[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)] [Rules and Regulations] [Pages 18934-18938] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-8112] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8175] 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 [[Page 18935]] 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 I New Hampshire: Hudson, Town of, 330092 November 17, 1977, April 18, 2011........ April 18, 2011. Hillsborough County. Emerg; January 3, 1979, Reg; April 18, 2011, Susp. Nashua, City of, 330097 February 6, 1975, ......do.............. Do. Hillsborough County. Emerg; June 15, 1979, Reg; April 18, 2011, Susp. Rhode Island: Cranston, City of, 445396 September 11, ......do.............. Do. Providence County. 1970, Emerg; August 27, 1971, Reg; April 18, 2011, Susp. [[Page 18936]] East Providence, City of, 445398 June 5, 1970, ......do.............. Do. Providence County. Emerg; May 18, 1973, Reg; April 18, 2011, Susp. Johnston, Town of, 440018 August 1, 1975, ......do.............. Do. Providence County. Emerg; September 1, 1978, Reg; April 18, 2011, Susp. North Providence, Town of, 440020 October 6, 1972, ......do.............. Do. Providence County. Emerg; December 15, 1977, Reg; April 18, 2011, Susp. Providence, City of, 445406 September 11, ......do.............. Do. Providence County. 1970, Emerg; December 11, 1970, Reg; April 18, 2011, Susp. Region IV Alabama: Randolph County, 010182 N/A, Emerg; ......do.............. Do. Unincorporated Areas. November 5, 2003, Reg; April 18, 2011, Susp. Roanoke, City of, Randolph 010348 N/A, Emerg; May 3, ......do.............. Do. County. 1995, Reg; April 18, 2011, Susp. Wadley, Town of, Randolph 010183 July 15, 1975, ......do.............. Do. County. Emerg; August 19, 1985, Reg; April 18, 2011, Susp. Wedowee, Town of, Randolph 010401 N/A, Emerg; ......do.............. Do. County. October 29, 1998, Reg; April 18, 2011, Susp. Kentucky: McLean County, 210153 February 6, 1979, ......do.............. Do. Unincorporated Areas. Emerg; February 15, 1991, Reg; April 18, 2011, Susp. Morehead, City of, Rowan 210204 June 4, 1975, ......do.............. Do. County. Emerg; July 5, 1982, Reg; April 18, 2011, Susp. Rowan County, 210203 May 19, 1975, ......do.............. Do. Unincorporated Areas. Emerg; January 19, 1983, Reg; April 18, 2011, Susp. Region V Ohio: Clyde, City of, Sandusky 390489 August 14, 1974, ......do.............. Do. County. Emerg; April 2, 1979, Reg; April 18, 2011, Susp. Corning, Village of, Perry 390440 July 18, 1975, ......do.............. Do. County. Emerg; September 1, 1987, Reg; April 18, 2011, Susp. Crooksville, Village of, 390441 April 16, 1976, ......do.............. Do. Perry County. Emerg; March 4, 1988, Reg; April 18, 2011, Susp. Fremont, City of, Sandusky 390490 June 9, 1975, ......do.............. Do. County. Emerg; April 18, 2011, Reg; April 18, 2011, Susp. Glenford, Village of, 390442 August 11, 1978, ......do.............. Do. Perry County. Emerg; August 2, 1995, Reg; April 18, 2011, Susp. Green Springs, Village of, 390492 April 2, 1976, ......do.............. Do. Sandusky and Seneca Emerg; August 15, Counties. 1980, Reg; April 18, 2011, Susp. Hemlock, Village of, Perry 390708 February 27, 1976, ......do.............. Do. County. Emerg; August 19, 1987, Reg; April 18, 2011, Susp. Lindsey, Village of, 390494 June 20, 1975, ......do.............. Do. Sandusky County. Emerg; September 1, 1978, Reg; April 18, 2011, Susp. New Boston, Village of, 390497 April 17, 1975, ......do.............. Do. Scioto County. Emerg; January 26, 1983, Reg; April 18, 2011, Susp. New Lexington, Village of, 390443 September 15, ......do.............. Do. Perry County. 