[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5284-5289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1977]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8167]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
[[Page 5285]]
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]
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:
Bloomingburg, Village of, 361473 November 28, 1975, Feb. 18, 2011......... Feb. 18, 2011.
Sullivan County. Emerg; April 17,
1985, Reg;
February 18,
2011, Susp.
[[Page 5286]]
Fallsburg, Town of, 360819 October 29, 1974, ......do*............. Do.
Sullivan County. Emerg; March 9,
1984, Reg;
February 18,
2011, Susp.
Fremont, Town of, Sullivan 360821 April 11, 1975, ......do.............. Do.
County. Emerg; May 25,
1984, Reg;
February 18,
2011, Susp.
Highland, Town of, 360822 August 30, 1974, ......do.............. Do.
Sullivan County. Emerg; March 23,
1984, Reg;
February 18,
2011, Susp.
Jeffersonville, Village 361474 June 19, 1975, ......do.............. Do.
of, Sullivan County. Emerg; March 23,
1984, Reg;
February 18,
2011, Susp.
Lumberland, Town of, 360825 April 21, 1975, ......do.............. Do.
Sullivan County. Emerg; February
27, 1984, Reg;
February 18,
2011, Susp.
Mamakating, Town of, 360826 October 6, 1976, ......do.............. Do.
Sullivan County. Emerg; September
24, 1984, Reg;
February 18,
2011, Susp.
Monticello, Village of, 361613 May 10, 1984, ......do.............. Do.
Sullivan County. Emerg; May 10,
1984, Reg;
February 18,
2011, Susp.
Neversink, Town of, 360828 July 7, 1975, ......do.............. Do.
Sullivan County. Emerg; May 25,
1984, Reg;
February 18,
2011, Susp.
Tusten, Town of, Sullivan 360831 May 13, 1975, ......do.............. Do.
County. Emerg; August 27,
1982, Reg;
February 18,
2011, Susp.
Wurtsboro, Village of, 361476 December 23, 1975, ......do.............. Do.
Sullivan County. Emerg; May 25,
1984, Reg;
February 18,
2011, Susp.
Region III
Pennsylvania:
Ayr, Township of, Fulton 422428 March 9, 1977, ......do.............. Do.
County. Emerg; July 2,
1982, Reg;
February 18,
2011, Susp.
Belfast, Township of, 421659 November 15, 1984, ......do.............. Do.
Fulton County. Emerg; August 5,
1985, Reg;
February 18,
2011, Susp.
Bethel, Township of, 422429 June 11, 1976, ......do.............. Do.
Fulton County. Emerg; June 11,
1982, Reg;
February 18,
2011, Susp.
Brush Creek, Township of, 421660 July 11, 1984, ......do.............. Do.
Fulton County. Emerg; October
15, 1985, Reg;
February 18,
2011, Susp.
Dublin, Township of, 421661 August 5, 1975, ......do.............. Do.
Fulton County. Emerg; September
1, 1986, Reg;
February 18,
2011, Susp.
Licking Creek, City of, 421662 February 3, 1977, ......do.............. Do.
Fulton County. Emerg; May 1,
1986, Reg;
February 18,
2011, Susp.
McConnellsburgh, Borough 422701 April 7, 1995, ......do.............. Do.
of, Fulton County. Emerg; February
9, 2001, Reg;
February 18,
2011, Susp.
Taylor, Township of, 421663 October 14, 1975, ......do.............. Do.
Fulton County. Emerg; September
1, 1986, Reg;
February 18,
2011, Susp.
Thompson, Township of, 421664 December 23, 1977, ......do.............. Do.
Fulton County. Emerg; June 1,
1986, Reg;
February 18,
2011, Susp.
Todd, Township of, Fulton 421665 December 11, 1975, ......do.............. Do.
County. Emerg; September
1, 1986, Reg;
February 18,
2011, Susp.
Union, Township of, Fulton 422430 December 19, 1977, ......do.............. Do.
County. Emerg; February
25, 1983, Reg;
February 18,
2011, Susp.
Wells, Township of, Fulton 421666 December 4, 1975, ......do.............. Do.
