[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9666-9668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3864]


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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-8169]


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 9667]]

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/                                   Date certain Federal
  State and location     Community    cancellation of sale    Current effective map       assistance no longer
                            No.      of flood insurance in             date                available in SFHAs
                                           community
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      Region III
 
Maryland:
    Crisfield, City          240062  April 28, 1975,        March 3, 2011............  March 3, 2011.
     of, Somerset                     Emerg; June 15,
     County.                          1981, Reg; March 3,
                                      2011, Susp.
    Princess Anne,           240063  January 28, 1974,      ......do.................   Do.
     Town of,                         Emerg; April 20,
     Somerset County.                 1979, Reg; March 3,
                                      2011, Susp.
    Somerset County,         240061  May 8, 1975, Emerg;    ......do.................   Do.
     Unincorporated                   June 15, 1981, Reg;
     Areas.                           March 3, 2011, Susp.
      Region IV
 
South Carolina:
    Abbeville, City          450001  October 9, 1975,       ......do.................   Do.
     of, Abbeville                    Emerg; June 4, 1980,
     County.                          Reg; March 3, 2011,
                                      Susp.
    Edgefield, Town          450074  August 14, 1995,       ......do.................   Do.
     of, Edgefield                    Emerg; February 1,
     County.                          2002, Reg; March 3,
                                      2011, Susp.
    Edgefield County,        450229  July 12, 1991, Emerg;  ......do.................   Do.
     Unincorporated                   April 1, 1993, Reg;
     Areas.                           March 3, 2011, Susp.
    Johnston, Town           450266  February 4, 2002,      ......do.................   Do.
     of, Edgefield                    Emerg; March 3,
     County.                          2011, Reg; March 3,
                                      2011, Susp.
       Region V
 
Illinois:
    Freeport, City           170640  January 28, 1973,      ......do.................   Do.
     of, Stephenson                   Emerg; May 16, 1977,
     County.                          Reg; March 3, 2011,
                                      Susp.
    Orangeville,             170641  October 25, 1996,      ......do.................   Do.
     Village of,                      Emerg; March 3,
     Stephenson                       2011, Reg; March 3,
     County.                          2011, Susp.

[[Page 9668]]

 
    Winslow, Village         170644  June 30, 1975, Emerg;  ......do.................   Do.
     of, Stephenson                   November 17, 1982,
     County.                          Reg; March 3, 2011,
                                      Susp.
Ohio:
    Highland, Village        390268  October 20, 1975,      ......do.................   Do.
     of, Highland                     Emerg; September 29,
     County.                          1978, Reg; March 3,
                                      2011, Susp.
    Hillsboro, City          390269  July 9, 1975, Emerg;   ......do.................   Do.
     of, Highland                     September 4, 1986,
     County.                          Reg; March 3, 2011,
                                      Susp.
    Leesburg, Village        390270  December 6, 1993,      ......do.................   Do.
     of, Highland                     Emerg; March 3,
     County.                          2011, Reg; March 3,
                                      2011, Susp.
    Lynchburg,               390271  April 9, 1976, Emerg;  ......do.................   Do.
     Village of,                      September 6, 1989,
     Highland County.                 Reg; March 3, 2011,
                                      Susp.
      Region VI
 
Arkansas:
    Donaldson, City          050596  December 11, 1990,     ......do.................   Do.
     of, Hot Spring                   Emerg; November 1,
     County.                          1992, Reg; March 3,
                                      2011, Susp.
    Hot Spring               050437  June 6, 1990, Emerg;   ......do.................   Do.
     County,                          November 1, 1992,
     Unincorporated                   Reg; March 3, 2011,
     Areas.                           Susp.
    Malvern, City of,        050088  May 1, 1974, Emerg;    ......do.................   Do.
     Hot Spring                       March 2, 1983, Reg;
     County.                          March 3, 2011, Susp.
Louisiana:
    Anacoco, Village         220046  N/A, Emerg; September  ......do.................   Do.
     of, Vernon                       2, 2009, Reg; March
     Parish.                          3, 2011, Susp.
    Hornbeck, Village        220332  May 8, 2001, Emerg;    ......do.................   Do.
     of, Vernon                       June 1, 2005, Reg;
     Parish.                          March 3, 2011, Susp.
    Leesville, City          220229  October 17, 1974,      ......do.................   Do.
     of, Vernon                       Emerg; January 17,
     Parish.                          1986, Reg; March 3,
                                      2011, Susp.
    New Llano,               220340  May 12, 1983, Emerg;   ......do.................   Do.
     Village of,                      July 18, 1985, Reg;
     Vernon Parish.                   March 3, 2011, Susp.
    Rosepine, Village        220346  March 5, 1976, Emerg;  ......do.................   Do.
     of, Vernon                       October 19, 1982,
     Parish.                          Reg; March 3, 2011,
                                      Susp.
    Vernon Parish,           220228  July 20, 1984, Emerg;  ......do.................   Do.
     Unincorporated                   March 1, 1987, Reg;
     Areas.                           March 3, 2011, Susp.
Texas:
    Kerr County,             480419  January 21, 1975,      ......do.................   Do.
     Unincorporated                   Emerg; May 1, 1979,
     Areas.                           Reg; March 3, 2011,
                                      Susp.
    Kerrville, City          480420  February 5, 1975,      ......do.................   Do.
     of, Kerr County.                 Emerg; September 29,
                                      1978, Reg; March 3,
                                      2011, Susp.
      Region VII
 
Missouri:
    California, City         290238  December 16, 1975,     ......do.................   Do.
     of, Moniteau                     Emerg; August 24,
     County.                          1984, Reg; March 3,
                                      2011, Susp.
    Lupus, City of,          290239  March 13, 1985,        ......do.................   Do.
     Moniteau County.                 Emerg; January 3,
                                      1986, Reg; March 3,
                                      2011, Susp.
Nebraska:
    Scribner, City           310071  May 30, 1975, Emerg;   ......do.................   Do.
     of, Dodge                        November 1, 1979,
     County.                          Reg; March 3, 2011,
                                      Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: February 11, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-3864 Filed 2-18-11; 8:45 am]
BILLING CODE 9110-12-P