[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Rules and Regulations]
[Pages 45200-45203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19044]
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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-8189]
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
[[Page 45201]]
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:
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Effective date
authorization/
Community cancellation of Current effective Date certain Federal
State and location No. sale of flood map date assistance no longer
insurance in available in SFHAs
community
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Region III
Maryland: Baltimore County, 240010 March 24, 1972, Aug. 2, 2011.......... Aug. 2, 2011.
Unincorporated Areas. Emerg; March 2,
1981, Reg;
August 2, 2011,
Susp.
Region IV
Kentucky:
Midway, City of, Woodford 210477 N/A, Emerg; ......do*............. Do.
County. September 17,
2008, Reg;
August 2, 2011,
Susp.
Versailles, City of, 210231 April 21, 1989, ......do.............. Do.
Woodford County... Emerg; May 1,
1990, Reg;
August 2, 2011,
Susp.
Woodford County, 210230 March 30, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1978, Reg;
August 2, 2011,
Susp.
Mississippi:
Attala County, 280301 April 23, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1988, Reg;
August 2, 2011,
Susp.
Ethel, Town of, Attala 280006 December 1, 2008, ......do.............. Do.
County. Emerg; October
6, 2009, Reg;
August 2, 2011,
Susp.
Kosciusko, City of, Attala 280007 November 15, ......do.............. Do.
County. 1974, Emerg;
July 2, 1979,
Reg; August 2,
2011, Susp.
McCool, Town of, Attala 280008 July 23, 2009, ......do.............. Do.
County. Emerg; N/A, Reg;
August 2, 2011,
Susp.
South Carolina:
Lockhart, Township of, 450241 April 8, 1987, ......do.............. Do.
Union County.. Emerg; February
1, 1991, Reg;
August 2, 2011,
Susp.
[[Page 45202]]
1Union, City of, Union 450186 June 19, 1975, ......do.............. Do.
County.. Emerg; July 16,
1981, Reg;
August 2, 2011,
Susp.
Region V
Illinois:
Abingdon, City of, Knox 170348 July 24, 1975, ......do.............. Do.
County. Emerg; February
6, 1984, Reg;
August 2, 2011,
Susp.
Buda, Village of, Bureau 171011 July 21, 1983, ......do.............. Do.
County. Emerg; July 21,
1983, Reg;
August 2, 2011,
Susp.
Bureau County, 170729 July 25, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; June 15,
1984, Reg;
August 2, 2011,
Susp.
Cherry, Village of, Bureau 170011 September 20, ......do.............. Do.
County. 1976, Emerg;
January 14,
1983, Reg;
August 2, 2011,
Susp.
Dalzell, Village of, Bureau 170851 February 20, ......do.............. Do.
County. 1976, Emerg;
September 24,
1984, Reg;
August 2, 2011,
Susp.
DePue, Village of, Bureau 170012 August 13, 1974, ......do.............. Do.
County. Emerg; May 1,
1985, Reg;
August 2, 2011,
Susp.
Galesburg, City of, Knox 170349 April 3, 1975, ......do.............. Do.
County. Emerg; June 19,
1985, Reg;
August 2, 2011,
Susp.
Knox County, Unincorporated 170914 January 6, 1976, ......do.............. Do.
Areas. Emerg; August
24, 1984, Reg;
August 2, 2011,
Susp.
Knoxville, City of, Knox 170350 July 16, 1975, ......do.............. Do.
County. Emerg; February
27, 1984, Reg;
August 2, 2011,
Susp.
London Mills, Village of, 170763 January 7, 1976, ......do.............. Do.
Knox County. Emerg; October
15, 1982, Reg;
August 2, 2011,
Susp.
Manlius, Village of, Bureau 170013 October 1, 1975, ......do.............. Do.
County. Emerg; January
28, 1983, Reg;
August 2, 2011,
Susp.
Princeton, City of, Bureau 170014 March 24, 1975, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
August 2, 2011,
Susp.
Spring Valley, City of, 170015 April 28, 1975, ......do.............. Do.
Bureau County. Emerg; September
18, 1985, Reg;
August 2, 2011,
Susp.
Tiskilwa, Village of, 170016 September 8, ......do.............. Do.
Bureau County. 1975, Emerg;
August 19, 1985,
Reg; August 2,
2011, Susp.
Walnut, Village of, Bureau 170017 April 14, 1975, ......do.............. Do.
County. Emerg; March 15,
1984, Reg;
August 2, 2011,
Susp.
Indiana:
Bristol, Town of, Elkhart 180060 July 11, 1975, ......do.............. Do.
County. Emerg; April 16,
1979, Reg;
August 2, 2011,
Susp.
Elkhart, City of, Elkhart 180057 February 9, 1973, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
August 2, 2011,
Susp.
Elkhart County, 180056 February 9, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1979, Reg;
August 2, 2011,
Susp.
