76 FR 81 pgs. 23498-23502 - Suspension of Community Eligibility
Type: RULEVolume: 76Number: 81Pages: 23498 - 23502
Docket number: [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8177]
FR document: [FR Doc. 2011-10174 Filed 4-26-11; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8177]
Suspension of Community Eligibility
AGENCY:
Federal Emergency Management Agency, DHS.
ACTION:
Final rule.
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]
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.
§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows:
| State and location | Community No. | Effective date authorization/cancellation of sale of flood insurance in community | Current effective map date | Date certain Federal assistance no longer available in SFHAs |
|---|---|---|---|---|
| Region III | ||||
| West Virginia: | ||||
| Barbour County, Unincorporated Areas | 540001 | November 21, 1975, Emerg; July 1, 1987, Reg; May 3, 2011, Susp | May 3, 2011 | May 3, 2011. |
| Belington, Town of, Barbour County | 540002 | November 11, 1974, Emerg; August 1, 1979, Reg; May 3, 2011, Susp | *......do | Do. |
| Junior, Town of, Barbour County | 540003 | April 3, 1975, Emerg; April 17, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Philippi, City of, Barbour County | 540004 | June 26, 1974, Emerg; September 4, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Region IV | ||||
| Kentucky: Glasgow, City of, Barren County | 210007 | November 29, 1974, Emerg; May 1, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Mississippi: | ||||
| Clay County, Unincorporated Areas | 280036 | January 19, 1978, Emerg; July 16, 1990, Reg; May 3, 2011, Susp | ......do | Do. |
| West Point, City of, Clay County | 280037 | February 1, 1974, Emerg; January 5, 1978, Reg; May 3, 2011, Susp | ......do | Do. |
| South Carolina: | ||||
| Fairfield County, Unincorporated Areas | 450075 | December 21, 1978, Emerg; July 19, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| Greenwood, City of, Greenwood County | 450093 | July 22, 1975, Emerg; February 4, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Greenwood County, Unincorporated Areas | 450094 | April 21, 1978, Emerg; March 18, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Ninety Six, Town of, Greenwood County | 450244 | September 17, 1986, Emerg; September 17, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Region V | ||||
| Indiana: | ||||
| Alexandria, City of, Madison County | 180149 | December 13, 1974, Emerg; July 2, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Anderson, City of, Madison County | 180150 | November 7, 1974, Emerg; December 4, 1979, Reg; May 3, 2011, Susp | ......do | Do. |
| Chesterfield, Town of, Madison County | 180151 | February 14, 1975, Emerg; May 1, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Elwood, City of, Madison and Tipton Counties | 180152 | March 19, 1975, Emerg; May 19, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Frankton, Town of, Madison County | 180154 | June 5, 1975, Emerg; May 5, 1981, Reg; May 3, 2011, Susp | ......d | Do. |
| Ingalls, Town of, Madison County | 180155 | March 24, 1975, Emerg; July 15, 1988, Reg; May 3, 2011, Susp | ......do | Do. |
| Madison County, Unincorporated Areas | 180442 | October 23, 1990, Emerg; February 1, 1994, Reg; May 3, 2011, Susp | ......do | Do. |
| Pendleton, Town of, Madison County | 180156 | December 26, 1974, Emerg; May 3, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| Summitville, Town of, Madison County | 180157 | May 5, 1975, Emerg; July 21, 1978, Reg; May 3, 2011, Susp | ......do | Do. |
| Michigan: | ||||
| DeWitt, Charter Township of, Clinton County | 260631 | August 25, 1975, Emerg; June 18, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| DeWitt, City of, Clinton County | 260060 | July 11, 1975, Emerg; December 18, 1979, Reg; May 3, 2011, Susp | ......do | Do. |
