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Home » 2011 Issues » 76 FR (03/08/2011) » 2011-5132. Suspension of Community Eligibility

  2011-5132. Suspension of Community Eligibility  

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    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.

    Start Further Info

    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.

    End Further Info End Preamble Start Supplemental Information

    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 Start Printed Page 12597Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

    Start List of Subjects

    List of Subjects in 44 CFR Part 64

    • Flood insurance
    • Floodplains
    End List of Subjects

    Accordingly, 44 CFR part 64 is amended as follows:

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    PART 64—[AMENDED]

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    1. The authority citation for part 64 continues to read as follows:

    End Amendment Part Start Authority

    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.

    End Authority
    [Amended]
    Start Amendment Part

    2. The tables published under the authority of § 64.6 are amended as follows:

    End Amendment Part
    State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
    Region III
    Pennsylvania:
    Allegheny, Township of, Westmoreland County420869July 27, 1973, Emerg; September 29, 1978, Reg; March 17, 2011, SuspMarch 17, 2011March 17, 2011.
    Arnold, City of, Westmoreland County420870May 31, 1974, Emerg; September 30, 1980, Reg; March 17, 2011, Susp*-do--do.-
    Arona, Borough of, Westmoreland County420871April 9, 1976, Emerg; December 1, 1986, Reg; March 17, 2011, Susp-do--do.-
    Avonmore, Borough of, Westmoreland County420872July 29, 1975, Emerg; January 20, 1982, Reg; March 17, 2011, Susp-do--do.-
    Bell, Township of, Westmoreland County422185May 28, 1982, Emerg; January 1, 1987, Reg; March 17, 2011, Susp-do--do.-
    Bolivar, Borough of, Westmoreland County420873August 13, 1976, Emerg; August 10, 1979, Reg; March 17, 2011, Susp-do--do.-
    Cook, Township of, Westmoreland County422186May 28, 1982, Emerg; April 17, 1985, Reg; March 17, 2011, Susp-do--do.-
    Delmont, Borough of, Westmoreland County422177February 17, 1976, Emerg; September 29, 1978, Reg; March 17, 2011, Susp-do--do.-
    Derry, Borough of, Westmoreland County420874May 14, 1974, Emerg; June 1, 1978, Reg; March 17, 2011, Susp-do--do.-
    Derry, Township of, Westmoreland County421205May 14, 1974, Emerg; June 1, 1978, Reg; March 17, 2011, Susp-do--do.-
    Donegal, Township of, Westmoreland County422187January 2, 1981, Emerg; October 16, 1990, Reg; March 17, 2011, Susp-do--do.-
    East Huntingdon, Township of, Westmoreland County422188March 3, 1977, Emerg; August 2, 1990, Reg; March 17, 2011, Susp-do--do.-
    East Vandergrift, Borough of, Westmoreland County420875September 10, 1975, Emerg; May 29, 1979, Reg; March 17, 2011, Susp-do--do.-
    Export, Borough of, Westmoreland County420876April 17, 1975, Emerg; December 15, 1981, Reg; March 17, 2011, Susp-do--do.-
    Fairfield, Township of, Westmoreland County422189July 5, 1984, Emerg; April 17, 1985, Reg; March 17, 2011, Susp-do--do.-
    Greensburg, City of, Westmoreland County420877May 24, 1973, Emerg; October 17, 1978, Reg; March 17, 2011, Susp-do--do.-
    Hempfield, Township of, Westmoreland County420878April 16, 1973, Emerg; September 29, 1978, Reg; March 17, 2011, Susp-do--do.-
    Hunker, Borough of, Westmoreland County420880November 14, 1975, Emerg; November 19, 1986, Reg; March 17, 2011, Susp-do--do.-
    Hyde Park, Borough of, Westmoreland County422179December 4, 1975, Emerg; June 1, 1986, Reg; March 17, 2011, Susp-do--do.-
    Irwin, Borough of, Westmoreland County420881June 18, 1974, Emerg; February 4, 1981, Reg; March 17, 2011, Susp-do--do.-
    Jeannette, City of, Westmoreland County420882October 1, 1971, Emerg; April 17, 1978, Reg; March 17, 2011, Susp-do--do.-
    Latrobe, Borough of, Westmoreland County420883December 10, 1974, Emerg; January 16, 1980, Reg; March 17, 2011, Susp-do--do.-
