[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61954-61956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25871]
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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-8201]
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, 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:
[[Page 61955]]
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Date certain federal
State and location Community Effective date authorization/cancellation Current effective map date assistance no longer
No. of sale of flood insurance in community available in SFHAs
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Region IV
South Carolina:
Marion, City of, Marion County.. 450142 March 4, 1974, Emerg; May 4, 1987, Reg; Oct. 18, 2011............... Oct. 18, 2011.
October 18, 2011, Susp.
Marion County, Unincorporated 450141 July 22, 1985, Emerg; June 18, 1990, Reg; ......*do................... Do.
Areas. October 18, 2011, Susp.
Mullins, City of, Marion County. 450143 August 4, 1975, Emerg; June 3, 1986, Reg; ......do.................... Do.
October 18, 2011, Susp.
Nichols, Town of, Marion County. 450144 July 21, 1975, Emerg; September 15, 1999, ......do.................... Do.
Reg; October 18, 2011, Susp.
Sellers, Town of, Marion County. 450145 April 26, 1995, Emerg; April 1, 2002, ......do.................... Do.
Reg; October 18, 2011, Susp.
Region V
Michigan:
Alma, City of, Gratiot County... 260083 December 26, 1974, Emerg; March 1, 1982, ......do.................... Do.
Reg; October 18, 2011, Susp.
St. Louis, City of, Gratiot 260085 July 31, 1975, Emerg; January 18, 1989, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Ohio:
Holmes County, Unincorporated 390276 October 25, 1977, Emerg; December 15, ......do.................... Do.
Areas. 1990, Reg; October 18, 2011, Susp.
Killbuck, Village of, Holmes 390279 August 27, 1975, Emerg; February 5, 1986, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Region VII
Iowa:
Bonaparte, City of, Van Buren 190266 January 14, 1976, Emerg; July 2, 1987, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Cascade, City of, Dubuque County 190117 November 20, 1975, Emerg; April 2, 1979, ......do.................... Do.
Reg; October 18, 2011, Susp.
Dubuque, City of, Dubuque County 195180 May 15, 1970, Emerg; April 2, 1971, Reg; ......do.................... Do.
October 18, 2011, Susp.
Dubuque County, Unincorporated 190534 May 24, 1974, Emerg; September 1, 1983, ......do.................... Do.
Areas. Reg; October 18, 2011, Susp.
Durango, City of, Dubuque County 190119 April 10, 1974, Emerg; July 16, 1981, ......do.................... Do.
Reg; October 18, 2011, Susp.
Dyersville, City of, Dubuque 190120 December 29, 1972, Emerg; December 1, ......do.................... Do.
County. 1977, Reg; October 18, 2011, Susp.
Epworth, City of, Dubuque County 190576 August 4, 1976, Emerg; July 12, 1977, ......do.................... Do.
Reg; October 18, 2011, Susp.
Farmington, City of, Van Buren 190267 June 19, 1975, Emerg; July 16, 1987, Reg; ......do.................... Do.
County. October 18, 2011, Susp.
Keosauqua, City of, Van Buren 190268 January 14, 1975, Emerg; September 5, ......do.................... Do.
County. 1979, Reg; October 18, 2011, Susp.
Sageville, City of, Dubuque 190122 November 20, 1974, Emerg; June 15, 1984, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Van Buren County, Unincorporated 190265 N/A, Emerg; February 11, 1998, Reg; ......do.................... Do.
Areas. October 18, 2011, Susp.
Worthington, City of, Dubuque 190123 August 7, 1975, Emerg; October 18, 1983, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Missouri:
Berger, City of, Franklin County 290132 October 7, 1975, Emerg; June 15, 1982, ......do.................... Do.
Reg; October 18, 2011, Susp.
New Haven, City of, Franklin 290133 January 16, 1976, Emerg; February 18, ......do.................... Do.
County. 1981, Reg; October 18, 2011, Susp.
Sullivan, City of, Franklin 290136 August 8, 1974, Emerg; June 15, 1981, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Washington, City of, Franklin 290138 March 20, 1975, Emerg; November 3, 1982, ......do.................... Do.
County. Reg; October 18, 2011, Susp.
Region VIII
Montana:
Livingston, City of, Park County 300051 May 12, 1975, Emerg; May 19, 1987, Reg; ......do.................... Do.
October 18, 2011, Susp.
Park County, Unincorporated 300160 July 6, 1976, Emerg; January 1, 1987, ......do.................... Do.
Areas. Reg; October 18, 2011, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 61956]]
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2011-25871 Filed 10-5-11; 8:45 am]
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