[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Rules and Regulations]
[Pages 5081-5083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1930]
[[Page 5081]]
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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-8165]
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.
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:
[[Page 5082]]
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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
Virginia: Petersburg, City of, 510112 November 7, 1973, Feb. 4, 2011.......... Feb. 4, 2011.
Independent City. Emerg; March 16,
1981, Reg;
February 4,
2011, Susp.
Region V
Illinois:
Banner, Village of, Fulton 170743 December 30, ......do*............. Do.
County. 1975, Emerg;
July 2, 1981,
Reg; February 4,
2011, Susp.
Fulton County, 170241 November 13, ......do*............. Do.
Unincorporated Areas. 1979, Emerg;
January 17,
1986, Reg;
February 4,
2011, Susp.
Lewistown, City of, Fulton 170782 July 28, 1975, ......do*............. Do.
County. Emerg; October
5, 1984, Reg;
February 4,
2011, Susp.
Liverpool, Village of, 170762 December 10, ......do*............. Do.
Fulton County. 1974, Emerg;
June 15, 1981,
Reg; February 4,
2011, Susp.
Mark, Village of, Putnam 170572 April 23, 1976, ......do*............. Do.
County. Emerg; January
3, 1985, Reg;
February 4,
2011, Susp.
Putnam County, 170993 June 5, 1981, ......do*............. Do.
Unincorporated Areas. Emerg; November
15, 1984, Reg;
February 4,
2011, Susp.
Standard, Village of, 171012 January 16, 1984, ......do*............. Do.
Putnam County. Emerg; March 1,
1987, Reg;
February 4,
2011, Susp.
Minnesota: Bertha, City of, 270474 April 7, 1975, ......do*............. Do.
Todd County Emerg; July 17,
1986, Reg;
February 4,
2011, Susp.
Browerville, City of, Todd 270475 April 16, 1974, ......do*............. Do.
County. Emerg; September
30, 1988, Reg;
February 4,
2011, Susp.
Clarissa, City of, Todd 270476 April 30, 1974, ......do*............. Do.
County. Emerg; June 3,
1986, Reg;
February 4,
2011, Susp.
Eagle Bend, City of, Todd 270477 July 2, 1974, ......do*............. Do.
County. Emerg; June 3,
1986, Reg;
February 4,
2011, Susp.
Hewitt, City of, Todd 270478 September 16, ......do*............. Do.
County. 1975, Emerg;
June 8, 1984,
Reg; February 4,
2011, Susp.
Long Prairie, City of, Todd 270479 April 16, 1974, ......do*............. Do.
County. Emerg; July 16,
1980, Reg;
February 4,
2011, Susp.
Todd County, Unincorporated 270551 February 1, 1974, ......do*............. Do.
Areas. Emerg; September
1, 1988, Reg;
February 4,
2011, Susp.
Region VI
Arkansas:
Harrisburg, City of, 050173 February 27, ......do*............. Do.
Poinsett County. 1975, Emerg;
November 1,
1985, Reg;
February 4,
2011, Susp.
Lepanto, City of, Poinsett 050174 July 17, 1974, ......do*............. Do.
County. Emerg; July 4,
1988, Reg;
February 4,
2011, Susp.
Marked Tree, City of, 050175 May 21, 1975, ......do*............. Do.
Poinsett County. Emerg; July 16,
1980, Reg;
February 4,
2011, Susp.
Poinsett County, 050172 May 6, 1983, ......do*............. Do.
Unincorporated Areas. Emerg; August
19, 1987, Reg;
February 4,
2011, Susp.
Trumann, City of, Poinsett 050176 September 5, ......do*............. Do.
County. 1974, Emerg;
April 15, 1979,
Reg; February 4,
2011, Susp.
Tyronza, City of, Poinsett 050371 May 12, 1975, ......do*............. Do.
County. Emerg; September
28, 1982, Reg;
February 4,
2011, Susp.
Waldenburg, Town of, 050497 June 16, 2010, ......do*............. Do.
Poinsett County. Emerg; February
4, 2011, Reg;
February 4,
2011, Susp.
