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Home » 2010 Issues » 75 FR (06/23/2010) » 2010-15228. Suspension of Community Eligibility

  2010-15228. 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 Start Printed Page 35667environmental 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:
    Aquinnah, Town of, Dukes County250070September 7, 1976, Emerg; October 15, 1985, Reg; July 6, 2010, SuspJuly 6, 2010July 6, 2010.
    Edgartown, Town of, Dukes County250069July 7, 1975, Emerg; July 2, 1980, Reg; July 6, 2010, Susp......do*  Do.
    Gosnold, Town of, Dukes County250071September 29, 1977, Emerg; June 4, 1980, Reg; July 6, 2010, Susp......do  Do.
    Oak Bluffs, Town of, Dukes County250072February 6, 1974, Emerg; July 2, 1980, Reg; July 6, 2010, Susp......do  Do.
    Tisbury, Town of, Dukes County250073June 20, 1975, Emerg; June 15, 1984, Reg; July 6, 2010, Susp......do  Do.
    West Tisbury, Town of, Dukes County250074March 29, 1978, Emerg; October 15, 1985, Reg; July 6, 2010, Susp......do  Do.
    Region II
    New Jersey:
    Carteret, Borough of, Middlesex County340257April 4, 1973, Emerg; November 15, 1978, Reg; July 6, 2010, Susp......do  Do.
    Cranbury, Township of, Middlesex County340258June 12, 1975, Emerg; May 17, 1982, Reg; July 6, 2010, Susp......do  Do.
    Dunellen, Borough of, Middlesex County340259December 22, 1972, Emerg; April 1, 1977, Reg; July 6, 2010, Susp......do  Do.
    East Brunswick, Township of, Middlesex County340260September 15, 1972, Emerg; January 6, 1982, Reg; July 6, 2010, Susp......do  Do.
    Edison, Township of, Middlesex County340261October 6, 1972, Emerg; August 16, 1982, Reg; July 6, 2010, Susp......do  Do.
    Helmetta, Borough of, Middlesex County340262February 18, 1975, Emerg; October 16, 1984, Reg; July 6, 2010, Susp......do  Do.
    Highland Park, Borough of, Middlesex County340263April 7, 1972, Emerg; June 1, 1977, Reg; July 6, 2010, Susp......do  Do.
    Jamesburg, Borough of, Middlesex County340264October 28, 1975, Emerg; May 15, 1984, Reg; July 6, 2010, Susp......do  Do.
    Metuchen, Borough of, Middlesex County340266January 14, 1972, Emerg; December 4, 1979, Reg; July 6, 2010, Susp......do  Do.
    Middlesex, Borough of, Middlesex County345305September 25, 1970, Emerg; July 9, 1971, Reg; July 6, 2010, Susp......do  Do.
    Milltown, Borough of, Middlesex County340268February 1, 1974, Emerg; February 4, 1981, Reg; July 6, 2010, Susp......do  Do.
    Monroe, Township of, Middlesex County340269February 25, 1973, Emerg; April 17, 1985, Reg; July 6, 2010, Susp......do  Do.
    New Brunswick, City of, Middlesex County340270September 15, 1972, Emerg; December 4, 1979, Reg; July 6, 2010, Susp......do  Do.
    North Brunswick, Township of, Middlesex County340271May 13, 1974, Emerg; May 1, 1980, Reg; July 6, 2010, Susp......do  Do.
    Old Bridge, Township of, Middlesex County340265August 13, 1971, Emerg; November 15, 1985, Reg; July 6, 2010, Susp......do  Do.
    Perth Amboy, City of, Middlesex County340272June 25, 1975, Emerg; December 18, 1979, Reg; July 6, 2010, Susp......do  Do.
    Start Printed Page 35668
    Piscataway, Township of, Middlesex County340274December 27, 1974, Emerg; January 18, 1984, Reg; July 6, 2010, Susp......do  Do.
    Plainsboro, Township of, Middlesex County340275April 14, 1975, Emerg; June 19, 1985, Reg; July 6, 2010, Susp......do  Do.
    Sayreville, Borough of, Middlesex County340276January 21, 1974, Emerg; March 16, 1981, Reg; July 6, 2010, Susp......do  Do.
    South Amboy, City of, Middlesex County340277September 27, 1974, Emerg; December 4, 1979, Reg; July 6, 2010, Susp......do  Do.
    South Brunswick, Township of, Middlesex County340278June 19, 1974, Emerg; December 18, 1985, Reg; July 6, 2010, Susp......do  Do.
    South Plainfield, Borough of, Middlesex County340279September 4, 1973, Emerg; August 1, 1980, Reg; July 6, 2010, Susp......do  Do.
