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Home » 2010 Issues » 75 FR (05/21/2010) » 2010-12203. Suspension of Community Eligibility

  2010-12203. 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.”) Start Printed Page 28493listed 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:

    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 I    
    Massachusetts:
    Acton, Town of, Middlesex County250176March 24, 1972, Emerg; June 15, 1978, Reg; June 4, 2010, SuspJune 4, 2010June 4, 2010.
    Arlington, Town of, Middlesex County250177January 16, 1974, Emerg; July 5, 1982, Reg; June 4, 2010, Susp......*do Do.
    Ashby, Town of, Middlesex County250178January 31, 1996, Emerg; August 1, 1996, Reg; June 4, 2010, Susp.......do Do.
    Ashland, Town of, Middlesex County250179April 24, 1975, Emerg; July 16, 1981, Reg; June 4, 2010, Susp......do Do.
    Ayer, Town of, Middlesex County250180November 7, 1974, Emerg; July 19, 1982, Reg; June 4, 2010, Susp......do Do.
    Bedford, Town of, Middlesex County255209April 2, 1971, Emerg; September 7, 1973, Reg; June 4, 2010, Susp......do Do.
    Start Printed Page 28494
    Belmont, Town of, Middlesex County250182September 6, 1974, Emerg; June 15, 1982, Reg; June 4, 2010, Susp......do Do.
    Billerica, Town of, Middlesex County250183August 18, 1972, Emerg; November 5, 1980, Reg; June 4, 2010, Susp......do Do.
    Boxborough, Town of, Middlesex County250184April 11, 1975, Emerg; September 15, 1978, Reg; June 4, 2010, Susp......do Do.
    Burlington, Town of, Middlesex County250185January 2, 1976, Emerg; July 5, 1984, Reg; June 4, 2010, Susp......do Do.
    Cambridge, City of, Middlesex County250186July 24, 1975, Emerg; July 5, 1982, Reg; June 4, 2010, Susp......do Do.
    Carlisle, Town of, Middlesex County250187January 13, 1976, Emerg; October 15, 1980, Reg; June 4, 2010, Susp......do Do.
    Chelmsford, Town of, Middlesex County250188December 6, 1973, Emerg; June 4, 1980, Reg; June 4, 2010, Susp......do Do.
    Concord, Town of, Middlesex County250189June 9, 1972, Emerg; June 15, 1979, Reg; June 4, 2010, Susp......do Do.
    Dracut, Town of, Middlesex County250190May 6, 1974, Emerg; July 2, 1980, Reg; June 4, 2010, Susp......do Do.
    Dunstable, Town of, Middlesex County250191December 8, 1986, Emerg; December 8, 1986, Reg; June 4, 2010, Susp......do Do.
    Everett, City of, Middlesex County250192June 30, 1975, Emerg; June 3, 1986, Reg; June 4, 2010, Susp......do Do.
    Framingham, Town of, Middlesex County250193August 2, 1974, Emerg; February 3, 1982, Reg; June 4, 2010, Susp......do Do.
    Groton, Town of, Middlesex County250194October 30, 1975, Emerg; July 5, 1982, Reg; June 4, 2010, Susp......do Do.
    Holliston, Town of, Middlesex County250195December 5, 1975, Emerg; September 30, 1980, Reg; June 4, 2010, Susp......do Do.
    Hopkinton, Town of, Middlesex County250196December 3, 1975, Emerg; July 5, 1982, Reg; June 4, 2010, Susp......do Do.
    Hudson, Town of, Middlesex County250197August 8, 1975, Emerg; December 15, 1979, Reg; June 4, 2010, Susp......do Do.
    Lexington, Town of, Middlesex County250198July 31, 1975, Emerg; June 1, 1978, Reg; June 4, 2010, Susp......do Do.
    Lincoln, Town of, Middlesex County250199December 24, 1975, Emerg; June 1, 1978, Reg; June 4, 2010, Susp......do Do.
    Littleton, Town of, Middlesex County250200July 9, 1975, Emerg; June 15, 1983, Reg; June 4, 2010, Susp......do Do.
