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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]
 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 environmental impact assessment has been prepared. *Regulatory Flexibility Act.*
                     The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. *Regulatory Classification.*
                     This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. *Executive Order 13132, Federalism.*
                     This rule involves no policies that have federalism implications under Executive Order 13132. *Executive Order 12988, Civil Justice Reform.*
                     This rule meets the applicable standards of Executive Order 12988. *Paperwork Reduction Act.*
                     This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 
                    *et seq.* List of Subjects in 44 CFR Part 64 Flood insurance
Floodplains
 Accordingly, 44 CFR part 64 is amended as follows: PART 64—[AMENDED]
 1.The authority citation for part 64 continues to read as follows: Authority:
                        42 U.S.C. 4001 
                            *et seq.;*
                             Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. § 64.6
 2.The tables published under the authority of § 64.6 are amended as follows: State and location
Community No.
Effective date authorization/cancellation of sale of
                                  flood insurance in community
Current effective map date
Date certain Federal assistance no longer available in SFHAs**Region I**Rhode Island:Coventry, Town of, Kent County
440004
November 21, 1973, Emerg; September 1, 1978, Reg; December 3, 2010, Susp.
Dec. 3, 2010
Dec. 3, 2010.East Greenwich, Town of, Kent County
445397
July 16, 1971, Emerg; February 9, 1973, Reg; December 3, 2010, Susp.
......do*
do.Warwick, City of, Kent County
445409
June 19, 1970, Emerg; April 6, 1973, Reg; December 3, 2010, Susp.
......do
do.West Greenwich, Town of, Kent County
440037
October 10, 1975, Emerg; January 3, 1986, Reg; December 3, 2010, Susp.
......do
do.West Warwick, Town of, Kent County
440007
September 1, 1972, Emerg; February 1, 1978, Reg; December 3, 2010, Susp.
......do
do.**Region IV**Tennessee: Woodbury, Town of, Cannon County
470021
May 23, 1973, Emerg; September 1, 1977, Reg; December 3, 2010, Susp.
......do
do.**Region V**Indiana:( print page 71365)Bedford, City of, Lawrence County
180148
April 17, 1975, Emerg; September 4, 1987, Reg; December 3, 2010, Susp.
......do
do.Lawrence County, Unincorporated Areas
180441
June 24, 1993, Emerg; June 1, 1994, Reg; December 3, 2010, Susp.
......do
do.Michigan:Clare, City of, Clare and Isabella Counties
260629
August 26, 1975, Emerg; February 5, 1992, Reg; December 3, 2010, Susp.
......do
do.Redding, Township of, Clare County
260382
June 28, 1979, Emerg; June 17, 1986, Reg; December 3, 2010, Susp.
......do
do.Surrey, Township of, Clare County
261337
November 24, 2009, Emerg; December 3, 2010, Reg; December 3, 2010, Susp.
......do
do.Ohio: Adams County, Unincorporated Areas
390001
March 14, 1978, Emerg; February 3, 2003, Reg; December 3, 2010, Susp.
......do
do.Manchester, Village of, Adams County
390002
October 25, 1974, Emerg; August 1, 1978, Reg; December 3, 2010, Susp.
......do
do.Rome, Village of, Adams County
390003
February 16, 1977, Emerg; October 18, 1983, Reg; December 3, 2010, Susp.
......do
do.Bay Village, City of, Cuyahoga County
390093
June 14, 1974, Emerg; December 1, 1977, Reg; December 3, 2010, Susp.
......do
do.Beachwood, City of, Cuyahoga County
390094
November 26, 1975, Emerg; April 20, 1979, Reg; December 3, 2010, Susp.
......do
do.Bedford Heights, City of, Cuyahoga County
390096
June 11, 1975, Emerg; September 17, 1980, Reg; December 3, 2010, Susp.
......do
do.Bedford, City of, Cuyahoga County
390095
July 11, 1975, Emerg; January 2, 1981, Reg; December 3, 2010, Susp.
