[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9666-9668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3864]
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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-8169]
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
[[Page 9667]]
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/ Date certain Federal
State and location Community cancellation of sale Current effective map assistance no longer
No. of flood insurance in date available in SFHAs
community
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Region III
Maryland:
Crisfield, City 240062 April 28, 1975, March 3, 2011............ March 3, 2011.
of, Somerset Emerg; June 15,
County. 1981, Reg; March 3,
2011, Susp.
Princess Anne, 240063 January 28, 1974, ......do................. Do.
Town of, Emerg; April 20,
Somerset County. 1979, Reg; March 3,
2011, Susp.
Somerset County, 240061 May 8, 1975, Emerg; ......do................. Do.
Unincorporated June 15, 1981, Reg;
Areas. March 3, 2011, Susp.
Region IV
South Carolina:
Abbeville, City 450001 October 9, 1975, ......do................. Do.
of, Abbeville Emerg; June 4, 1980,
County. Reg; March 3, 2011,
Susp.
Edgefield, Town 450074 August 14, 1995, ......do................. Do.
of, Edgefield Emerg; February 1,
County. 2002, Reg; March 3,
2011, Susp.
Edgefield County, 450229 July 12, 1991, Emerg; ......do................. Do.
Unincorporated April 1, 1993, Reg;
Areas. March 3, 2011, Susp.
Johnston, Town 450266 February 4, 2002, ......do................. Do.
of, Edgefield Emerg; March 3,
County. 2011, Reg; March 3,
2011, Susp.
Region V
Illinois:
Freeport, City 170640 January 28, 1973, ......do................. Do.
of, Stephenson Emerg; May 16, 1977,
County. Reg; March 3, 2011,
Susp.
Orangeville, 170641 October 25, 1996, ......do................. Do.
Village of, Emerg; March 3,
Stephenson 2011, Reg; March 3,
County. 2011, Susp.
[[Page 9668]]
Winslow, Village 170644 June 30, 1975, Emerg; ......do................. Do.
of, Stephenson November 17, 1982,
County. Reg; March 3, 2011,
Susp.
Ohio:
Highland, Village 390268 October 20, 1975, ......do................. Do.
of, Highland Emerg; September 29,
County. 1978, Reg; March 3,
2011, Susp.
Hillsboro, City 390269 July 9, 1975, Emerg; ......do................. Do.
of, Highland September 4, 1986,
County. Reg; March 3, 2011,
Susp.
Leesburg, Village 390270 December 6, 1993, ......do................. Do.
of, Highland Emerg; March 3,
County. 2011, Reg; March 3,
2011, Susp.
Lynchburg, 390271 April 9, 1976, Emerg; ......do................. Do.
Village of, September 6, 1989,
Highland County. Reg; March 3, 2011,
Susp.
Region VI
Arkansas:
Donaldson, City 050596 December 11, 1990, ......do................. Do.
of, Hot Spring Emerg; November 1,
County. 1992, Reg; March 3,
2011, Susp.
Hot Spring 050437 June 6, 1990, Emerg; ......do................. Do.
County, November 1, 1992,
Unincorporated Reg; March 3, 2011,
Areas. Susp.
Malvern, City of, 050088 May 1, 1974, Emerg; ......do................. Do.
Hot Spring March 2, 1983, Reg;
County. March 3, 2011, Susp.
Louisiana:
Anacoco, Village 220046 N/A, Emerg; September ......do................. Do.
of, Vernon 2, 2009, Reg; March
Parish. 3, 2011, Susp.
Hornbeck, Village 220332 May 8, 2001, Emerg; ......do................. Do.
of, Vernon June 1, 2005, Reg;
Parish. March 3, 2011, Susp.
Leesville, City 220229 October 17, 1974, ......do................. Do.
of, Vernon Emerg; January 17,
Parish. 1986, Reg; March 3,
2011, Susp.
New Llano, 220340 May 12, 1983, Emerg; ......do................. Do.
Village of, July 18, 1985, Reg;
Vernon Parish. March 3, 2011, Susp.
Rosepine, Village 220346 March 5, 1976, Emerg; ......do................. Do.
of, Vernon October 19, 1982,
Parish. Reg; March 3, 2011,
Susp.
Vernon Parish, 220228 July 20, 1984, Emerg; ......do................. Do.
Unincorporated March 1, 1987, Reg;
Areas. March 3, 2011, Susp.
Texas:
Kerr County, 480419 January 21, 1975, ......do................. Do.
Unincorporated Emerg; May 1, 1979,
Areas. Reg; March 3, 2011,
Susp.
Kerrville, City 480420 February 5, 1975, ......do................. Do.
of, Kerr County. Emerg; September 29,
1978, Reg; March 3,
2011, Susp.
Region VII
Missouri:
California, City 290238 December 16, 1975, ......do................. Do.
of, Moniteau Emerg; August 24,
County. 1984, Reg; March 3,
2011, Susp.
Lupus, City of, 290239 March 13, 1985, ......do................. Do.
Moniteau County. Emerg; January 3,
1986, Reg; March 3,
2011, Susp.
Nebraska:
Scribner, City 310071 May 30, 1975, Emerg; ......do................. Do.
of, Dodge November 1, 1979,
County. Reg; March 3, 2011,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: February 11, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-3864 Filed 2-18-11; 8:45 am]
BILLING CODE 9110-12-P