[Federal Register Volume 75, Number 225 (Tuesday, November 23, 2010)]
[Rules and Regulations]
[Pages 71363-71367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29418]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8157]


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.

[[Page 71364]]


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:

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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:
    Coventry, Town of, Kent            440004  November 21,       Dec. 3, 2010..........  Dec. 3, 2010.
     County.                                    1973, Emerg;
                                                September 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    East Greenwich, Town of,           445397  July 16, 1971,     ......do*.............   do.
     Kent County.                               Emerg; February
                                                9, 1973, Reg;
                                                December 3,
                                                2010, Susp..
    Warwick, City of, Kent             445409  June 19, 1970,     ......do..............   do.
     County.                                    Emerg; April 6,
                                                1973, Reg;
                                                December 3,
                                                2010, Susp..
    West Greenwich, Town of,           440037  October 10, 1975,  ......do..............   do.
     Kent County.                               Emerg; January
                                                3, 1986, Reg;
                                                December 3,
                                                2010, Susp..
    West Warwick, Town of, Kent        440007  September 1,       ......do..............   do.
     County.                                    1972, Emerg;
                                                February 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
           Region IV
 
Tennessee: Woodbury, Town of,          470021  May 23, 1973,      ......do..............   do.
 Cannon County.                                 Emerg; September
                                                1, 1977, Reg;
                                                December 3,
                                                2010, Susp..
            Region V
 
Indiana:

[[Page 71365]]

 
    Bedford, City of, Lawrence         180148  April 17, 1975,    ......do..............   do.
     County.                                    Emerg; September
                                                4, 1987, Reg;
                                                December 3,
                                                2010, Susp..
    Lawrence County,                   180441  June 24, 1993,     ......do..............   do.
     Unincorporated Areas.                      Emerg; June 1,
                                                1994, Reg;
                                                December 3,
                                                2010, Susp..
Michigan:
    Clare, City of, Clare and          260629  August 26, 1975,   ......do..............   do.
     Isabella Counties.                         Emerg; February
                                                5, 1992, Reg;
                                                December 3,
                                                2010, Susp..
    Redding, Township of, Clare        260382  June 28, 1979,     ......do..............   do.
     County.                                    Emerg; June 17,
                                                1986, Reg;
                                                December 3,
                                                2010, Susp..
    Surrey, Township of, Clare         261337  November 24,       ......do..............   do.
     County.                                    2009, Emerg;
                                                December 3,
                                                2010, Reg;
                                                December 3,
                                                2010, Susp..
Ohio: Adams County,                    390001  March 14, 1978,    ......do..............   do.
 Unincorporated Areas.                          Emerg; February
                                                3, 2003, Reg;
                                                December 3,
                                                2010, Susp..
    Manchester, Village of,            390002  October 25, 1974,  ......do..............   do.
     Adams County.                              Emerg; August 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    Rome, Village of, Adams            390003  February 16,       ......do..............   do.
     County.                                    1977, Emerg;
                                                October 18,
                                                1983, Reg;
                                                December 3,
                                                2010, Susp..
    Bay Village, City of,              390093  June 14, 1974,     ......do..............   do.
     Cuyahoga County.                           Emerg; December
                                                1, 1977, Reg;
                                                December 3,
                                                2010, Susp..
    Beachwood, City of,                390094  November 26,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                April 20, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Bedford Heights, City of,          390096  June 11, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; September
                                                17, 1980, Reg;
                                                December 3,
                                                2010, Susp..
    Bedford, City of, Cuyahoga         390095  July 11, 1975,     ......do..............   do.
     County.                                    Emerg; January
                                                2, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Bentleyville, Village of,          390682  March 24, 1976,    ......do..............   do.
     Cuyahoga County.                           Emerg; August 1,
                                                1980, Reg;
                                                December 3,
                                                2010, Susp..
    Berea, City of, Cuyahoga           390097  April 21, 1975,    ......do..............   do.
     County.                                    Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Bratenahl, Village of,             390734  June 9, 1975,      ......do..............   do.
     Cuyahoga County.                           Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Brecksville, City of,              390098  July 11, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; January
                                                16, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Broadview Heights, City of,        390099  November 21,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                March 2, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Brook Park, City of,               390102  April 21, 1975,    ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Brooklyn Heights, Village          390101  May 16, 1975,      ......do..............   do.
     of, Cuyahoga County.                       Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Brooklyn, City of, Cuyahoga        390100  July 3, 1975,      ......do..............   do.
     County.                                    Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Chagrin Falls, Village of,         390103  July 29, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; July 2,
                                                1980, Reg;
                                                December 3,
                                                2010, Susp..
    Cleveland Heights, City of,        390105  April 11, 1975,    ......do..............   do.
     Cuyahoga County.                           Emerg; June 25,
                                                1976, Reg;
                                                December 3,
                                                2010, Susp..
    Cleveland, City of,                390104  July 20, 1973,     ......do..............   do.
     Cuyahoga County.                           Emerg; August 1,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    Cuyahoga County,                   390766  October 4, 1979,   ......do..............   do.
     Unincorporated Areas.                      Emerg; April 2,
                                                1986, Reg;
                                                December 3,
                                                2010, Susp..
    Cuyahoga Heights, Village          390654  June 18, 1976,     ......do..............   do.
     of, Cuyahoga County.                       Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Euclid, City of, Cuyahoga          390107  July 3, 1975,      ......do..............   do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Fairview Park, City of,            390108  June 24, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; February
                                                4, 1983, Reg;
                                                December 3,
                                                2010, Susp..
    Garfield Heights, City of,         390109  September 18,      ......do..............   do.
     Cuyahoga County.                           1970, Emerg;
                                                July 9, 1971,
                                                Reg; December 3,
                                                2010, Susp..
    Gates Mills, Village of,           390593  June 4, 1973,      ......do..............   do.
     Cuyahoga County.                           Emerg; April 3,
                                                1978, Reg;
                                                December 3,
                                                2010, Susp..
    Glenwillow, Village of,            390735  March 14, 1978,    ......do..............   do.
     Cuyahoga County.                           Emerg; February
                                                18, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Highland Heights, City of,         390110  November 10,       ......do..............   do.
     Cuyahoga County.                           1976, Emerg;
                                                June 1, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Independence, City of,             390111  July 22, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; February
                                                18, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Lakewood, City of, Cuyahoga        390112  March 30, 1973,    ......do..............   do.
     County.                                    Emerg; February
                                                1, 1978, Reg;
                                                December 3,
                                                2010, Susp..
    Lyndhurst, City of,                390113  May 1, 1975,       ......do..............   do.
     Cuyahoga County.                           Emerg; April 23,
                                                1982, Reg;
                                                December 3,
                                                2010, Susp..