Goshen, City of, Elkhart 180058 March 30, 1973, ......do.............. Do.
County. Emerg; August 1,
1979, Reg;
August 2, 2011,
Susp.
Middlebury, Town of, 180460 August 17, 1983, ......do.............. Do.
Elkhart County. Emerg; August
17, 1983, Reg;
August 2, 2011,
Susp.
Nappanee, City of, Elkhart 180059 May 30, 1975, ......do.............. Do.
County. Emerg; August
15, 1983, Reg;
August 2, 2011,
Susp.
Ohio:
Covington, Village of, 390399 July 24, 1975, ......do.............. Do.
Miami County. Emerg; September
2, 1982, Reg;
August 2, 2011,
Susp.
Fletcher, Village of, Miami 390900 N/A, Emerg; ......do.............. Do.
County. September 4,
1996, Reg;
August 2, 2011,
Susp.
Laura, Village of, Miami 390835 N/A, Emerg; May ......do.............. Do.
County. 11, 1995, Reg;
August 2, 2011,
Susp.
Miami County, 390398 April 1, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; January
19, 1983, Reg;
August 2, 2011,
Susp.
Piqua, City of, Miami 390400 May 27, 1975, ......do.............. Do.
County. Emerg; November
9, 1979, Reg;
August 2, 2011,
Susp.
Troy, City of, Miami County 390402 March 12, 1975, ......do.............. Do.
Emerg; June 15,
1979, Reg;
August 2, 2011,
Susp.
West Milton, Village of, 390403 June 24, 1975, ......do.............. Do.
Miami County. Emerg; June 15,
1979, Reg;
August 2, 2011,
Susp.
Wisconsin:
Cleveland, Village of, 550237 September 7, ......do.............. Do.
Manitowoc County. 1973, Emerg; May
15, 1978, Reg;
I>August 2,
2011, Susp.
Kiel, City of, Manitowoc 550239 July 10, 1975, ......do.............. Do.
County. Emerg; January
3, 1985, Reg;
August 2, 2011,
Susp.
Manitowoc, City of, 550240 May 21, 1971, ......do.............. Do.
Manitowoc County. Emerg; April 15,
1977, Reg;
August 2, 2011,
Susp.
[[Page 45203]]
Manitowoc County, 550236 July 18, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; September
15, 1978, Reg;
August 2, 2011,
Susp.
Mishicot, Village of, 555566 April 9, 1971, ......do.............. Do.
Manitowoc County. Emerg; May 13,
1972, Reg;
August 2, 2011,
Susp.
Reedsville, Village of, 550242 June 23, 1975, ......do.............. Do.
Manitowoc County. Emerg; September
30, 1988, Reg;
August 2, 2011,
Susp.
Two Rivers, City of, 550243 August 22, 1973, ......do.............. Do.
Manitowoc County. Emerg; April 3,
1978, Reg;
August 2, 2011,
Susp.
Region VI
Arkansas:
Charleston, City of, 050080 May 19, 1975, ......do.............. Do.
Franklin County. Emerg; November
15, 1985, Reg;
August 2, 2011,
Susp.
Franklin County, 050432 July 15, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; July 17,
1997, Reg;
August 2, 2011,
Susp.
Region VII
Iowa:
Burlington, City of, Des 190114 April 15, 1975, ......do.............. Do.
Moines County. Emerg; July 2,
1981, Reg;
August 2, 2011,
Susp.
Des Moines County, 190113 N/A, Emerg; July ......do.............. Do.
Unincorporated Areas.. 20, 1993, Reg;
August 2, 2011,
Susp.
Iowa County, Unincorporated 190878 June 9, 2008, ......do.............. Do.
Areas.. Emerg; May 1,
2011, Reg;
August 2, 2011,
Susp.
Ladora, City of, Iowa 190425 July 14, 2010, ......do.............. Do.
County.. Emerg; May 1,
2011, Reg;
August 2, 2011,
Susp.
Marengo, City of, Iowa 190157 September 4, ......do.............. Do.
County.. 1974, Emerg;
January 16,
1980, Reg;
August 2, 2011,
Susp.
Victor, City of, Iowa 190426 June 14, 1976, ......do.............. Do.
County.. Emerg; August 1,
1986, Reg;
August 2, 2011,
Susp.
Williamsburg, City of, Iowa 190427 November 15, ......do.............. Do.
County.. 1976, Emerg;
September 6,
1989, Reg;
August 2, 2011,
Susp.
Missouri:
Perry County, 290280 April 6, 1982, ......do.............. Do.
Unincorporated Areas. Emerg; January
6, 1988, Reg;
August 2, 2011,
Susp.
Perryville, City of, Perry 290282 July 29, 1975, ......do.............. Do.
County.. Emerg; August 4,
1983, Reg;
August 2, 2011,
Susp.
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* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 13, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-19044 Filed 7-27-11; 8:45 am]
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