Suspension of Community Eligibility, 52861-52865 [2010-21594]
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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations
docket or RIN number for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Janelle M. Beal,
JAGC, U.S. Navy, Office of the Judge
Advocate General (Administrative Law),
Department of the Navy, 1322 Patterson
Ave., SE., Suite 3000, Washington Navy
Yard, DC 20374–5066, telephone: 703–
614–7403.
SUPPLEMENTARY INFORMATION: The
Department of the Navy is amending 32
CFR part 776, to comport with current
policy as stated in JAG Instruction
5803.1 (Series) governing the
professional conduct of attorneys
practicing under the cognizance and
supervision of the Judge Advocate
General for clients with diminished
capacity. This rule updates the existing
section to reflect the current policy of
the Judge Advocate General to permit a
covered attorney to take protective
action and disclose a client’s condition
when he or she reasonably believes that
the client has diminished capacity and
is at risk of substantial physical selfharm if action is not taken. Thus,
aligning the policy with ABA Model
Rules of Professional Conduct (2010),
Rule 1.14 (Client with Diminished
Capacity). Interested persons are invited
to comment in writing on this
amendment. All written comments
received will be considered in finalizing
the amendment to 32 CFR part 776. It
has been determined that this rule
amendment is not a major rule within
the criteria specified in Executive Order
12866, as amended by Executive Order
13258, and does not have substantial
impact on the public.
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Matters of Regulatory Procedure
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Unfunded Mandates Reform Act (Sec.
202, Pub. L. 104–4)
It has been certified that 32 CFR part
776 does not contain a Federal mandate
that may result in the expenditure by
State, local and tribal governments, in
aggregate, or by the private sector, of
$100 million or more in any one year.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part
776 does not impose any reporting or
recordkeeping requirements under the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 35).
Federalism (Executive Order 13132)
shall, as far as reasonably possible,
maintain a normal attorney-client
relationship with the client.
(2) When the covered attorney
reasonably believes that the client has
diminished capacity, is at risk of
substantial physical, financial, or other
harm unless action is taken and cannot
adequately act in the client’s own
interest, the covered attorney may take
reasonably necessary protective action,
including consulting with individuals
or entities that have the ability to take
action to protect the client.
(3) Information relating to the
representation of a client with
diminished capacity is protected by
§ 776.25 of this part. When taking
protective action pursuant to paragraph
(a)(2) of this section, the covered
attorney is impliedly authorized under
§ 776.25 of this part to reveal
information about the client, but only to
the extent reasonably necessary to
protect the client’s interests.
(b) [Reserved]
It has been certified that 32 CFR Part
776 does not have federalism
implications, as set forth in Executive
Order 13132. This rule does not have
substantial direct effects on:
(1) The States;
(2) The relationship between the
National Government and the States; or
(3) The distribution of power and
responsibilities among the various
levels of government.
Dated: August 24, 2010.
D.J. Werner,
Lieutenant Commander, Office of the Judge
Advocate General, U.S. Navy, Federal
Register Liaison Officer.
List of Subjects in 32 CFR Part 776
Federal Emergency Management
Agency
Rules of Professional Conduct, and
Complaint Processing Procedures.
■ For the reasons set forth in the
preamble, the Department of the Navy
amends 32 CFR Part 776, as follows:
[FR Doc. 2010–21499 Filed 8–27–10; 8:45 am]
BILLING CODE 3810–FF–P
DEPARTMENT OF HOMELAND
SECURITY
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8145]
PART 776—PROFESSIONAL
CONDUCT OF ATTORNEYS
PRACTICING UNDER THE
COGNIZANCE AND SUPERVISION OF
THE JUDGE ADVOCATE GENERAL
Suspension of Community Eligibility
1. The authority citation for 32 CFR
Part 776 continues to read as follows:
SUMMARY:
■
Executive Order 12866, ‘‘Regulatory
Planning and Review’’
It has been determined that 32 CFR
Part 776 is not a significant regulatory
action. The rule does not:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
VerDate Mar<15>2010
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs, or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.
