[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Rules and Regulations]
[Pages 26938-26941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11301]
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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-8179]
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
[[Page 26939]]
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 III
Maryland:
Brookview, Town of, 240097 March 17, 1976, May 24, 2011.......... May 24, 2011
Dorchester County. Emerg; January
7, 1977, Reg;
May 24, 2011,
Susp.
Cambridge, City of, 240098 August 12, 1975, *......do............. do.
Dorchester County. Emerg; January
16, 1981, Reg;
May 24, 2011,
Susp.
Church Creek, Town of, 240101 N/A, Emerg; July ......do.............. do.
Dorchester County. 25, 1995, Reg;
May 24, 2011,
Susp.
Dorchester County, 240026 January 23, 1974, ......do.............. do.
Unincorporated Areas. Emerg; October
15, 1981, Reg;
May 24, 2011,
Susp.
Eldorado, Town of, 240105 November 11, ......do.............. do.
Dorchester County. 1975, Emerg;
December 15,
1978, Reg; May
24, 2011, Susp.
Galestown, Town of, 240106 June 2, 2004, ......do.............. do.
Dorchester County. Emerg; May 24,
2011, Reg; May
24, 2011, Susp.
Secretary, Town of, 240123 June 13, 1975, ......do.............. do.
Dorchester County. Emerg; December
19, 1980, Reg;
May 24, 2011,
Susp.
Vienna, Town of, Dorchester 240127 December 12, ......do.............. do.
County. 1975, Emerg;
December 15,
1978, Reg; May
24, 2011, Susp.
Region IV
Kentucky:
Arlington, City of, 210043 September 22, ......do.............. do.
Carlisle County. 1980, Emerg;
July 2, 1987,
Reg; May 24,
2011, Susp.
Bardstown, City of, Nelson 210178 August 8, 1975, ......do.............. do.
County. Emerg; November
19, 1980, Reg;
May 24, 2011,
Susp.
Bardwell, City of, Carlisle 210044 September 3, ......do.............. do.
County. 1980, Emerg;
August 1, 1986,
Reg; May 24,
2011, Susp.
Bloomfield, City of, Nelson 210179 August 8, 1975, ......do.............. do.
County. Emerg; June 4,
1980, Reg; May
24, 2011, Susp.
Campbellsville, City of, 210213 December 17, ......do.............. do.
Taylor County. 1975, Emerg;
August 5, 1986,
Reg; May 24,
2011, Susp.
Estill County, 210279 February 4, 2002, ......do.............. do.
Unincorporated Areas. Emerg; May 24,
2011, Reg; May
24, 2011, Susp.
Fulton, City of, Fulton 210076 May 30, 1975, ......do.............. do.
County. Emerg; August 1,
1980, Reg; May
24, 2011, Susp.
[[Page 26940]]
Fulton County, 210336 December 17, ......do.............. do.
Unincorporated Areas. 2004, Emerg; May
24, 2011, Reg;
May 24, 2011,
Susp.
Hickman, City of, Fulton 210077 July 13, 1979, ......do.............. do.
County. Emerg; July 16,
1987, Reg; May
24, 2011, Susp.
Irvine, City of, Estill 210064 July 30, 1975, ......do.............. do.
County. Emerg; September
27, 1985, Reg;
May 24, 2011,
Susp.
Nelson County, 210177 July 21, 1975, ......do.............. do.
Unincorporated Areas. Emerg; November
5, 1980, Reg;
May 24, 2011,
Susp.
New Haven, City of, Nelson 210180 August 8, 1975, ......do.............. do.
County. Emerg; November
5, 1980, Reg;
May 24, 2011,
Susp.
Ravenna, City of, Estill 210319 May 19, 1976, ......do.............. do.
County. Emerg; September
18, 1985, Reg;
May 24, 2011,
Susp.
Taylor County, 210212 January 7, 1991, ......do.............. do.
Unincorporated Areas. Emerg; February
6, 1991, Reg;
May 24, 2011,
Susp.
Mississippi:
Grenada, City of, Grenada 280061 June 7, 1973, ......do.............. do.
County. Emerg; March 1,
1979, Reg; May
24, 2011, Susp.
Grenada County, 280060 January 28, 1974, ......do.............. do.
Unincorporated Areas. Emerg; December
1, 1978, Reg;
May 24, 2011,
Susp.
South Carolina:
Dillon, Town of, Dillon 450065 July 18, 1985, ......do.............. do.
County. Emerg; July 1,
1991, Reg; May
24, 2011, Susp.
Dillon County, 450064 N/A, Emerg; April ......do.............. do.
Unincorporated Areas. 8, 2008, Reg;
May 24, 2011,
Susp.
Lake View, Town of, Dillon 450066 July 29, 1975, ......do.............. do.
County. Emerg; March 2,
1989, Reg; May
24, 2011, Susp.
Latta, Town of, Dillon 450067 October 29, 1974, ......do.............. do.
County. Emerg; July 3,
1986, Reg; May
24, 2011, Susp.
Region V
Illinois:
Arthur, Village of, Douglas 170520 September 2, ......do.............. do.
and Moultrie Counties. 1975, Emerg;
December 2,
1988, Reg; May
24, 2011, Susp.
