[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23498-23502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10174]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8177]
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
[[Page 23499]]
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]
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 III
West Virginia:
Barbour County, 540001 November 21, May 3, 2011........... May 3, 2011.
Unincorporated Areas. 1975, Emerg;
July 1, 1987,
Reg; May 3,
2011, Susp.
Belington, Town of, Barbour 540002 November 11, *......do............. Do.
County. 1974, Emerg;
August 1, 1979,
Reg; May 3,
2011, Susp.
Junior, Town of, Barbour 540003 April 3, 1975, ......do.............. Do.
County. Emerg; April 17,
1987, Reg; May
3, 2011, Susp.
Philippi, City of, Barbour 540004 June 26, 1974, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
May 3, 2011,
Susp.
Region IV
Kentucky: Glasgow, City of, 210007 November 29, ......do.............. Do.
Barren County. 1974, Emerg; May
1, 1987, Reg;
May 3, 2011,
Susp.
Mississippi:
Clay County, Unincorporated 280036 January 19, 1978, ......do.............. Do.
Areas. Emerg; July 16,
1990, Reg; May
3, 2011, Susp.
[[Page 23500]]
West Point, City of, Clay 280037 February 1, 1974, ......do.............. Do.
County. Emerg; January
5, 1978, Reg;
May 3, 2011,
Susp.
South Carolina:
Fairfield County, 450075 December 21, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
July 19, 1982,
Reg; May 3,
2011, Susp.
Greenwood, City of, 450093 July 22, 1975, ......do.............. Do.
Greenwood County. Emerg; February
4, 1987, Reg;
May 3, 2011,
Susp.
Greenwood County, 450094 April 21, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; March 18,
1987, Reg; May
3, 2011, Susp.
Ninety Six, Town of, 450244 September 17, ......do.............. Do.
Greenwood County. 1986, Emerg;
September 17,
1986, Reg; May
3, 2011, Susp.
Region V
Indiana:
Alexandria, City of, 180149 December 13, ......do.............. Do.
Madison County. 1974, Emerg;
July 2, 1981,
Reg; May 3,
2011, Susp.
Anderson, City of, Madison 180150 November 7, 1974, ......do.............. Do.
County. Emerg; December
4, 1979, Reg;
May 3, 2011,
Susp.
Chesterfield, Town of, 180151 February 14, ......do.............. Do.
Madison County. 1975, Emerg; May
1, 1980, Reg;
May 3, 2011,
Susp.
Elwood, City of, Madison 180152 March 19, 1975, ......do.............. Do.
and Tipton Counties. Emerg; May 19,
1981, Reg; May
3, 2011, Susp.
Frankton, Town of, Madison 180154 June 5, 1975, ......d............... Do.
County. Emerg; May 5,
1981, Reg; May
3, 2011, Susp.
Ingalls, Town of, Madison 180155 March 24, 1975, ......do.............. Do.
County. Emerg; July 15,
1988, Reg; May
3, 2011, Susp.
Madison County, 180442 October 23, 1990, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1994, Reg;
May 3, 2011,
Susp.
Pendleton, Town of, Madison 180156 December 26, ......do.............. Do.
County. 1974, Emerg; May
3, 1982, Reg;
May 3, 2011,
Susp.
Summitville, Town of, 180157 May 5, 1975, ......do.............. Do.
Madison County. Emerg; July 21,
1978, Reg; May
3, 2011, Susp.
Michigan:
DeWitt, Charter Township 260631 August 25, 1975, ......do.............. Do.
of, Clinton County. Emerg; June 18,
1980, Reg; May
3, 2011, Susp.
DeWitt, City of, Clinton 260060 July 11, 1975, ......do.............. Do.
County. Emerg; December
18, 1979, Reg;
May 3, 2011,
Susp.
East Lansing, City of, 260089 March 24, 1975, ......do.............. Do.
Clinton and Ingham Emerg; August 1,
Counties. 1980, Reg; May
3, 2011, Susp.
Elsie, Village of, Clinton 260725 May 28, 1982, ......do.............. Do.
County. Emerg; July 16,
1987, Reg; May
3, 2011, Susp.
Hubbardston, Village of, 260418 February 7, 1990, ......do.............. Do.
Clinton and Ionia Counties. Emerg; June 1,
1995, Reg; May
3, 2011, Susp.