    South River, Borough of, Middlesex County340280June 18, 1974, Emerg; June 4, 1980, Reg; July 6, 2010, Susp......do  Do.
    Spotswood, Borough of, Middlesex County340282October 31, 1973, Emerg; December 18, 1979, Reg; July 6, 2010, Susp......do  Do.
    Woodbridge, Township of, Middlesex County345331September 25, 1970, Emerg; June 2, 1972, Reg; July 6, 2010, Susp......do  Do.
    Region III
    West Virginia:
    Davis, Town of, Tucker County540260April 18, 1975, Emerg; July 20, 1984, Reg; July 6, 2010, Susp......do  Do.
    Hambleton, Town of, Tucker County540192July 2, 1975, Emerg; July 20, 1984, Reg; July 6, 2010, Susp......do  Do.
    Hendricks, Town of, Tucker County540193August 7, 1975, Emerg; August 1, 1987, Reg; July 6, 2010, Susp......do  Do.
    Parsons, City of, Tucker County540194April 17, 1975, Emerg; August 15, 1979, Reg; July 6, 2010, Susp......do  Do.
    Thomas, City of, Tucker County540261October 16, 1975, Emerg; September 10, 1984, Reg; July 6, 2010, Susp......do  Do.
    Tucker County, Unincorporated Areas540191December 23, 1975, Emerg; July 1, 1987, Reg; July 6, 2010, Susp......do  Do.
    Region IV
    Georgia:
    Elberton, City of, Elbert County130077April 22, 1975, Emerg; April 15, 1986, Reg; July 6, 2010, Susp......do  Do.
    Lincoln County, Unincorporated Areas130665July 15, 2008, Emerg; July 6, 2010, Reg; July 6, 2010, Susp......do  Do.
    Mississippi:
    Tylertown, Town of, Walthall County280175February 27, 1975, Emerg; September 30, 1988, Reg; July 6, 2010, Susp......do  Do.
    Walthall County, Unincorporated Areas280307May 20, 1980, Emerg; August 1, 1986, Reg; July 6, 2010, Susp......do  Do.
    Region V
    Ohio:
    Green Camp, Village of, Marion County390374August 1, 1975, Emerg; February 4, 1987, Reg; July 6, 2010, Susp......do  Do.
    La Rue, Village of, Marion County390375March 21, 1975, Emerg; February 4, 1987, Reg; July 6, 2010, Susp......do  Do.
    Marion County, Unincorporated Areas390774February 28, 1977, Emerg; February 4, 1987, Reg; July 6, 2010, Susp......do  Do.
    Frazeysburg, Village of, Muskingum County390426N/A, Emerg; February 9, 2005, Reg; July 6, 2010, Susp......do  Do.
    Muskingum County, Unincorporated Areas390425April 28, 1976, Emerg; June 3, 1988, Reg; July 6, 2010, Susp......do  Do.
    Philo, Village of, Muskingum County390851N/A, Emerg; December 29, 2005, Reg; July 6, 2010, Susp......do  Do.
    Wisconsin: Clark County, Unincorporated Areas550048June 25, 1974, Emerg; August 15, 1990, Reg; July 6, 2010, Susp......do  Do.
    Colby, City of, Clark and Marathon Counties550049November 29, 1974, Emerg; September 18, 1985, Reg; July 6, 2010, Susp......do  Do.
    Greenwood, City of, Clark County550051November 11, 1974, Emerg; September 4, 1985, Reg; July 6, 2010, Susp......do  Do.
    Loyal, City of, Clark County550052August 22, 1974, Emerg; September 4, 1985, Reg; July 6, 2010, Susp......do  Do.
    Neillsville, City of, Clark County550053January 30, 1974, Emerg; July 17, 1978, Reg; July 6, 2010, Susp......do  Do.
    Start Printed Page 35669
    Owen, City of, Clark County550054November 20, 1974, Emerg; July 6, 2010, Reg; July 6, 2010, Susp......do  Do.
    Thorp, City of, Clark County550055May 9, 1975, Emerg; August 15, 1984, Reg; July 6, 2010, Susp......do  Do.
    Region VI
    Arkansas:
    Crittenden County, Unincorporated Areas050429May 18, 1983, Emerg; November 1, 1985, Reg; July 6, 2010, Susp......do  Do.
    Earle, City of, Crittenden County050054June 20, 1974, Emerg; January 3, 1986, Reg; July 6, 2010, Susp......do  Do.
    Edmondson, Town of, Crittenden County050409November 8, 1976, Emerg; March 18, 1986, Reg; July 6, 2010, Susp......do  Do.
    Horseshoe Lake, Town of, Crittenden County055057N/A, Emerg; January 18, 2006, Reg; July 6, 2010, Susp......do  Do.
    Marion, City of, Crittenden County050345July 9, 1975, Emerg; September 1, 1987, Reg; July 6, 2010, Susp......do  Do.
