[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14293-14297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6058]
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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-8173]
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
[[Page 14294]]
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:
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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 IV
South Carolina:
McCormick, Town of, 450152 July 15, 1975, April 4, 2011........ April 4, 2011
McCormick County. Emerg; June 25,
1976, Reg; April
4, 2011, Susp.
McCormick County, 450226 December 29, 1975, *......do............ do.
Unincorporated Areas. Emerg; October 1,
1989, Reg; April
4, 2011, Susp.
Region V
Michigan:
Albion, City of, Calhoun 260050 July 1, 1975, ......do............. do.
County. Emerg; June 15,
1982, Reg; April
4, 2011, Susp.
[[Page 14295]]
Albion, Township of, Calhoun 260639 September 12, 1975, ......do............. do.
County. Emerg; October 15,
1982, Reg; April
4, 2011, Susp.
Athens, Village of, Calhoun 260558 March 24, 1977, ......do............. do.
County. Emerg; November
15, 1985, Reg;
April 4, 2011,
Susp.
Battle Creek, City of, 260051 July 2, 1975, ......do............. do.
Calhoun County. Emerg; April 4,
1983, Reg; April
4, 2011, Susp.
Bedford, Township of, 260052 May 30, 1975, ......do............. do.
Calhoun County.. Emerg; February 2,
1983, Reg; April
4, 2011, Susp.
Burlington, Township of, 260651 December 2, 1975, ......do............. do.
Calhoun County. Emerg; July 2,
1987, Reg; April
4, 2011, Susp.
Burlington, Village of, 260559 November 21, 1975, ......do............. do.
Calhoun County. Emerg; July 2,
1987, Reg; April
4, 2011, Susp.
Clarence, Township of, 260560 May 12, 1977, ......do............. do.
Calhoun County. Emerg; February
18, 1983, Reg;
April 4, 2011,
Susp.
Convis, Township of, Calhoun 260652 December 5, 1975, ......do............. do.
County. Emerg; February
11, 1983, Reg;
April 4, 2011,
Susp.
Eckford, Township of, 260653 December 16, 1975, ......do............. do.
Calhoun County. Emerg; August 19,
1986, Reg; April
4, 2011, Susp.
Emmett, Township of, Calhoun 260561 December 5, 1975, ......do............. do.
County. Emerg; June 1,
1983, Reg; April
4, 2011, Susp.
Fredonia, Township of, 260562 December 22, 1975, ......do............. do.
Calhoun County. Emerg; August 19,
1987, Reg; April
4, 2011, Susp.
Homer, Village of, Calhoun 260331 December 5, 1975, ......do............. do.
County. Emerg; May 3,
1982, Reg; April
4, 2011, Susp.
Lee, Township of, Calhoun 260668 March 26, 1976, ......do............. do.
County. Emerg; May 15,
1985, Reg; April
4, 2011, Susp.
Leroy, Township of, Calhoun 260655 February 19, 1976, ......do............. do.
County. Emerg; March 1,
1987, Reg; April
4, 2011, Susp.
Marengo, Township of, 260563 May 30, 1979, ......do............. do.
Calhoun County. Emerg; May 17,
1982, Reg; April
4, 2011, Susp.
Marshall, City of, Calhoun 260053 May 13, 1975, ......do............. do.
County. Emerg; April 1,
1982, Reg; April
4, 2011, Susp.
Marshall, Township of, 260642 October 9, 1975, ......do............. do.
Calhoun County. Emerg; February
11, 1983, Reg;
April 4, 2011,
Susp.
Newton, Township of, Calhoun 260647 November 18, 1975, ......do............. do.
County. Emerg; September
1, 1986, Reg;
April 4, 2011,
Susp.
Pennfield, Charter Township, 260564 August 25, 1975, ......do............. do.
Calhoun County. Emerg; October 15,
1982, Reg; April
4, 2011, Susp.
