[Federal Register Volume 76, Number 10 (Friday, January 14, 2011)]
[Rules and Regulations]
[Pages 2596-2598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-696]


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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-8163]


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

[[Page 2597]]

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
----------------------------------------------------------------------------------------------------------------
           Region IV                          ..................                          ......................
 
Alabama:
    Cedar Bluff, Town of,             015010  March 28, 1984,     Jan. 19, 2011.........  Jan. 19, 2011.
     Cherokee County..                         Emerg; January 1,
                                               1987, Reg;
                                               January 19, 2011,
                                               Susp.
    Centre, City of, Cherokee         010233  December 27, 1976,  ......do..............   Do.
     County.                                   Emerg; March 14,
                                               1980, Reg;
                                               January 19, 2011,
                                               Susp.
    Cherokee County,                  010234  June 24, 1986,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 17,
                                               1991, Reg;
                                               January 19, 2011,
                                               Susp.
    Leesburg, City of,                010235  August 2, 1999,     ......do..............   Do.
     Cherokee County.                          Emerg; January
                                               19, 2011, Reg;
                                               January 19, 2011,
                                               Susp.
           Region V                           ..................                          ......................
 
Illinois: Edgar County,               170985  March 3, 2010,      ......do..............   Do.
 Unincorporated Areas.                         Emerg; January
                                               19, 2011, Reg;
                                               January 19, 2011,
                                               Susp.
Ohio:
    Bellevue, City of, Erie,          390487  October 21, 1974,   ......do..............   Do.
     Huron, and Sandusky                       Emerg; October
     Counties.                                 17, 1978, Reg;
                                               January 19, 2011,
                                               Susp.
    Crawford County,                  390811  September 2, 1987,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1992, Reg;
                                               January 19, 2011,
                                               Susp.
    Crestline, City of,               390091  February 18, 1976,  ......do..............   Do.
     Crawford and Richmond                     Emerg; October 5,
     Counties.                                 1984, Reg;
                                               January 19, 2011,
                                               Susp.
    Galion, City of, Crawford         390092  July 17, 1975,      ......do..............   Do.
     County.                                   Emerg; June 19,
                                               1985, Reg;
                                               January 19, 2011,
                                               Susp.
    Greenwich, Village of,            390282  June 23, 1975,      ......do..............   Do.
     Huron County.                             Emerg; September
                                               30, 1988, Reg;
                                               January 19, 2011,
                                               Susp.
    Huron County,                     390770  August 3, 1979,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 1,
                                               1987, Reg;
                                               January 19, 2011,
                                               Susp.
    Monroeville, Village of,          390283  August 6, 1975,     ......do..............   Do.
     Huron County.                             Emerg; August 1,
                                               1987, Reg;
                                               January 19, 2011,
                                               Susp.
    New London, Village of,           390284  June 12, 1975,      ......do..............   Do.
     Huron County.                             Emerg; May 1,
                                               1988, Reg;
                                               January 19, 2011,
                                               Susp.
    Wakeman, Village of, Huron        390288  May 25, 1976,       ......do..............   Do.
     County..                                  Emerg; September
                                               1, 1986, Reg;
                                               January 19, 2011,
                                               Susp.
    Willard, City of, Huron           390289  June 17, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               2, 1984, Reg;
                                               January 19, 2011,
                                               Susp.
           Region VI                          ..................                          ......................
 
Louisiana:
    Abbeville, City of,               220264  July 1, 1974,       ......do..............   Do.
     Vermilion Parish.                         Emerg; August 3,
                                               1981, Reg;
                                               January 19, 2011,
                                               Susp.
    Delcambre, Town of, Iberia        220223  July 1, 1974,       ......do..............   Do.
     and Vermilion Parishes.                   Emerg; April 4,
                                               1983, Reg;
                                               January 19, 2011,
                                               Susp.

[[Page 2598]]

 
    Erath, Town of, Vermilion         220224  June 26, 1974,      ......do..............   Do.
     Parish.                                   Emerg; April 4,
                                               1983, Reg;
                                               January 19, 2011,
                                               Susp.
    Gueydan, Town of,                 220225  July 1, 1974,       ......do..............   Do.
     Vermilion Parish.                         Emerg; December
                                               16, 1977, Reg;
                                               January 19, 2011,
                                               Susp.
    Kaplan, City of, Vermilion        220226  July 1, 1974,       ......do..............   Do.
     Parish.                                   Emerg; March 1,
                                               1982, Reg;
                                               January 19, 2011,
                                               Susp.
    Maurice, Village of,              220227  October 16, 1974,   ......do..............   Do.
     Vermilion Parish..                        Emerg; June 30,
                                               1976, Reg;
                                               January 19, 2011,
                                               Susp.
          Region VIII                         ..................                          ......................
North Dakota:
    Enderlin, City of, Cass           385363  October 9, 1970,    ......do..............   Do.
     and Ransom Counties.                      Emerg; June 18,
                                               1971, Reg;
                                               January 19, 2011,
                                               Susp.
    Lisbon, City of, Ransom           380091  March 10, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               27, 1985, Reg;
                                               January 19, 2011,
                                               Susp.
    Ransom County,                    380089  February 17, 1978,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               27, 1985, Reg;
                                               January 19, 2011,
                                               Susp.
           Region IX                          ..................                          ......................
California:
    Fort Jones, City of,              060365  November 1, 1974,   ......do..............   Do.
     Siskiyou County.                          Emerg; April 15,
                                               1980, Reg;
                                               January 19, 2011,
                                               Susp.
    Siskiyou County,                  060362  February 23, 1973,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 17,
                                               1982, Reg;
                                               January 19, 2011,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 4, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-696 Filed 1-13-11; 8:45 am]
BILLING CODE 9110-12-P