52861
Authority: 10 U.S.C. 806, 806a, 826, 827.
Subpart B—Rules of Professional
Conduct
■
2. Revise § 776.33 to read as follows:
§ 776.33
Client with diminished capacity.
(a) Client with diminished capacity:
(1) When a client’s ability to make
adequately considered decisions in
connection with the representation is
diminished, whether because of
minority, mental impairment, or for
some other reason, the covered attorney
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Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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
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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations
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
Community
No.
State and location
360498
Cambria, Town of, Niagara County .......
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Region II
New York:
Barker, Village of, Niagara County ........
360499
Hartland, Town of, Niagara County .......
360500
Lewiston, Town of, Niagara County ......
360502
Lockport, City of, Niagara County .........
360503
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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 17,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 13132, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 13132.
Executive Order 12988, Civil Justice
Reform. This rule meets the applicable
standards of Executive Order 12988.
Paperwork Reduction Act. This rule
does not involve any collection of
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
List of Subjects in 44 CFR Part 64
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
■
PART 64—[AMENDED]
1. The authority citation for part 64
continues to read as follows:
■
Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3 CFR,
1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp.; p. 376.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain
Federal assistance no longer
available in
SFHAs
April 10, 1975, Emerg; May 1, 1984, Reg;
September 17, 2010, Susp.
July 7, 1975, Emerg; September 30, 1983,
Reg; September 17, 2010, Susp.
May 1, 1975, Emerg; October 7, 1983, Reg;
September 17, 2010, Susp.
March 27, 1974, Emerg; June 18, 1980,
Reg; September 17, 2010, Susp.
December 17, 1973, Emerg; February 4,
1981, Reg; September 17, 2010, Susp.
Sept. 17, 2010 ..
Sept. 17, 2010.
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30AUR1
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Community
No.
State and location
Lockport, Town of, Niagara County ......
361013
Middleport, Village of, Niagara County
360505
North Tonawanda, City of, Niagara
County.
Pendleton, Town of, Niagara County ....
360508
360509
Porter, Town of, Niagara County ..........
360510
Royalton, Town of, Niagara County ......
360511
Wheatfield, Town of, Niagara County ...
360513
Youngstown, Village of, Niagara County
360515
Region III
Virginia:
Clifton, Town of, Fairfax County ............
510186
Fairfax County, Unincorporated Areas ..
515525
Gloucester County, Unincorporated
Areas.
Herndon, Town of, Fairfax County ........
510071
510052
Irvington, Town of, Lancaster County ...
510221
Lancaster
County,
Unincorporated
Areas.
Northumberland
County,
Unincorporated Areas.
Vienna, Town of, Fairfax County ...........
510084
White Stone, Town of, Lancaster County.
510107
510053
510235
Region IV
Alabama:
Aliceville, City of, Pickens County .........
010180
Ethelsville, Town of, Pickens County ....
010281
Gordo, Town of, Pickens County ..........
010220
Pickens County, Unincorporated Areas
010283
Pickensville, Town of, Pickens County
010423
Reform, Town of, Pickens County ........
010221
Georgia:
Comer, City of, Madison County ...........
130211
Morganton, City of, Fannin County .......
130449
Mountain City, Town of, Rabun County
130252
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Randolph
County,
Unincorporated
Areas.
Kentucky:
Hustonville, City of, Lincoln County ......
210144
Stanford, City of, Lincoln County ..........
210145
Mississippi:
Alcorn County, Unincorporated Areas ...
280267
Coffeeville, Town of, Yalobusha County
280186
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Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
December 17, 1973, Emerg; September 2,
1981, Reg; September 17, 2010, Susp.
April 8, 1975, Emerg; August 1, 1983, Reg;
September 17, 2010, Susp.
May 14, 1975, Emerg; January 6, 1982,
Reg; September 17, 2010, Susp.
