[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Rules and Regulations]
[Pages 30837-30840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13139]
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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-8181]
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 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,
[[Page 30838]]
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
Kentucky:
Beaver Dam, City of, Ohio 210184 June 12, 1975, June 2, 2011.......... June 2, 2011.
County. Emerg; September
27, 1985, Reg;
June 2, 2011,
Susp.
Benton, City of, Marshall 210163 September 22, ......do.............. Do.
County. 1972, Emerg;
March 15, 1977,
Reg; June 2,
2011, Susp.
Calvert City, City of, 210164 July 8, 1975, ......do.............. Do.
Marshall County. Emerg; August 5,
1985, Reg; June
2, 2011, Susp.
Carter County, 210050 January 20, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1984, Reg;
June 2, 2011,
Susp.
Gratz, City of, Owen County 210321 June 18, 1976, ......do.............. Do.
Emerg; August
19, 1986, Reg;
June 2, 2011,
Susp.
Grayson, City of, Carter 210051 July 10, 1975, ......do.............. Do.
County. Emerg; August
16, 1982, Reg;
June 2, 2011,
Susp.
Hardin, City of, Marshall 210303 October 15, 1997, ......do.............. Do.
County. Emerg; July 1,
2001, Reg; June
2, 2011, Susp.
Hartford, City of, Ohio 210357 September 8, ......do.............. Do.
County. 1982, Emerg;
September 4,
1985, Reg; June
2, 2011, Susp.
Jessamine County, 210125 April 16, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1978, Reg; June
2, 2011, Susp.
Marshall County, 210252 N/A, Emerg; April ......do.............. Do.
Unincorporated Areas. 1, 1997, Reg;
June 2, 2011,
Susp.
Monterey, City of, Owen 210295 April 20, 1976, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; June
2, 2011, Susp.
Nicholasville, City of, 210126 June 11, 1975, ......do.............. Do.
Jessamine County. Emerg; April 17,
1989, Reg; June
2, 2011, Susp.
Ohio County, Unincorporated 210183 August 3, 1983, ......do.............. Do.
Areas. Emerg; September
29, 1989, Reg;
June 2, 2011,
Susp.
Olive Hill, City of, Carter 210052 July 29, 1975, ......do.............. Do.
County. Emerg; August
16, 1982, Reg;
June 2, 2011,
Susp.
Owen County, Unincorporated 210186 May 2, 1997, ......do.............. Do.
Areas. Emerg; July 1,
1999, Reg; June
2, 2011, Susp.
Wilmore, City of, Jessamine 210311 January 17, 1975, ......do.............. Do.
County. Emerg; November
5, 1986, Reg;
June 2, 2011,
Susp.
Mississippi:
Macon, City of, Noxubee 280123 April 29, 1975, ......do.............. Do.
County. Emerg; January
1, 1986, Reg;
June 2, 2011,
Susp.
Monticello, Town of, 280225 April 27, 1979, ......do.............. Do.
Lawrence County. Emerg; April 2,
1986, Reg; June
2, 2011, Susp.
Noxubee County, 280305 December 21, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
July 1, 1987,
Reg; June 2,
2011, Susp.
Silver Creek, Town of, 280226 November 3, 2008, ......do.............. Do.
Lawrence County. Emerg; June 2,
2011, Reg; June
2, 2011, Susp.
Region V
Illinois:
Adams County, 170001 November 27, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
November 15,
1985, Reg; June
2, 2011, Susp.
Cleveland, Village of, 170748 April 8, 1977, ......do.............. Do.
Henry County. Emerg; August 1,
1980, Reg; June
2, 2011, Susp.
Coal Valley, Village of, 170585 September 26, ......do.............. Do.
Henry and Rock Island 1974, Emerg;
Counties. December 4,
1979, Reg; June
2, 2011, Susp.
Colona, City of, Henry 170749 July 7, 1976, ......do.............. Do.
County. Emerg; September
17, 1980, Reg;
June 2, 2011,
Susp.
Crawford County, 170939 N/A, Emerg; March ......do.............. Do.
Unincorporated Areas. 14, 1996, Reg;
June 2, 2011,
Susp.
[[Page 30839]]
Florence, Village of, Pike 170552 May 27, 1976, ......do.............. Do.