    Turrell, City of, Crittenden County050370July 9, 1976, Emerg; February 1, 1988, Reg; July 6, 2010, Susp......do  Do.
    West Memphis, City of, Crittenden County050055June 6, 1974, Emerg; July 16, 1980, Reg; July 6, 2010, Susp......do  Do.
    Region VII
    Kansas:
    Manhattan, City of, Pottawatomie and Riley Counties200300January 30, 1974, Emerg; April 1, 1982, Reg; July 6, 2010, Susp......do  Do.
    Riley County, Unincorporated Areas200298June 23, 1975, Emerg; April 1, 1982, Reg; July 6, 2010, Susp......do  Do.
    Region VIII
    Colorado:
    Collbran, Town of, Mesa County080116August 12, 1975, Emerg; April 15, 1982, Reg; July 6, 2010, Susp......do  Do.
    De Beque, Town of, Mesa County080307January 25, 1985, Emerg; April 17, 1989, Reg; July 6, 2010, Susp......do  Do.
    Fruita, City of, Mesa County080194June 5, 1975, Emerg; December 1, 1981, Reg; July 6, 2010, Susp......do  Do.
    Grand Junction, City of, Mesa County080117October 13, 1978, Emerg; January 6, 1983, Reg; July 6, 2010, Susp......do  Do.
    Mesa County, Unincorporated Areas080115July 26, 1973, Emerg; July 3, 1978, Reg; July 6, 2010, Susp......do  Do.
    Palisade, Town of, Mesa County080198September 27, 1982, Emerg; February 5, 1986, Reg; July 6, 2010, Susp......do  Do.
    North Dakota:
    Dunseith, City of, Rolette County380103June 2, 1975, Emerg; February 19, 1986, Reg; July 6, 2010, Susp......do  Do.
    St. John, City of, Rolette County380106July 2, 1975, Emerg; October 1, 1986, Reg; July 6, 2010, Susp......do  Do.
    Turtle Mountain Band of Chippewa Indian Reservation, Rolette County380714March 29, 1999, Emerg; July 6, 2010, Reg; July 6, 2010, Susp......do  Do.
    South Dakota:
    Mission Hill, Town of, Yankton County460091November 28, 1975, Emerg; June 18, 1980, Reg; July 6, 2010, Susp......do  Do.
    Yankton, City of, Yankton County460093August 22, 1974, Emerg; August 15, 1980, Reg; July 6, 2010, Susp......do  Do.
    Yankton County, Unincorporated Areas460088May 16, 1975, Emerg; October 1, 1986, Reg; July 6, 2010, Susp......do  Do.
    Region X
    Washington:
    Cheney, City of, Spokane County530175May 1, 1975, Emerg; November 6, 1979, Reg; July 6, 2010, Susp......do  Do.
    Deer Park, City of, Spokane County530176July 3, 1975, Emerg; December 26, 1979, Reg; July 6, 2010, Susp......do  Do.
    Fairfield, Town of, Spokane County530177November 17, 1975, Emerg; October 16, 1979, Reg; July 6, 2010, Susp......do  Do.
    Medical Lake, City of, Spokane County530179July 2, 1975, Emerg; November 8, 1984, Reg; July 6, 2010, Susp......do  Do.
    Millwood, City of, Spokane County530180March 3, 1975, Emerg; June 15, 1979, Reg; July 6, 2010, Susp......do  Do.
    Rockford, Town of, Spokane County530181March 15, 1976, Emerg; October 2, 1979, Reg; July 6, 2010, Susp......do  Do.
    Start Printed Page 35670
    Spokane, City of, Spokane County530183October 25, 1973, Emerg; August 1, 1980, Reg; July 6, 2010, Susp......do  Do.
    Spokane Valley, City of, Spokane County530342N/A, Emerg; April 1, 2004, Reg; July 6, 2010, Susp......do  Do.
    Spokane County, Unincorporated Areas530174May 30, 1975, Emerg; May 17, 1988, Reg; July 6, 2010, Susp......do  Do.

    *......do and Do. = Ditto.

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

    Start Signature

    Dated: June 16, 2010.

    Sandra K. Knight,

    Deputy Federal Insurance and Mitigation Administrator, Mitigation.

    End Signature End Supplemental Information

    [FR Doc. 2010-15228 Filed 6-22-10; 8:45 am]

    BILLING CODE 9110-12-P

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Document Information

Comments Received:
0 Comments
Published:
06/23/2010
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
2010-15228
Pages:
35666-35670 (5 pages)
Docket Numbers:
Docket ID FEMA-2010-0003, Internal Agency Docket No. FEMA-8135
Topics:
Flood insurance, Flood plains
PDF File:
2010-15228.pdf
CFR: (1)
44 CFR 64.6