    Lowell, City of, Middlesex County250201January 14, 1972, Emerg; April 16, 1979, Reg; June 4, 2010, Susp......do Do.
    Malden, City of, Middlesex County250202July 25, 1975, Emerg; May 19, 1987, Reg; June 4, 2010, Susp......do Do.
    Marlborough, City of, Middlesex County250203July 25, 1975, Emerg; January 6, 1982, Reg; June 4, 2010, Susp......do Do.
    Maynard, Town of, Middlesex County250204January 16, 1976, Emerg; June 15, 1979, Reg; June 4, 2010, Susp......do Do.
    Medford, City of, Middlesex County250205May 20, 1975, Emerg; June 3, 1986, Reg; June 4, 2010, Susp......do Do.
    Melrose, City of, Middlesex County250206June 9, 1975, Emerg; August 5, 1986, Reg; June 4, 2010, Susp......do Do.
    Natick, Town of, Middlesex County250207March 26, 1975, Emerg; February 1, 1980, Reg; June 4, 2010, Susp......do Do.
    Newton, City of, Middlesex County250208February 25, 1972, Emerg; June 1, 1978, Reg; June 4, 2010, Susp......do Do.
    North Reading, Town of, Middlesex County250209March 17, 1972, Emerg; April 3, 1978, Reg; June 4, 2010, Susp......do Do.
    Pepperell, Town of, Middlesex County250210January 29, 1975, Emerg; July 2, 1981, Reg; June 4, 2010, Susp......do Do.
    Reading, Town of, Middlesex County250211July 11, 1975, Emerg; July 2, 1981, Reg; June 4, 2010, Susp......do Do.
    Sherborn, Town of, Middlesex County250212June 13, 1978, Emerg; June 18, 1980, Reg; June 4, 2010, Susp......do Do.
    Shirley, Town of, Middlesex County250213July 22, 1975, Emerg; July 5, 1983, Reg; June 4, 2010, Susp......do Do.
    Somerville, City of, Middlesex County250214February 4, 1974, Emerg; July 17, 1986, Reg; June 4, 2010, Susp......do Do.
    Stoneham, Town of, Middlesex County250215October 3, 1975, Emerg; July 3, 1986, Reg; June 4, 2010, Susp......do Do.
    Start Printed Page 28495
    Stow, Town of, Middlesex County250216October 1, 1975, Emerg; August 1, 1979, Reg; June 4, 2010, Susp......do Do.
    Sudbury, Town of, Middlesex County250217August 1, 1975, Emerg; June 1, 1982, Reg; June 4, 2010, Susp......do Do.
    Tewksbury, Town of, Middlesex County250218December 10, 1971, Emerg; July 18, 1977, Reg; June 4, 2010, Susp......do Do.
    Townsend, Town of, Middlesex County250219October 10, 1975, Emerg; August 2, 1982, Reg; June 4, 2010, Susp......do Do.
    Tyngsborough, Town of, Middlesex County250220June 18, 1975, Emerg; September 2, 1982, Reg; June 4, 2010, Susp......do Do.
    Wakefield, Town of, Middlesex County250221March 26, 1974, Emerg; October 17, 1978, Reg; June 4, 2010, Susp......do Do.
    Waltham, City of, Middlesex County250222July 1, 1975, Emerg; December 18, 1979, Reg; June 4, 2010, Susp......do Do.
    Watertown, Town of, Middlesex County250223December 5, 1974, Emerg; September 30, 1980, Reg; June 4, 2010, Susp......do Do.
    Wayland, City of, Middlesex County250224March 21, 1975, Emerg; June 1, 1982, Reg; June 4, 2010, Susp......do Do.
    Westford, Town of, Middlesex County250225October 3, 1975, Emerg; June 15, 1983, Reg; June 4, 2010, Susp......do Do.
    Weston, Town of, Middlesex County250226July 30, 1975, Emerg; July 2, 1980, Reg; June 4, 2010, Susp......do Do.
    Wilmington, Town of, Middlesex County250227July 1, 1974, Emerg; June 15, 1982, Reg; June 4, 2010, Susp......do Do.
    Winchester, Town of, Middlesex County250228August 11, 1975, Emerg; June 18, 1980, Reg; June 4, 2010, Susp......do Do.
    Woburn, City of, Middlesex County250229June 26, 1975, Emerg; July 2, 1980, Reg; June 4, 2010, Susp......do Do.
