[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49329-49333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20279]
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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-8191]
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,
[[Page 49330]]
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/ Date certain Federal
State and location Community cancellation of sale Current effective assistance no longer
No. of flood insurance in map date available in SFHAs
community
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Region III
Virginia: Hampton, City of, 515527 March 27, 1970, Emerg; Aug. 16, 2011..... Aug. 16, 2011.
Independent City. January 15, 1971,
Reg; August 16, 2011,
Susp.
Region IV
Alabama: Heflin, City of, 010043 May 28, 1975, Emerg; ......do*......... do.
Cleburne County. July 5, 1982, Reg;
August 16, 2011,
Susp.
Mississippi:
Mize, Town of, Smith 280160 July 26, 1976, Emerg; ......do.......... do.
County. January 1, 1986, Reg;
August 16, 2011,
Susp.
Smith County, 280306 June 8, 1990, Emerg; ......do.......... do.
Unincorporated Areas. July 1, 1991, Reg;
August 16, 2011,
Susp.
Taylorsville, Town of, 280161 July 28, 1975, Emerg; ......do.......... do.
Smith County. June 17, 1986, Reg;
August 16, 2011,
Susp.
Region V
Illinois:
Ashkum, Village of, 170287 June 16, 1975, Emerg; ......do.......... do.
Iroquois County. April 20, 1979, Reg;
August 16, 2011,
Susp.
Cissna Park, Village of, 170289 June 13, 1975, Emerg; ......do.......... do.
Iroquois County. September 29, 1986,
Reg; August 16, 2011,
Susp.
Crescent City, Village of, 170291 December 26, 1974, ......do.......... do.
Iroquois County. Emerg; September 1,
1987, Reg; August 16,
2011, Susp.
Gilman, City of, Iroquois 170293 July 28, 1975, Emerg; ......do.......... do.
County. September 1, 1987,
Reg; August 16, 2011,
Susp.
Iroquois, Village of, 170793 April 11, 1975, Emerg; ......do.......... do.
Iroquois County. September 4, 1985,
Reg; August 16, 2011,
Susp.
Iroquois County, 170731 December 17, 1973, ......do.......... do.
Unincorporated Areas. Emerg; September 30,
1988, Reg; August 16,
2011, Susp.
Milford, Village of, 170294 April 10, 1975, Emerg; ......do.......... do.
Iroquois County. September 29, 1986,
Reg; August 16, 2011,
Susp.
Thawville, Village of, 170913 January 2, 1976, ......do.......... do.
Iroquois County. Emerg; August 1,
1986, Reg; August 16,
2011, Susp.
Watseka, City of, Iroquois 170297 December 10, 1974, ......do.......... do.
County. Emerg; June 15, 1979,
Reg; August 16, 2011,
Susp.
Woodland, Village of, 170819 June 25, 1975, Emerg; ......do.......... do.
Iroquois County. September 30, 1988,
Reg; August 16, 2011,
Susp.
Michigan:
Alaiedon, Township of, 260670 April 9, 1976, Emerg; ......do.......... do.
Ingham County. September 28, 1979,
Reg; August 16, 2011,
Susp.
Aurelius, Township of, 261321 January 4, 2011, ......do.......... do.
Ingham County. Emerg; N/A, Reg;
August 16, 2011,
Susp.
Delhi, Charter Township 260088 September 15, 1975, ......do.......... do.
of, Ingham County. Emerg; July 16, 1981,
Reg; August 16, 2011,
Susp.
Lansing, Charter Township 260632 August 25, 1975, ......do.......... do.
of, Ingham County. Emerg; February 4,
1981, Reg; August 16,
2011, Susp.
Lansing, City of, Ingham 260090 March 9, 1973, Emerg; ......do.......... do.
County. March 2, 1981, Reg;
August 16, 2011,
Susp.
Leroy, Township of, Ingham 260906 April 19, 1993, Emerg; ......do.......... do.
County. N/A, Reg; August 16,
2011, Susp.
Leslie, City of, Ingham 260091 July 25, 1975, Emerg; ......do.......... do.
County. August 10, 1979, Reg;
August 16, 2011,
Susp.
[[Page 49331]]
Locke, Township of, Ingham 260671 April 14, 1976, Emerg; ......do.......... do.
County. August 10, 1979, Reg;
August 16, 2011,
Susp.
Mason, City of, Ingham 260092 April 24, 1975, Emerg; ......do.......... do.
County. October 15, 1982,
Reg; August 16, 2011,
Susp.
Meridian, Charter Township 260093 December 30, 1971, ......do.......... do.
of, Ingham County. Emerg; February 2,
1977, Reg; August 16,
2011, Susp.
