eLaws | eCases | United States Code | Federal Courts |
Home » 2010 Issues » 75 FR (04/16/2010) » 2010-8751. Suspension of Community Eligibility

  2010-8751. Suspension of Community Eligibility  

  • Start Preamble

    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.

    Start Further Info

    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.

    End Further Info End Preamble Start Supplemental Information

    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.

    Start List of Subjects

    List of Subjects in 44 CFR Part 64

    • Flood insurance
    • Floodplains
    End List of Subjects Start Amendment Part

    Accordingly, 44 CFR part 64 is amended as follows:

    End Amendment Part Start Part

    PART 64—[AMENDED]

    End Part Start Amendment Part

    1. The authority citation for part 64 continues to read as follows:

    End Amendment Part Start Authority

    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.

    End Authority
    [Amended]
    Start Amendment Part

    2. The tables published under the authority of § 64.6 are amended as follows: Start Printed Page 19892

    End Amendment Part
    State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
    Region III
    Virginia:
    Middlesex County, Unincorporated Areas510098October 18, 1974, Emerg; January 18, 1989, Reg; May 3, 2010, Susp5/3/20105/3/2010
    Urbanna, Town of, Middlesex County510292May 21, 1975, Emerg; November 3, 1989, Reg; May 3, 2010, Susp......do-  -Do-.
    West Virginia:
    Friendly, Town of, Tyler County540259December 23, 1975, Emerg; November 4, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Middlebourne, Town of, Tyler County540195May 13, 1975, Emerg; November 4, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Sistersville, City of, Tyler County540197June 23, 1975, Emerg; November 4, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Tyler County, Unincorporated Areas540277August 6, 1975, Emerg; November 4, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Region IV
    Alabama:
    Beaverton, Town of, Lamar County010134August 22, 1974, Emerg; July 3, 1986, Reg; May 3, 2010, Susp......do-  -Do-.
    Detroit, Town of, Lamar County010135August 30, 1974, Emerg; June 1, 1987, Reg; May 3, 2010, Susp......do-  -Do-.
    Kennedy, Town of, Lamar County010136September 30, 1974, Emerg; August 5, 1986, Reg; May 3, 2010, Susp......do-  -Do-.
    Lamar County, Unincorporated Areas010271March 16, 1976, Emerg; June 4, 1990, Reg; May 3, 2010, Susp......do-  -Do-.
    Millport, Town of, Lamar County010137August 30, 1974, Emerg; September 18, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Sulligent, Town of, Lamar County010138August 14, 1974, Emerg; June 25, 1976, Reg; May 3, 2010, Susp......do-  -Do-.
    Vernon, City of, Lamar County010139July 25, 1974, Emerg; December 17, 1987, Reg; May 3, 2010, Susp......do-  -Do-.
    Florida:
    Greenville, Town of, Madison County120150August 21, 1975, Emerg; July 1, 1987, Reg; May 3, 2010, Susp......do-  -Do-.
    Lee, Town of, Madison County120151September 26, 1975, Emerg; April 30, 1986, Reg; May 3, 2010, Susp......do-  -Do-.
    Madison, City of, Madison County120152August 1, 1975, Emerg; May 15, 1986, Reg; May 3, 2010, Susp......do-  -Do-.
    Madison County, Unincorporated Areas120149May 28, 1975, Emerg; June 4, 1987, Reg; May 3, 2010, Susp......do-  -Do-.
    Georgia:
    Griffin, City of, Spalding County130165November 20, 1974, Emerg; January 1, 1987, Reg; May 3, 2010, Susp......do-  -Do-.
    Spalding County, Unincorporated Areas130388N/A, Emerg; December 11, 1992, Reg; May 3, 2010, Susp......do-  -Do-.
    Region V
    Michigan:
    Brooklyn, Village of, Jackson County260335June 18, 1982, Emerg; June 18, 1982, Reg; May 3, 2010, Susp......do-  -Do-.
    Concord, Township of, Jackson County260946July 11, 1995, Emerg; May 3, 2010, Reg; May 3, 2010, Susp......do-  -Do-.
    Concord, Village of, Jackson County260423June 29, 1976, Emerg; March 1, 1982, Reg; May 3, 2010, Susp......do-  -Do-.
    Jackson, City of, Jackson County260273September 19, 1973, Emerg; December 15, 1977, Reg; May 3, 2010, Susp......do-  -Do-.
    Leoni, Township of, Jackson County260930May 11, 1995, Emerg; May 3, 2010, Reg; May 3, 2010, Susp......do-  -Do-.
