[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2596-2598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-696]
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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-8163]
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
[[Page 2597]]
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 .................. ......................
Alabama:
Cedar Bluff, Town of, 015010 March 28, 1984, Jan. 19, 2011......... Jan. 19, 2011.
Cherokee County.. Emerg; January 1,
1987, Reg;
January 19, 2011,
Susp.
Centre, City of, Cherokee 010233 December 27, 1976, ......do.............. Do.
County. Emerg; March 14,
1980, Reg;
January 19, 2011,
Susp.
Cherokee County, 010234 June 24, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; June 17,
1991, Reg;
January 19, 2011,
Susp.
Leesburg, City of, 010235 August 2, 1999, ......do.............. Do.
Cherokee County. Emerg; January
19, 2011, Reg;
January 19, 2011,
Susp.
Region V .................. ......................
Illinois: Edgar County, 170985 March 3, 2010, ......do.............. Do.
Unincorporated Areas. Emerg; January
19, 2011, Reg;
January 19, 2011,
Susp.
Ohio:
Bellevue, City of, Erie, 390487 October 21, 1974, ......do.............. Do.
Huron, and Sandusky Emerg; October
Counties. 17, 1978, Reg;
January 19, 2011,
Susp.
Crawford County, 390811 September 2, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1992, Reg;
January 19, 2011,
Susp.
Crestline, City of, 390091 February 18, 1976, ......do.............. Do.
Crawford and Richmond Emerg; October 5,
Counties. 1984, Reg;
January 19, 2011,
Susp.
Galion, City of, Crawford 390092 July 17, 1975, ......do.............. Do.
County. Emerg; June 19,
1985, Reg;
January 19, 2011,
Susp.
Greenwich, Village of, 390282 June 23, 1975, ......do.............. Do.
Huron County. Emerg; September
30, 1988, Reg;
January 19, 2011,
Susp.
Huron County, 390770 August 3, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1987, Reg;
January 19, 2011,
Susp.
Monroeville, Village of, 390283 August 6, 1975, ......do.............. Do.
Huron County. Emerg; August 1,
1987, Reg;
January 19, 2011,
Susp.
New London, Village of, 390284 June 12, 1975, ......do.............. Do.
Huron County. Emerg; May 1,
1988, Reg;
January 19, 2011,
Susp.
Wakeman, Village of, Huron 390288 May 25, 1976, ......do.............. Do.
County.. Emerg; September
1, 1986, Reg;
January 19, 2011,
Susp.
Willard, City of, Huron 390289 June 17, 1975, ......do.............. Do.
County. Emerg; November
2, 1984, Reg;
January 19, 2011,
Susp.
Region VI .................. ......................
Louisiana:
Abbeville, City of, 220264 July 1, 1974, ......do.............. Do.
Vermilion Parish. Emerg; August 3,
1981, Reg;
January 19, 2011,
Susp.
Delcambre, Town of, Iberia 220223 July 1, 1974, ......do.............. Do.
and Vermilion Parishes. Emerg; April 4,
1983, Reg;
January 19, 2011,
Susp.
[[Page 2598]]
Erath, Town of, Vermilion 220224 June 26, 1974, ......do.............. Do.
Parish. Emerg; April 4,
1983, Reg;
January 19, 2011,
Susp.
Gueydan, Town of, 220225 July 1, 1974, ......do.............. Do.
Vermilion Parish. Emerg; December
16, 1977, Reg;
January 19, 2011,
Susp.
Kaplan, City of, Vermilion 220226 July 1, 1974, ......do.............. Do.
Parish. Emerg; March 1,
1982, Reg;
January 19, 2011,
Susp.
Maurice, Village of, 220227 October 16, 1974, ......do.............. Do.
Vermilion Parish.. Emerg; June 30,
1976, Reg;
January 19, 2011,
Susp.
Region VIII .................. ......................
North Dakota:
Enderlin, City of, Cass 385363 October 9, 1970, ......do.............. Do.
and Ransom Counties. Emerg; June 18,
1971, Reg;
January 19, 2011,
Susp.
Lisbon, City of, Ransom 380091 March 10, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
January 19, 2011,
Susp.
Ransom County, 380089 February 17, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1985, Reg;
January 19, 2011,
Susp.
Region IX .................. ......................
California:
Fort Jones, City of, 060365 November 1, 1974, ......do.............. Do.
Siskiyou County. Emerg; April 15,
1980, Reg;
January 19, 2011,
Susp.
Siskiyou County, 060362 February 23, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1982, Reg;
January 19, 2011,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 4, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-696 Filed 1-13-11; 8:45 am]
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