[[Page 71366]]

 
    Maple Heights, City of,            390114  July 22, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; September
                                                17, 1980, Reg;
                                                December 3,
                                                2010, Susp..
    Mayfield Heights, City of,         390115  May 3, 1976,       ......do..............   do.
     Cuyahoga County.                           Emerg; June 10,
                                                1980, Reg;
                                                December 3,
                                                2010, Susp..
    Middleburg Heights, City           390117  January 20, 1975,  ......do..............   do.
     of, Cuyahoga County.                       Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Moreland Hills, Village of,        390118  June 30, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    North Olmsted, City of,            390120  December 2, 1974,  ......do..............   do.
     Cuyahoga County.                           Emerg; September
                                                5, 1979, Reg;
                                                December 3,
                                                2010, Susp..
    Oakwood, Village of,               390122  July 3, 1975,      ......do..............   do.
     Cuyahoga County.                           Emerg; March 2,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Olmsted Falls, City of,            390672  July 29, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Orange, Village of,                390737  February 16,       ......do..............   do.
     Cuyahoga County.                           1977, Emerg;
                                                February 4,
                                                1983, Reg;
                                                December 3,
                                                2010, Susp..
    Parma Heights, City of,            390124  January 24, 1975,  ......do..............   do.
     Cuyahoga County.                           Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Parma, City of, Cuyahoga           390123  April 10, 1975,    ......do..............   do.
     County.                                    Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Pepper Pike, City of,              390125  January 29, 1975,  ......do..............   do.
     Cuyahoga County.                           Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Richmond Heights, City of,         390126  November 13,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                January 4, 1985,
                                                Reg; December 3,
                                                2010, Susp..
    Seven Hills, City of,              390128  July 30, 1975,     ......do..............   do.
     Cuyahoga County.                           Emerg; June 1,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Shaker Heights, City of,           390129  October 28, 1975,  ......do..............   do.
     Cuyahoga County.                           Emerg; June 15,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Solon, City of, Cuyahoga           390130  July 28, 1975,     ......do..............   do.
     County.                                    Emerg; February
                                                4, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    South Euclid, City of,             390131  August 5, 1974,    ......do..............   do.
     Cuyahoga County.                           Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Strongsville, City of,             390132  December 13,       ......do..............   do.
     Cuyahoga County.                           1974, Emerg;
                                                January 3, 1979,
                                                Reg; December 3,
                                                2010, Susp..
    Valley View, Village of,           390134  September 26,      ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                February 18,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Walton Hills, Village of,          390636  December 29,       ......do..............   do.
     Cuyahoga County.                           1975, Emerg;
                                                February 18,
                                                1981, Reg;
                                                December 3,
                                                2010, Susp..
    Warrensville Heights, City         390135  July 7, 1975,      ......do..............   do.
     of, Cuyahoga County.                       Emerg; August
                                                17, 1981, Reg;
                                                December 3,
                                                2010, Susp..
    Westlake, City of, Cuyahoga        390136  July 29, 1975,     ......do..............   do.
     County.                                    Emerg; January
                                                16, 1980, Reg;
                                                December 3,
                                                2010, Susp..
           Region VI
 