County. Emerg; February
18, 1981, Reg;
June 2, 2011,
Susp.
Geneseo, City of, Henry 170284 March 31, 1972, ......do.............. Do.
County. Emerg; May 16,
1977, Reg; June
2, 2011, Susp.
Henry County, 170739 February 7, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; January
17, 1985, Reg;
June 2, 2011,
Susp.
Hull, Village of, Pike 170553 April 30, 1974, ......do.............. Do.
County. Emerg; June 11,
1976, Reg; June
2, 2011, Susp.
Hutsonville, Village of, 170178 June 17, 1975, ......do.............. Do.
Crawford County. Emerg; March 15,
1984, Reg; June
2, 2011, Susp.
Kewanee, City of, Henry 170286 April 3, 1975, ......do.............. Do.
County. Emerg; March 4,
1986, Reg; June
2, 2011, Susp.
Nebo, Village of, Pike 170554 August 26, 1976, ......do.............. Do.
County. Emerg; August 1,
1984, Reg; June
2, 2011, Susp.
New Canton, Town of, Pike 170555 April 24, 1997, ......do.............. Do.
County. Emerg; June 2,
2011, Reg; June
2, 2011, Susp.
Palestine, Village of, 170179 November 12, ......do.............. Do.
Crawford County. 1975, Emerg;
September 4,
1985, Reg; June
2, 2011, Susp.
Pearl, Village of, Pike 170556 September 1, ......do.............. Do.
County. 1976, Emerg;
September 16,
1981, Reg; June
2, 2011, Susp.
Pike County, Unincorporated 170551 May 1, 1974, ......do.............. Do.
Areas. Emerg; January
3, 1986, Reg;
June 2, 2011,
Susp.
Pleasant Hill, Village of, 170558 October 4, 1974, ......do.............. Do.
Pike County. Emerg; October
15, 1985, Reg;
June 2, 2011,
Susp.
Quincy, City of, Adams 170003 March 25, 1974, ......do.............. Do.
County. Emerg; October
15, 1981, Reg;
June 2, 2011,
Susp.
Robinson, City of, Crawford 170180 July 17, 1975, ......do.............. Do.
County. Emerg; April 6,
1984, Reg; June
2, 2011, Susp.
Valley City, Village of, 170559 May 14, 1979, ......do.............. Do.
Pike County. Emerg; February
18, 1981, Reg;
June 2, 2011,
Susp.
Ohio:
Arcadia, Village of, 390241 January 5, 1978, ......do.............. Do.
Hancock County. Emerg; March 1,
1987, Reg; June
2, 2011, Susp.
Arlington, Village of, 390242 February 25, ......do.............. Do.
Hancock County. 1976, Emerg;
February 2,
1984, Reg; June
2, 2011, Susp.
Findlay, City of, Hancock 390244 January 15, 1975, ......do.............. Do.
County. Emerg; December
4, 1984, Reg;
June 2, 2011,
Susp.
Fostoria, City of, Hancock, 390245 April 9, 1975, ......do.............. Do.
Seneca, and Wood Counties. Emerg; July 1,
1987, Reg; June
2, 2011, Susp.
Hancock County, 390767 May 28, 1991, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1991, Reg; June
2, 2011, Susp.
Jenera, Village of, Hancock 390246 January 24, 2008, ......do.............. Do.
County. Emerg; May 1,
2008, Reg; June
2, 2011, Susp.
Mount Blanchard, Village 390248 January 13, 1976, ......do.............. Do.
of, Hancock County. Emerg; February
5, 1986, Reg;
June 2, 2011,
Susp.
Region VI
Arkansas:
Booneville, City of, Logan 050472 July 2, 1975, ......do.............. Do.
County. Emerg; June 25,
1976, Reg; June
2, 2011, Susp.
Caulksville, Town of, Logan 050397 January 13, 1983, ......do.............. Do.
County. Emerg; July 3,
1985, Reg; June
2, 2011, Susp.
Logan County, 050447 March 13, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; October
18, 1988, Reg;
June 2, 2011,
Susp.
Magazine, City of, Logan 050344 June 2, 1976, ......do.............. Do.
County. Emerg; July 13,
1982, Reg; June
2, 2011, Susp.
Paris, City of, Logan 050132 December 18, ......do.............. Do.
