	December 4, 1974, Emerg; November 3, 1982, Reg; April 5, 2010, Susp.	......do	Do.
Cedar Bluffs, Village of, Saunders County	310356	April 4, 1975, Emerg; September 24, 1984, Reg; April 5, 2010, Susp.	......do	Do.
Ceresco, Village of, Saunders and Lancaster Counties	310197	July 18, 1975, Emerg; July 3, 1986, Reg; April 5, 2010, Susp.	......do	Do.
Ithaca, Village of, Saunders County	310198	November 12, 1975, Emerg; May 1, 1987, Reg; April 5, 2010, Susp.	......do	Do.
Leshara, Village of, Saunders County	310199	January 29, 2009, Emerg; April 5, 2010, Reg; April 5, 2010, Susp.	......do	Do.
Malmo, Village of, Saunders County	310200	April 25, 1975, Emerg; September 4, 1986, Reg; April 5, 2010, Susp.	......do	Do.
Prague, Village of, Saunders County	310202	N/A, Emerg; December 29, 2000, Reg; April 5, 2010, Susp.	......do	Do.
Saunders County, Unincorporated Areas	310195	April 6, 1973, Emerg; December 1, 1978, Reg; April 5, 2010, Susp.	......do	Do.
Valparaiso, Village of, Saunders County	310203	September 16, 1975, Emerg; June 3, 1986, Reg; April 5, 2010, Susp.	......do	Do.
Wahoo, City of, Saunders County	310204	August 25, 1972, Emerg; December 1, 1977, Reg; April 5, 2010, Susp.	......do	Do.
Weston, Village of, Saunders County	310205	October 24, 1979, Emerg; July 3, 1985, Reg; April 5, 2010, Susp.	......do	Do.
Do. = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 16, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation, Department of Homeland Security, Federal Emergency Management Agency.