
[Federal Register: March 25, 2010 (Volume 75, Number 57)]
[Rules and Regulations]               
[Page 14356-14359]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr10-8]                         

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-000; Internal Agency Docket No. FEMA-8123]

 
Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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, (202) 646-2953.

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.

0
Accordingly, 44 CFR part 64 is amended as follows:

PART 64--[AMENDED]

0
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.

Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

[[Page 14357]]



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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.        sale of flood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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            Region I

Rhode Island:
    Jamestown, Town of, Newport        445399  November 20,       Apr. 2, 2010..........  Apr. 5, 2010.
     County.                                    1970, Emerg;
                                                April 21, 1972,
                                                Reg; April 5,
                                                2010, Susp..
    Little Compton, Town of,           440035  May 9, 1975,       ......do..............   Do.
     Newport County.                            Emerg; August
                                                17, 1981, Reg;
                                                April 5, 2010,
                                                Susp..
    Middletown, Town of,               445401  September 11,      ......do..............   Do.
     Newport County.                            1970, Emerg;
                                                April 9, 1971,
                                                Reg; April 5,
                                                2010, Susp..
    Newport, City of, Newport          445403  June 19, 1970,     ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1970, Reg;
                                                April 5, 2010,
                                                Susp..
    Portsmouth, Town of,               445405  July 30, 1971,     ......do..............   Do.
     Newport County.                            Emerg; August
                                                24, 1973, Reg;
                                                April 5, 2010,
                                                Susp..
    Tiverton, Town of, Newport         440012  August 18, 1972,   ......do..............   Do.
     County.                                    Emerg; May 2,
                                                1977, Reg; April
                                                5, 2010, Susp..

           Region II

New York:
    Dansville, Village of,             360383  April 17, 1973,    ......do..............   Do.
     Livingston County.                         Emerg; November
                                                1, 1978, Reg;
                                                April 5, 2010,
                                                Susp..
    Sparta, Town of, Livingston        361288  March 6, 1980,     ......do..............   Do.
     County.                                    Emerg; August
                                                27, 1982, Reg;
                                                April 5, 2010,
                                                Susp..

            Region V

Illinois:
    Andalusia, Village of, Rock        170583  February 18,       ......do..............   Do.
     Island County.                             1975, Emerg;
                                                January 20,
                                                1982, Reg; April
                                                5, 2010, Susp..
    Amboy, City of, Lee County.        170414  April 8, 1975,     ......do..............   Do.
                                                Emerg; April 15,
                                                1988, Reg; April
                                                5, 2010, Susp..
    Carbon Cliff, Village of,          170584  May 23, 1975,      ......do..............   Do.
     Rock Island County.                        Emerg; June 1,
                                                1982, Reg; April
                                                5, 2010, Susp..
    Coal Valley, Village of,           170585  September 26,      ......do..............   Do.
     Rock Island and Henry                      1974, Emerg;
     Counties.                                  December 4,
                                                1979, Reg; April
                                                5, 2010, Susp..
    Cordova, Village of, Rock          170586  April 18, 1975,    ......do..............   Do.
     Island County.                             Emerg; December
                                                1, 1981, Reg;
                                                April 5, 2010,
                                                Susp..
    East Moline, City of, Rock         170587  March 5, 1976,     ......do..............   Do.
     Island County.                             Emerg; October
                                                15, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Hillsdale, Village of, Rock        170589  February 11,       ......do..............   Do.
     Island County.                             1974, Emerg;
                                                July 19, 1982,
                                                Reg; April 5,
                                                2010, Susp..
    Lee County, Unincorporated         170413  June 6, 1975,      ......do..............   Do.
     Areas.                                     Emerg; April 15,
                                                1988, Reg; April
                                                5, 2010, Susp..
    Milan, Village of, Rock            170590  April 3, 1975,     ......do..............   Do.
     Island County.                             Emerg; March 18,
                                                1980, Reg; April
                                                5, 2010, Susp..
    Moline, City of, Rock              170591  March 4, 1975,     ......do..............   Do.
     Island County.                             Emerg; February
                                                1, 1980, Reg;
                                                April 5, 2010,
                                                Susp..
    Nelson, Village of, Lee            170418  September 30,      ......do..............   Do.
     County.                                    1976, Emerg;
                                                April 15, 1988,
                                                Reg; April 5,
                                                2010, Susp..
    Reynolds, Village of, Rock         170883  March 24, 1998,    ......do..............   Do.
     Island and Mercer Counties.                Emerg; October
                                                18, 2002, Reg;
                                                April 5, 2010,
                                                Susp..
    Rochelle, City of, Lee and         170532  March 7, 1975,     ......do..............   Do.
     Ogle Counties.                             Emerg; August
                                                19, 1986, Reg;
                                                April 5, 2010,
                                                Susp..
    Rock Island, City of, Rock         175171  July 9, 1971,      ......do..............   Do.
     Island County.                             Emerg; June 9,
                                                1972, Reg; April
                                                5, 2010, Susp..
    Rock Island County,                170582  May 14, 1971,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 2,
                                                1982, Reg; April
                                                5, 2010, Susp..
    Steward, Village of, Lee           170420  October 10, 1975,  ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1987, Reg;
                                                April 5, 2010,
                                                Susp..