April 12, 1974, Emerg; January 6, 1982,
Reg; September 17, 2010, Susp.
July 17, 1974, Emerg; August 15, 1983,
Reg; September 17, 2010, Susp.
November 29, 1974, Emerg; July 6, 1979,
Reg; September 17, 2010, Susp.
July 5, 1973, Emerg; July 16, 1981, Reg;
September 17, 2010, Susp.
March 30, 1973, Emerg; June 4, 1980,
Reg; September 17, 2010, Susp.
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Do.
February 8, 1974, Emerg; July 17, 1978,
Reg; September 17, 2010, Susp.
December 21, 1978, Emerg; March 18,
1985, Reg; September 17, 2010, Susp.
August 6, 1974, Emerg; August 15, 1978,
Reg; September 17, 2010, Susp.
May 25, 1976, Emerg; June 4, 1990, Reg;
September 17, 2010, Susp.
N/A, Emerg; June 6, 1996, Reg; September
17, 2010, Susp.
July 31, 1974, Emerg; July 3, 1978, Reg;
September 17, 2010, Susp.
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Do.
May 12, 1975, Emerg; June 1, 1978, Reg;
September 17, 2010, Susp.
November 17, 1976, Emerg; April 2, 1986,
Reg; September 17, 2010, Susp.
January 30, 1980, Emerg; July 9, 1982,
Reg; September 17, 2010, Susp.
May 16, 1997, Emerg; September 17, 2010,
Reg; September 17, 2010, Susp.
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Do.
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August 26, 1975, Emerg; September 27,
1985, Reg; September 17, 2010, Susp.
February 26, 1975, Emerg; September 27,
1985, Reg; September 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
N/A, Emerg; February 27, 1992, Reg; September 17, 2010, Susp.
April 8, 1975, Emerg; September 4, 1986,
Reg; September 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
December 5, 1973, Emerg; May 2, 1977,
Reg; September 17, 2010, Susp.
June 19, 1970, Emerg; January 7, 1972,
Reg; September 17, 2010, Susp.
March 25, 1974, Emerg; August 4, 1987,
Reg; September 17, 2010, Susp.
May 21, 1973, Emerg; August 1, 1979,
Reg; September 17, 2010, Susp.
August 18, 1975, Emerg; August 4, 1987,
Reg; September 17, 2010, Susp.
November 27, 1973, Emerg; March 4,
1988, Reg; September 17, 2010, Susp.
October 9, 1973, Emerg; July 4, 1989, Reg;
September 17, 2010, Susp.
August 8, 1974, Emerg; February 3, 1982,
Reg; September 17, 2010, Susp.
August 18, 1975, Emerg; September 24,
1984, Reg; September 17, 2010, Susp.
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Federal Register / Vol. 75, No. 167 / Monday, August 30, 2010 / Rules and Regulations
Community
No.
State and location
Corinth, City of, Alcorn County ..............
280002
Duck Hill, Town of, Montgomery County
280118
Louisville, City of, Winston County ........
280185
Montgomery County, Unincorporated
Areas.
Rienzi, Town of, Alcorn County .............
280212
280322
Water Valley, City of, Yalobusha County.
Winona, City of, Montgomery County ...
280119
Winston County, Unincorporated Areas
280308
Tennessee:
Ashland City, Town of, Cheatham
County.
Cheatham
County,
Unincorporated
Areas.
Decatur, Town of, Meigs County ...........
Kingston Springs, Town of, Cheatham
County.
Pegram, Town of, Cheatham County ....
Region V
Illinois:
Bonnie, Village of, Jefferson County .....
280187
470027
470026
470134
470289
470291
170306
East Dubuque, City of, Jo Daviess
County.
Galena, City of, Jo Daviess County ......
170752
175168
Hanover, Village of, Jo Daviess County
170755
Ina, Village of, Jefferson County ...........
170307
Jefferson
County,
Unincorporated
Areas.
Jo Daviess County, Unincorporated
Areas.