Sheridan, Township of, 260649 November 20, 1975, ......do............. do.
Calhoun County. Emerg; March 11,
1983, Reg; April
4, 2011, Susp.
Springfield, City of, 260054 August 11, 1975, ......do............. do.
Calhoun County. Emerg; September
28, 1979, Reg;
April 4, 2011,
Susp.
Tekonsha, Township of, 260709 July 20, 1977, ......do............. do.
Calhoun County. Emerg; June 4,
1987, Reg; April
4, 2011, Susp.
Tekonsha, Village of, 260565 December 19, 1975, ......do............. do.
Calhoun County. Emerg; May 1,
1987, Reg; April
4, 2011, Susp.
Ohio:
Archbold, Village of, Fulton 390603 April 30, 1976, ......do............. do.
County. Emerg; January 4,
1985, Reg; April
4, 2011, Susp.
Bellville, Village of, 390604 June 30, 1976, ......do............. do.
Richland County. Emerg; March 16,
1989, Reg; April
4, 2011, Susp.
Butler, Village of, Richland 390605 June 24, 1976, ......do............. do.
County. Emerg; November
15, 1989, Reg;
April 4, 2011,
Susp.
Delta, Village of, Fulton 390183 April 28, 1975, ......do............. do.
County. Emerg; May 15,
1984, Reg; April
4, 2011, Susp.
Fayette, Village of, Fulton 390829 February 8, 1999, ......do............. do.
County. Emerg; April 4,
2011, Reg; April
4, 2011, Susp.
Lucas, Village of, Richland 390661 September 24, 1987, ......do............. do.
County. Emerg; September
1, 1993, Reg;
April 4, 2011,
Susp.
Mansfield, City of, Richland 390477 April 2, 1975, ......do............. do.
County. Emerg; January 3,
1986, Reg; April
4, 2011, Susp.
Metamora, Village of, Fulton 390840 July 21, 1982, ......do............. do.
County. Emerg; May 16,
1995, Reg; April
4, 2011, Susp.
Ontario, Village of, 390478 July 11, 1975, ......do............. do.
Richland County. Emerg; January 30,
1984, Reg; April
4, 2011, Susp.
Plymouth, Village of, Huron 390287 July 30, 1999, ......do............. do.
and Richland Counties. Emerg; April 4,
2011, Reg; April
4, 2011, Susp.
Richland County, 390476 December 11, 1984, ......do............. do.
Unincorporated Areas. Emerg; April 2,
1991, Reg; April
4, 2011, Susp.
[[Page 14296]]
Shelby, City of, Richland 390479 July 30, 1975, ......do............. do.
County. Emerg; March 2,
1989, Reg; April
4, 2011, Susp.
Wauseon, City of, Fulton 390184 July 22, 1975, ......do............. do.
County. Emerg; July 6,
1984, Reg; April
4, 2011, Susp.
Wisconsin:
Arcadia, City of, 550439 September 30, 1975, ......do............. do.
Trempealeau County. Emerg; August 19,
1991, Reg; April
4, 2011, Susp.
Blair, City of, Trempealeau 550440 February 27, 1975, ......do............. do.
County. Emerg; November
16, 1990, Reg;
April 4, 2011,
Susp.
Eleva, Village of, 550441 May 23, 1975, ......do............. do.
Trempealeau County. Emerg; December 5,
1989, Reg; April
4, 2011, Susp.
Ettrick, Village of, 550442 July 15, 1975, ......do............. do.
Trempealeau County. Emerg; June 15,
1982, Reg; April
4, 2011, Susp.
Galesville, City of, 550443 February 23, 1976, ......do............. do.
Trempealeau County. Emerg; March 16,
1981, Reg; April
4, 2011, Susp.
Independence, City of, 550444 July 5, 1974, ......do............. do.
Trempealeau County. Emerg; September
27, 1991, Reg;
April 4, 2011,
Susp.