           Region VI

Texas:
    Athens, City of, Henderson         480324  April 10, 1975,    ......do..............   Do.
     County.                                    Emerg; May 5,
                                                1981, Reg; April
                                                5, 2010, Susp..
    Chandler, City of,                 480326  March 5, 1976,     ......do..............   Do.
     Henderson County.                          Emerg; October
                                                24, 1978, Reg;
                                                April 5, 2010,
                                                Susp..
    Enchanted Oaks, Town of,           481634  June 20, 1990,     ......do..............   Do.
     Henderson County.                          Emerg; September
                                                27, 1991, Reg;
                                                April 5, 2010,
                                                Susp..
    Henderson County,                  481174  April 8, 1987,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                27, 1991, Reg;
                                                April 5, 2010,
                                                Susp..
    Mabank, City of, Henderson         480414  February 22,       ......do..............   Do.
     and Kaufman Counties.                      1977, Emerg;
                                                August 8, 1978,
                                                Reg; April 5,
                                                2010, Susp..


[[Page 14358]]


           Region VII

Iowa:
    Alburnett, City of, Linn           190692  March 2, 1976,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1987, Reg; April
                                                5, 2010, Susp..
    Cedar Rapids, City of, Linn        190187  August 13, 1971,   ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Center Point, City of, Linn        190439  October 27, 1977,  ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1982, Reg; April
                                                5, 2010, Susp..
    Central City, City of, Linn        190188  January 8, 1976,   ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Coggon, City of, Linn              190189  May 9, 1975,       ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1984, Reg; April
                                                5, 2010, Susp..
    Ely, City of, Linn County..        190440  April 29, 1991,    ......do..............   Do.
                                                Emerg; February
                                                17, 1993, Reg;
                                                April 5, 2010,
                                                Susp..
    Fairfax, City of, Linn             190190  January 20, 1975,  ......do..............   Do.
     County.                                    Emerg; September
                                                19, 1984, Reg;
                                                April 5, 2010,
                                                Susp..
    Hiawatha, City of, Linn            190441  August 3, 1976,    ......do..............   Do.
     County.                                    Emerg; February
                                                3, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Linn County, Unincorporated        190829  January 5, 1979,   ......do..............   Do.
     Areas.                                     Emerg; December
                                                15, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Lisbon, City of, Linn              190607  March 23, 1978,    ......do..............   Do.
     County.                                    Emerg; June 10,
                                                1980, Reg; April
                                                5, 2010, Susp..
    Marion, City of, Linn              190191  June 30, 1975,     ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1982, Reg; April
                                                5, 2010, Susp..
    Mount Vernon, City of, Linn        190192  December 10,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                June 10, 1980,
                                                Reg; April 5,
                                                2010, Susp..
    Palo, City of, Linn County.        190442  June 25, 1976,     ......do..............   Do.
                                                Emerg; November
                                                17, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Robins, City of, Linn              190443  January 16, 1978,  ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1982, Reg; April
                                                5, 2010, Susp..
    Springville, City of, Linn         190444  N/A, Emerg; March  ......do..............   Do.
     County.                                    30, 2009, Reg;
                                                April 5, 2010,
                                                Susp..
    Walker, City of, Linn              190445  October 25, 2007,  ......do..............   Do.
     County.                                    Emerg; April 5,
                                                2010, Reg; April
                                                5, 2010, Susp..
Missouri:
    Laddonia, City of, Audrain         290017  August 1, 1975,    ......do..............   Do.
     County.                                    Emerg; August
                                                24, 1984, Reg;
                                                April 5, 2010,
                                                Susp..
    Mexico, City of, Audrain           295267  March 19, 1971,    ......do..............   Do.
     County.                                    Emerg; May 26,
                                                1972, Reg; April
                                                5, 2010, Susp..
    Vandalia, City of, Audrain         290020  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                4, 1988, Reg;
                                                April 5, 2010,
                                                Susp..
Nebraska:
    Ashland, City of, Saunders         310196  December 4, 1974,  ......do..............   Do.
     County.                                    Emerg; November
                                                3, 1982, Reg;
                                                April 5, 2010,
                                                Susp..
    Cedar Bluffs, Village of,          310356  April 4, 1975,     ......do..............   Do.
     Saunders County.                           Emerg; September
                                                24, 1984, Reg;
                                                April 5, 2010,
                                                Susp..
    Ceresco, Village of,               310197  July 18, 1975,     ......do..............   Do.
     Saunders and Lancaster                     Emerg; July 3,
     Counties.                                  1986, Reg; April
                                                5, 2010, Susp..
    Ithaca, Village of,                310198  November 12,       ......do..............   Do.
     Saunders County.                           1975, Emerg; May
                                                1, 1987, Reg;
                                                April 5, 2010,
                                                Susp..
    Leshara, Village of,               310199  January 29, 2009,  ......do..............   Do.
     Saunders County.                           Emerg; April 5,
                                                2010, Reg; April
                                                5, 2010, Susp..
    Malmo, Village of, Saunders        310200  April 25, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1986, Reg;
                                                April 5, 2010,
                                                Susp..
    Prague, Village of,                310202  N/A, Emerg;        ......do..............   Do.
     Saunders County.                           December 29,
                                                2000, Reg; April
                                                5, 2010, Susp..
    Saunders County,                   310195  April 6, 1973,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                1, 1978, Reg;
                                                April 5, 2010,
                                                Susp..
    Valparaiso, Village of,            310203  September 16,      ......do..............   Do.
     Saunders County.                           1975, Emerg;
                                                June 3, 1986,
                                                Reg; April 5,
                                                2010, Susp..
    Wahoo, City of, Saunders           310204  August 25, 1972,   ......do..............   Do.
     County.                                    Emerg; December
                                                1, 1977, Reg;
                                                April 5, 2010,
                                                Susp..
    Weston, Village of,                310205  October 24, 1979,  ......do..............   Do.
     Saunders County.                           Emerg; July 3,
                                                1985, Reg; April
                                                5, 2010, Susp..
----------------------------------------------------------------------------------------------------------------
Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 14359]]

    Dated: March 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation, 
Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2010-6632 Filed 3-24-10; 8:45 am]
BILLING CODE 9110-12-P