Stockbridge, Township of, 261326 August 30, 2010, ......do.......... do.
Ingham County. Emerg; N/A, Reg;
August 16, 2011,
Susp.
Stockbridge, Village of, 260573 January 19, 1977, ......do.......... do.
Ingham County. Emerg; September 4,
1986, Reg; August 16,
2011, Susp.
Webberville, Village of, 260416 June 24, 1976, Emerg; ......do.......... do.
Ingham County. August 10, 1979, Reg;
August 16, 2011,
Susp.
White Oak, Township of, 260417 April 28, 1988, Emerg; ......do.......... do.
Ingham County. July 16, 1990, Reg;
August 16, 2011,
Susp.
Williamston, City of, 260094 July 24, 1975, Emerg; ......do.......... do.
Ingham County. April 1, 1982, Reg;
August 16, 2011,
Susp.
Williamstown, Township of, 260095 January 27, 1977, ......do.......... do.
Ingham County. Emerg; April 15,
1982, Reg; August 16,
2011, Susp.
Minnesota:
Benton County, 270019 August 13, 1974, ......do.......... do.
Unincorporated Areas. Emerg; January 2,
1981, Reg; August 16,
2011, Susp.
Foley, City of, Benton 270020 May 2, 1974, Emerg; ......do.......... do.
County. September 18, 1985,
Reg; August 16, 2011,
Susp.
Royalton, City of, Benton 270303 April 5, 1974, Emerg; ......do.......... do.
County. March 28, 1980, Reg;
August 16, 2011,
Susp.
Sartell, City of, Benton 270460 July 5, 1974, Emerg; ......do.......... do.
County. February 15, 1980,
Reg; August 16, 2011,
Susp.
Sauk Rapids, City of, 270023 June 18, 1973, Emerg; ......do.......... do.
Benton County. October 14, 1977,
Reg; August 16, 2011,
Susp.
St. Cloud, City of, Benton 270456 March 31, 1972, Emerg; ......do.......... do.
County. April 1, 1977, Reg;
August 16, 2011,
Susp.
Ohio:
Berkey, Village of, Lucas 390901 N/A, Emerg; March 8, ......do.......... do.
County. 2005, Reg; August 16,
2011, Susp.
Byesville, Village of, 390199 June 17, 1975, Emerg; ......do.......... do.
Guernsey County. February 17, 1989,
Reg; August 16, 2011,
Susp.
Cumberland, Village of, 390824 October 26, 1988, ......do.......... do.
Guernsey County. Emerg; February 17,
1989, Reg; August 16,
2011, Susp.
Harbor View, Village of, 390702 October 8, 1976, ......do.......... do.
Lucas County. Emerg; May 25, 1978,
Reg; August 16, 2011,
Susp.
Holland, Village of, Lucas 390659 March 13, 1975, Emerg; ......do.......... do.
County. September 22, 1978,
Reg; August 16, 2011,
Susp.
Lore City, Village of, 390202 March 25, 1976, Emerg; ......do.......... do.
Guernsey County. February 17, 1989,
Reg; August 16, 2011,
Susp.
Lucas County, 390359 March 9, 1977, Emerg; ......do.......... do.
Unincorporated Areas. March 16, 1983, Reg;
August 16, 2011,
Susp.
Maumee, City of, Lucas 390360 July 25, 1975, Emerg; ......do.......... do.
County. March 28, 1980, Reg;
August 16, 2011,
Susp.
Oregon, City of, Lucas 390361 March 16, 1973, Emerg; ......do.......... do.
County. March 15, 1978, Reg;
August 16, 2011,
Susp.
Ottawa Hills, Village of, 390362 October 24, 1975, ......do.......... do.
Lucas County. Emerg; June 4, 1980,
Reg; August 16, 2011,
Susp.
Pleasant City, Village of, 390203 April 7, 1976, Emerg; ......do.......... do.
Guernsey County. January 5, 1979, Reg;
August 16, 2011,
Susp.
Quaker City, Village of, 390853 August 28, 1980, ......do.......... do.
Guernsey County. Emerg; February 17,
1989, Reg; August 16,
2011, Susp.
Sencecaville, Village of, 390858 September 15, 1989, ......do.......... do.
Guernsey County. Emerg; September 15,
1989, Reg; August 16,
2011, Susp.
Swanton, Village of, Lucas 390632 N/A, Emerg; April 9, ......do.......... do.
County. 1996, Reg; August 16,
2011, Susp.
Sylvania, City of, Lucas 390364 February 18, 1972, ......do.......... do.
County. Emerg; July 5, 1977,
Reg; August 16, 2011,
Susp.
Toledo, City of, Lucas 395373 December 18, 1970, ......do.......... do.
