[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54708-54711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22466]
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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-8193]
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
[[Page 54709]]
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 Date certain Federal
State and location No. sale of flood map date assist- ance no longer
insurance in available in SFHAs
community
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Region IV
Alabama: Marion, City of, 010313 December 12, 1974, Sept. 2, 2011......... Sept. 2, 2011
Perry County. Emerg; June 17,
1986, Reg;
September 2,
2011, Susp.
Mississippi:
Braxton, Village of, 280156 September 19, ......do*............. Do.
Simpson County. 2007, Emerg; N/A,
Reg; September 2,
2011, Susp.
Clarke County, 280220 April 26, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; August 16,
1988, Reg;
September 2,
2011, Susp.
D'Lo, Town of, Simpson 280157 June 2, 1975, ......do.............. Do.
County. Emerg; December
16, 1980, Reg;
September 2,
2011, Susp.
Enterprise, Town of, 280314 April 26, 1979, ......do.............. Do.
Clarke County. Emerg; January 1,
1987, Reg;
September 2,
2011, Susp.
Magee, City of, Simpson 280158 December 20, 1974, ......do.............. Do.
County. Emerg; August 15,
1980, Reg;
September 2,
2011, Susp.
Mendenhall, City of, 280159 October 19, 1973, ......do.............. Do.
Simpson County. Emerg; September
30, 1980, Reg;
September 2,
2011, Susp.
Pachuta, Town of, Clarke 280219 March 6, 1979, ......do.............. Do.
County. Emerg; November
18, 2010, Reg;
September 2,
2011, Susp.
Quitman, City of, Clarke 280319 April 26, 1979, ......do.............. Do.
County. Emerg; January 1,
1986, Reg;
September 2,
2011, Susp.
Shubuta, Town of, Clarke 280034 January 17, 1979, ......do.............. Do.
County. Emerg; September
1, 1991, Reg;
September 2,
2011, Susp.
Simpson County, 280281 June 15, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1980, Reg;
September 2,
2011, Susp.
Stonewall, Town of, Clarke 280035 March 31, 1975, ......do.............. Do.
County. Emerg; August 16,
1988, Reg;
September 2,
2011, Susp.
Region V
Indiana:
Brazil, City of, Clay 180511 September 30, ......do.............. Do.
County. 1993, Emerg; May
12, 1995, Reg;
September 2,
2011, Susp.
[[Page 54710]]
Clay County, 180408 June 6, 2003, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
2010, Reg;
September 2,
2011, Susp.
Ohio:
North Baltimore, Village 390587 July 3, 1975, ......do.............. Do.
of, Wood County. Emerg; September
2, 1982, Reg;
September 2,
2011, Susp.
Pemberville, Village of, 390624 August 5, 1975, ......do.............. Do.
Wood County. Emerg; August 2,
1982, Reg;
September 2,
2011, Susp.
Portage, Village of, Wood 390754 May 6, 1976, ......do.............. Do.
County. Emerg; April 15,
1982, Reg;
September 2,
2011, Susp.
Rossford, City of, Wood 390589 August 27, 1975, ......do.............. Do.
County. Emerg; May 2,
1983, Reg;
September 2,
2011, Susp.
Wisconsin: Bagley, Village 550145 July 25, 1975, ......do.............. Do.
of, Grant County. Emerg; June 17,
1986, Reg;
September 2,
2011, Susp.
Bloomington, Village of, 550146 August 1, 1975, ......do.............. Do.
Grant County. Emerg; August 19,
1986, Reg;
September 2,
2011, Susp.
Blue River, Village of, 550147 N/A, Emerg; July ......do.............. Do.
Grant County. 2, 2009, Reg;
September 2,
2011, Susp.
Boscobel, City of, Grant 550148 November 27, 1981, ......do.............. Do.
County. Emerg; November
27, 1981, Reg;
September 2,
2011, Susp.
Cassville, Village of, 555548 April 23, 1971, ......do.............. Do.
Grant County. Emerg; February
19, 1972, Reg;
September 2,
2011, Susp.
Grant County, 555557 March 26, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; May 25,
1973, Reg;
September 2,
2011, Susp.
Lancaster, City of, Grant 550150 March 24, 1975, ......do.............. Do.
County. Emerg; August 5,
1986, Reg;
September 2,
2011, Susp.
Muscoda, Village of, Grant 550153 October 25, 1974, ......do.............. Do.
County. Emerg; September
8, 1999, Reg;
September 2,
2011, Susp.
Platteville, City of, 550154 June 24, 1975, ......do.............. Do.
Grant County. Emerg; September
29, 1996, Reg;
September 2,
2011, Susp.
Potosi, Village of, Grant 550155 August 23, 2001, ......do.............. Do.
County. Emerg; N/A, Reg;
September 2,
2011, Susp.
Region VI
Louisiana: Winnsboro, Town of, 220074 May 2, 1973, ......do.............. Do.
Franklin Parish. Emerg; September
1, 1978, Reg;
September 2,
2011, Susp.
Region VII
Kansas:
Edwardsville, City of, 200362 May 13, 1975, ......do.............. Do.
Wyandotte County. Emerg; September
29, 1978, Reg;
September 2,
2011, Susp.
Kansas City, City of, 200363 December 10, 1974, ......do.............. Do.
Wyandotte County. Emerg; August 3,
1981, Reg;
September 2,
2011, Susp.
Region VIII
Colorado:
Del Norte, Town of, Rio 080154 August 9, 1974, ......do.............. Do.
Grande County. Emerg; September
30, 1982, Reg;
September 2,
2011, Susp.
Monte Vista, City of, Rio 080155 May 27, 1975, ......do.............. Do.
Grande County. Emerg; September
30, 1982, Reg;
September 2,
2011, Susp.
Rio Grande County, 080153 June 25, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 19,
1987, Reg;
September 2,
2011, Susp.
South Fork, Town of, Rio 080318 N/A, Emerg; June ......do.............. Do.
Grande County. 5, 1995, Reg;
September 2,
2011, Susp.
Montana:
Belgrade, City of, 300105 July 9, 1997, ......do.............. Do.
Gallatin County. Emerg; N/A, Reg;
September 2,
2011, Susp.
Bozeman, City of, Gallatin 300028 May 12, 1975, ......do.............. Do.
County. Emerg; March 15,
1982, Reg;
September 2,
2011, Susp.
Gallatin County, 300027 November 20, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1984, Reg;
September 2,
2011, Susp.
Three Forks, City of, 300029 August 1, 1975, ......do.............. Do.
Gallatin County. Emerg; November
19, 1980, Reg;
September 2,
2011, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 54711]]
Dated: August 15, 2011.
Edward L. Connor,
Deputy Administrator, Insurance, Federal Insurance and Mitigation
Administration.
[FR Doc. 2011-22466 Filed 9-1-11; 8:45 am]
BILLING CODE 9110-12-P