......do
do.Bentleyville, Village of, Cuyahoga County
390682
March 24, 1976, Emerg; August 1, 1980, Reg; December 3, 2010, Susp.
......do
do.Berea, City of, Cuyahoga County
390097
April 21, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.Bratenahl, Village of, Cuyahoga County
390734
June 9, 1975, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.
......do
do.Brecksville, City of, Cuyahoga County
390098
July 11, 1975, Emerg; January 16, 1981, Reg; December 3, 2010, Susp.
......do
do.Broadview Heights, City of, Cuyahoga County
390099
November 21, 1975, Emerg; March 2, 1979, Reg; December 3, 2010, Susp.
......do
do.Brook Park, City of, Cuyahoga County
390102
April 21, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.Brooklyn Heights, Village of, Cuyahoga County
390101
May 16, 1975, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.
......do
do.Brooklyn, City of, Cuyahoga County
390100
July 3, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.Chagrin Falls, Village of, Cuyahoga County
390103
July 29, 1975, Emerg; July 2, 1980, Reg; December 3, 2010, Susp.
......do
do.Cleveland Heights, City of, Cuyahoga County
390105
April 11, 1975, Emerg; June 25, 1976, Reg; December 3, 2010, Susp.
......do
do.Cleveland, City of, Cuyahoga County
390104
July 20, 1973, Emerg; August 1, 1978, Reg; December 3, 2010, Susp.
......do
do.Cuyahoga County, Unincorporated Areas
390766
October 4, 1979, Emerg; April 2, 1986, Reg; December 3, 2010, Susp.
......do
do.Cuyahoga Heights, Village of, Cuyahoga County
390654
June 18, 1976, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.
......do
do.Euclid, City of, Cuyahoga County
390107
July 3, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Fairview Park, City of, Cuyahoga County
390108
June 24, 1975, Emerg; February 4, 1983, Reg; December 3, 2010, Susp.
......do
do.Garfield Heights, City of, Cuyahoga County
390109
September 18, 1970, Emerg; July 9, 1971, Reg; December 3, 2010, Susp.
......do
do.Gates Mills, Village of, Cuyahoga County
390593
June 4, 1973, Emerg; April 3, 1978, Reg; December 3, 2010, Susp.
......do
do.Glenwillow, Village of, Cuyahoga County
390735
March 14, 1978, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.
......do
do.Highland Heights, City of, Cuyahoga County
390110
November 10, 1976, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.Independence, City of, Cuyahoga County
390111
July 22, 1975, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.
......do
do.Lakewood, City of, Cuyahoga County
390112
March 30, 1973, Emerg; February 1, 1978, Reg; December 3, 2010, Susp.
......do
do.Lyndhurst, City of, Cuyahoga County
390113
May 1, 1975, Emerg; April 23, 1982, Reg; December 3, 2010, Susp.
......do
do.( print page 71366)Maple Heights, City of, Cuyahoga County
390114
July 22, 1975, Emerg; September 17, 1980, Reg; December 3, 2010, Susp.
......do
do.Mayfield Heights, City of, Cuyahoga County
390115
May 3, 1976, Emerg; June 10, 1980, Reg; December 3, 2010, Susp.
......do
do.Middleburg Heights, City of, Cuyahoga County
390117
January 20, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Moreland Hills, Village of, Cuyahoga County
390118
June 30, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.North Olmsted, City of, Cuyahoga County
390120
December 2, 1974, Emerg; September 5, 1979, Reg; December 3, 2010, Susp.
......do
do.Oakwood, Village of, Cuyahoga County
390122
July 3, 1975, Emerg; March 2, 1979, Reg; December 3, 2010, Susp.
......do
do.Olmsted Falls, City of, Cuyahoga County
390672
July 29, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.Orange, Village of, Cuyahoga County
390737
February 16, 1977, Emerg; February 4, 1983, Reg; December 3, 2010, Susp.