| East Lansing, City of, Clinton and Ingham Counties | 260089 | March 24, 1975, Emerg; August 1, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Elsie, Village of, Clinton County | 260725 | May 28, 1982, Emerg; July 16, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Hubbardston, Village of, Clinton and Ionia Counties | 260418 | February 7, 1990, Emerg; June 1, 1995, Reg; May 3, 2011, Susp | ......do | Do. |
| Maple Rapids, Village of, Clinton County | 260384 | November 8, 1976, Emerg; September 1, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Ovid, Village of, Clinton County | 260318 | May 1, 1975, Emerg; August 2, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| St. Johns, City of, Clinton County | 260726 | May 28, 1982, Emerg; March 16, 1988, Reg; May 3, 2011, Susp | ......do | Do. |
| Victor, Township of, Clinton County | 260720 | May 11, 1981, Emerg; February 2, 1989, Reg; May 3, 2011, Susp | ......do | Do. |
| Watertown, Charter Township of, Clinton County | 260291 | April 16, 1974, Emerg; May 17, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| Ohio: | ||||
| Bettsville, Village of, Seneca County | 390500 | December 21, 1978, Emerg; September 30, 1988, Reg; May 3, 2011, Susp | ......do | Do. |
| Seneca County, Unincorporated Areas | 390779 | April 3, 1979, Emerg; May 17, 1990, Reg; May 3, 2011, Susp | ......do | Do. |
| Tiffin, City of, Seneca County | 390502 | May 12, 1975, Emerg; July 3, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Region VI | ||||
| Arkansas: | ||||
| Crittenden County, Unincorporated Areas | 050429 | May 18, 1983, Emerg; November 1, 1985, Reg; May 3, 2011, Susp | ......do | Do. |
| Earle, City of, Crittenden County | 050054 | June 20, 1974, Emerg; January 3, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Edmondson, Town of, Crittenden County | 050409 | November 8, 1976, Emerg; March 18, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Horseshoe Lake, Town of, Crittenden County | 055057 | N/A, Emerg; January 18, 2006, Reg; May 3, 2011, Susp | ......do | Do. |
| Marion, City of, Crittenden County | 050345 | July 9, 1975, Emerg; September 1, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Turrell, City of, Crittenden County | 050370 | July 9, 1976, Emerg; February 1, 1988, Reg; May 3, 2011, Susp | ......do | Do. |
| West Memphis, City of, Crittenden County | 050055 | June 6, 1974, Emerg; July 16, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Region VII | ||||
| Iowa: | ||||
| Beaver, City of, Boone County | 190322 | January 3, 2008, Emerg; May 3, 2011, Reg; May 3, 2011, Susp | ......do | Do. |
| Boone, City of, Boone County | 190555 | N/A, Emerg; October 7, 1993, Reg; May 3, 2011, Susp. | ......do | Do. |
| Boone County, Unincorporated Areas | 190846 | November 9, 1993, Emerg; September 1, 1996, Reg; May 3, 2011, Susp | ......do | Do. |
| Fort Madison, City of, Lee County | 190184 | April 11, 1974, Emerg; May 3, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| Keokuk, City of, Lee County | 190185 | March 27, 1974, Emerg; March 1, 1978, Reg; May 3, 2011, Susp | ......do | Do. |
| Lee County, Unincorporated Areas | 190182 | September 11, 1978, Emerg; June 15, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Madrid, City of, Boone County | 190325 | October 21, 1976, Emerg; June 10, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Montrose, City of, Lee County | 190186 | August 8, 1975, Emerg; February 18, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Pilot Mound, City of, Boone County | 190326 | August 28, 1990, Emerg; July 1, 1991, Reg; May 3, 2011, Susp | ......do | Do. |
| Kansas: | ||||
| Lane, City of, Franklin County | 200103 | December 20, 2007, Emerg; September 1, 2008, Reg; May 3, 2011, Susp | ......do | Do. |
| Rantoul, City of, Franklin County | 200107 | August 7, 1975, Emerg; September 1, 1990, Reg; May 3, 2011, Susp | ......do | Do. |
| Missouri: | ||||