1975, Emerg; September 2, 1982, Reg; April 18, 2011, Susp. New Straitsville, Village 390709 August 27, 1976, ......do.............. Do. of, Perry County. Emerg; April 17, 1987, Reg; April 18, 2011, Susp. Perry County, 390778 May 19, 1977, ......do.............. Do. Unincorporated Areas. Emerg; September 27, 1991, Reg; April 18, 2011, Susp. Rarden, Village of, Scioto 390499 February 14, 1977, ......do.............. Do. County. Emerg; April 17, 1989, Reg; April 18, 2011, Susp. Sandusky County, 390486 November 13, 1974, ......do.............. Do. Unincorporated Areas. Emerg; January 17, 1979, Reg; April 18, 2011, Susp. Scioto County, 390496 November 20, 1975, ......do.............. Do. Unincorporated Areas. Emerg; June 19, 1989, Reg; April 18, 2011, Susp. Woodville, Village of, 390495 November 21, 1975, ......do.............. Do. Sandusky County. Emerg; June 18, 1980, Reg; April 18, 2011, Susp. Region VI Arkansas: Crossett, City of, Ashley 050471 May 29, 1975, ......do.............. Do. County. Emerg; June 11, 1976, Reg; April 18, 2011, Susp. Hamburg, City of, Ashley 050005 October 18, 1974, ......do.............. Do. County. Emerg; April 1, 1982, Reg; April 18, 2011, Susp. Montrose, Town of, Ashley 050006 October 10, 1974, ......do.............. Do. County. Emerg; March 15, 1982, Reg; April 18, 2011, Susp. [[Page 18937]] Portland, City of, Ashley 050008 August 12, 1974, ......do.............. Do. County. Emerg; March 1, 1988, Reg; April 18, 2011, Susp. Wilmot, City of, Ashley 050009 January 14, 1975, ......do.............. Do. County. Emerg; March 15, 1982, Reg; April 18, 2011, Susp. Oklahoma: Anadarko, City of, Caddo 400018 July 3, 1975, ......do.............. Do. County. Emerg; September 17, 1980, Reg; April 18, 2011, Susp. Apache, City of, Caddo 400019 August 6, 1975, ......do.............. Do. County. Emerg; May 15, 1985, Reg; April 18, 2011, Susp. Caddo County, 400479 N/A, Emerg; June ......do.............. Do. Unincorporated Areas. 12, 1995, Reg; April 18, 2011, Susp. Carnegie, Town of, Caddo 400021 September 3, 1975, ......do.............. Do. County. Emerg; July 20, 1982, Reg; April 18, 2011, Susp. Hydro, Town of, Caddo 400024 January 9, 1987, ......do.............. Do. County. Emerg; November 1, 1989, Reg; April 18, 2011, Susp. Texas: Argyle, Town of, Denton 480775 November 13, 1980, ......do.............. Do. County. Emerg; April 16, 1990, Reg; April 18, 2011, Susp. Carrollton, City of, 480167 May 27, 1975, ......do.............. Do. Collin, Dallas, and Emerg; July 16, Denton Counties. 1980, Reg; April 18, 2011, Susp. Celina, City of, Collin 480133 May 27, 1975, ......do.............. Do. and Denton Counties. Emerg; November 1, 1979, Reg; April 18, 2011, Susp. Coppell, City of, Dallas 480170 June 11, 1975, ......do.............. Do. and Denton Counties. Emerg; August 1, 1980, Reg; April 18, 2011, Susp. Copper Canyon, Town of, 481508 July 8, 1985, ......do.............. Do. Denton County. Emerg; September 18, 1987, Reg; April 18, 2011, Susp. Corinth, City of, Denton 481143 March 5, 1975, ......do.............. Do. County. Emerg; May 15, 1979, Reg; April 18, 2011, Susp. Dallas, City of, Collin, 480171 June 30, 1970, ......do.............. Do. Dallas, Denton, Kaufman, Emerg; March 16, and Rockwell Counties. 