[Federal Register Volume 76, Number 19 (Friday, January 28, 2011)]
[Rules and Regulations]
[Pages 5081-5083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1930]



[[Page 5081]]

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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-8165]


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 5082]]



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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 III
 
Virginia: Petersburg, City of,         510112  November 7, 1973,  Feb. 4, 2011..........  Feb. 4, 2011.
 Independent City.                              Emerg; March 16,
                                                1981, Reg;
                                                February 4,
                                                2011, Susp.
            Region V
 
Illinois:
    Banner, Village of, Fulton         170743  December 30,       ......do*.............   Do.
     County.                                    1975, Emerg;
                                                July 2, 1981,
                                                Reg; February 4,
                                                2011, Susp.
    Fulton County,                     170241  November 13,       ......do*.............   Do.
     Unincorporated Areas.                      1979, Emerg;
                                                January 17,
                                                1986, Reg;
                                                February 4,
                                                2011, Susp.
    Lewistown, City of, Fulton         170782  July 28, 1975,     ......do*.............   Do.
     County.                                    Emerg; October
                                                5, 1984, Reg;
                                                February 4,
                                                2011, Susp.
    Liverpool, Village of,             170762  December 10,       ......do*.............   Do.
     Fulton County.                             1974, Emerg;
                                                June 15, 1981,
                                                Reg; February 4,
                                                2011, Susp.
    Mark, Village of, Putnam           170572  April 23, 1976,    ......do*.............   Do.
     County.                                    Emerg; January
                                                3, 1985, Reg;
                                                February 4,
                                                2011, Susp.
    Putnam County,                     170993  June 5, 1981,      ......do*.............   Do.
     Unincorporated Areas.                      Emerg; November
                                                15, 1984, Reg;
                                                February 4,
                                                2011, Susp.
    Standard, Village of,              171012  January 16, 1984,  ......do*.............   Do.
     Putnam County.                             Emerg; March 1,
                                                1987, Reg;
                                                February 4,
                                                2011, Susp.
Minnesota: Bertha, City of,            270474  April 7, 1975,     ......do*.............   Do.
 Todd County                                    Emerg; July 17,
                                                1986, Reg;
                                                February 4,
                                                2011, Susp.
    Browerville, City of, Todd         270475  April 16, 1974,    ......do*.............   Do.
     County.                                    Emerg; September
                                                30, 1988, Reg;
                                                February 4,
                                                2011, Susp.
    Clarissa, City of, Todd            270476  April 30, 1974,    ......do*.............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg;
                                                February 4,
                                                2011, Susp.
    Eagle Bend, City of, Todd          270477  July 2, 1974,      ......do*.............   Do.
     County.                                    Emerg; June 3,
                                                1986, Reg;
                                                February 4,
                                                2011, Susp.
    Hewitt, City of, Todd              270478  September 16,      ......do*.............   Do.
     County.                                    1975, Emerg;
                                                June 8, 1984,
                                                Reg; February 4,
                                                2011, Susp.
    Long Prairie, City of, Todd        270479  April 16, 1974,    ......do*.............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg;
                                                February 4,
                                                2011, Susp.
    Todd County, Unincorporated        270551  February 1, 1974,  ......do*.............   Do.
     Areas.                                     Emerg; September
                                                1, 1988, Reg;
                                                February 4,
                                                2011, Susp.
           Region VI
Arkansas:
    Harrisburg, City of,               050173  February 27,       ......do*.............   Do.
     Poinsett County.                           1975, Emerg;
                                                November 1,
                                                1985, Reg;
                                                February 4,
                                                2011, Susp.
    Lepanto, City of, Poinsett         050174  July 17, 1974,     ......do*.............   Do.
     County.                                    Emerg; July 4,
                                                1988, Reg;
                                                February 4,
                                                2011, Susp.
    Marked Tree, City of,              050175  May 21, 1975,      ......do*.............   Do.
     Poinsett County.                           Emerg; July 16,
                                                1980, Reg;
                                                February 4,
                                                2011, Susp.
    Poinsett County,                   050172  May 6, 1983,       ......do*.............   Do.
     Unincorporated Areas.                      Emerg; August
                                                19, 1987, Reg;
                                                February 4,
                                                2011, Susp.
    Trumann, City of, Poinsett         050176  September 5,       ......do*.............   Do.
     County.                                    1974, Emerg;
                                                April 15, 1979,
                                                Reg; February 4,
                                                2011, Susp.
    Tyronza, City of, Poinsett         050371  May 12, 1975,      ......do*.............   Do.
     County.                                    Emerg; September
                                                28, 1982, Reg;
                                                February 4,
                                                2011, Susp.
    Waldenburg, Town of,               050497  June 16, 2010,     ......do*.............   Do.
     Poinsett County.                           Emerg; February
                                                4, 2011, Reg;
                                                February 4,
                                                2011, Susp.
    Weiner, City of, Poinsett          050373  October 31, 1975,  ......do*.............   Do.
     County.                                    Emerg; September
                                                28, 1982, Reg;
                                                February 4,
                                                2011, Susp.
Oklahoma:
    Boynton, Town of, Muskogee         400120  June 24, 1976,     ......do*.............   Do.
     County.                                    Emerg; September
                                                28, 1979, Reg;
                                                February 4,
                                                2011, Susp.
    Braggs, Town of, Muskogee          400121  October 30, 1975,  ......do*.............   Do.
     County.                                    Emerg; May 25,
                                                1978, Reg;
                                                February 4,
                                                2011, Susp.
    Fort Gibson, Town of,              400123  July 8, 1977,      ......do*.............   Do.
     Cherokee and Muskogee                      Emerg; July 16,
     Counties.                                  1980, Reg;
                                                February 4,
                                                2011, Susp.
    Haskell, Town of, Muskogee         400124  August 7, 1975,    ......do*.............   Do.
     County.                                    Emerg; December
                                                4, 1979, Reg;
                                                February 4,
                                                2011, Susp.
    Muskogee, City of, Muskogee        400125  April 22, 1975,    ......do*.............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg;
                                                February 4,
                                                2011, Susp.
    Muskogee County,                   400491  September 27,      ......do*.............   Do.
     Unincorporated Areas.                      1985, Emerg;
                                                March 4, 1991,
                                                Reg; February 4,
                                                2011, Susp.
    Oktaha, Town of, Muskogee          400126  October 14, 1975,  ......do*.............   Do.
     County.                                    Emerg; May 25,
                                                1978, Reg;
                                                February 4,
                                                2011, Susp.
    Porum, Town of, Muskogee           400127  May 21, 1976,      ......do*.............   Do.
     County.                                    Emerg; April 15,
                                                1980, Reg;
                                                February 4,
                                                2011, Susp.