    Norvell, Township of, Jackson County260424July 28, 1982, Emerg; September 30, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Algonac, City of, St. Clair County260191December 15, 1972, Emerg; January 5, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Burtchville, Township of, St. Clair County260193September 20, 1973, Emerg; August 1, 1986, Reg; May 3, 2010, Susp......do-  -Do-.
    China, Township of, St. Clair County260203August 16, 1974, Emerg; August 1, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Clay, Township of, St. Clair County260194December 22, 1972, Emerg; June 1, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Columbus, Township of, St. Clair County260507December 18, 1975, Emerg; September 1, 1986, Reg; May 3, 2010, Susp......do-  -Do-.
    Start Printed Page 19893
    Cottrellville, Township of, St. Clair County260196April 12, 1974, Emerg; September 17, 1980, Reg; May 3, 2010, Susp......do-  -Do-.
    East China, Township of, St. Clair County260197February 9, 1973, Emerg; July 3, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Fort Gratiot, Township of, St. Clair County260198March 23, 1973, Emerg; December 15, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Ira, Township of, St. Clair County260199December 8, 1972, Emerg; March 4, 1980, Reg; May 3, 2010, Susp......do-  -Do-.
    Kenockee, Township of, St. Clair County260915May 23, 1994, Emerg; May 3, 2010, Reg; May 3, 2010, Susp......do-  -Do-.
    Kimball, Township of, St. Clair County260594January 8, 1979, Emerg; August 5, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Marine City, City of, St. Clair County260200January 26, 1973, Emerg; August 1, 1979, Reg; May 3, 2010, Susp......do-  -Do-.
    Marysville, City of, St. Clair County260201June 11, 1973, Emerg; June 8, 1984, Reg; May 3, 2010, Susp......do-  -Do-.
    Memphis, City of, St. Clair County260202September 26, 1975, Emerg; May 4, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Port Huron, Township of, St. Clair County260672February 22, 1988, Emerg; September 4, 1991, Reg; May 3, 2010, Susp......do-  -Do-.
    St. Clair, City of, St. Clair County260279June 12, 1973, Emerg; June 15, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    St. Clair, Township of, St. Clair County260205March 9, 1973, Emerg; August 1, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Wales, Township of, St. Clair County260508October 19, 1981, Emerg; July 18, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Ohio:
    Blanchester, Village of, Clinton County390074N/A, Emerg; November 6, 1997, Reg; May 3, 2010, Susp......do-  -Do-.
    Clarksville, Village of, Clinton County390820June 9, 1999, Emerg; May 3, 2010, Reg; May 3, 2010, Susp......do-  -Do-.
    Clinton County, Unincorporated Areas390764January 29, 1979, Emerg; September 16, 1988, Reg; May 3, 2010, Susp......do-  -Do-.
    Sabina, Village of, Clinton County390627February 27, 1981, Emerg; November 15, 1981, Reg; May 3, 2010, Susp......do-  -Do-.
    Wilmington, City of, Clinton County390075October 17, 1974, Emerg; September 29, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    Wisconsin:
    Alma, City of, Buffalo County555540May 21, 1971, Emerg; December 8, 1972, Reg; May 3, 2010, Susp......do-  -Do-.
    Buffalo County, Unincorporated Areas555547May 7, 1971, Emerg; January 5, 1973, Reg; May 3, 2010, Susp......do-  -Do-.
    Buffalo, City of, Buffalo County555546March 19, 1971, Emerg; March 10, 1972, Reg; May 3, 2010, Susp......do-  -Do-.
    Cochrane, Village of, Buffalo County555550March 19, 1971, Emerg; February 25, 1972, Reg; May 3, 2010, Susp......do-  -Do-.
    Fountain City, City of, Buffalo County555555March 26, 1971, Emerg; April 20, 1972, Reg; May 3, 2010, Susp......do-  -Do-.
    Mondovi, City of, Buffalo County550031May 28, 1974, Emerg; June 1, 1981, Reg; May 3, 2010, Susp......do-  -Do-.
    Region VII
    Kansas:
    Jackson County, Unincorporated Areas200619June 14, 1982, Emerg; December 15, 1989, Reg; May 3, 2010, Susp......do-  -Do-.
    Missouri:
    Adrian, City of, Bates County290749July 27, 1976, Emerg; August 19, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Bates County, Unincorporated Areas290786October 10, 1997, Emerg; March 1, 2001, Reg; May 3, 2010, Susp......do-  -Do-.