Weiner, City of, Poinsett 050373 October 31, 1975, ......do*............. Do.
County. Emerg; September
28, 1982, Reg;
February 4,
2011, Susp.
Oklahoma:
Boynton, Town of, Muskogee 400120 June 24, 1976, ......do*............. Do.
County. Emerg; September
28, 1979, Reg;
February 4,
2011, Susp.
Braggs, Town of, Muskogee 400121 October 30, 1975, ......do*............. Do.
County. Emerg; May 25,
1978, Reg;
February 4,
2011, Susp.
Fort Gibson, Town of, 400123 July 8, 1977, ......do*............. Do.
Cherokee and Muskogee Emerg; July 16,
Counties. 1980, Reg;
February 4,
2011, Susp.
Haskell, Town of, Muskogee 400124 August 7, 1975, ......do*............. Do.
County. Emerg; December
4, 1979, Reg;
February 4,
2011, Susp.
Muskogee, City of, Muskogee 400125 April 22, 1975, ......do*............. Do.
County. Emerg; July 2,
1980, Reg;
February 4,
2011, Susp.
Muskogee County, 400491 September 27, ......do*............. Do.
Unincorporated Areas. 1985, Emerg;
March 4, 1991,
Reg; February 4,
2011, Susp.
Oktaha, Town of, Muskogee 400126 October 14, 1975, ......do*............. Do.
County. Emerg; May 25,
1978, Reg;
February 4,
2011, Susp.
Porum, Town of, Muskogee 400127 May 21, 1976, ......do*............. Do.
County. Emerg; April 15,
1980, Reg;
February 4,
2011, Susp.
[[Page 5083]]
Taft, Town of, Muskogee 400128 June 26, 1976, ......do*............. Do.
County. Emerg; August
25, 1987, Reg;
February 4,
2011, Susp.
Wainwright, Town of, 400129 March 9, 1976, ......do*............. Do.
Muskogee County. Emerg; August 8,
1978, Reg;
February 4,
2011, Susp.
Warner, Town of, Muskogee 400130 December 29, ......do*............. Do.
County. 1976, Emerg; May
25, 1978, Reg;
February 4,
2011, Susp.
Webbers Falls, Town of, 400131 November 28, ......do*............. Do.
Muskogee County. 1975, Emerg; May
1, 1980, Reg;
February 4,
2011, Susp.
Texas:
Bandera County, 480020 January 21, 1974, ......do*............. Do.
Unincorporated Areas. Emerg; November
1, 1978, Reg;
February 4,
2011, Susp.
Benavides, City of, Duval 480792 July 24, 1975, ......do*............. Do.
County. Emerg; March 4,
1986, Reg;
February 4,
2011, Susp.
Colorado County, WCID 481489 October 28, 1977, ......do*............. Do.
Number 2. Emerg; June 1,
1988, Reg;
February 4,
2011, Susp.
Colorado County, 480144 February 29, ......do*............. Do.
Unincorporated Areas. 1980, Emerg;
September 19,
1990, Reg;
February 4,
2011, Susp.
Columbus, City of, Colorado 480145 February 19, ......do*............. Do.
County. 1975, Emerg;
June 19, 1985,
Reg; February 4,
2011, Susp.
Duval County, 480202 July 24, 1975, ......do*............. Do.
Unincorporated Areas. Emerg; May 1,
1987, Reg;
February 4,
2011, Susp.
Eagle Lake, City of, 480146 July 30, 1975, ......do*............. Do.
Colorado County. Emerg; April 1,
1987, Reg;
February 4,
2011, Susp.
Lamesa, City of, Dawson 480191 February 25, ......do*............. Do.
County. 1972, Emerg;
April 30, 1976,
Reg; February 4,
2011, Susp.
San Diego, City of, Duval 481199 December 26, ......do*............. Do.
and Jim Wells Counties. 1975, Emerg;
March 1, 1987,
Reg; February 4,
2011, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 19, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-1930 Filed 1-27-11; 8:45 am]
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