Osseo, City of, Trempealeau 550445 August 19, 1975, ......do............. do.
County. Emerg; September
5, 1990, Reg;
April 4, 2011,
Susp.
Pigeon Falls, Village of, 550446 March 26, 1976, ......do............. do.
Trempealeau County. Emerg; September
16, 1988, Reg;
April 4, 2011,
Susp.
Strum, Village of, 555583 April 9, 1971, ......do............. do.
Trempealeau County. Emerg; May 13,
1972, Reg; April
4, 2011, Susp.
Trempealeau, Village of, 555584 May 28, 1971, ......do............. do.
Trempealeau County. Emerg; December
12, 1972, Reg;
April 4, 2011,
Susp.
Trempealeau County, 555585 May 14, 1971, ......do............. do.
Unincorporated Areas. Emerg; December
22, 1972, Reg;
April 4, 2011,
Susp.
Whitehall, City of, 550449 February 7, 1975, ......do............. do.
Trempealeau County. Emerg; November
16, 1990, Reg;
April 4, 2011,
Susp.
Region VI
Arkansas:
Fulton, Town of, Hempstead 050086 April 22, 1975, ......do............. do.
County. Emerg; August 3,
1982, Reg; April
4, 2011, Susp.
Hempstead County, 050436 March 28, 1995, ......do............. do.
Unincorporated Areas. Emerg; October 1,
2007, Reg; April
4, 2011, Susp.
Texas:
Crockett, City of, Houston 480359 June 24, 1975, ......do............. do.
County. Emerg; September
30, 1980, Reg;
April 4, 2011,
Susp.
Grapeland, Town of, Houston 480873 March 15, 2001, ......do............. do.
County. Emerg; August 1,
2008, Reg; April
4, 2011, Susp.
Houston County, 480872 July 2, 1993, ......do............. do.
Unincorporated Areas. Emerg; August 1,
2008, Reg; April
4, 2011, Susp.
Lovelady, City of, Houston 480874 June 22, 1990, ......do............. do.
County. Emerg; March 1,
1991, Reg; April
4, 2011, Susp.
Maverick County, 480470 N/A, Emerg; ......do............. do.
Unincorporated Areas. September 23,
1996, Reg; April
4, 2011, Susp.
Woodville, City of, Tyler 481035 August 1, 1979, ......do............. do.
County. Emerg; October 26,
1982, Reg; April
4, 2011, Susp.
Region VII
Iowa:
Anamosa, City of, Jones 190174 July 25, 1975, ......do............. do.
County. Emerg; August 19,
1987, Reg; April
4, 2011, Susp.
Jones County, Unincorporated 190919 March 21, 1979, ......do............. do.
Areas. Emerg; September
30, 1988, Reg;
April 4, 2011,
Susp.
Monticello, City of, Jones 190175 November 27, 1974, ......do............. do.
County. Emerg; April 2,
1979, Reg; April
4, 2011, Susp.
Olin, City of, Jones County. 190176 July 12, 1976, ......do............. do.
Emerg; February 1,
1987, Reg; April
4, 2011, Susp.
Missouri:
Cameron, City of, Clinton 290104 August 25, 1975, ......do............. do.
County. Emerg; August 24,
1984, Reg; April
4, 2011, Susp.
Gower, City of, Buchanan and 290105 June 23, 1975, ......do............. do.
Clinton Counties.. Emerg; July 18,
1985, Reg; April
4, 2011, Susp.
Lathrop, City of, Clinton 290704 June 22, 1976, ......do............. do.
County. Emerg; July 18,
1985, Reg; April
4, 2011, Susp.
Plattsburg, City of, Clinton 290106 March 31, 1975, ......do............. do.
County. Emerg; February 2,
1983, Reg; April
4, 2011, Susp.
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*do = Ditto.
[[Page 14297]]
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
Dated: March 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-6058 Filed 3-15-11; 8:45 am]
BILLING CODE 9110-12-P