
[Federal Register: June 23, 2010 (Volume 75, Number 120)]
[Rules and Regulations]               
[Page 35666-35670]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23jn10-25]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8135]

 
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, (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

[[Page 35667]]

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:

----------------------------------------------------------------------------------------------------------------
                                                 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
----------------------------------------------------------------------------------------------------------------
            Region I

Massachusetts:
    Aquinnah, Town of, Dukes           250070  September 7,       July 6, 2010..........  July 6, 2010.
     County.                                    1976, Emerg;
                                                October 15,
                                                1985, Reg; July
                                                6, 2010, Susp.
    Edgartown, Town of, Dukes          250069  July 7, 1975,      ......do*.............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; July
                                                6, 2010, Susp.
    Gosnold, Town of, Dukes            250071  September 29,      ......do..............   Do.
     County.                                    1977, Emerg;
                                                June 4, 1980,
                                                Reg; July 6,
                                                2010, Susp.
    Oak Bluffs, Town of, Dukes         250072  February 6, 1974,  ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; July
                                                6, 2010, Susp.
    Tisbury, Town of, Dukes            250073  June 20, 1975,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1984, Reg; July
                                                6, 2010, Susp.
    West Tisbury, Town of,             250074  March 29, 1978,    ......do..............   Do.
     Dukes County.                              Emerg; October
                                                15, 1985, Reg;
                                                July 6, 2010,
                                                Susp.

           Region II

New Jersey:
    Carteret, Borough of,              340257  April 4, 1973,     ......do..............   Do.
     Middlesex County.                          Emerg; November
                                                15, 1978, Reg;
                                                July 6, 2010,
                                                Susp.
    Cranbury, Township of,             340258  June 12, 1975,     ......do..............   Do.
     Middlesex County.                          Emerg; May 17,
                                                1982, Reg; July
                                                6, 2010, Susp.
    Dunellen, Borough of,              340259  December 22,       ......do..............   Do.
     Middlesex County.                          1972, Emerg;
                                                April 1, 1977,
                                                Reg; July 6,
                                                2010, Susp.
    East Brunswick, Township           340260  September 15,      ......do..............   Do.
     of, Middlesex County.                      1972, Emerg;
                                                January 6, 1982,
                                                Reg; July 6,
                                                2010, Susp.
    Edison, Township of,               340261  October 6, 1972,   ......do..............   Do.
     Middlesex County.                          Emerg; August
                                                16, 1982, Reg;
                                                July 6, 2010,
                                                Susp.
    Helmetta, Borough of,              340262  February 18,       ......do..............   Do.
     Middlesex County.                          1975, Emerg;
                                                October 16,
                                                1984, Reg; July
                                                6, 2010, Susp.
    Highland Park, Borough of,         340263  April 7, 1972,     ......do..............   Do.
     Middlesex County.                          Emerg; June 1,
                                                1977, Reg; July
                                                6, 2010, Susp.
    Jamesburg, Borough of,             340264  October 28, 1975,  ......do..............   Do.
     Middlesex County.                          Emerg; May 15,
                                                1984, Reg; July
                                                6, 2010, Susp.
    Metuchen, Borough of,              340266  January 14, 1972,  ......do..............   Do.
     Middlesex County.                          Emerg; December
                                                4, 1979, Reg;
                                                July 6, 2010,
                                                Susp.
    Middlesex, Borough of,             345305  September 25,      ......do..............   Do.
     Middlesex County.                          1970, Emerg;
                                                July 9, 1971,
                                                Reg; July 6,
                                                2010, Susp.
    Milltown, Borough of,              340268  February 1, 1974,  ......do..............   Do.
     Middlesex County.                          Emerg; February
                                                4, 1981, Reg;
                                                July 6, 2010,
                                                Susp.
    Monroe, Township of,               340269  February 25,       ......do..............   Do.
     Middlesex County.                          1973, Emerg;
                                                April 17, 1985,
                                                Reg; July 6,
                                                2010, Susp.
    New Brunswick, City of,            340270  September 15,      ......do..............   Do.
     Middlesex County.                          1972, Emerg;
                                                December 4,
                                                1979, Reg; July
                                                6, 2010, Susp.
    North Brunswick, Township          340271  May 13, 1974,      ......do..............   Do.
     of, Middlesex County.                      Emerg; May 1,
                                                1980, Reg; July
                                                6, 2010, Susp.
    Old Bridge, Township of,           340265  August 13, 1971,   ......do..............   Do.
     Middlesex County.                          Emerg; November
                                                15, 1985, Reg;
                                                July 6, 2010,
                                                Susp.
    Perth Amboy, City of,              340272  June 25, 1975,     ......do..............   Do.
     Middlesex County.                          Emerg; December
                                                18, 1979, Reg;
                                                July 6, 2010,
                                                Susp.

