[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)] [Rules and Regulations] [Pages 12596-12600] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-5132] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8171] 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 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 [[Page 12597]] 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 Date certain authorization/ Current Federal State and location Community cancellation of sale of effective map assistance no No. flood insurance in date longer available community in SFHAs ---------------------------------------------------------------------------------------------------------------- Region III Pennsylvania: Allegheny, Township of, 420869 July 27, 1973, Emerg; March 17, 2011 March 17, 2011. Westmoreland County. September 29, 1978, Reg; March 17, 2011, Susp. Arnold, City of, Westmoreland 420870 May 31, 1974, Emerg; *-do- -do.- County. September 30, 1980, Reg; March 17, 2011, Susp. Arona, Borough of, Westmoreland 420871 April 9, 1976, Emerg; -do- -do.- County. December 1, 1986, Reg; March 17, 2011, Susp. Avonmore, Borough of, 420872 July 29, 1975, Emerg; -do- -do.- Westmoreland County. January 20, 1982, Reg; March 17, 2011, Susp. Bell, Township of, Westmoreland 422185 May 28, 1982, Emerg; -do- -do.- County. January 1, 1987, Reg; March 17, 2011, Susp. Bolivar, Borough of, Westmoreland 420873 August 13, 1976, Emerg; -do- -do.- County. August 10, 1979, Reg; March 17, 2011, Susp. Cook, Township of, Westmoreland 422186 May 28, 1982, Emerg; -do- -do.- County. April 17, 1985, Reg; March 17, 2011, Susp. Delmont, Borough of, Westmoreland 422177 February 17, 1976, -do- -do.- County. Emerg; September 29, 1978, Reg; March 17, 2011, Susp. Derry, Borough of, Westmoreland 420874 May 14, 1974, Emerg; -do- -do.- County. June 1, 1978, Reg; March 17, 2011, Susp. Derry, Township of, Westmoreland 421205 May 14, 1974, Emerg; -do- -do.- County. June 1, 1978, Reg; March 17, 2011, Susp. Donegal, Township of, 422187 January 2, 1981, Emerg; -do- -do.- Westmoreland County. October 16, 1990, Reg; March 17, 2011, Susp. East Huntingdon, Township of, 422188 March 3, 1977, Emerg; -do- -do.- Westmoreland County. August 2, 1990, Reg; March 17, 2011, Susp. East Vandergrift, Borough of, 420875 September 10, 1975, -do- -do.- Westmoreland County. Emerg; May 29, 1979, Reg; March 17, 2011, Susp. Export, Borough of, Westmoreland 420876 April 17, 1975, Emerg; -do- -do.- County. December 15, 1981, Reg; March 17, 2011, Susp. Fairfield, Township of, 422189 July 5, 1984, Emerg; -do- -do.- Westmoreland County. April 17, 1985, Reg; March 17, 2011, Susp. Greensburg, City of, Westmoreland 420877 May 24, 1973, Emerg; -do- -do.- County. October 17, 1978, Reg; March 17, 2011, Susp. Hempfield, Township of, 420878 April 16, 1973, Emerg; -do- -do.- Westmoreland County. September 29, 1978, Reg; March 17, 2011, Susp. Hunker, Borough of, Westmoreland 420880 November 14, 1975, -do- -do.- County. Emerg; November 19, 1986, Reg; March 17, 2011, Susp. Hyde Park, Borough of, 422179 December 4, 1975, -do- -do.- Westmoreland County. Emerg; June 1, 1986, Reg; March 17, 2011, Susp. Irwin, Borough of, Westmoreland 420881 June 18, 1974, Emerg; -do- -do.- County. February 4, 1981, Reg; March 17, 2011, Susp. Jeannette, City of, Westmoreland 420882 October 1, 1971, Emerg; -do- -do.- County. April 17, 1978, Reg; March 17, 2011, Susp. Latrobe, Borough of, Westmoreland 420883 December 10, 1974, -do- -do.