Mount Vernon, City of, Jefferson County.
Peoria Heights, Village of, Peoria,
Tazewell, and Woodford Counties.
Roanoke, Village of, Woodford County
170305
170902
170308
170537
170727
260019
Bay City, City of, Bay County ................
260020
Essexville, City of, Bay County .............
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Spring Bay, Village of, Woodford County.
Washburn, Village of, Marshall and
Woodford Counties.
Woodford
County,
Unincorporated
Areas.
Michigan:
Bangor, Township of, Bay County ........
260021
Fraser, Township of, Bay County ..........
260657
Hampton, Township of, Bay County .....
260023
Kawkawlin, Township of, Bay County ...
260658
Monitor, Township of, Bay County ........
260358
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170887
170728
170730
Frm 00008
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
July 26, 1974, Emerg; March 16, 1981,
Reg; September 17, 2010, Susp.
June 23, 1975, Emerg; April 2, 1986, Reg;
September 17, 2010, Susp.
February 11, 1974, Emerg; June 15, 1978,
Reg; September 17, 2010, Susp.
April 11, 1974, Emerg; September 1, 1987,
Reg; September 17, 2010, Susp.
October 30, 2006, Emerg; September 17,
2010, Reg; September 17, 2010, Susp.
December 5, 1974, Emerg; September 27,
1985, Reg; September 17, 2010, Susp.
February 18, 1975, Emerg; July 2, 1987,
Reg; September 17, 2010, Susp.
December 21, 1978, Emerg; August 19,
1985, Reg; September 17, 2010, Susp.
......do ...............
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March 10, 1975, Emerg; April 1, 1981, Reg;
September 17, 2010, Susp.
September 27, 1974, Emerg; May 19, 1981,
Reg; September 17, 2010, Susp.
March 27, 1975, Emerg; June 3, 1986,
Reg; September 17, 2010, Susp.
June 11, 1984, Emerg; June 11, 1984, Reg;
September 17, 2010, Susp.
April 9, 1987, Emerg; April 9, 1987, Reg;
September 17, 2010, Susp.
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Do.
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Do.
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Do.
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Do.
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Do.
September 10, 1975, Emerg; August 19,
1985, Reg; September 17, 2010, Susp.
June 25, 1975, Emerg; October 18, 1983,
Reg; September 17, 2010, Susp.
August 27, 1971, Emerg; July 20, 1973,
Reg; September 17, 2010, Susp.
July 21, 1975, Emerg; May 4, 1989, Reg;
September 17, 2010, Susp.
March 2, 1976, Emerg; May 25, 1984, Reg;
September 17, 2010, Susp.
October 31, 2000, Emerg; September 17,
2010, Reg; September 17, 2010, Susp.
April 19, 1979, Emerg; January 18, 1984,
Reg; September 17, 2010, Susp.
September 30, 1974, Emerg; February 15,
1984, Reg; September 17, 2010, Susp.
October 13, 1972, Emerg; November 1,
1979, Reg; September 17, 2010, Susp.
June 17, 1975, Emerg; September 4, 1987,
Reg; September 17, 2010, Susp.
August 26, 1977, Emerg; June 4, 1980,
Reg; September 17, 2010, Susp.
January 27, 1975, Emerg; July 2, 1987,
Reg; September 17, 2010, Susp.
September 7, 1973, Emerg; February 1,
1984, Reg; September 17, 2010, Susp.
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March 30, 1973, Emerg; July 2, 1979, Reg;
September 17, 2010, Susp.
March 30, 1973, Emerg; September 1,
1978, Reg; September 17, 2010, Susp.
March 30, 1973, Emerg; September 1,
1978, Reg; September 17, 2010, Susp.
November 13, 1981, Emerg; November 13,
1981, Reg; September 17, 2010, Susp.
March 30, 1973, Emerg; August 1, 1978,
Reg; September 17, 2010, Susp.
January 29, 1979, Emerg; February 1,
1979, Reg; September 17, 2010, Susp.