    Butler, City of, Bates County290026January 30, 1975, Emerg; September 4, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Drexel, City of, Bates County290064June 23, 1975, Emerg; April 8, 1977, Reg; May 3, 2010, Susp......do-  -Do-.
    Anderson, City of, McDonald County290217October 1, 1980, Emerg; August 5, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    McDonald County, Unincorporated Areas290817June 30, 1999, Emerg; March 1, 2000, Reg; May 3, 2010, Susp......do-  -Do-.
    Noel, City of, McDonald County290218January 19, 1977, Emerg; September 4, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Start Printed Page 19894
    Pineville, City of, McDonald County290535June 28, 2003, Emerg; May 3, 2010, Reg; May 3, 2010, Susp......do-  -Do-.
    Southwest City, City of, McDonald County290528September 23, 1975, Emerg; September 4, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Pulaski County, Unincorporated Areas290826December 21, 1983, Emerg; April 17, 1985, Reg; May 3, 2010, Susp......do-  -Do-.
    Richland, City of, Pulaski County290656January 29, 1976, Emerg; September 10, 1984, Reg; May 3, 2010, Susp......do-  -Do-.
    St. Robert, City of, Pulaski County290662N/A, Emerg; November 30, 2004, Reg; May 3, 2010, Susp......do-  -Do-.
    Nebraska:
    Bennington, City of, Douglas County310074July 10, 1975, Emerg; December 4, 1979, Reg; May 3, 2010, Susp......do-  -Do-.
    Boys Town, Village of, Doulgas County310353July 7, 1977, Emerg; July 18, 1983, Reg; May 3, 2010, Susp......do-  -Do-.
    Douglas County, Unincorporated Areas310073November 15, 1974, Emerg; January 16, 1981, Reg; May 3, 2010, Susp......do-  -Do-.
    Omaha, City of, Douglas County315274November 6, 1970, Emerg; May 7, 1971, Reg; May 3, 2010, Susp......do-  -Do-.
    Valley, City of, Douglas County310078May 1, 1975, Emerg; March 18, 1980, Reg; May 3, 2010, Susp......do-  -Do-.
    Bellevue, City of, Sarpy County310191April 13, 1973, Emerg; January 16, 1980, Reg; May 3, 2010, Susp......do-  -Do-.
    La Vista, City of, Sarpy County310192April 23, 1974, Emerg; January 16, 1980, Reg; May 3, 2010, Susp......do-  -Do-.
    Papillion, City of, Sarpy County315275July 2, 1971, Emerg; August 18, 1972, Reg; May 3, 2010, Susp......do-  -Do-.
    Sarpy County, Unincorporated Areas310190February 23, 1973, Emerg; January 16, 1981, Reg; May 3, 2010, Susp......do-  -Do-.
    Region X
    Alaska:
    Nome, City of, Nome Census Area020069September 11, 1975, Emerg; September 1, 1983, Reg; May 3, 2010, Susp......do-  -Do-.
    Shishmaref, City of, Nome Census Area020084June 5, 1998, Emerg; August 23, 2001, Reg; May 3, 2010, Susp......do-  -Do-.
    Idaho:
    Coeur d'Alene, City of, Kootenai County160078June 25, 1975, Emerg; September 2, 1982, Reg; May 3, 2010, Susp......do-  -Do-.
    Fernan Lake, City of, Kootenai County160079May 11, 1976, Emerg; February 17, 1982, Reg; May 3, 2010, Susp......do-  -Do-.
    Harrison, City of, Kootenai County160080March 3, 1976, Emerg; August 3, 1984, Reg; May 3, 2010, Susp......do-  -Do-.
    Hayden Lake, City of, Kootenai County160082January 12, 1976, Emerg; September 1, 1981, Reg; May 3, 2010, Susp......do-  -Do-.
    Kootenai County, Unincorporated Areas160076April 8, 1974, Emerg; March 1, 1982, Reg; May 3, 2010, Susp......do-  -Do-.
    Post Falls, City of, Kootenai County160083June 16, 1975, Emerg; February 17, 1982, Reg; May 3, 2010, Susp......do-  -Do-.
    Rathdrum, City of, Kootenai County160187April 23, 1975, Emerg; September 28, 1984, Reg; May 3, 2010, Susp......do-  -Do-.
    Spirit Lake, City of, Kootenai County160084May 28, 1975, Emerg; May 26, 1978, Reg; May 3, 2010, Susp......do-  -Do-.
    * -do- = Ditto.
    Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Start Signature
    Start Printed Page 19895

    Dated: April 5, 2010.

    Sandra K. Knight,

    Deputy Federal Insurance and Mitigation Administrator, Mitigation.

    End Signature End Supplemental Information

    [FR Doc. 2010-8751 Filed 4-15-10; 8:45 am]

    BILLING CODE 9110-12-P

Visit the Official Version
Leave a Comment

Document Information

Published:
04/16/2010
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
2010-8751
Pages:
19891-19895 (5 pages)
Docket Numbers:
Docket ID FEMA-2010-0003, Internal Agency Docket No. FEMA-8127
Topics:
Flood insurance, Flood plains
PDF File:
2010-8751.pdf
CFR: (1)
44 CFR 64.6