County. Emerg; June 4, 1980,
Reg; August 16, 2011,
Susp.
Waterville, Village of, 390637 April 9, 1975, Emerg; ......do.......... do.
Lucas County. January 2, 1981, Reg;
August 16, 2011,
Susp.
Whitehouse, Village of, 390639 August 27, 1975, ......do.......... do.
Lucas County. Emerg; May 19, 1981,
Reg; August 16, 2011,
Susp.
Wisconsin:
[[Page 49332]]
Lincoln County, 550585 March 8, 1976, Emerg; ......do.......... do.
Unincorporated Areas. February 19, 1986,
Reg; August 16, 2011,
Susp.
Merrill, City of, Lincoln 555565 April 9, 1971, Emerg; ......do.......... do.
County. July 20, 1973, Reg;
August 16, 2011,
Susp.
Tomahawk, City of, Lincoln 550235 November 29, 1974, ......do.......... do.
County. Emerg; September 4,
1985, Reg; August 16,
2011, Susp.
Region VI
Texas:
Brenham, City of, 480648 December 31, 1974, ......do.......... do.
Washington County. Emerg; August 17,
1981, Reg; August 16,
2011, Susp.
Huntsville, City of, 480639 January 20, 1975, ......do.......... do.
Walker County. Emerg; February 4,
1981, Reg; August 16,
2011, Susp.
Montague County, 480939 August 30, 1982, ......do.......... do.
Unincorporated Areas. Emerg; January 17,
1991, Reg; August 16,
2011, Susp.
Nocona, City of, Montague 480482 July 22, 1975, Emerg; ......do.......... do.
County. November 21, 1978,
Reg; August 16, 2011,
Susp.
Paris, City of, Lamar 480427 February 25, 1972, ......do.......... do.
County. Emerg; December 15,
1983, Reg; August 16,
2011, Susp.
Reno, City of, Lamar 481254 January 9, 1980, ......do.......... do.
County. Emerg; September 28,
1982, Reg; August 16,
2011, Susp.
Riverside, City of, Walker 481044 June 28, 2000, Emerg; ......do.......... do.
County. November 1, 2007,
Reg; August 16, 2011,
Susp.
Walker County, 481042 August 18, 1978, ......do.......... do.
Unincorporated Areas. Emerg; May 1, 1987,
Reg; August 16, 2011,
Susp.
Washington County, 481188 January 16, 2001, ......do.......... do.
Unincorporated Areas. Emerg; December 1,
2007, Reg; August 16,
2011, Susp.
Region VII
Iowa:
Elgin, City of, Fayette 190125 June 18, 1975, Emerg; ......do.......... do.
County. August 4, 1987, Reg;
August 16, 2011,
Susp.
Fayette County, 190866 November 27, 1990, ......do.......... do.
Unincorporated Areas. Emerg; July 1, 1991,
Reg; August 16, 2011,
Susp.
Fayette, City of, Fayette 190376 April 27, 1978, Emerg; ......do.......... do.
County. September 1, 1987,
Reg; August 16, 2011,
Susp.
Maynard, City of, Fayette 190377 September 29, 1976, ......do.......... do.
County. Emerg; August 1,
1986, Reg; August 16,
2011, Susp.
Oelwein, City of, Fayette 190126 October 14, 1975, ......do.......... do.
County. Emerg; July 4, 1988,
Reg; August 16, 2011,
Susp.
Waucoma, City of, Fayette 190381 July 15, 1983, Emerg; ......do.......... do.
County. September 29, 1986,
Reg; August 16, 2011,
Susp.
What Cheer, City of, 190179 January 28, 1976, ......do.......... do.
Keokuk County. Emerg; August 1,
1987, Reg; August 16,
2011, Susp.
Nebraska:
Butler County, 310025 October 29, 1998, ......do.......... do.
Unincorporated Areas. Emerg; N/A, Reg;
August 16, 2011,
Susp.
Bruno, Village of, Butler 310027 June 4, 1975, Emerg; ......do.......... do.
County. January 1, 1987, Reg;
August 16, 2011,
Susp.
Linwood, Village of, 310028 May 25, 1976, Emerg; ......do.......... do.
Butler County. January 1, 1987, Reg;
August 16, 2011,
Susp.
Surprise, Village of, 310408 July 22, 2009, Emerg; ......do.......... do.
Butler County. N/A, Reg; August 16,
2011, Susp.
Ulysses, Village of, 310029 May 6, 1975, Emerg; ......do.......... do.
Butler County. October 31, 1983,
Reg; August 16, 2011,
Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 49333]]
Dated: July 29, 2011
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-20279 Filed 8-9-11; 8:45 am]
BILLING CODE 9110-12-P