July 21, 1982, Emerg; August 19, 1985,
Reg; September 17, 2010, Susp.
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Community
No.
State and location
Pinconning, City of, Bay County ...........
260607
Pinconning, Township of, Bay County ..
260025
Region VII
Missouri:
Bolivar, City of, Polk County .................
290299
Marshfield, City of, Webster County .....
290685
Seymour, City of, Webster County ........
290933
Webster County, Unincorporated Areas
290848
Region X
Oregon:
Astoria, City of, Clatsop County ............
410028
Cannon Beach, City of, Clatsop County
410029
Clatsop County, Unincorporated Areas
410027
Gearhart, City of, Clatsop County .........
410030
Seaside, City of, Clatsop County ..........
410032
Warrenton, City of, Clatsop County ......
410033
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
March 17, 1975, Emerg; August 3, 1981,
Reg; September 17, 2010, Susp.
March 30, 1973, Emerg; September 1,
1978, Reg; September 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
July 24, 1975, Emerg; June 15, 1988, Reg;
September 17, 2010, Susp.
June 13, 1975, Emerg; September 10,
1984, Reg; September 17, 2010, Susp.
N/A, Emerg; February 11, 2005, Reg; September 17, 2010, Susp.
N/A, Emerg; April 14, 2003, Reg; September 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
October 16, 1974, Emerg; August 1, 1978,
Reg; September 17, 2010, Susp.
March 6, 1974, Emerg; September 1, 1978,
Reg; September 17, 2010, Susp.
February 7, 1974, Emerg; July 3, 1978,
Reg; September 17, 2010, Susp.
April 11, 1974, Emerg; May 15, 1978, Reg;
September 17, 2010, Susp.
March 25, 1974, Emerg; September 5,
1979, Reg; September 17, 2010, Susp.
July 16, 1975, Emerg; May 15, 1978, Reg;
September 17, 2010, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: August 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
[FR Doc. 2010–21594 Filed 8–27–10; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2010–0003; Internal
Agency Docket No. FEMA–8143]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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
jlentini on DSKJ8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:08 Aug 27, 2010
Jkt 220001
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.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
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
E:\FR\FM\30AUR1.SGM
30AUR1
]]>Agencies
[Federal Register Volume 75, Number 167 (Monday, August 30, 2010)]
[Rules and Regulations]
[Pages 52861-52865]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-21594]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2010-0003; Internal Agency Docket No. FEMA-8145]
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
[[Page 52862]]
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 17, 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 II
New York:
Barker, Village of, Niagara 360498 April 10, 1975, Sept. 17, 2010........ Sept. 17, 2010.
County. Emerg; May 1,
1984, Reg;
September 17,
2010, Susp.
Cambria, Town of, Niagara 360499 July 7, 1975, ......do.............. Do.
County. Emerg; September
30, 1983, Reg;
September 17,
2010, Susp.
Hartland, Town of, Niagara 360500 May 1, 1975, ......do.............. Do.
County. Emerg; October
7, 1983, Reg;
September 17,
2010, Susp.
Lewiston, Town of, Niagara 360502 March 27, 1974, ......do.............. Do.
County. Emerg; June 18,
1980, Reg;
September 17,
2010, Susp.
Lockport, City of, Niagara 360503 December 17, ......do.............. Do.
County. 1973, Emerg;
February 4,
1981, Reg;
September 17,
2010, Susp.
[[Page 52863]]
Lockport, Town of, Niagara 361013 December 17, ......do.............. Do.
County. 1973, Emerg;
September 2,
1981, Reg;
September 17,
2010, Susp.
Middleport, Village of, 360505 April 8, 1975, ......do.............. Do.
Niagara County. Emerg; August 1,
1983, Reg;
September 17,
2010, Susp.
North Tonawanda, City of, 360508 May 14, 1975, ......do.............. Do.
Niagara County. Emerg; January
6, 1982, Reg;
September 17,
2010, Susp.