County. 1974, Emerg;
July 6, 1982,
Reg; June 2,
2011, Susp.
Subiaco, Town of, Logan 050288 March 23, 1976, ......do.............. Do.
County. Emerg; July 5,
1978, Reg; June
2, 2011, Susp.
Oklahoma:
Bennington, Town of, Bryan 400260 October 23, 1980, ......do.............. Do.
County. Emerg; August
19, 1985, Reg;
June 2, 2011,
Susp.
Bokchito, Town of, Bryan 400349 February 9, 1978, ......do.............. Do.
County. Emerg; October
19, 1982, Reg;
June 2, 2011,
Susp.
Bryan County, 400482 July 21, 1982, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1991, Reg;
June 2, 2011,
Susp.
Caddo, Town of, Bryan 400353 October 26, 1976, ......do.............. Do.
County. Emerg; May 25,
1978, Reg; June
2, 2011, Susp.
Durant, City of, Bryan 400460 May 20, 1975, ......do.............. Do.
County. Emerg; September
30, 1980, Reg;
June 2, 2011,
Susp.
[[Page 30840]]
Texas:
Hubbard, City of, Hill 480859 April 3, 1981, ......do.............. Do.
County. Emerg; May 1,
1985, Reg; June
2, 2011, Susp.
Mertens, Town of, Hill 480862 August 16, 1990, ......do.............. Do.
County. Emerg; March 1,
1991, Reg; June
2, 2011, Susp.
Region VII
Iowa:
Clayton, City of, Clayton 190072 February 24, ......do.............. Do.
County. 1975, Emerg;
March 16, 1989,
Reg; June 2,
2011, Susp.
Clayton County, 190858 May 3, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1990, Reg; June
2, 2011, Susp.
Elkader, City of, Clayton 190073 October 3, 1974, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
June 2, 2011,
Susp.
Elkport, City of, Clayton 190074 December 24, ......do.............. Do.
County. 1974, Emerg;
August 1, 1986,
Reg; June 2,
2011, Susp.
Farmersburg, City of, 190075 October 6, 1975, ......do.............. Do.
Clayton County. Emerg; August
19, 1986, Reg;
June 2, 2011,
Susp.
Garber, City of, Clayton 190076 March 7, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; June
2, 2011, Susp.
Marquette, City of, Clayton 195182 April 16, 1971, ......do.............. Do.
County. Emerg; January
19, 1972, Reg;
June 2, 2011,
Susp.
McGregor, City of, Clayton 195183 April 9, 1971, ......do.............. Do.
County. Emerg; January
19, 1972, Reg;
June 2, 2011,
Susp.
Millville, City of, Clayton 190081 July 9, 1975, ......do.............. Do.
County. Emerg; July 2,
1987, Reg; June
2, 2011, Susp.
Saint Olaf, City of, 190084 March 10, 1975, ......do.............. Do.
Clayton County. Emerg; August 1,
1986, Reg; June
2, 2011, Susp.
Strawberry Point, City of, 190662 N/A, Emerg; ......do.............. Do.
Clayton County. October 19,
2010, Reg; June
2, 2011, Susp.
Volga, City of, Clayton 190085 July 23, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; June
2, 2011, Susp.
Region IX
California:
Fort Bragg, City of, 060184 May 23, 1975, ......do.............. Do.
Mendocino County. Emerg; December
7, 1982, Reg;
June 2, 2011,
Susp.
Ukiah, City of, Mendocino 060186 October 30, 1974, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; June
2, 2011, Susp.
Willits, City of, Mendocino 060187 July 16, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; June
2, 2011, Susp.
Region X
Oregon:
Benton County, 410008 April 18, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1986, Reg; June
2, 2011, Susp.
Corvallis, City of, Benton 410009 October 24, 1974, ......do.............. Do.
County. Emerg; January
3, 1985, Reg;
June 2, 2011,
Susp.
Monroe, City of, Benton 410010 July 8, 1975, ......do.............. Do.
County. Emerg; January
3, 1986, Reg;
June 2, 2011,
Susp.
Philomath, City of, Benton 410011 June 6, 1975, ......do.............. Do.
County. Emerg; June 15,
1982, Reg; June
2, 2011, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 11, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-13139 Filed 5-26-11; 8:45 am]
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