Maple Rapids, Village of, 260384 November 8, 1976, ......do.............. Do.
Clinton County. Emerg; September
1, 1986, Reg;
May 3, 2011,
Susp.
Ovid, Village of, Clinton 260318 May 1, 1975, ......do.............. Do.
County. Emerg; August 2,
1982, Reg; May
3, 2011, Susp.
St. Johns, City of, Clinton 260726 May 28, 1982, ......do.............. Do.
County. Emerg; March 16,
1988, Reg; May
3, 2011, Susp.
Victor, Township of, 260720 May 11, 1981, ......do.............. Do.
Clinton County. Emerg; February
2, 1989, Reg;
May 3, 2011,
Susp.
Watertown, Charter Township 260291 April 16, 1974, ......do.............. Do.
of, Clinton County. Emerg; May 17,
1982, Reg; May
3, 2011, Susp.
Ohio:
Bettsville, Village of, 390500 December 21, ......do.............. Do.
Seneca County. 1978, Emerg;
September 30,
1988, Reg; May
3, 2011, Susp.
Seneca County, 390779 April 3, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1990, Reg; May
3, 2011, Susp.
Tiffin, City of, Seneca 390502 May 12, 1975, ......do.............. Do.
County. Emerg; July 3,
1986, Reg; May
3, 2011, Susp.
Region VI
Arkansas:
Crittenden County, 050429 May 18, 1983, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1985, Reg;
May 3, 2011,
Susp.
Earle, City of, Crittenden 050054 June 20, 1974, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
May 3, 2011,
Susp.
Edmondson, Town of, 050409 November 8, 1976, ......do.............. Do.
Crittenden County. Emerg; March 18,
1986, Reg; May
3, 2011, Susp.
Horseshoe Lake, Town of, 055057 N/A, Emerg; ......do.............. Do.
Crittenden County. January 18,
2006, Reg; May
3, 2011, Susp.
[[Page 23501]]
Marion, City of, Crittenden 050345 July 9, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
May 3, 2011,
Susp.
Turrell, City of, 050370 July 9, 1976, ......do.............. Do.
Crittenden County. Emerg; February
1, 1988, Reg;
May 3, 2011,
Susp.
West Memphis, City of, 050055 June 6, 1974, ......do.............. Do.
Crittenden County. Emerg; July 16,
1980, Reg; May
3, 2011, Susp.
Region VII
Iowa:
Beaver, City of, Boone 190322 January 3, 2008, ......do.............. Do.
County. Emerg; May 3,
2011, Reg; May
3, 2011, Susp.
Boone, City of, Boone 190555 N/A, Emerg; ......do.............. Do.
County. October 7, 1993,
Reg; May 3,
2011, Susp..
Boone County, 190846 November 9, 1993, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1996, Reg;
May 3, 2011,
Susp.
Fort Madison, City of, Lee 190184 April 11, 1974, ......do.............. Do.
County. Emerg; May 3,
1982, Reg; May
3, 2011, Susp.
Keokuk, City of, Lee County 190185 March 27, 1974, ......do.............. Do.
Emerg; March 1,
1978, Reg; May
3, 2011, Susp.
Lee County, Unincorporated 190182 September 11, ......do.............. Do.
Areas. 1978, Emerg;
June 15, 1981,
Reg; May 3,
2011, Susp.
Madrid, City of, Boone 190325 October 21, 1976, ......do.............. Do.
County. Emerg; June 10,
1980, Reg; May
3, 2011, Susp.
Montrose, City of, Lee 190186 August 8, 1975, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
May 3, 2011,
Susp.
Pilot Mound, City of, Boone 190326 August 28, 1990, ......do.............. Do.
County. Emerg; July 1,
1991, Reg; May
3, 2011, Susp.
Kansas:
Lane, City of, Franklin 200103 December 20, ......do.............. Do.
County. 2007, Emerg;
September 1,
2008, Reg; May
3, 2011, Susp.
Rantoul, City of, Franklin 200107 August 7, 1975, ......do.............. Do.
County. Emerg; September
1, 1990, Reg;
May 3, 2011,
Susp.
Missouri:
Blackwater, City of, Cooper 290109 March 22, 1976, ......do.............. Do.
County. Emerg; December
7, 1984, Reg;
May 3, 2011,
Susp.