| Blackwater, City of, Cooper County | 290109 | March 22, 1976, Emerg; December 7, 1984, Reg; May 3, 2011, Susp | ......do | Do. |
| Boonville, City of, Cooper County | 290110 | October 9, 1974, Emerg; October 16, 1984, Reg; May 3, 2011, Susp | ......do | Do. |
| Cooper County, Unincorporated Areas | 290794 | April 26, 1984, Emerg; September 1, 1989, Reg; May 3, 2011, Susp | ......do | Do. |
| Pilot Grove, City of, Cooper County | 290678 | N/A, Emerg; November 24, 2008, Reg; May 3, 2011, Susp | ......do | Do. |
| Nebraska: | ||||
| Cozad, City of, Dawson County | 310059 | March 7, 1975, Emerg; June 30, 1976, Reg; May 3, 2011, Susp | ......do | Do. |
| Dawson County, Unincorporated Areas | 310058 | March 8, 1984, Emerg; July 1, 1988, Reg; May 3, 2011, Susp | ......do | Do. |
| Lexington, City of, Dawson County | 310063 | March 23, 1977, Emerg; May 15, 1984, Reg; May 3, 2011, Susp | ......do | Do. |
| Overton, Village of, Dawson County | 310064 | July 1, 1975, Emerg; September 27, 1985, Reg; May 3, 2011, Susp | ......do | Do. |
| Sumner, Village of, Dawson County | 310065 | June 27, 1975, Emerg; September 27, 1985, Reg; May 3, 2011, Susp | ......do | Do. |
| Region VIII | ||||
| North Dakota: | ||||
| Cavalier, Township of, Pembina County | 380274 | July 20, 1981, Emerg; July 20, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Crystal, City of, Pembina County | 380082 | July 15, 1975, Emerg; January 16, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Drayton, City of, Pembina County | 380150 | April 23, 1974, Emerg; August 1, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Drayton, Township of, Pembina County | 380276 | October 6, 1982, Emerg; May 1, 1986, Reg; May 3, 2011, Susp | ......do | Do. |
| Hamilton, City of, Pembina County | 380084 | January 21, 1976, Emerg; February 17, 1988, Reg; May 3, 2011, Susp | ......do | Do. |
| Neche, City of, Pembina County | 380085 | October 18, 1974, Emerg; July 16, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Pembina County, Unincorporated Areas | 380079 | May 1, 1974, Emerg; November 19, 1987, Reg; May 3, 2011, Susp | ......do | Do. |
| Walhalla, City of, Pembina County | 380254 | May 3, 1976, Emerg; April 15, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Region X | ||||
| Oregon: | ||||
| Ashland, City of, Jackson County | 410090 | August 9, 1974, Emerg; June 1, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Central Point, City of, Jackson County | 410092 | September 18, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Eagle Point, City of, Jackson County | 410093 | June 5, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Gold Hill, City of, Jackson County | 410094 | August 5, 1974, Emerg; September 17, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Jackson County, Unincorporated Areas | 415589 | December 31, 1970, Emerg; April 1, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| Jacksonville, City of, Jackson County | 410095 | April 4, 1975, Emerg; December 4, 1979, Reg; May 3, 2011, Susp | ......do | Do. |
| Medford, City of, Jackson County | 410096 | June 7, 1974, Emerg; April 15, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Phoenix, City of, Jackson County | 410097 | June 11, 1975, Emerg; May 3, 1982, Reg; May 3, 2011, Susp | ......do | Do. |
| Rogue River, City of, Jackson County | 410098 | May 17, 1974, Emerg; January 2, 1981, Reg; May 3, 2011, Susp | ......do | Do. |
| Shady Cove, City of, Jackson County | 410099 | August 23, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| Talent, City of, Jackson County | 410100 | April 7, 1975, Emerg; February 1, 1980, Reg; May 3, 2011, Susp | ......do | Do. |
| *do = Ditto. | ||||
| Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp. -Suspension. | ||||
Dated: April 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and
Mitigation Administrator, Mitigation.
[FR Doc. 2011-10174 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-12-P