[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36369-36373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15520]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
-----------------------------------------------------------------------
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8185]
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 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
[[Page 36370]]
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
Massachusetts: Auburn, Town of, 250292 March 2, 1973, July 4, 2011.......... July 4, 2011.
Worcester County. Emerg; June 1,
1978, Reg; July
4, 2011, Susp.
Berlin, Town of, Worcester 250294 August 11, 1975, * Do. Do.
County. Emerg; June 18,
1980, Reg; July
4, 2011, Susp.
Blackstone, Town of, Worcester 250295 November 2, 1973, Do. Do.
County. Emerg; September
30, 1977, Reg;
July 4, 2011,
Susp.
Bolton, Town of, Worcester 250296 March 10, 1975, Do. Do.
County. Emerg; June 18,
1980, Reg; July
4, 2011, Susp.
Boylston, Town of, Worcester 250297 August 26, 1975, Do. Do.
County. Emerg; July 2,
1981, Reg; July
4, 2011, Susp.
Charlton, Town of, Worcester 250299 June 10, 1975, Do. Do.
County. Emerg; July 19,
1982, Reg; July
4, 2011, Susp.
Clinton, Town of, Worcester 250300 May 26, 1977, Do. Do.
County. Emerg; June 15,
1982, Reg; July
4, 2011, Susp.
Douglas, Town of, Worcester 250301 January 29, 1975, Do. Do.
County. Emerg; June 1,
1982, Reg; July
4, 2011, Susp.
Dudley, Town of, Worcester 250302 June 23, 1975, Do. Do.
County. Emerg; June 15,
1982, Reg; July
4, 2011, Susp.
Grafton, Town of, Worcester 250306 July 29, 1975, Do. Do.
County. Emerg; May 2,
1983, Reg; July
4, 2011, Susp.
Harvard, Town of, Worcester 250308 June 25, 1975, Do. Do.
County. Emerg; June 15,
1983, Reg; July
4, 2011, Susp.
[[Page 36371]]
Hopedale, Town of, Worcester 250310 June 23, 1975, Do. Do.
County. Emerg; July 19,
1982, Reg; July
4, 2011, Susp.
Lancaster, Town of, Worcester 250312 March 7, 1975, Do. Do.
County. Emerg; July 5,
1982, Reg; July
4, 2011, Susp.
Leicester, Town of, Worcester 250313 July 22, 1975, Do. Do.
County. Emerg; July 5,
1982, Reg; July
4, 2011, Susp.
Mendon, Town of, Worcester 250316 January 22, 1976, Do. Do.
County. Emerg; July 19,
1982, Reg; July
4, 2011, Susp.
Milford, Town of, Worcester 250317 August 11, 1975, Do. Do.
County. Emerg; July 5,
1984, Reg; July
4, 2011, Susp.
Millbury, Town of, Worcester 250318 May 4, 1973, Do. Do.
County. Emerg; July 2,
1979, Reg; July
4, 2011, Susp.
Millville, Town of, Worcester 250319 March 7, 1975, Do. Do.
County. Emerg; July 19,
1982, Reg; July
4, 2011, Susp.
Northborough, Town of, 250321 June 10, 1975, Do. Do.
Worcester County. Emerg; November
15, 1979, Reg;
July 4, 2011,
Susp.
Northbridge, Town of, Worcester 250322 January 24, 1975, Do. Do.
County. Emerg; June 15,
1983, Reg; July
4, 2011, Susp.
Oxford, Town of, Worcester 250325 July 24, 1975, Do. Do.
County. Emerg; January
20, 1982, Reg;
July 4, 2011,
Susp.
Paxton, Town of, Worcester 250326 October 29, 1980, Do. Do.
County. Emerg; February
18, 1981, Reg;
July 4, 2011,
Susp.
Shrewsbury, Town of, Worcester 250332 April 11, 1975, Do. Do.
County. Emerg; June 4,
1980, Reg; July
4, 2011, Susp.
Southborough, Town of, 250333 August 11, 1975, Do. Do.
Worcester County. Emerg; October
15, 1981, Reg;
July 4, 2011,
Susp.
Southbridge, Town of, Worcester 250334 May 14, 1974, Do. Do.
County. Emerg; March 15,
1982, Reg; July
4, 2011, Susp.
Spencer, Town of, Worcester 250335 November 5, 1975, Do. Do.
County. Emerg; July 2,
1981, Reg; July
4, 2011, Susp.
Sturbridge, Town of, Worcester 250337 July 22, 1975, Do. Do.
County. Emerg; July 19,
1982, Reg; July
4, 2011, Susp.