- County. Emerg; January 16, 1980, Reg; March 17, 2011, Susp. Ligonier, Borough of, 422180 April 30, 1975, Emerg; -do- -do.- Westmoreland County. October 15, 1980, Reg; March 17, 2011, Susp. Ligonier, Township of, 420884 September 6, 1974, -do- -do.- Westmoreland County. Emerg; September 1, 1978, Reg; March 17, 2011, Susp. Lower Burrell, City of, 420885 September 9, 1974, -do- -do.- Westmoreland County. Emerg; February 17, 1982, Reg; March 17, 2011, Susp. Loyalhanna, Township of, 422190 December 2, 1975, -do- -do.- Westmoreland County. Emerg; January 20, 1982, Reg; March 17, 2011, Susp. Manor, Borough of, Westmoreland 420886 August 29, 1973, Emerg; -do- -do.- County. September 1, 1977, Reg; March 17, 2011, Susp. Monessen, City of, Westmoreland 420887 December 5, 1974, -do- -do.- County. Emerg; July 16, 1981, Reg; March 17, 2011, Susp. Mount Pleasant, Borough of, 422181 July 7, 1975, Emerg; -do- -do.- Westmoreland County. February 1, 1987, Reg; March 17, 2011, Susp. Mount Pleasant, Township of, 420888 September 26, 1973, -do- -do.- Westmoreland County. Emerg; July 18, 1977, Reg; March 17, 2011, Susp. [[Page 12598]] Murrysville, City of, 421207 May 23, 1974, Emerg; -do- -do.- Westmoreland County. February 17, 1982, Reg; March 17, 2011, Susp. New Florence, Borough of, 420890 February 25, 1977, -do- -do.- Westmoreland County. Emerg; June 3, 1988, Reg; March 17, 2011, Susp. New Kensington, City of, 420891 June 14, 1973, Emerg; -do- -do.- Westmoreland County. September 29, 1978, Reg; March 17, 2011, Susp. New Stanton, Borough of, 420892 September 30, 1975, -do- -do.- Westmoreland County. Emerg; December 15, 1981, Reg; March 17, 2011, Susp. North Belle Vernon, Borough of, 422182 March 7, 1978, Emerg; -do- -do.- Westmoreland County. September 30, 1980, Reg; March 17, 2011, Susp. North Huntingdon, Township of, 420893 February 9, 1973, -do- -do.- Westmoreland County. Emerg; September 29, 1978, Reg; March 17, 2011, Susp. North Irwin, Borough of, 422641 February 9, 1976, -do- -do.- Westmoreland County. Emerg; November 17, 1978, Reg; March 17, 2011, Susp. Penn, Borough of, Westmoreland 420895 March 19, 1975, Emerg; -do- -do.- County. February 4, 1981, Reg; March 17, 2011, Susp. Penn, Township of, Westmoreland 422183 February 7, 1975, -do- -do.- County. Emerg; October 15, 1981, Reg; March 17, 2011, Susp. Rostraver, Township of, 422184 August 26, 1974, Emerg; -do- -do.- Westmoreland County. September 2, 1982, Reg; March 17, 2011, Susp. Salem, Township of, Westmoreland 422192 February 29, 1980, -do- -do.- County. Emerg; April 17, 1985, Reg; March 17, 2011, Susp. Scottdale, Borough of, 420896 January 26, 1973, -do- -do.- Westmoreland County. Emerg; November 18, 1981, Reg; March 17, 2011, Susp. Seward, Borough of, Westmoreland 422738 N/A, Emerg; June 9, -do- -do.- County. 1998, Reg; March 17, 2011, Susp. Sewickley, Township of, 422193 April 19, 1973, Emerg; -do- -do.- Westmoreland County. June 1, 1978, Reg; March 17, 2011, Susp. Smithton, Borough of, 420899 May 4, 1976, Emerg; -do- -do.- Westmoreland County. August 15, 1990, Reg; March 17, 2011, Susp. South Greensburg, Borough of, 420900 February 10, 1976, -do- -do.- Westmoreland County. Emerg; July 3, 1986, Reg; March 17, 2011, Susp. South Huntingdon, Township of, 422194 February 18, 1977, -do- -do.- Westmoreland County. Emerg; August 15, 1990, Reg; March 17, 2011, Susp. Southwest Greensburg, Borough of, 420901 August 29, 1975, Emerg; -do- -do.- Westmoreland County. June 30, 1976, Reg; March 17, 2011, Susp. St. Clair, Township of, 422191 August 22, 1977, Emerg; -do- -do.