[[Page 35668]]


    Piscataway, Township of,           340274  December 27,       ......do..............   Do.
     Middlesex County.                          1974, Emerg;
                                                January 18,
                                                1984, Reg; July
                                                6, 2010, Susp.
    Plainsboro, Township of,           340275  April 14, 1975,    ......do..............   Do.
     Middlesex County.                          Emerg; June 19,
                                                1985, Reg; July
                                                6, 2010, Susp.
    Sayreville, Borough of,            340276  January 21, 1974,  ......do..............   Do.
     Middlesex County.                          Emerg; March 16,
                                                1981, Reg; July
                                                6, 2010, Susp.
    South Amboy, City of,              340277  September 27,      ......do..............   Do.
     Middlesex County.                          1974, Emerg;
                                                December 4,
                                                1979, Reg; July
                                                6, 2010, Susp.
    South Brunswick, Township          340278  June 19, 1974,     ......do..............   Do.
     of, Middlesex County.                      Emerg; December
                                                18, 1985, Reg;
                                                July 6, 2010,
                                                Susp.
    South Plainfield, Borough          340279  September 4,       ......do..............   Do.
     of, Middlesex County.                      1973, Emerg;
                                                August 1, 1980,
                                                Reg; July 6,
                                                2010, Susp.
    South River, Borough of,           340280  June 18, 1974,     ......do..............   Do.
     Middlesex County.                          Emerg; June 4,
                                                1980, Reg; July
                                                6, 2010, Susp.
    Spotswood, Borough of,             340282  October 31, 1973,  ......do..............   Do.
     Middlesex County.                          Emerg; December
                                                18, 1979, Reg;
                                                July 6, 2010,
                                                Susp.
    Woodbridge, Township of,           345331  September 25,      ......do..............   Do.
     Middlesex County.                          1970, Emerg;
                                                June 2, 1972,
                                                Reg; July 6,
                                                2010, Susp.

           Region III

West Virginia:
    Davis, Town of, Tucker             540260  April 18, 1975,    ......do..............   Do.
     County.                                    Emerg; July 20,
                                                1984, Reg; July
                                                6, 2010, Susp.
    Hambleton, Town of, Tucker         540192  July 2, 1975,      ......do..............   Do.
     County.                                    Emerg; July 20,
                                                1984, Reg; July
                                                6, 2010, Susp.
    Hendricks, Town of, Tucker         540193  August 7, 1975,    ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1987, Reg; July
                                                6, 2010, Susp.
    Parsons, City of, Tucker           540194  April 17, 1975,    ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1979, Reg;
                                                July 6, 2010,
                                                Susp.
    Thomas, City of, Tucker            540261  October 16, 1975,  ......do..............   Do.
     County.                                    Emerg; September
                                                10, 1984, Reg;
                                                July 6, 2010,
                                                Susp.
    Tucker County,                     540191  December 23,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                July 1, 1987,
                                                Reg; July 6,
                                                2010, Susp.

           Region IV

Georgia:
    Elberton, City of, Elbert          130077  April 22, 1975,    ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1986, Reg; July
                                                6, 2010, Susp.
    Lincoln County,                    130665  July 15, 2008,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 6,
                                                2010, Reg; July
                                                6, 2010, Susp.
Mississippi:
    Tylertown, Town of,                280175  February 27,       ......do..............   Do.
     Walthall County.                           1975, Emerg;
                                                September 30,
                                                1988, Reg; July
                                                6, 2010, Susp.
    Walthall County,                   280307  May 20, 1980,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 1,
                                                1986, Reg; July
                                                6, 2010, Susp.