Arkansas:
    Crawford County,                   050428  June 29, 1990,     ......do..............   do.
     Unincorporated Areas.                      Emerg; August 5,
                                                1991, Reg;
                                                December 3,
                                                2010, Susp..
    Gassville, City of, Baxter         050243  January 26, 1976,  ......do..............   do.
     County.                                    Emerg; November
                                                6, 2008, Reg;
                                                December 3,
                                                2010, Susp..
    Howard County,                     050438  March 17, 1983,    ......do..............   do.
     Unincorporated Areas.                      Emerg; September
                                                30, 1988, Reg;
                                                December 3,
                                                2010, Susp..
    Mineral Springs, City of,          050349  May 30, 1975,      ......do..............   do.
     Howard County.                             Emerg; June 1,
                                                1987, Reg;
                                                December 3,
                                                2010, Susp..
    Mountain Home, City of,            050351  February 9, 1976,  ......do..............   do.
     Baxter County.                             Emerg; September
                                                16, 1982, Reg;
                                                December 3,
                                                2010, Susp..
    Norfork, City of, Baxter           050267  June 2, 1976,      ......do..............   do.
     County.                                    Emerg; July 1,
                                                1987, Reg;
                                                December 3,
                                                2010, Susp..
    Salesville, City of, Baxter        050579  August 14, 1989,   ......do..............   do.
     County.                                    Emerg; April 16,
                                                1990, Reg;
                                                December 3,
                                                2010, Susp..
New Mexico: Las Vegas, City of,        350068  August 11, 1975,   ......do..............   do.
 San Miguel County.                             Emerg; September
                                                18, 1986, Reg;
                                                December 3,
                                                2010, Susp..
Texas:
    Gonzales, City of, Gonzales        480254  August 6, 1975,    ......do..............   do.
     County.                                    Emerg; June 15,
                                                1979, Reg;
                                                December 3,
                                                2010, Susp..
    Gonzales County,                   480253  November 8, 1973,  ......do..............   do.
     Unincorporated Areas.                      Emerg; August
                                                15, 1978, Reg;
                                                December 3,
                                                2010, Susp..
    Nixon, City of, Gonzales           481114  March 9, 1976,     ......do..............   do.
     and Wilson Counties.                       Emerg; August
                                                26, 1977, Reg;
                                                December 3,
                                                2010, Susp..

[[Page 71367]]

 
    Waelder, City of, Gonzales         480255  June 17, 1975,     ......do..............   do.
     County.                                    Emerg; December
                                                1, 1977, Reg;
                                                December 3,
                                                2010, Susp..
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*-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.
[FR Doc. 2010-29418 Filed 11-22-10; 8:45 am]
BILLING CODE 9110-12-P