[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Rules and Regulations]
[Pages 56117-56120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23219]
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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-8195]
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 56118]]
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 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 I
Connecticut:
East Hartford, Town of, 090026 December 29, 1972, Sept. 16, 2011 Sept. 16, 2011
Hartford County. Emerg; December
18, 1979, Reg;
September 16,
2011, Susp.
Hartford, City of, 095080 June 30, 1970, ......do.............. Do.
Hartford County. Emerg; April 28,
1972, Reg;
September 16,
2011, Susp.
Region IV
Alabama:
Albertville, City of, 010366 October 13, 1976, ......do.............. Do.
Marshall County. Emerg; September
4, 1985, Reg;
September 16,
2011, Susp.
Arab, City of, Marshall 010345 March 21, 1977, ......do.............. Do.
County. Emerg; August 1,
1987, Reg;
September 16,
2011, Susp.
Grant, Town of, Marshall 010282 N/A, Emerg; June ......do.............. Do.
County. 11, 2009, Reg;
September 16,
2011, Susp.
Guntersville, City of, 010311 May 5, 1975, ......do.............. Do.
Marshall County. Emerg; August 19,
1991, Reg;
September 16,
2011, Susp.
Haleyville, City of, 010303 October 23, 1975, ......do.............. Do.
Winston County. Emerg; June 25,
1976, Reg;
September 16,
2011, Susp.
Marshall County, 010275 N/A, Emerg; June ......do.............. Do.
Unincorporated Areas. 4, 1991, Reg;
September 16,
2011, Susp.
Winston County, 010304 January 14, 1991, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1991, Reg;
September 16,
2011, Susp.
Mississippi:
Carthage, City of, Leake 280097 October 18, 1974, ......do.............. Do.
County. Emerg; August 19,
1985, Reg;
September 16,
2011, Susp.
[[Page 56119]]
Leake County, 280293 April 23, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; September
15, 1989, Reg;
September 16,
2011, Susp.
Pearl River Valley Water 280338 N/A, Emerg; March ......do.............. Do.
Supply District, Leake 5, 1993, Reg;
County. September 16,
2011, Susp.
Walnut Grove, Town of, 280098 November 1, 2010, ......do.............. Do.
Leake County. Emerg; N/A, Reg;
September 16,
2011, Susp.
South Carolina:
Cheraw, Town of, 450050 March 21, 1974, ......do.............. Do.
Chesterfield County. Emerg; September
29, 1978, Reg;
September 16,
2011, Susp.
Cherokee County, 450045 October 21, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; October
21, 1981, Reg;
September 16,
2011, Susp.
Chester, City of, Chester 450048 July 7, 1975, ......do.............. Do.
County. Emerg; July 5,
1982, Reg;
September 16,
2011, Susp.
Chester County, 450047 August 20, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; July 5,
1982, Reg;
September 16,
2011, Susp.
Chesterfield County, 450228 December 15, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; November
6, 1991, Reg;
September 16,
2011, Susp.
Gaffney, City of, Cherokee 450046 February 11, 1974, ......do.............. Do.
County. Emerg; August 3,
1981, Reg;
September 16,
2011, Susp.
Great Falls, Town of, 450049 May 27, 1975, ......do.............. Do.
Chester County. Emerg; June 25,
1976, Reg;
September 16,
2011, Susp.
Newberry, City of, 450153 November 27, 1974, ......do.............. Do.
Newberry County. Emerg; June 4,
1980, Reg;
September 16,
2011, Susp.
Newberry County, 450224 July 2, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; December
15, 1990, Reg;
September 16,
2011, Susp.
Whitmire, Town of, 450156 July 7, 1975, ......do.............. Do.
Newberry County. Emerg; February
1, 1991, Reg;
September 16,
2011, Susp.
Region V
Wisconsin:
Balsam Lake, Village of, 550333 April 30, 1975, ......do.............. Do.
Polk County. Emerg; July 1,
1988, Reg;
September 16,
2011, Susp.
Frederic, Village of, Polk 550334 March 24, 1975, ......do.............. Do.
County. Emerg; September
1, 1986, Reg;
September 16,
2011, Susp.
Luck, Village of, Polk 550335 April 16, 1975, ......do.............. Do.
County. Emerg; July 2,
1987, Reg;
September 16,
2011, Susp.
Osceola, Village of, Polk 550336 August 20, 1974, ......do.............. Do.
County. Emerg; January 5,
1984, Reg;
September 16,
2011, Susp.
Polk County, 550577 April 22, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 4,
1990, Reg;
September 16,
2011, Susp.
Saint Croix Falls, City 550337 July 18, 1975, ......do.............. Do.
of, Polk County. Emerg; May 1,
1987, Reg;
September 16,
2011, Susp.
Region VI
Arkansas:
Cave City, City of, Sharp 050313 December 10, 1982, ......do.............. Do.
County. Emerg; May 1,
1985, Reg;
September 16,
2011, Susp.