            Region V

Ohio:
    Green Camp, Village of,            390374  August 1, 1975,    ......do..............   Do.
     Marion County.                             Emerg; February
                                                4, 1987, Reg;
                                                July 6, 2010,
                                                Susp.
    La Rue, Village of, Marion         390375  March 21, 1975,    ......do..............   Do.
     County.                                    Emerg; February
                                                4, 1987, Reg;
                                                July 6, 2010,
                                                Susp.
    Marion County,                     390774  February 28,       ......do..............   Do.
     Unincorporated Areas.                      1977, Emerg;
                                                February 4,
                                                1987, Reg; July
                                                6, 2010, Susp.
    Frazeysburg, Village of,           390426  N/A, Emerg;        ......do..............   Do.
     Muskingum County.                          February 9,
                                                2005, Reg; July
                                                6, 2010, Susp.
    Muskingum County,                  390425  April 28, 1976,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 3,
                                                1988, Reg; July
                                                6, 2010, Susp.
    Philo, Village of,                 390851  N/A, Emerg;        ......do..............   Do.
     Muskingum County.                          December 29,
                                                2005, Reg; July
                                                6, 2010, Susp.
Wisconsin: Clark County,               550048  June 25, 1974,     ......do..............   Do.
 Unincorporated Areas.                          Emerg; August
                                                15, 1990, Reg;
                                                July 6, 2010,
                                                Susp.
    Colby, City of, Clark and          550049  November 29,       ......do..............   Do.
     Marathon Counties.                         1974, Emerg;
                                                September 18,
                                                1985, Reg; July
                                                6, 2010, Susp.
    Greenwood, City of, Clark          550051  November 11,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                September 4,
                                                1985, Reg; July
                                                6, 2010, Susp.
    Loyal, City of, Clark              550052  August 22, 1974,   ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                July 6, 2010,
                                                Susp.
    Neillsville, City of, Clark        550053  January 30, 1974,  ......do..............   Do.
     County.                                    Emerg; July 17,
                                                1978, Reg; July
                                                6, 2010, Susp.

[[Page 35669]]


    Owen, City of, Clark County        550054  November 20,       ......do..............   Do.
                                                1974, Emerg;
                                                July 6, 2010,
                                                Reg; July 6,
                                                2010, Susp.
    Thorp, City of, Clark              550055  May 9, 1975,       ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1984, Reg;
                                                July 6, 2010,
                                                Susp.

           Region VI

Arkansas:
    Crittenden County,                 050429  May 18, 1983,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1985, Reg;
                                                July 6, 2010,
                                                Susp.
    Earle, City of, Crittenden         050054  June 20, 1974,     ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1986, Reg;
                                                July 6, 2010,
                                                Susp.
    Edmondson, Town of,                050409  November 8, 1976,  ......do..............   Do.
     Crittenden County.                         Emerg; March 18,
                                                1986, Reg; July
                                                6, 2010, Susp.
    Horseshoe Lake, Town of,           055057  N/A, Emerg;        ......do..............   Do.
     Crittenden County.                         January 18,
                                                2006, Reg; July
                                                6, 2010, Susp.
    Marion, City of, Crittenden        050345  July 9, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1987, Reg;
                                                July 6, 2010,
                                                Susp.
    Turrell, City of,                  050370  July 9, 1976,      ......do..............   Do.
     Crittenden County.                         Emerg; February
                                                1, 1988, Reg;
                                                July 6, 2010,
                                                Susp.
    West Memphis, City of,             050055  June 6, 1974,      ......do..............   Do.
     Crittenden County.                         Emerg; July 16,
                                                1980, Reg; July
                                                6, 2010, Susp.

           Region VII

Kansas:
    Manhattan, City of,                200300  January 30, 1974,  ......do..............   Do.
     Pottawatomie and Riley                     Emerg; April 1,
     Counties.                                  1982, Reg; July
                                                6, 2010, Susp.
    Riley County,                      200298  June 23, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1982, Reg; July
                                                6, 2010, Susp.