Atwood, Village of, Douglas 170543 March 3, 1976, ......do.............. do.
and Piatt Counties. Emerg; May 25,
1978, Reg; May
24, 2011, Susp.
Douglas County, 170194 N/A, Emerg; May ......do.............. do.
Unincorporated Areas. 17, 1995, Reg;
May 24, 2011,
Susp.
Newman, City of, Douglas 170769 April 8, 2009, ......do.............. do.
County. Emerg; May 24,
2011, Reg; May
24, 2011, Susp.
Tuscola, City of, Douglas 170195 October 17, 1975, ......do.............. do.
County. Emerg; April 1,
1982, Reg; May
24, 2011, Susp.
Villa Grove, City of, 170196 February 27, ......do.............. do.
Douglas County. 1975, Emerg;
February 1,
1979, Reg; May
24, 2011, Susp.
Region VII
Missouri:
Everton, City of, Dade 290589 August 13, 1976, ......do.............. do.
County. Emerg; August 1,
1986, Reg; May
24, 2011, Susp.
Region VIII
North Dakota:
Jamestown, City of, 385366 March 19, 1971, ......do.............. do.
Stutsman County. Emerg; May 26,
1972, Reg; May
24, 2011, Susp.
Kensal, City of, Stutsman 380123 January 21, 1976, ......do.............. do.
County. Emerg; November
20, 1979, Reg;
May 24, 2011,
Susp.
Stutsman County, 380119 February 23, ......do.............. do.
Unincorporated Areas. 2010, Emerg; May
24, 2011, Reg;
May 24, 2011,
Susp.
Utah:
Cache County, 490012 February 12, ......do.............. do.
Unincorporated Areas. 1980, Emerg;
February 1,
1987, Reg; May
24, 2011, Susp.
Clarkston, Town of, Cache 490014 August 23, 1976, ......do.............. do.
County. Emerg; August
19, 1980, Reg;
May 24, 2011,
Susp.
Hyde Park, Town of, Cache 490016 March 10, 1975, ......do.............. do.
County. Emerg; July 29,
1980, Reg; May
24, 2011, Susp.
Lewiston, City of, Cache 490018 June 29, 1976, ......do.............. do.
County. Emerg; July 29,
1980, Reg; May
24, 2011, Susp.
Logan, City of, Cache 490019 November 26, ......do.............. do.
County. 1974, Emerg;
September 28,
1984, Reg; May
24, 2011, Susp.
Mendon, City of, Cache 490020 August 4, 1976, ......do.............. do.
County. Emerg; July 22,
1980, Reg; May
24, 2011, Susp.
[[Page 26941]]
Millville, Town of, Cache 490021 March 13, 1985, ......do.............. do.
County. Emerg; May 24,
2011, Reg; May
24, 2011, Susp.
Newton, Town of, Cache 490022 November 15, ......do.............. do.
County. 1976, Emerg;
July 22, 1980,
Reg; May 24,
2011, Susp.
Nibley, Town of, Cache 490023 March 24, 1975, ......do.............. do.
County. Emerg; August 5,
1986, Reg; May
24, 2011, Susp.
North Logan, City of, Cache 490024 September 26, ......do.............. do.
County. 1974, Emerg;
March 18, 1986,
Reg; May 24,
2011, Susp.
Providence, City of, Cache 490226 May 2, 1975, ......do.............. do.
County. Emerg; February
2, 1984, Reg;
May 24, 2011,
Susp.
River Heights, City of, 490240 May 12, 2009, ......do.............. do.
Cache County. Emerg; May 24,
2011, Reg; May
24, 2011, Susp.
Smithfield, City of, Cache 490029 December 18, ......do.............. do.
County. 1974, Emerg;
March 18, 1986,
Reg; May 24,
2011, Susp.
Wellsville, City of, Cache 490031 July 18, 1975, ......do.............. do.
County. Emerg; July 29,
1980, Reg; May
24, 2011, Susp.
Region X
Idaho:
Caldwell, City of, Canyon 160036 May 2, 1975, ......do.............. do.
County. Emerg; September
3, 1980, Reg;
May 24, 2011,
Susp.
Canyon County, 160208 June 17, 1975, ......do.............. do.
Unincorporated Areas. Emerg; September
28, 1984, Reg;
May 24, 2011,
Susp.
Middleton, City of, Canyon 160037 May 22, 1975, ......do.............. do.
County. Emerg; September
3, 1980, Reg;
May 24, 2011,
Susp.
Nampa, City of, Canyon 160038 May 20, 1975, ......do.............. do.
County. Emerg; September
28, 1984, Reg;
May 24, 2011,
Susp.
Notus, City of, Canyon 160147 October 4, 1976, ......do.............. do.
County. Emerg; March 18,
1980, Reg; May
24, 2011, Susp.
Parma, City of, Canyon 160039 July 27, 1976, ......do.............. do.
County. Emerg; September
30, 1980, Reg;
May 24, 2011,
Susp.
Star, City of, Ada and 160236 N/A, Emerg; ......do.............. do.
Canyon Counties. September 6,
2002, Reg; May
24, 2011, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: April 26, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-11301 Filed 5-9-11; 8:45 am]
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