Cherokee Village, City of, 050603 April 25, 2000, ......do.............. Do.
Sharp County. Emerg; April 16,
2004, Reg;
September 16,
2011, Susp.
Evening Shade, Town of, 050412 March 23, 1976, ......do.............. Do.
Sharp County. Emerg; November
1, 1985, Reg;
September 16,
2011, Susp.
Hardy, City of, Sharp 050330 November 11, 1977, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
September 16,
2011, Susp.
Williford, Town of, Sharp 050575 January 18, 1983, ......do.............. Do.
County. Emerg; March 25,
1985, Reg;
September 16,
2011, Susp.
Oklahoma:
Adair, Town of, Mayes 400256 N/A, Emerg; ......do.............. Do.
County. January 25, 2010,
Reg; September
16, 2011, Susp.
Chouteau, Town of, Mayes 400115 May 9, 1975, ......do.............. Do.
County. Emerg; January
26, 1983, Reg;
September 16,
2011, Susp.
Locust Grove, Town of, 400116 May 9, 1975, ......do.............. Do.
Mayes County. Emerg; September
11, 1978, Reg;
September 16,
2011, Susp.
Mayes County, 400458 April 8, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1989, Reg;
September 16,
2011, Susp.
Pryor Creek, City of, 400117 April 21, 1975, ......do.............. Do.
Mayes County. Emerg; July 16,
1987, Reg;
September 16,
2011, Susp.
Salina, Town of, Mayes 400118 January 26, 1983, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
September 16,
2011, Susp.
Spavinaw, Town of, Mayes 400328 December 23, 1976, ......do.............. Do.
County. Emerg; September
21, 1982, Reg;
September 16,
2011, Susp.
Texas:
[[Page 56120]]
Coolidge, City of, 480911 June 12, 1987, ......do.............. Do.
Limestone County. Emerg; November
1, 1989, Reg;
September 16,
2011, Susp.
Kosse, Town of, Limestone 481151 November 19, 1980, ......do.............. Do.
County. Emerg; July 6,
1982, Reg;
September 16,
2011, Susp.
Limestone County, 480910 February 6, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1987, Reg;
September 16,
2011, Susp.
Mexia, City of, Limestone 480442 August 18, 1975, ......do.............. Do.
County. Emerg; August 1,
1980, Reg;
September 16,
2011, Susp.
Region VII
Iowa:
Aplington, City of, Butler 190335 September 3, 2010, ......do.............. Do.
County. Emerg; N/A, Reg;
September 16,
2011, Susp.
Aredale, City of, Butler 190035 November 3, 1975, ......do.............. Do.
County. Emerg; August 19,
1986, Reg;
September 16,
2011, Susp.
Clarksville, City of, 190336 October 28, 1985, ......do.............. Do.
Butler County. Emerg; September
6, 1989, Reg;
September 16,
2011, Susp.
New Hartford, City of, 190038 November 6, 1974, ......do.............. Do.
Butler County. Emerg; September
29, 1986, Reg;
September 16,
2011, Susp.
Elma, City of, Howard 190416 May 23, 1978, ......do.............. Do.
County. Emerg; August 1,
1986, Reg;
September 16,
2011, Susp.
Lime Springs, City of, 190417 January 24, 1977, ......do.............. Do.
Howard County. Emerg; September
1, 1987, Reg;
September 16,
2011, Susp.
Riceville, City of, Howard 190418 February 21, 1997, ......do.............. Do.
County. Emerg; March 1,
2000, Reg;
September 16,
2011, Susp.
Region VIII
South Dakota:
Meade County, 460054 April 12, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1978, Reg;
September 16,
2011, Susp.
Sturgis, City of, Meade 460055 February 9, 1973, ......do.............. Do.
County. Emerg; June 1,
1977, Reg;
September 16,
2011, Susp.
Wyoming:
Dubois, Town of, Fremont 560018 May 9, 1997, ......do.............. Do.
County. Emerg; November
1, 1998, Reg;
September 16,
2011, Susp.
Fremont County, 560080 July 8, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1979, Reg;
September 16,
2011, Susp.
Hudson, Town of, Fremont 560019 September 6, 1974, ......do.............. Do.
County. Emerg; July 17,
1978, Reg;
September 16,
2011, Susp.
Lander, City of, Fremont 560020 August 23, 1974, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
September 16,
2011, Susp.
Riverton, City of, Fremont 560021 May 18, 1999, ......do.............. Do.
County. Emerg; September
1, 1999, Reg;
September 16,
2011, Susp.
Shoshoni, Town of, Fremont 560078 July 5, 1983, ......do.............. Do.
County. Emerg; May 28,
1986, Reg;
September 16,
2011, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Sandra K. Knight,
Deputy Associate Administrator for Mitigation.
[FR Doc. 2011-23219 Filed 9-9-11; 8:45 am]
BILLING CODE 9110-12-P