    Region IV
    Alabama:
    Berry, Town of, Fayette County010255July 9, 1976, Emerg; June 3, 1986, Reg; June 4, 2010, Susp......do Do.
    Fayette, City of, Fayette County010084July 17, 1974, Emerg; March 1, 1984, Reg; June 4, 2010, Susp......do Do.
    Fayette County, Unincorporated Areas010219June 17, 1976, Emerg; September 18, 1985, Reg; June 4, 2010, Susp......do Do.
    Glen Allen, Town of, Fayette County010256August 25, 1975, Emerg; September 18, 1985, Reg; June 4, 2010, Susp......do Do.
    Florida:
    Hamilton County, Unincorporated Areas120101February 12, 1975, Emerg; June 4, 1987, Reg; June 4, 2010, Susp......do Do.
    Jasper, City of, Hamilton County120587N/A, Emerg; July 27, 2006, Reg; June 4, 2010, Susp......do Do.
    White Springs, Town of, Hamilton County120102November 5, 1975, Emerg; June 4, 1987, Reg; June 4, 2010, Susp......do Do.
    Tennessee:
    Dunlap, City of, Sequatchie County470270September 29, 1975, Emerg; March 4, 1988, Reg; June 4, 2010, Susp......do Do.
    Lake County, Unincorporated Areas470334April 22, 1975, Emerg; March 16, 1981, Reg; June 4, 2010, Susp......do Do.
    Region V
    Michigan:
    Centreville, Village of, St. Joseph County260509April 5, 1979, Emerg; September 30, 1988, Reg; June 4, 2010, Susp......do Do.
    Colon, Township of, St. Joseph County260510March 9, 1977, Emerg; September 16, 1988, Reg; June 4, 2010, Susp......do Do.
    Colon, Village of, St. Joseph County260511March 9, 1977, Emerg; March 2, 1979, Reg; June 4, 2010, Susp......do Do.
    Constantine, Village of, St. Joseph County260512September 23, 1976, Emerg; August 19, 1986, Reg; June 4, 2010, Susp......do Do.
    Fabius, Township of, St. Joseph County260781November 13, 1986, Emerg; September 30, 1988, Reg; June 4, 2010, Susp......do Do.
    Lockport, Township of, St. Joseph County260715August 30, 1982, Emerg; February 17, 1989, Reg; June 4, 2010, Susp......do Do.
    Mendon, Township of, St. Joseph County260513May 28, 1982, Emerg; July 2, 1987, Reg; June 4, 2010, Susp......do Do.
    Mendon, Village of, St. Joseph County261136July 6, 2007, Emerg; June 4, 2010, Reg; June 4, 2010, Susp......do Do.
    Start Printed Page 28496
    Nottawa, Township of, St. Joseph County260514January 24, 1978, Emerg; March 2, 1989, Reg; June 4, 2010, Susp......do Do.
    Park, Township of, St. Joseph County261122June 30, 2009, Emerg; June 4, 2010, Reg; June 4, 2010, Susp......do Do.
    Three Rivers, City of, St. Joseph County260206April 28, 1975, Emerg; December 15, 1990, Reg; June 4, 2010, Susp......do Do.
    White Pigeon, Village of, St. Joseph County261138May 21, 2009, Emerg; June 4, 2010, Reg; June 4, 2010, Susp......do Do.
    Minnesota:
    Arden Hills, City of, Ramsey County270375January 21, 1975, Emerg; July 2, 1981, Reg; June 4, 2010, Susp......do Do.
    Little Canada, City of, Ramsey County270377May 24, 1977, Emerg; November 3, 1982, Reg; June 4, 2010, Susp......do Do.
    Maplewood, City of, Ramsey County270378April 23, 1974, Emerg; August 5, 1986, Reg; June 4, 2010, Susp......do Do.
    Mounds View, City of, Ramsey County270379July 23, 1975, Emerg; March 2, 1983, Reg; June 4, 2010, Susp......do Do.
    New Brighton, City of, Ramsey County270380April 5, 1974, Emerg; September 1, 1978, Reg; June 4, 2010, Susp......do Do.
    North St. Paul, City of, Ramsey County270382May 9, 1974, Emerg; September 15, 1978, Reg; June 4, 2010, Susp......do Do.