Sutton, Town of, Worcester 250338 May 29, 1975, Do. Do.
County. Emerg; June 1,
1982, Reg; July
4, 2011, Susp.
Upton, Town of, Worcester 250340 September 2, Do. Do.
County. 1975, Emerg;
August 2, 1982,
Reg; July 4,
2011, Susp.
Uxbridge, Town of, Worcester 250341 May 5, 1975, Do. Do.
County. Emerg; June 1,
1983, Reg; July
4, 2011, Susp.
Webster, Town of, Worcester 250343 July 28, 1975, Do. Do.
County. Emerg; July 5,
1982, Reg; July
4, 2011, Susp.
West Boylston, Town of, 250345 November 24, Do. Do.
Worcester County. 1975, Emerg;
July 2, 1981,
Reg; July 4,
2011, Susp.
Westborough, Town of, Worcester 250344 July 22, 1975, Do. Do.
County. Emerg; May 15,
1980, Reg; July
4, 2011, Susp.
Worcester, City of, Worcester 250349 January 15, 1974, Do. Do.
County. Emerg; August
15, 1980, Reg;
July 4, 2011,
Susp.
Region III
Pennsylvania: Driftwood, 420245 April 15, 1974, Do. Do.
Borough of, Cameron County. Emerg; July 16,
1979, Reg; July
4, 2011, Susp.
Emporium, Borough of, Cameron 420246 May 15, 1974, Do. Do.
County. Emerg; February
1, 1978, Reg;
July 4, 2011,
Susp.
Gibson, Township of, Cameron 421130 March 8, 1974, Do. Do.
County. Emerg; September
1, 1977, Reg;
July 4, 2011,
Susp.
Grove, Township of, Cameron 421128 March 4, 1974, Do. Do.
County. Emerg; July 18,
1977, Reg; July
4, 2011, Susp.
Lumber, Township of, Cameron 421129 March 6, 1974, Do. Do.
County. Emerg; January
5, 1978, Reg;
July 4, 2011,
Susp.
Portage, Township of, Cameron 421132 March 8, 1974, Do. Do.
County. Emerg; August
15, 1978, Reg;
July 4, 2011,
Susp.
Shippen, Township of, Cameron 421103 March 11, 1974, Do. Do.
County. Emerg; April 17,
1978, Reg; July
4, 2011, Susp.
West Virginia: Nicholas County, 540146 June 30, 1976, Do. Do.
Unincorporated Areas. Emerg; April 5,
1994, Reg; July
4, 2011, Susp.
Richmond, City of, Nicholas 540147 November 29, Do. Do.
County. 1974, Emerg;
September 27,
1991, Reg; July
4, 2011, Susp.
Summersville, City of, Nicholas 540148 February 18, Do. Do.
County. 1975, Emerg;
August 24, 1984,
Reg; July 4,
2011, Susp.
Region IV
Florida: Caryville, Town of, 120321 July 9, 1975, Do. Do.
Washington County. Emerg; February
4, 1988, Reg;
July 4, 2011,
Susp.
[[Page 36372]]
Chipley, City of, Washington 120325 January 16, 1975, Do. Do.
County. Emerg; January
1, 1987, Reg;
July 4, 2011,
Susp.
Ebro, Town of, Washington 120629 N/A, Emerg; March Do. Do.
County. 19, 1996, Reg;
July 4, 2011,
Susp.
Vernon, City of, Washington 120322 September 26, Do. Do.
County. 1975, Emerg;
January 1, 1987,
Reg; July 4,
2011, Susp.
Washington County, 120407 September 29, Do. Do.
Unincorporated Areas. 1975, Emerg;
June 17, 1991,
Reg; July 4,
2011, Susp.
Wausau, Town of, Washington 120632 N/A, Emerg; March Do. Do.
County. 30, 1998, Reg;
July 4, 2011,
Susp.
Kentucky: Allen County, 210267 February 10, Do. Do.
Unincorporated Areas. 1994, Emerg;
March 1, 1995,
Reg; July 4,
2011, Susp.
Boyle County, Unincorporated 210322 July 20, 1976, Do. Do.
Areas. Emerg; May 15,
1986, Reg; July
4, 2011, Susp.
Danville, City of, Boyle County 210019 August 8, 1975, Do. Do.
Emerg; September
27, 1985, Reg;
July 4, 2011,
Susp.
Junction City, City of, Boyle 210377 October 16, 1997, Do. Do.
County. Emerg; September
30, 1998, Reg;
July 4, 2011,
Susp.