1983, Reg; April 18, 2011, Susp. Denton County, 480774 July 22, 1975, ......do.............. Do. Unincorporated Areas. Emerg; May 4, 1987, Reg; April 18, 2011, Susp. Denton, City of, Denton 480194 February 18, 1972, ......do.............. Do. County. Emerg; August 1, 1979, Reg; April 18, 2011, Susp. Double Oak, Town of, 481516 May 28, 1982, ......do.............. Do. Denton County. Emerg; March 4, 1987, Reg; April 18, 2011, Susp. Flower Mound, Town of, 480777 July 31, 1975, ......do.............. Do. Denton and Tarrant Emerg; September Counties. 18, 1986, Reg; April 18, 2011, Susp. Fort Worth, City of, 480596 September 17, ......do.............. Do. Denton and Tarrant 1971, Emerg; June Counties. 4, 1980, Reg; April 18, 2011, Susp. Frisco, City of, Collin 480134 October 7, 1975, ......do.............. Do. and Denton Counties. Emerg; June 18, 1980, Reg; April 18, 2011, Susp. Grapevine, City of, 480598 October 3, 1974, ......do.............. Do. Dallas, Denton, and Emerg; November Tarrant Counties. 17, 1982, Reg; April 18, 2011, Susp. Hackberry, City of, Denton 481607 December 17, 1987, ......do.............. Do. County. Emerg; April 2, 1997, Reg; April 18, 2011, Susp. Highland Village, City of, 481105 June 16, 1978, ......do.............. Do. Denton County. Emerg; July 16, 1987, Reg; April 18, 2011, Susp. Krum, City of, Denton 480779 N/A, Emerg; ......do.............. Do. County. September 23, 1996, Reg; April 18, 2011, Susp. Lakewood Village, Town of, 481663 N/A, Emerg; June ......do.............. Do. Denton County. 11, 2009, Reg; April 18, 2011, Susp. Lewisville, City of, 480195 January 20, 1975, ......do.............. Do. Denton County. Emerg; October 18, 1988, Reg; April 18, 2011, Susp. Northlake, Town of, Denton 480782 April 16, 1990, ......do.............. Do. County. Emerg; September 30, 1994, Reg; April 18, 2011, Susp. Plano, City of, Collin and 480140 July 19, 1974, ......do.............. Do. Denton Counties. Emerg; January 2, 1980, Reg; April 18, 2011, Susp. Ponder, Town of, Denton 480784 N/A, Emerg; July ......do.............. Do. County. 17, 2002, Reg; April 18, 2011, Susp. Sanger, City of, Denton 480786 December 19, 1977, ......do.............. Do. Counties. Emerg; April 24, 1979, Reg; April 18, 2011, Susp. Trophy Club, Town of, 481606 June 12, 1987, ......do.............. Do. Denton and Tarrant Emerg; June 12, Counties. 1987, Reg; April 18, 2011, Susp. Westlake, Town of, Denton 480614 May 24, 1993, ......do.............. Do. and Tarrant Counties. Emerg; June 2, 1993, Reg; April 18, 2011, Susp. Region VII Missouri: Amazonia, City of, Andrew 290005 July 30, 1999, ......do.............. Do. County. Emerg; May 1, 2005, Reg; April 18, 2011, Susp. [[Page 18938]] Bolckow, City of, Andrew 290006 May 17, 1988, ......do.............. Do. County. Emerg; May 17, 1989, Reg; April 18, 2011, Susp. Country Club, Village of, 290604 September 13, ......do.............. Do. Andrew County. 1976, Emerg; August 24, 1984, Reg; April 18, 2011, Susp. Savannah, City of, Andrew 290664 December 21, 1978, ......do.............. Do. County. Emerg; December 21, 1978, Reg; April 18, 2011, Susp. ---------------------------------------------------------------------------------------------------------------- *-do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: March 21, 2011. Sandra K. Knight, Deputy Federal Insurance and Mitigation Administrator, Mitigation. [FR Doc. 2011-8112 Filed 4-5-11; 8:45 am] BILLING CODE 9110-12-P