......do
do.Parma Heights, City of, Cuyahoga County
390124
January 24, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Parma, City of, Cuyahoga County
390123
April 10, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Pepper Pike, City of, Cuyahoga County
390125
January 29, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Richmond Heights, City of, Cuyahoga County
390126
November 13, 1975, Emerg; January 4, 1985, Reg; December 3, 2010, Susp.
......do
do.Seven Hills, City of, Cuyahoga County
390128
July 30, 1975, Emerg; June 1, 1979, Reg; December 3, 2010, Susp.
......do
do.Shaker Heights, City of, Cuyahoga County
390129
October 28, 1975, Emerg; June 15, 1981, Reg; December 3, 2010, Susp.
......do
do.Solon, City of, Cuyahoga County
390130
July 28, 1975, Emerg; February 4, 1981, Reg; December 3, 2010, Susp.
......do
do.South Euclid, City of, Cuyahoga County
390131
August 5, 1974, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Strongsville, City of, Cuyahoga County
390132
December 13, 1974, Emerg; January 3, 1979, Reg; December 3, 2010, Susp.
......do
do.Valley View, Village of, Cuyahoga County
390134
September 26, 1975, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.
......do
do.Walton Hills, Village of, Cuyahoga County
390636
December 29, 1975, Emerg; February 18, 1981, Reg; December 3, 2010, Susp.
......do
do.Warrensville Heights, City of, Cuyahoga County
390135
July 7, 1975, Emerg; August 17, 1981, Reg; December 3, 2010, Susp.
......do
do.Westlake, City of, Cuyahoga County
390136
July 29, 1975, Emerg; January 16, 1980, Reg; December 3, 2010, Susp.
......do
do.**Region VI**Arkansas:Crawford County, Unincorporated Areas
050428
June 29, 1990, Emerg; August 5, 1991, Reg; December 3, 2010, Susp.
......do
do.Gassville, City of, Baxter County
050243
January 26, 1976, Emerg; November 6, 2008, Reg; December 3, 2010, Susp.
......do
do.Howard County, Unincorporated Areas
050438
March 17, 1983, Emerg; September 30, 1988, Reg; December 3, 2010, Susp.
......do
do.Mineral Springs, City of, Howard County
050349
May 30, 1975, Emerg; June 1, 1987, Reg; December 3, 2010, Susp.
......do
do.Mountain Home, City of, Baxter County
050351
February 9, 1976, Emerg; September 16, 1982, Reg; December 3, 2010, Susp.
......do
do.Norfork, City of, Baxter County
050267
June 2, 1976, Emerg; July 1, 1987, Reg; December 3, 2010, Susp.
......do
do.Salesville, City of, Baxter County
050579
August 14, 1989, Emerg; April 16, 1990, Reg; December 3, 2010, Susp.
......do
do.New Mexico: Las Vegas, City of, San Miguel County
350068
August 11, 1975, Emerg; September 18, 1986, Reg; December 3, 2010, Susp.
......do
do.Texas:Gonzales, City of, Gonzales County
480254
August 6, 1975, Emerg; June 15, 1979, Reg; December 3, 2010, Susp.
......do
do.Gonzales County, Unincorporated Areas
480253
November 8, 1973, Emerg; August 15, 1978, Reg; December 3, 2010, Susp.
......do
do.Nixon, City of, Gonzales and Wilson Counties
481114
March 9, 1976, Emerg; August 26, 1977, Reg; December 3, 2010, Susp.
......do
do.( print page 71367)Waelder, City of, Gonzales County
480255
June 17, 1975, Emerg; December 1, 1977, Reg; December 3, 2010, Susp.
......do
do.*-do- = Ditto.Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
 Dated: November 16, 2010. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation.


[FR Doc. 2010-29418 Filed 11-22-10; 8:45 am] BILLING CODE 9110-12-P