Pendleton, Town of, Niagara 360509 April 12, 1974, ......do.............. Do.
County. Emerg; January
6, 1982, Reg;
September 17,
2010, Susp.
Porter, Town of, Niagara 360510 July 17, 1974, ......do.............. Do.
County. Emerg; August
15, 1983, Reg;
September 17,
2010, Susp.
Royalton, Town of, Niagara 360511 November 29, ......do.............. Do.
County. 1974, Emerg;
July 6, 1979,
Reg; September
17, 2010, Susp.
Wheatfield, Town of, 360513 July 5, 1973, ......do.............. Do.
Niagara County. Emerg; July 16,
1981, Reg;
September 17,
2010, Susp.
Youngstown, Village of, 360515 March 30, 1973, ......do.............. Do.
Niagara County. Emerg; June 4,
1980, Reg;
September 17,
2010, Susp.
Region III
Virginia:
Clifton, Town of, Fairfax 510186 December 5, 1973, ......do.............. Do.
County. Emerg; May 2,
1977, Reg;
September 17,
2010, Susp.
Fairfax County, 515525 June 19, 1970, ......do.............. Do.
Unincorporated Areas. Emerg; January
7, 1972, Reg;
September 17,
2010, Susp.
Gloucester County, 510071 March 25, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; August 4,
1987, Reg;
September 17,
2010, Susp.
Herndon, Town of, Fairfax 510052 May 21, 1973, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
September 17,
2010, Susp.
Irvington, Town of, 510221 August 18, 1975, ......do.............. Do.
Lancaster County. Emerg; August 4,
1987, Reg;
September 17,
2010, Susp.
Lancaster County, 510084 November 27, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
March 4, 1988,
Reg; September
17, 2010, Susp.
Northumberland County, 510107 October 9, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; July 4,
1989, Reg;
September 17,
2010, Susp.
Vienna, Town of, Fairfax 510053 August 8, 1974, ......do.............. Do.
County. Emerg; February
3, 1982, Reg;
September 17,
2010, Susp.
White Stone, Town of, 510235 August 18, 1975, ......do.............. Do.
Lancaster County. Emerg; September
24, 1984, Reg;
September 17,
2010, Susp.
Region IV
Alabama:
Aliceville, City of, 010180 February 8, 1974, ......do.............. Do.
Pickens County. Emerg; July 17,
1978, Reg;
September 17,
2010, Susp.
Ethelsville, Town of, 010281 December 21, ......do.............. Do.
Pickens County. 1978, Emerg;
March 18, 1985,
Reg; September
17, 2010, Susp.
Gordo, Town of, Pickens 010220 August 6, 1974, ......do.............. Do.
County. Emerg; August
15, 1978, Reg;
September 17,
2010, Susp.
Pickens County, 010283 May 25, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; June 4,
1990, Reg;
September 17,
2010, Susp.
Pickensville, Town of, 010423 N/A, Emerg; June ......do.............. Do.
Pickens County. 6, 1996, Reg;
September 17,
2010, Susp.
Reform, Town of, Pickens 010221 July 31, 1974, ......do.............. Do.
County. Emerg; July 3,
1978, Reg;
September 17,
2010, Susp.
Georgia:
Comer, City of, Madison 130211 May 12, 1975, ......do.............. Do.
County. Emerg; June 1,
1978, Reg;
September 17,
2010, Susp.
Morganton, City of, Fannin 130449 November 17, ......do.............. Do.
County. 1976, Emerg;
April 2, 1986,
Reg; September
17, 2010, Susp.
Mountain City, Town of, 130252 January 30, 1980, ......do.............. Do.
Rabun County. Emerg; July 9,
1982, Reg;
September 17,
2010, Susp.
Randolph County, 130553 May 16, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; September
17, 2010, Reg;
September 17,
2010, Susp.
Kentucky:
Hustonville, City of, 210144 August 26, 1975, ......do.............. Do.