County. Emerg; May 1,
1986, Reg;
February 18,
2011, Susp.
Virginia:
Appalachia, Town of, Wise 510319 March 27, 1975, ......do.............. Do.
County. Emerg; September
17, 1980, Reg;
February 18,
2011, Susp.
Big Stone Gap, Town of, 515521 June 19, 1970, ......do.............. Do.
Wise County. Emerg; December
11, 1970, Reg;
February 18,
2011, Susp.
Bluefield, Town of, 510161 July 30, 1973, ......do.............. Do.
Tazewell County. Emerg; July 17,
1978, Reg;
February 18,
2011, Susp.
Cedar Bluff, Town of, 510162 November 29, 1974, ......do.............. Do.
Tazewell County. Emerg; April 4,
1983, Reg;
February 18,
2011, Susp.
Coeburn, Town of, Wise 510176 March 6, 1975, ......do.............. Do.
County. Emerg; July 2,
1980, Reg;
February 18,
2011, Susp.
Jonesville, Town of, Lee 510086 July 2, 1975, ......do.............. Do.
County. Emerg; October
30, 1981, Reg;
February 18,
2011, Susp.
Lee County, Unincorporated 510085 January 23, 1975, ......do.............. Do.
Areas. Emerg; March 4,
1987, Reg;
February 18,
2011, Susp.
Norton, City of, 510108 March 17, 1972, ......do.............. Do.
Independent City. Emerg; February
16, 1977, Reg;
February 18,
2011, Susp.
Pennington Gap, Town of, 510087 June 17, 1975, ......do.............. Do.
Lee County. Emerg; September
4, 1986, Reg;
February 18,
2011, Susp.
Pocahontas, Town of, 510337 September 14, ......do.............. Do.
Tazewell County. 1983, Emerg;
September 14,
1983, Reg;
February 18,
2011, Susp.
Pound, Town of, Wise 510177 January 24, 1975, ......do.............. Do.
County. Emerg; March 2,
1981, Reg;
February 18,
2011, Susp.
[[Page 5287]]
Richlands, Town of, 510163 December 5, 1974, ......do.............. Do.
Tazewell County. Emerg; April 4,
1983, Reg;
February 18,
2011, Susp.
St. Charles, Town of, Lee 510088 April 21, 1975, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
February 18,
2011, Susp.
St. Paul, Town of, Russell 515530 June 19, 1970, ......do.............. Do.
and Wise Counties. Emerg; December
4, 1970, Reg;
February 18,
2011, Susp.
Tazewell, Town of, 510164 October 9, 1974, ......do.............. Do.
Tazewell County. Emerg; August 15,
1983, Reg;
February 18,
2011, Susp.
Tazewell County, 510160 May 13, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1983, Reg;
February 18,
2011, Susp.
Wise, Town of, Wise County 510179 March 3, 1975, ......do.............. Do.
Emerg; April 15,
1981, Reg;
February 18,
2011, Susp.
Wise County, 510174 October 30, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; August 17,
1981, Reg;
February 18,
2011, Susp.
Region IV
Alabama:
Chambers County, 010026 July 29, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; July 4,
1988, Reg;
February 18,
2011, Susp.
Lafayette, City of, 010028 September 30, ......do.............. Do.
Chambers County. 1975, Emerg;
September 18,
1985, Reg;
February 18,
2011, Susp.
Lanett, City of, Chambers 010029 May 13, 1975, ......do.............. Do.
County. Emerg; July 4,
1988, Reg;
February 18,
2011, Susp.
Valley, City of, Chambers 010424 September 15, ......do.............. Do.
County. 1998, Emerg;
February 18,
2011, Reg;
February 18,
2011, Susp.
Mississippi:
Columbus, City of, Lowndes 280108 March 3, 1972, ......do.............. Do.
County. Emerg; July 13,
1976, Reg;
February 18,
2011, Susp.
Lowndes County, 280193 January 14, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
15, 1979, Reg;
February 18,
2011, Susp.
Region V
Illinois:
Albany, Village of, 170688 April 1, 1974, ......do.............. Do.
