2010-29418. 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:
Coventry, Town of, Kent County	440004	November 21, 1973, Emerg; September 1, 1978, Reg; December 3, 2010, Susp.	Dec. 3, 2010	Dec. 3, 2010.
East Greenwich, Town of, Kent County	445397	July 16, 1971, Emerg; February 9, 1973, Reg; December 3, 2010, Susp.	......do*	do.
Warwick, City of, Kent County	445409	June 19, 1970, Emerg; April 6, 1973, Reg; December 3, 2010, Susp.	......do	do.
West Greenwich, Town of, Kent County	440037	October 10, 1975, Emerg; January 3, 1986, Reg; December 3, 2010, Susp.	......do	do.
West Warwick, Town of, Kent County	440007	September 1, 1972, Emerg; February 1, 1978, Reg; December 3, 2010, Susp.	......do	do.
Region IV
Tennessee: Woodbury, Town of, Cannon County	470021	May 23, 1973, Emerg; September 1, 1977, Reg; December 3, 2010, Susp.	......do	do.
Region V
Indiana:
Bedford, City of, Lawrence County	180148	April 17, 1975, Emerg; September 4, 1987, Reg; December 3, 2010, Susp.	......do	do.
Lawrence County, Unincorporated Areas	180441	June 24, 1993, Emerg; June 1, 1994, Reg; December 3, 2010, Susp.	......do	do.
Michigan:
Clare, City of, Clare and Isabella Counties	260629	August 26, 1975, Emerg; February 5, 1992, Reg; December 3, 2010, Susp.	......do	do.
Redding, Township of, Clare County	260382	June 28, 1979, Emerg; June 17, 1986, Reg; December 3, 2010, Susp.	......do	do.
Surrey, Township of, Clare County	261337	November 24, 2009, Emerg; December 3, 2010, Reg; December 3, 2010, Susp.	......do	do.
Ohio: Adams County, Unincorporated Areas	390001	March 14, 1978, Emerg; February 3, 2003, Reg; December 3, 2010, Susp.	......do	do.
Manchester, Village of, Adams County	390002	October 25, 1974, Emerg; August 1, 1978, Reg; December 3, 2010, Susp.	......do	do.
Rome, Village of, Adams County	390003	February 16, 1977, Emerg; October 18, 1983, Reg; December 3, 2010, Susp.	......do	do.
Bay Village, City of, Cuyahoga County	390093	June 14, 1974, Emerg; December 1, 1977, Reg; December 3, 2010, Susp.	......do	do.
Beachwood, City of, Cuyahoga County	390094	November 26, 1975, Emerg; April 20, 1979, Reg; December 3, 2010, Susp.	......do	do.
Bedford Heights, City of, Cuyahoga County	390096	June 11, 1975, Emerg; September 17, 1980, Reg; December 3, 2010, Susp.	......do	do.
Bedford, City of, Cuyahoga County	390095	July 11, 1975, Emerg; January 2, 1981, Reg; December 3, 2010, Susp.	......do	do.
Bentleyville, Village of, Cuyahoga County	390682	March 24, 1976, Emerg; August 1, 1980, Reg; December 3, 2010, Susp.	......do	do.
Berea, City of, Cuyahoga County	390097	April 21, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
Bratenahl, Village of, Cuyahoga County	390734	June 9, 1975, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.	......do	do.
Brecksville, City of, Cuyahoga County	390098	July 11, 1975, Emerg; January 16, 1981, Reg; December 3, 2010, Susp.	......do	do.
Broadview Heights, City of, Cuyahoga County	390099	November 21, 1975, Emerg; March 2, 1979, Reg; December 3, 2010, Susp.	......do	do.
Brook Park, City of, Cuyahoga County	390102	April 21, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
Brooklyn Heights, Village of, Cuyahoga County	390101	May 16, 1975, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.	......do	do.
Brooklyn, City of, Cuyahoga County	390100	July 3, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
Chagrin Falls, Village of, Cuyahoga County	390103	July 29, 1975, Emerg; July 2, 1980, Reg; December 3, 2010, Susp.	......do	do.
Cleveland Heights, City of, Cuyahoga County	390105	April 11, 1975, Emerg; June 25, 1976, Reg; December 3, 2010, Susp.	......do	do.
Cleveland, City of, Cuyahoga County	390104	July 20, 1973, Emerg; August 1, 1978, Reg; December 3, 2010, Susp.	......do	do.
Cuyahoga County, Unincorporated Areas	390766	October 4, 1979, Emerg; April 2, 1986, Reg; December 3, 2010, Susp.	......do	do.
Cuyahoga Heights, Village of, Cuyahoga County	390654	June 18, 1976, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.	......do	do.
Euclid, City of, Cuyahoga County	390107	July 3, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Fairview Park, City of, Cuyahoga County	390108	June 24, 1975, Emerg; February 4, 1983, Reg; December 3, 2010, Susp.	......do	do.
Garfield Heights, City of, Cuyahoga County	390109	September 18, 1970, Emerg; July 9, 1971, Reg; December 3, 2010, Susp.	......do	do.