Lincoln County. Emerg; September
27, 1985, Reg;
September 17,
2010, Susp.
Stanford, City of, Lincoln 210145 February 26, ......do.............. Do.
County. 1975, Emerg;
September 27,
1985, Reg;
September 17,
2010, Susp.
Mississippi:
Alcorn County, 280267 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. February 27,
1992, Reg;
September 17,
2010, Susp.
Coffeeville, Town of, 280186 April 8, 1975, ......do.............. Do.
Yalobusha County. Emerg; September
4, 1986, Reg;
September 17,
2010, Susp.
[[Page 52864]]
Corinth, City of, Alcorn 280002 July 26, 1974, ......do.............. Do.
County. Emerg; March 16,
1981, Reg;
September 17,
2010, Susp.
Duck Hill, Town of, 280118 June 23, 1975, ......do.............. Do.
Montgomery County. Emerg; April 2,
1986, Reg;
September 17,
2010, Susp.
Louisville, City of, 280185 February 11, ......do.............. Do.
Winston County. 1974, Emerg;
June 15, 1978,
Reg; September
17, 2010, Susp.
Montgomery County, 280212 April 11, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
September 17,
2010, Susp.
Rienzi, Town of, Alcorn 280322 October 30, 2006, ......do.............. Do.
County. Emerg; September
17, 2010, Reg;
September 17,
2010, Susp.
Water Valley, City of, 280187 December 5, 1974, ......do.............. Do.
Yalobusha County. Emerg; September
27, 1985, Reg;
September 17,
2010, Susp.
Winona, City of, Montgomery 280119 February 18, ......do.............. Do.
County. 1975, Emerg;
July 2, 1987,
Reg; September
17, 2010, Susp.
Winston County, 280308 December 21, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
August 19, 1985,
Reg; September
17, 2010, Susp.
Tennessee:
Ashland City, Town of, 470027 March 10, 1975, ......do.............. Do.
Cheatham County. Emerg; April 1,
1981, Reg;
September 17,
2010, Susp.
Cheatham County, 470026 September 27, ......do.............. Do.
Unincorporated Areas. 1974, Emerg; May
19, 1981, Reg;
September 17,
2010, Susp.
Decatur, Town of, Meigs 470134 March 27, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg;
September 17,
2010, Susp.
Kingston Springs, Town of, 470289 June 11, 1984, ......do.............. Do.
Cheatham County. Emerg; June 11,
1984, Reg;
September 17,
2010, Susp.
Pegram, Town of, Cheatham 470291 April 9, 1987, ......do.............. Do.
County. Emerg; April 9,
1987, Reg;
September 17,
2010, Susp.
Region V
Illinois:
Bonnie, Village of, 170306 September 10, ......do.............. Do.
Jefferson County. 1975, Emerg;
August 19, 1985,
Reg; September
17, 2010, Susp.
East Dubuque, City of, Jo 170752 June 25, 1975, ......do.............. Do.
Daviess County. Emerg; October
18, 1983, Reg;
September 17,
2010, Susp.
Galena, City of, Jo Daviess 175168 August 27, 1971, ......do.............. Do.
County. Emerg; July 20,
1973, Reg;
September 17,
2010, Susp.
Hanover, Village of, Jo 170755 July 21, 1975, ......do.............. Do.
Daviess County. Emerg; May 4,
1989, Reg;
September 17,
2010, Susp.
Ina, Village of, Jefferson 170307 March 2, 1976, ......do.............. Do.
County. Emerg; May 25,
1984, Reg;
September 17,
2010, Susp.
Jefferson County, 170305 October 31, 2000, ......do.............. Do.
Unincorporated Areas. Emerg; September
17, 2010, Reg;
September 17,
2010, Susp.
Jo Daviess County, 170902 April 19, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; January
18, 1984, Reg;
September 17,
2010, Susp.
Mount Vernon, City of, 170308 September 30, ......do.............. Do.