Whiteside County. Emerg; June 15,
1981, Reg;
February 18,
2011, Susp.
Belvidere, City of, Boone 170008 June 26, 1974, ......do.............. Do.
County. Emerg; January 6,
1982, Reg;
February 18,
2011, Susp.
Boone County, 170807 May 1, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
17, 1982, Reg;
February 18,
2011, Susp.
Cherry Valley, Village of, 170721 February 18, 1975, ......do.............. Do.
Boone and Winnebago Emerg; March 16,
Counties. 1981, Reg;
February 18,
2011, Susp.
Elkhart, Village of, Logan 171010 February 12, 1982, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
February 18,
2011, Susp.
Erie, Village of, 170689 February 11, 1974, ......do.............. Do.
Whiteside County. Emerg; February
15, 1985, Reg;
February 18,
2011, Susp.
Fulton, City of, Whiteside 170690 July 2, 1975, ......do.............. Do.
County. Emerg; May 17,
1982, Reg;
February 18,
2011, Susp.
Lincoln, City of, Logan 170428 June 16, 1975, ......do.............. Do.
County. Emerg; October
16, 1979, Reg;
February 18,
2011, Susp.
Loves Park, City of, Boone 170722 February 23, 1973, ......do.............. Do.
and Winnebago Counties. Emerg; October
17, 1978, Reg;
February 18,
2011, Susp.
Lyndon, Village of, 170917 March 15, 1979, ......do.............. Do.
Whiteside County. Emerg; March 1,
1984, Reg;
February 18,
2011, Susp.
Morrison, City of, 170691 June 10, 1975, ......do.............. Do.
Whiteside County. Emerg; September
30, 1988, Reg;
February 18,
2011, Susp.
Prophetstown, City of, 170692 April 8, 1974, ......do.............. Do.
Whiteside County. Emerg; August 1,
1986, Reg;
February 18,
2011, Susp.
Rock Falls, City of, 170694 May 1, 1974, ......do.............. Do.
Whiteside County. Emerg; September
1, 1986, Reg;
February 18,
2011, Susp.
Sterling, City of, 170693 April 2, 1975, ......do.............. Do.
Whiteside County. Emerg; October 5,
1984, Reg;
February 18,
2011, Susp.
Whiteside County, 170687 March 16, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; February
19, 1986, Reg;
February 18,
2011, Susp.
Indiana:
Seelyville, Town of, Vigo 180310 November 24, 1975, ......do.............. Do.
County. Emerg; May 25,
1978, Reg;
February 18,
2011, Susp.
Terre Haute, City of, Vigo 180264 January 23, 1974, ......do.............. Do.
County. Emerg; December
1, 1981, Reg;
February 18,
2011, Susp.
Vigo County, 180263 June 28, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
2, 1983, Reg;
February 18,
2011, Susp.
[[Page 5288]]
Region VI
Louisiana:
Calcasieu Parish, 220037 December 31, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1978, Reg;
February 18,
2011, Susp.
De Quincy, City of, 220038 August 29, 1973, ......do.............. Do.
Calcasieu Parish. Emerg; April 2,
1979, Reg;
February 18,
2011, Susp.
Vinton, Town of, Calcasieu 220042 February 6, 1975, ......do.............. Do.
Parish. Emerg; July 16,
1981, Reg;
February 18,
2011, Susp.
Texas:
Bailey, City of, Fannin 480808 November 29, 1991, ......do.............. Do.
County. Emerg; July 1,
1992, Reg;
February 18,
2011, Susp.
Bonham, City of, Fannin 480222 January 3, 1975, ......do.............. Do.
County. Emerg; May 5,
1981, Reg;
February 18,
2011, Susp.
Fannin County, 480807 September 9, 2004, ......do.............. Do.
Unincorporated Areas. Emerg; January 4,
2005, Reg;
February 18,
2011, Susp.
Hale County, 481223 July 26, 1985, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1988, Reg;
February 18,
2011, Susp.
Leonard, City of, Fannin 480812 August 15, 2005, ......do.............. Do.
County. Emerg; February
11, 2009, Reg;
February 18,
2011, Susp.