[[Page 5083]]

 
    Taft, Town of, Muskogee            400128  June 26, 1976,     ......do*.............   Do.
     County.                                    Emerg; August
                                                25, 1987, Reg;
                                                February 4,
                                                2011, Susp.
    Wainwright, Town of,               400129  March 9, 1976,     ......do*.............   Do.
     Muskogee County.                           Emerg; August 8,
                                                1978, Reg;
                                                February 4,
                                                2011, Susp.
    Warner, Town of, Muskogee          400130  December 29,       ......do*.............   Do.
     County.                                    1976, Emerg; May
                                                25, 1978, Reg;
                                                February 4,
                                                2011, Susp.
    Webbers Falls, Town of,            400131  November 28,       ......do*.............   Do.
     Muskogee County.                           1975, Emerg; May
                                                1, 1980, Reg;
                                                February 4,
                                                2011, Susp.
Texas:
    Bandera County,                    480020  January 21, 1974,  ......do*.............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1978, Reg;
                                                February 4,
                                                2011, Susp.
    Benavides, City of, Duval          480792  July 24, 1975,     ......do*.............   Do.
     County.                                    Emerg; March 4,
                                                1986, Reg;
                                                February 4,
                                                2011, Susp.
    Colorado County, WCID              481489  October 28, 1977,  ......do*.............   Do.
     Number 2.                                  Emerg; June 1,
                                                1988, Reg;
                                                February 4,
                                                2011, Susp.
    Colorado County,                   480144  February 29,       ......do*.............   Do.
     Unincorporated Areas.                      1980, Emerg;
                                                September 19,
                                                1990, Reg;
                                                February 4,
                                                2011, Susp.
    Columbus, City of, Colorado        480145  February 19,       ......do*.............   Do.
     County.                                    1975, Emerg;
                                                June 19, 1985,
                                                Reg; February 4,
                                                2011, Susp.
    Duval County,                      480202  July 24, 1975,     ......do*.............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                1987, Reg;
                                                February 4,
                                                2011, Susp.
    Eagle Lake, City of,               480146  July 30, 1975,     ......do*.............   Do.
     Colorado County.                           Emerg; April 1,
                                                1987, Reg;
                                                February 4,
                                                2011, Susp.
    Lamesa, City of, Dawson            480191  February 25,       ......do*.............   Do.
     County.                                    1972, Emerg;
                                                April 30, 1976,
                                                Reg; February 4,
                                                2011, Susp.
    San Diego, City of, Duval          481199  December 26,       ......do*.............   Do.
     and Jim Wells Counties.                    1975, Emerg;
                                                March 1, 1987,
                                                Reg; February 4,
                                                2011, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 19, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-1930 Filed 1-27-11; 8:45 am]
BILLING CODE 9110-12-P