Perryville, City of, Boyle 210020 July 21, 1975, Do. Do.
County. Emerg; December
3, 1987, Reg;
July 4, 2011,
Susp.
Scottsville, City of, Allen 210001 June 11, 1975, Do. Do.
County. Emerg; September
27, 1985, Reg;
July 4, 2011,
Susp.
Mississippi: Bay Springs, Town 280087 July 3, 1980, Do. Do.
of, Jasper County. Emerg; June 17,
1986, Reg; July
4, 2011, Susp.
Byhalia, Town of, Marshall 280112 April 29, 1975, Do. Do.
County. Emerg; June 18,
1987, Reg; July
4, 2011, Susp.
Heidelberg, Town of, Jasper 280088 January 30, 1975, Do. Do.
County. Emerg; January
1, 1987, Reg;
July 4, 2011,
Susp.
Holly Springs, City of, 280113 March 11, 1975, Do. Do.
Marshall County. Emerg; August 5,
1985, Reg; July
4, 2011, Susp.
Jasper County, Unincorporated 280302 August 12, 2003, Do. Do.
Areas. Emerg; December
1, 2003, Reg;
July 4, 2011,
Susp.
Marshall County, Unincorporated 280274 August 4, 1986, Do. Do.
Areas. Emerg; January
17, 1991, Reg;
July 4, 2011,
Susp.
Potts Camp, Town of, Marshall 280114 March 31, 1975, Do. Do.
County. Emerg; August 5,
1985, Reg; July
4, 2011, Susp.
Region V
Indiana: Albany, Town of, 180314 June 13, 1975, Do. Do.
Delaware County. Emerg; June 15,
1979, Reg; July
4, 2011, Susp.
Delaware County, Unincorporated 180051 June 13, 1975, Do. Do.
Areas. Emerg; March 16,
1981, Reg; July
4, 2011, Susp.
Eaton, Town of, Delaware County 180052 November 11, Do. Do.
1975, Emerg;
June 15, 1979,
Reg; July 4,
2011, Susp.
Muncie, City of, Delaware 180053 April 4, 1975, Do. Do.
County. Emerg; January
16, 1981, Reg;
July 4, 2011,
Susp.
Yorktown, Town of, Delaware 180361 March 18, 1976, Do. Do.
County. Emerg; March 16,
1981, Reg; July
4, 2011, Susp.
Region VI
Arkansas: Conway County, 050426 January 7, 1983, Do. Do.
Unincorporated Areas. Emerg; June 3,
1986, Reg; July
4, 2011, Susp.
Morrilton, City of, Conway 050044 June 6, 1975, Do. Do.
County. Emerg; March 15,
1982, Reg; July
4, 2011, Susp.
Plumerville, City of, Conway 050364 September 15, Do. Do.
County. 1983, Emerg;
January 17,
1986, Reg; July
4, 2011, Susp.
Louisiana: Union Parish, 220359 May 1, 1979, Do. Do.
Unincorporated Areas. Emerg; March 1,
1987, Reg; July
4, 2011, Susp.
Oklahoma: Goodwell, Town of, 400383 June 6, 1980, Do. Do.
Texas County. Emerg; January
18, 1988, Reg;
July 4, 2011,
Susp.
Guymon, City of, Texas County.. 400243 February 5, 1981, Do. Do.
Emerg; June 19,
1985, Reg; July
4, 2011, Susp.
Region VII
Missouri: Holden, City of, 290714 October 14, 1996, Do. Do.
Johnson County. Emerg; March 1,
2001, Reg; July
4, 2011, Susp.
Knob Noster, City of, Johnson 290724 August 7, 1995, Do. Do.
County. Emerg; November
7, 2001, Reg;
July 4, 2011,
Susp.
Saint Mary, City of, Sainte 290326 November 9, 1973, Do. Do.
Genevieve County. Emerg; September
15, 1977, Reg;
July 4, 2011,
Susp.
Sainte Genevieve, City of, 290325 December 19, Do. Do.
Sainte Genevieve County. 1973, Emerg;
September 30,
1977, Reg; July
4, 2011, Susp.
[[Page 36373]]
West Plains, City of, Howell 290166 December 19, Do. Do.
County. 1973, Emerg; May
19, 1981, Reg;
July 4, 2011,
Susp.
Willow Springs, City of, Howell 290167 July 2, 1974, Do. Do.
County. Emerg; August
15, 1979, Reg;
July 4, 2011,
Susp.
----------------------------------------------------------------------------------------------------------------
* Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: June 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-15520 Filed 6-21-11; 8:45 am]
BILLING CODE 9110-12-P