Jefferson County. 1974, Emerg;
February 15,
1984, Reg;
September 17,
2010, Susp.
Peoria Heights, Village of, 170537 October 13, 1972, ......do.............. Do.
Peoria, Tazewell, and Emerg; November
Woodford Counties. 1, 1979, Reg;
September 17,
2010, Susp.
Roanoke, Village of, 170727 June 17, 1975, ......do.............. Do.
Woodford County. Emerg; September
4, 1987, Reg;
September 17,
2010, Susp.
Spring Bay, Village of, 170887 August 26, 1977, ......do.............. Do.
Woodford County. Emerg; June 4,
1980, Reg;
September 17,
2010, Susp.
Washburn, Village of, 170728 January 27, 1975, ......do.............. Do.
Marshall and Woodford Emerg; July 2,
Counties. 1987, Reg;
September 17,
2010, Susp.
Woodford County, 170730 September 7, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
February 1,
1984, Reg;
September 17,
2010, Susp.
Michigan:
Bangor, Township of, Bay 260019 March 30, 1973, ......do.............. Do.
County. Emerg; July 2,
1979, Reg;
September 17,
2010, Susp.
Bay City, City of, Bay 260020 March 30, 1973, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Essexville, City of, Bay 260021 March 30, 1973, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Fraser, Township of, Bay 260657 November 13, ......do.............. Do.
County. 1981, Emerg;
November 13,
1981, Reg;
September 17,
2010, Susp.
Hampton, Township of, Bay 260023 March 30, 1973, ......do.............. Do.
County. Emerg; August 1,
1978, Reg;
September 17,
2010, Susp.
Kawkawlin, Township of, Bay 260658 January 29, 1979, ......do.............. Do.
County. Emerg; February
1, 1979, Reg;
September 17,
2010, Susp.
Monitor, Township of, Bay 260358 July 21, 1982, ......do.............. Do.
County. Emerg; August
19, 1985, Reg;
September 17,
2010, Susp.
[[Page 52865]]
Pinconning, City of, Bay 260607 March 17, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg;
September 17,
2010, Susp.
Pinconning, Township of, 260025 March 30, 1973, ......do.............. Do.
Bay County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Region VII
Missouri:
Bolivar, City of, Polk 290299 July 24, 1975, ......do.............. Do.
County. Emerg; June 15,
1988, Reg;
September 17,
2010, Susp.
Marshfield, City of, 290685 June 13, 1975, ......do.............. Do.
Webster County. Emerg; September
10, 1984, Reg;
September 17,
2010, Susp.
Seymour, City of, Webster 290933 N/A, Emerg; ......do.............. Do.
County. February 11,
2005, Reg;
September 17,
2010, Susp.
Webster County, 290848 N/A, Emerg; April ......do.............. Do.
Unincorporated Areas. 14, 2003, Reg;
September 17,
2010, Susp.
Region X
Oregon:
Astoria, City of, Clatsop 410028 October 16, 1974, ......do.............. Do.
County. Emerg; August 1,
1978, Reg;
September 17,
2010, Susp.
Cannon Beach, City of, 410029 March 6, 1974, ......do.............. Do.
Clatsop County. Emerg; September
1, 1978, Reg;
September 17,
2010, Susp.
Clatsop County, 410027 February 7, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 3,
1978, Reg;
September 17,
2010, Susp.
Gearhart, City of, Clatsop 410030 April 11, 1974, ......do.............. Do.
County. Emerg; May 15,
1978, Reg;
September 17,
2010, Susp.
Seaside, City of, Clatsop 410032 March 25, 1974, ......do.............. Do.
County. Emerg; September
5, 1979, Reg;
September 17,
2010, Susp.
Warrenton, City of, Clatsop 410033 July 16, 1975, ......do.............. Do.
County. Emerg; May 15,
1978, Reg;
September 17,
2010, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: August 19, 2010.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2010-21594 Filed 8-27-10; 8:45 am]
BILLING CODE 9110-12-P