Boonville, City of, Cooper 290110 October 9, 1974, ......do.............. Do.
County. Emerg; October
16, 1984, Reg;
May 3, 2011,
Susp.
Cooper County, 290794 April 26, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1989, Reg;
May 3, 2011,
Susp.
Pilot Grove, City of, 290678 N/A, Emerg; ......do.............. Do.
Cooper County. November 24,
2008, Reg; May
3, 2011, Susp.
Nebraska:
Cozad, City of, Dawson 310059 March 7, 1975, ......do.............. Do.
County. Emerg; June 30,
1976, Reg; May
3, 2011, Susp.
Dawson County, 310058 March 8, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; July 1,
1988, Reg; May
3, 2011, Susp.
Lexington, City of, Dawson 310063 March 23, 1977, ......do.............. Do.
County. Emerg; May 15,
1984, Reg; May
3, 2011, Susp.
Overton, Village of, Dawson 310064 July 1, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
May 3, 2011,
Susp.
Sumner, Village of, Dawson 310065 June 27, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
May 3, 2011,
Susp.
Region VIII
North Dakota:
Cavalier, Township of, 380274 July 20, 1981, ......do.............. Do.
Pembina County. Emerg; July 20,
1981, Reg; May
3, 2011, Susp.
Crystal, City of, Pembina 380082 July 15, 1975, ......do.............. Do.
County. Emerg; January
16, 1981, Reg;
May 3, 2011,
Susp.
Drayton, City of, Pembina 380150 April 23, 1974, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; May
3, 2011, Susp.
Drayton, Township of, 380276 October 6, 1982, ......do.............. Do.
Pembina County. Emerg; May 1,
1986, Reg; May
3, 2011, Susp.
Hamilton, City of, Pembina 380084 January 21, 1976, ......do.............. Do.
County. Emerg; February
17, 1988, Reg;
May 3, 2011,
Susp.
Neche, City of, Pembina 380085 October 18, 1974, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; May
3, 2011, Susp.
Pembina County, 380079 May 1, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
19, 1987, Reg;
May 3, 2011,
Susp.
Walhalla, City of, Pembina 380254 May 3, 1976, ......do.............. Do.
County. Emerg; April 15,
1980, Reg; May
3, 2011, Susp.
[[Page 23502]]
Region X
Oregon:
Ashland, City of, Jackson 410090 August 9, 1974, ......do.............. Do.
County. Emerg; June 1,
1981, Reg; May
3, 2011, Susp.
Central Point, City of, 410092 September 18, ......do.............. Do.
Jackson County. 1974, Emerg;
September 30,
1980, Reg; May
3, 2011, Susp.
Eagle Point, City of, 410093 June 5, 1974, ......do.............. Do.
Jackson County. Emerg; September
30, 1980, Reg;
May 3, 2011,
Susp.
Gold Hill, City of, Jackson 410094 August 5, 1974, ......do.............. Do.
County. Emerg; September
17, 1980, Reg;
May 3, 2011,
Susp.
Jackson County, 415589 December 31, ......do.............. Do.
Unincorporated Areas. 1970, Emerg;
April 1, 1982,
Reg; May 3,
2011, Susp.
Jacksonville, City of, 410095 April 4, 1975, ......do.............. Do.
Jackson County. Emerg; December
4, 1979, Reg;
May 3, 2011,
Susp.
Medford, City of, Jackson 410096 June 7, 1974, ......do.............. Do.
County. Emerg; April 15,
1981, Reg; May
3, 2011, Susp.
Phoenix, City of, Jackson 410097 June 11, 1975, ......do.............. Do.
County. Emerg; May 3,
1982, Reg; May
3, 2011, Susp.
Rogue River, City of, 410098 May 17, 1974, ......do.............. Do.
Jackson County. Emerg; January
2, 1981, Reg;
May 3, 2011,
Susp.
Shady Cove, City of, 410099 August 23, 1974, ......do.............. Do.
Jackson County. Emerg; September
30, 1980, Reg;
May 3, 2011,
Susp.
Talent, City of, Jackson 410100 April 7, 1975, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
May 3, 2011,
Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp. --Suspension.
Dated: April 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and
Mitigation Administrator, Mitigation.
[FR Doc. 2011-10174 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-12-P