Gates Mills, Village of, Cuyahoga County	390593	June 4, 1973, Emerg; April 3, 1978, Reg; December 3, 2010, Susp.	......do	do.
Glenwillow, Village of, Cuyahoga County	390735	March 14, 1978, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.	......do	do.
Highland Heights, City of, Cuyahoga County	390110	November 10, 1976, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
Independence, City of, Cuyahoga County	390111	July 22, 1975, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.	......do	do.
Lakewood, City of, Cuyahoga County	390112	March 30, 1973, Emerg; February 1, 1978, Reg; December 3, 2010, Susp.	......do	do.
Lyndhurst, City of, Cuyahoga County	390113	May 1, 1975, Emerg; April 23, 1982, Reg; December 3, 2010, Susp.	......do	do.
Maple Heights, City of, Cuyahoga County	390114	July 22, 1975, Emerg; September 17, 1980, Reg; December 3, 2010, Susp.	......do	do.
Mayfield Heights, City of, Cuyahoga County	390115	May 3, 1976, Emerg; June 10, 1980, Reg; December 3, 2010, Susp.	......do	do.
Middleburg Heights, City of, Cuyahoga County	390117	January 20, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Moreland Hills, Village of, Cuyahoga County	390118	June 30, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
North Olmsted, City of, Cuyahoga County	390120	December 2, 1974, Emerg; September 5, 1979, Reg; December 3, 2010, Susp.	......do	do.
Oakwood, Village of, Cuyahoga County	390122	July 3, 1975, Emerg; March 2, 1979, Reg; December 3, 2010, Susp.	......do	do.
Olmsted Falls, City of, Cuyahoga County	390672	July 29, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
Orange, Village of, Cuyahoga County	390737	February 16, 1977, Emerg; February 4, 1983, Reg; December 3, 2010, Susp.	......do	do.
Parma Heights, City of, Cuyahoga County	390124	January 24, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Parma, City of, Cuyahoga County	390123	April 10, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Pepper Pike, City of, Cuyahoga County	390125	January 29, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Richmond Heights, City of, Cuyahoga County	390126	November 13, 1975, Emerg; January 4, 1985, Reg; December 3, 2010, Susp.	......do	do.
Seven Hills, City of, Cuyahoga County	390128	July 30, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.	......do	do.
Shaker Heights, City of, Cuyahoga County	390129	October 28, 1975, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.	......do	do.
Solon, City of, Cuyahoga County	390130	July 28, 1975, Emerg; February 4, 1981, Reg; December 3, 2010, Susp.	......do	do.
South Euclid, City of, Cuyahoga County	390131	August 5, 1974, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Strongsville, City of, Cuyahoga County	390132	December 13, 1974, Emerg; January 3, 1979, Reg; December 3, 2010, Susp.	......do	do.
Valley View, Village of, Cuyahoga County	390134	September 26, 1975, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.	......do	do.
Walton Hills, Village of, Cuyahoga County	390636	December 29, 1975, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.	......do	do.
Warrensville Heights, City of, Cuyahoga County	390135	July 7, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.	......do	do.
Westlake, City of, Cuyahoga County	390136	July 29, 1975, Emerg; January 16, 1980, Reg; December 3, 2010, Susp.	......do	do.
Region VI
Arkansas:
Crawford County, Unincorporated Areas	050428	June 29, 1990, Emerg; August 5, 1991, Reg; December 3, 2010, Susp.	......do	do.
Gassville, City of, Baxter County	050243	January 26, 1976, Emerg; November 6, 2008, Reg; December 3, 2010, Susp.	......do	do.
Howard County, Unincorporated Areas	050438	March 17, 1983, Emerg; September 30, 1988, Reg; December 3, 2010, Susp.	......do	do.
Mineral Springs, City of, Howard County	050349	May 30, 1975, Emerg; June 1, 1987, Reg; December 3, 2010, Susp.	......do	do.
Mountain Home, City of, Baxter County	050351	February 9, 1976, Emerg; September 16, 1982, Reg; December 3, 2010, Susp.	......do	do.
Norfork, City of, Baxter County	050267	June 2, 1976, Emerg; July 1, 1987, Reg; December 3, 2010, Susp.	......do	do.
Salesville, City of, Baxter County	050579	August 14, 1989, Emerg; April 16, 1990, Reg; December 3, 2010, Susp.	......do	do.
New Mexico: Las Vegas, City of, San Miguel County	350068	August 11, 1975, Emerg; September 18, 1986, Reg; December 3, 2010, Susp.	......do	do.
Texas:
Gonzales, City of, Gonzales County	480254	August 6, 1975, Emerg; June 15, 1979, Reg; December 3, 2010, Susp.	......do	do.
Gonzales County, Unincorporated Areas	480253	November 8, 1973, Emerg; August 15, 1978, Reg; December 3, 2010, Susp.	......do	do.
Nixon, City of, Gonzales and Wilson Counties	481114	March 9, 1976, Emerg; August 26, 1977, Reg; December 3, 2010, Susp.	......do	do.
Waelder, City of, Gonzales County	480255	June 17, 1975, Emerg; December 1, 1977, Reg; December 3, 2010, Susp.	......do	do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: November 16, 2010.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.