          Region VIII

Colorado:
    Collbran, Town of, Mesa            080116  August 12, 1975,   ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1982, Reg; July
                                                6, 2010, Susp.
    De Beque, Town of, Mesa            080307  January 25, 1985,  ......do..............   Do.
     County.                                    Emerg; April 17,
                                                1989, Reg; July
                                                6, 2010, Susp.
    Fruita, City of, Mesa              080194  June 5, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                1, 1981, Reg;
                                                July 6, 2010,
                                                Susp.
    Grand Junction, City of,           080117  October 13, 1978,  ......do..............   Do.
     Mesa County.                               Emerg; January
                                                6, 1983, Reg;
                                                July 6, 2010,
                                                Susp.
    Mesa County, Unincorporated        080115  July 26, 1973,     ......do..............   Do.
     Areas.                                     Emerg; July 3,
                                                1978, Reg; July
                                                6, 2010, Susp.
    Palisade, Town of, Mesa            080198  September 27,      ......do..............   Do.
     County.                                    1982, Emerg;
                                                February 5,
                                                1986, Reg; July
                                                6, 2010, Susp.
North Dakota:
    Dunseith, City of, Rolette         380103  June 2, 1975,      ......do..............   Do.
     County.                                    Emerg; February
                                                19, 1986, Reg;
                                                July 6, 2010,
                                                Susp.
    St. John, City of, Rolette         380106  July 2, 1975,      ......do..............   Do.
     County.                                    Emerg; October
                                                1, 1986, Reg;
                                                July 6, 2010,
                                                Susp.
    Turtle Mountain Band of            380714  March 29, 1999,    ......do..............   Do.
     Chippewa Indian                            Emerg; July 6,
     Reservation, Rolette                       2010, Reg; July
     County.                                    6, 2010, Susp.
South Dakota:
    Mission Hill, Town of,             460091  November 28,       ......do..............   Do.
     Yankton County.                            1975, Emerg;
                                                June 18, 1980,
                                                Reg; July 6,
                                                2010, Susp.
    Yankton, City of, Yankton          460093  August 22, 1974,   ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1980, Reg;
                                                July 6, 2010,
                                                Susp.
    Yankton County,                    460088  May 16, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; October
                                                1, 1986, Reg;
                                                July 6, 2010,
                                                Susp.

            Region X

Washington:
    Cheney, City of, Spokane           530175  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; November
                                                6, 1979, Reg;
                                                July 6, 2010,
                                                Susp.
    Deer Park, City of, Spokane        530176  July 3, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                26, 1979, Reg;
                                                July 6, 2010,
                                                Susp.
    Fairfield, Town of, Spokane        530177  November 17,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                October 16,
                                                1979, Reg; July
                                                6, 2010, Susp.
    Medical Lake, City of,             530179  July 2, 1975,      ......do..............   Do.
     Spokane County.                            Emerg; November
                                                8, 1984, Reg;
                                                July 6, 2010,
                                                Susp.
    Millwood, City of, Spokane         530180  March 3, 1975,     ......do..............   Do.
     County.                                    Emerg; June 15,
                                                1979, Reg; July
                                                6, 2010, Susp.
    Rockford, Town of, Spokane         530181  March 15, 1976,    ......do..............   Do.
     County.                                    Emerg; October
                                                2, 1979, Reg;
                                                July 6, 2010,
                                                Susp.

[[Page 35670]]


    Spokane, City of, Spokane          530183  October 25, 1973,  ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1980, Reg; July
                                                6, 2010, Susp.
    Spokane Valley, City of,           530342  N/A, Emerg; April  ......do..............   Do.
     Spokane County.                            1, 2004, Reg;
                                                July 6, 2010,
                                                Susp.
    Spokane County,                    530174  May 30, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 17,
                                                1988, Reg; July
                                                6, 2010, Susp.
----------------------------------------------------------------------------------------------------------------

    *......do and Do. = Ditto.
    Code for reading third column: Emerg.--Emergency; Reg.--Regular; 
Susp.--Suspension.

    Dated: June 16, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-15228 Filed 6-22-10; 8:45 am]
BILLING CODE 9110-12-P