    Roseville, City of, Ramsey County270599February 9, 1976, Emerg; March 30, 1981, Reg; June 4, 2010, Susp......do Do.
    Shoreview, City of, Ramsey County270384May 2, 1975, Emerg; April 1, 1981, Reg; June 4, 2010, Susp......do Do.
    St. Paul, City of, Ramsey County275248April 2, 1971, Emerg; February 9, 1973, Reg; June 4, 2010, Susp......do Do.
    Vadnais Heights, City of, Ramsey County270385July 3, 1974, Emerg; June 30, 1976, Reg; June 4, 2010, Susp......do Do.
    White Bear, Township of, Ramsey County270688March 9, 1977, Emerg; September 18, 1985, Reg; June 4, 2010, Susp......do Do.
    White Bear Lake, City of, Ramsey and Washington Counties270386April 28, 1975, Emerg; September 4, 1987, Reg; June 4, 2010, Susp......do Do.
    Ohio:
    Carroll County, Unincorporated Areas390763May 11, 1990, Emerg; September 28, 1990, Reg; June 4, 2010, Susp......do Do.
    Delroy, Village of, Carroll County390049March 11, 1977, Emerg; August 19, 1987, Reg; June 4, 2010, Susp......do Do.
    Magnolia, Village of, Carroll and Stark Counties390051February 2, 1976, Emerg; September 1, 1986, Reg; June 4, 2010, Susp......do Do.
    Malvern, Village of, Carroll County390052May 14, 1975, Emerg; July 3, 1995, Reg; June 4, 2010, Susp......do Do.
    Region VI
    New Mexico:
    Artesia, City of, Eddy County350016April 4, 1975, Emerg; February 4, 1981, Reg; June 4, 2010, Susp......do Do.
    Carlsbad, City of, Eddy County350017July 21, 1972, Emerg; March 15, 1978, Reg; June 4, 2010, Susp......do Do.
    Eddy County, Unincorporated Areas350120October 22, 1975, Emerg; April 22, 2004, Reg; June 4, 2010, Susp Do Do.
    Texas:
    Amarillo, City of, Potter and Randall Counties480529March 30, 1973, Emerg; July 19, 1982, Reg; June 4, 2010, Susp......do Do.
    Canyon, City of, Randall County480533August 29, 1974, Emerg; September 20, 1982, Reg; June 4, 2010, Susp......do Do.
    Lake Tanglewood, Village of, Randall County481259July 21, 1975, Emerg; September 30, 1982, Reg; June 4, 2010, Susp......do Do.
    Palisades, Village of, Randall County481666N/A, Emerg; June 12, 1995, Reg; June 4, 2010, Susp......do Do.
    Timbercreek Canyon, Village of, Randall County485518January 26, 1984, Emerg; January 26, 1984, Reg; June 4, 2010, Susp......do Do.
    Potter County, Unincorporated Areas481241February 25, 2004, Emerg; June 4, 2010, Reg; June 4, 2010, Susp......do Do.
    Randall County, Unincorporated Areas480532June 13, 1978, Emerg; September 30, 1982, Reg; June 4, 2010, Susp......do Do.
    Start Printed Page 28497
    Region X
    Alaska: Hoonah, City of, Skagway-Hoonah-Angoon Census Area020049June 14, 1976, Emerg; April 2, 1979, Reg; June 4, 2010, Susp......do Do.
    *do =Ditto.
    Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Start Signature

    Dated: May 11, 2010.

    Sandra K. Knight,

    Deputy Federal Insurance and Mitigation Administrator, Mitigation.

    End Signature End Supplemental Information

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

    BILLING CODE 9110-12-P

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Document Information

Comments Received:
0 Comments
Published:
05/21/2010
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
2010-12203
Pages:
28492-28497 (6 pages)
Docket Numbers:
Docket ID FEMA-2010-0003, Internal Agency Docket No. FEMA-8131
Topics:
Flood insurance, Flood plains
PDF File:
2010-12203.pdf
CFR: (1)
44 CFR 64.6