Plainview, City of, Hale 480275 September 7, 1973, ......do.............. Do.
County. Emerg; March 16,
1989, Reg;
February 18,
2011, Susp.
Whitewright, Town of, 480839 December 18, 1981, ......do.............. Do.
Fannin and Grayson Emerg; June 19,
Counties. 1985, Reg;
February 18,
2011, Susp.
Windom, Town of, Fannin 481165 January 27, 2010, ......do.............. Do.
County. Emerg; February
18, 2011, Reg;
February 18,
2011, Susp.
Region VII
Iowa:
Bettendorf, City of, Scott 190240 February 4, 1972, ......do.............. Do.
County. Emerg; June 1,
1978, Reg;
February 18,
2011, Susp.
Buffalo, City of, Scott 190241 September 26, ......do.............. Do.
County. 1974, Emerg;
September 17,
1980, Reg;
February 18,
2011, Susp.
Davenport, City of, Scott 190242 July 25, 1973, ......do.............. Do.
County. Emerg; March 1,
1978, Reg;
February 18,
2011, Susp.
Donahue, City of, Scott 190505 February 10, 1988, ......do.............. Do.
County. Emerg; May 1,
1990, Reg;
February 18,
2011, Susp.
Panorama Park, City of, 190506 N/A, Emerg; ......do.............. Do.
Scott County. December 17,
1990, Reg;
February 18,
2011, Susp.
Riverdale, City of, Scott 190245 July 7, 1975, ......do.............. Do.
County. Emerg; January 5,
1978, Reg;
February 18,
2011, Susp.
Scott County, 190239 December 30, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1977, Reg;
February 18,
2011, Susp.
Walcott, City of, 190675 July 29, 1998, ......do.............. Do.
Muscatine and Scott Emerg; November
Counties. 7, 2001, Reg;
February 18,
2011, Susp.
Nebraska:
Bennet, Village of, 310251 August 3, 1976, ......do.............. Do.
Lancaster County. Emerg; March 2,
1981, Reg;
February 18,
2011, Susp.
Denton, Village of, 310498 July 9, 1998, ......do.............. Do.
Lancaster County. Emerg; September
21, 2001, Reg;
February 18,
2011, Susp.
Firth, Village of, 310135 July 22, 1975, ......do.............. Do.
Lancaster County. Emerg; April 15,
1981, Reg;
February 18,
2011, Susp.
Hickman, City of, 310136 May 27, 1975, ......do.............. Do.
Lancaster County. Emerg; February
3, 1982, Reg;
February 18,
2011, Susp.
Lancaster County, 310134 February 16, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; February
3, 1982, Reg;
February 18,
2011, Susp.
Lincoln, City of, 315273 April 17, 1970, ......do.............. Do.
Lancaster County. Emerg; April 23,
1971, Reg;
February 18,
2011, Susp.
Malcolm, Village of, 310500 N/A, Emerg; March ......do.............. Do.
Lancaster County. 30, 2009, Reg;
February 18,
2011, Susp.
Raymond, Village of, 310138 April 18, 1985, ......do.............. Do.
Lancaster County. Emerg; April 18,
1985, Reg;
February 18,
2011, Susp.
Sprague, Village of, 310495 October 18, 1996, ......do.............. Do.
Lancaster County. Emerg; September
21, 2001, Reg;
February 18,
2011, Susp.
Talmage, Village of, Otoe 310167 December 23, 1974, ......do.............. Do.
County. Emerg; June 1,
1982, Reg;
February 18,
2011, Susp.
Waverly, City of, 310140 June 13, 1975, ......do.............. Do.
Lancaster County. Emerg; April 15,
1982, Reg;
February 18,
2011, Susp.
[[Page 5289]]
Region IX
California: Wheatland, City 060460 February 10, 1976, ......do.............. Do.
of, Yuba County. Emerg; September
29, 1986, Reg;
February 18,
2011, Susp.
----------------------------------------------------------------------------------------------------------------
......do* = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 21, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation
[FR Doc. 2011-1977 Filed 1-28-11; 8:45 am]
BILLING CODE 9110-12-P