- Westmoreland County. September 18, 1987, Reg; March 17, 2011, Susp. Sutersville, Borough of, 420902 February 5, 1974, -do- -do.- Westmoreland County. Emerg; August 1, 1977, Reg; March 17, 2011, Susp. Trafford, Borough of, 420903 May 30, 1975, Emerg; -do- -do.- Westmoreland County. September 28, 1979, Reg; March 17, 2011, Susp. Unity, Township of, Westmoreland 420964 December 26, 1973, -do- -do.- County. Emerg; July 17, 1978, Reg; March 17, 2011, Susp. Upper Burrell, Township of, 422195 August 20, 1975, Emerg; -do- -do.- Westmoreland County. December 15, 1981, Reg; March 17, 2011, Susp. Vandergrift, Borough of, 420904 October 9, 1974, Emerg; -do- -do.- Westmoreland County. September 30, 1980, Reg; March 17, 2011, Susp. Washington, Township of, 422196 January 3, 1977, Emerg; -do- -do.- Westmoreland County. April 16, 1982, Reg; March 17, 2011, Susp. West Leechburg, Borough of, 420905 March 22, 1976, Emerg; -do- -do.- Westmoreland County. September 28, 1979, Reg; March 17, 2011, Susp. West Newton, Borough of, 420906 January 12, 1973, -do- -do.- Westmoreland County. Emerg; July 18, 1977, Reg; March 17, 2011, Susp. Youngwood, Borough of, 420908 March 24, 1975, Emerg; -do- -do.- Westmoreland County. December 15, 1981, Reg; March 17, 2011, Susp. Region IV Kentucky: Franklin, City of, Simpson County 210210 November 7, 1974, -do- -do.- Emerg; September 27, 1985, Reg; March 17, 2011, Susp. Simpson County, Unincorporated 210316 July 31, 1975, Emerg; -do- -do.- Areas. May 1, 1987, Reg; March 17, 2011, Susp. Region V Indiana: Evansville, City of, Vanderburgh 180257 June 25, 1971, Emerg; -do- -do.- County. October 15, 1981, Reg; March 17, 2011, Susp. Vanderburgh County, 180256 June 25, 1971, Emerg; -do- -do.- Unincorporated Areas. February 1, 1980, Reg; March 17, 2011, Susp. [[Page 12599]] Ohio: Beavercreek, City of, Greene 390876 August 27, 1980, Emerg; -do- -do.- County. August 2, 1982, Reg; March 17, 2011, Susp. Bellbrook, City of, Greene County 390194 July 28, 1972, Emerg; -do- -do.- June 1, 1977, Reg; March 17, 2011, Susp. Centerville, City of, Greene and 390408 May 19, 1975, Emerg; -do- -do.- Montgomery Counties. November 18, 1981, Reg; March 17, 2011, Susp. Fairborn, City of, Greene County. 390195 June 19, 1975, Emerg; -do- -do.- November 19, 1980, Reg; March 17, 2011, Susp. Greene County, Unincorporated 390193 July 3, 1974, Emerg; -do- -do.- Areas. April 1, 1981, Reg; March 17, 2011, Susp. Huber Heights, City of, Greene, 390884 December 11, 1984, -do- -do.- Miami, and Montgomery Counties. Emerg; December 11, 1984, Reg; March 17, 2011, Susp. Jamestown, Village of, Greene 390881 April 22, 1983, Emerg; -do- -do.- County. February 1, 1984, Reg; March 17, 2011, Susp. Kettering, City of, Greene and 390412 December 12, 1973, -do- -do.- Montgomery Counties. Emerg; October 15, 1980, Reg; March 17, 2011, Susp. Spring Valley, Village of, Greene 390196 April 9, 1975, Emerg; -do- -do.- County. August 1, 1980, Reg; March 17, 2011, Susp. Xenia, City of, Greene County.... 390197 May 12, 1975, Emerg; -do- -do.- January 2, 1981, Reg; March 17, 2011, Susp. Yellow Springs, Village of, 390640 July 31, 1975, Emerg; -do- -do.- Greene County. September 4, 1985, Reg; March 17, 2011, Susp. Region VI Arkansas: Beaver, Town of, Carroll County.. 050595 September 7, 1989, -do- -do.- Emerg; March 17, 2011, Reg; March 17, 2011, Susp. Eureka Springs, City of, Carroll 050322 April 2, 1975, Emerg; -do- -do.- County. July 16, 1980, Reg; March 17, 2011, Susp. Louisiana: Allen Parish, Unincorporated 220009 September 4, 1978, -do- -do.- Areas. Emerg; January 3, 1990, Reg; March 17, 2011, Susp. Elizabeth, Town of, Allen Parish. 220324 March 19, 1985, Emerg; -do- -do.- February 1, 1987, Reg; March 17, 2011, Susp. Kinder, Town of, Allen Parish.... 220010 September 8, 1975, -do- -do.- Emerg; November 1, 1985, Reg; March 17, 2011, Susp. Oakdale, City of, Allen Parish... 220011 May 1, 1975, Emerg; -do- -do.- August 5, 1985, Reg; March 17, 2011, Susp. Oberlin, Town of, Allen Parish... 220012 September 28, 1979, -do- -do.- Emerg; October 12, 1982, Reg; March 17, 2011, Susp. Reeves, Village of, Allen Parish. 220307 June 24, 2008, Emerg; -do- -do.- March 17, 2011, Reg; March 17, 2011, Susp. Texas: Como, Town of, Hopkins County.... 480870 October 4, 2002, Emerg; -do- -do.- March 17, 2011, Reg; March 17, 2011, Susp. Hopkins County, Unincorporated 480869 March 6, 2001, Emerg; -do- -do.- Areas. August 1, 2008, Reg; March 17, 2011, Susp. Sulphur Springs, City of, Hopkins 480358 November 26, 1974, -do- -do.- County. Emerg; December 15, 1989, Reg; March 17, 2011, Susp. Tira, City of, Hopkins County.... 480531 November 24, 2009, -do- -do.- Emerg; March 17, 2011, Reg; March 17, 2011, Susp. Region VII Kansas: Hillsboro, City of, Marion County 200505 January 17, 1977, -do- -do.- Emerg; July 20, 1984, Reg; March 17, 2011, Susp. Marion County, Unincorporated 200593 December 29, 1992, -do- -do.- Areas. Emerg; March 1, 2005, Reg; March 17, 2011, Susp. Peabody, City of, Marion County.. 200208 September 18, 1974, -do- -do.- Emerg; November 19, 1986, Reg; March 17, 2011, Susp. Missouri: Ashland, City of, Boone County... 290752 October 7, 1976, Emerg; -do- -do.- August 24, 1984, Reg; March 17, 2011, Susp. Barton County, Unincorporated 290785 September 10, 1984, -do- -do.- Areas Emerg; July 1, 1987, Reg; March 17, 2011, Susp. Boone County, Unincorporated 290034 June 4, 1979, Emerg; -do- -do.- Areas June 15, 1983, Reg; March 17, 2011, Susp. Centralia, City of, Boone County. 290035 January 31, 1975, -do- -do.- Emerg; April 15, 1977, Reg; March 17, 2011, Susp. Columbia, City of, Boone County.. 290036 August 27, 1971, Emerg; -do- -do.- August 27, 1971, Reg; March 17, 2011, Susp. [[Page 12600]] Hallsville, City of, Boone County 290712 April 6, 2005, Emerg; -do- -do.- January 1, 2006, Reg; March 17, 2011, Susp. Hartsburg, Village of, Boone 290037 December 15, 1975, -do- -do.- County. Emerg; August 16, 1982, Reg; March 17, 2011, Susp. Lamar, City of, Barton County.... 290025 October 14, 1975, -do- -do.- Emerg; February 15, 1985, Reg; March 17, 2011, Susp. Rocheport, City of, Boone and 290038 October 2, 1975, Emerg; -do- -do.- Howard Counties. August 2, 1982, Reg; March 17, 2011, Susp. Sturgeon, City of, Boone County.. 290039 March 17, 1986, Emerg; -do- -do.- May 1, 1987, Reg; March 17, 2011, Susp. Region VIII Colorado: Elbert County, Unincorporated 080055 N/A, Emerg; August 13, -do- -do.- Areas. 2007, Reg; March 17, 2011, Susp. Kiowa, Town of, Elbert County.... 080057 April 26, 1999, Emerg; -do- -do.- March 17, 2011, Reg; March 17, 2011, Susp. Simla, Town of, Elbert County.... 080058 N/A, Emerg; October 22, -do- -do.- 2009, Reg; March 17, 2011, Susp. Region X Alaska: Matanuska-Susitna, Borough of.... 020021 January 23, 1979, -do- -do.- Emerg; May 1, 1985, Reg; March 17, 2011, Susp. ---------------------------------------------------------------------------------------------------------------- * -do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: February 23, 2011. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2011-5132 Filed 3-7-11; 8:45 am] BILLING CODE 9110-12-P