    Ligonier, Borough of, Westmoreland County422180April 30, 1975, Emerg; October 15, 1980, Reg; March 17, 2011, Susp-do--do.-
    Ligonier, Township of, Westmoreland County420884September 6, 1974, Emerg; September 1, 1978, Reg; March 17, 2011, Susp-do--do.-
    Lower Burrell, City of, Westmoreland County420885September 9, 1974, Emerg; February 17, 1982, Reg; March 17, 2011, Susp-do--do.-
    Loyalhanna, Township of, Westmoreland County422190December 2, 1975, Emerg; January 20, 1982, Reg; March 17, 2011, Susp-do--do.-
    Manor, Borough of, Westmoreland County420886August 29, 1973, Emerg; September 1, 1977, Reg; March 17, 2011, Susp-do--do.-
    Monessen, City of, Westmoreland County420887December 5, 1974, Emerg; July 16, 1981, Reg; March 17, 2011, Susp-do--do.-
    Mount Pleasant, Borough of, Westmoreland County422181July 7, 1975, Emerg; February 1, 1987, Reg; March 17, 2011, Susp-do--do.-
    Mount Pleasant, Township of, Westmoreland County420888September 26, 1973, Emerg; July 18, 1977, Reg; March 17, 2011, Susp-do--do.-
    Start Printed Page 12598
    Murrysville, City of, Westmoreland County421207May 23, 1974, Emerg; February 17, 1982, Reg; March 17, 2011, Susp-do--do.-
    New Florence, Borough of, Westmoreland County420890February 25, 1977, Emerg; June 3, 1988, Reg; March 17, 2011, Susp-do--do.-
    New Kensington, City of, Westmoreland County420891June 14, 1973, Emerg; September 29, 1978, Reg; March 17, 2011, Susp-do--do.-
    New Stanton, Borough of, Westmoreland County420892September 30, 1975, Emerg; December 15, 1981, Reg; March 17, 2011, Susp-do--do.-
    North Belle Vernon, Borough of, Westmoreland County422182March 7, 1978, Emerg; September 30, 1980, Reg; March 17, 2011, Susp-do--do.-
    North Huntingdon, Township of, Westmoreland County420893February 9, 1973, Emerg; September 29, 1978, Reg; March 17, 2011, Susp-do--do.-
    North Irwin, Borough of, Westmoreland County422641February 9, 1976, Emerg; November 17, 1978, Reg; March 17, 2011, Susp-do--do.-
    Penn, Borough of, Westmoreland County420895March 19, 1975, Emerg; February 4, 1981, Reg; March 17, 2011, Susp-do--do.-
    Penn, Township of, Westmoreland County422183February 7, 1975, Emerg; October 15, 1981, Reg; March 17, 2011, Susp-do--do.-
    Rostraver, Township of, Westmoreland County422184August 26, 1974, Emerg; September 2, 1982, Reg; March 17, 2011, Susp-do--do.-
    Salem, Township of, Westmoreland County422192February 29, 1980, Emerg; April 17, 1985, Reg; March 17, 2011, Susp-do--do.-
    Scottdale, Borough of, Westmoreland County420896January 26, 1973, Emerg; November 18, 1981, Reg; March 17, 2011, Susp-do--do.-
    Seward, Borough of, Westmoreland County422738N/A, Emerg; June 9, 1998, Reg; March 17, 2011, Susp-do--do.-
    Sewickley, Township of, Westmoreland County422193April 19, 1973, Emerg; June 1, 1978, Reg; March 17, 2011, Susp-do--do.-
    Smithton, Borough of, Westmoreland County420899May 4, 1976, Emerg; August 15, 1990, Reg; March 17, 2011, Susp-do--do.-
    South Greensburg, Borough of, Westmoreland County420900February 10, 1976, Emerg; July 3, 1986, Reg; March 17, 2011, Susp-do--do.-
    South Huntingdon, Township of, Westmoreland County422194February 18, 1977, Emerg; August 15, 1990, Reg; March 17, 2011, Susp-do--do.-
    Southwest Greensburg, Borough of, Westmoreland County420901August 29, 1975, Emerg; June 30, 1976, Reg; March 17, 2011, Susp-do--do.-
    St. Clair, Township of, Westmoreland County422191August 22, 1977, Emerg; September 18, 1987, Reg; March 17, 2011, Susp-do--do.-
    Sutersville, Borough of, Westmoreland County420902February 5, 1974, Emerg; August 1, 1977, Reg; March 17, 2011, Susp-do--do.-
    Trafford, Borough of, Westmoreland County420903May 30, 1975, Emerg; September 28, 1979, Reg; March 17, 2011, Susp-do--do.-
    Unity, Township of, Westmoreland County420964December 26, 1973, Emerg; July 17, 1978, Reg; March 17, 2011, Susp-do--do.-
    Upper Burrell, Township of, Westmoreland County422195August 20, 1975, Emerg; December 15, 1981, Reg; March 17, 2011, Susp-do--do.-
    Vandergrift, Borough of, Westmoreland County420904October 9, 1974, Emerg; September 30, 1980, Reg; March 17, 2011, Susp-do--do.-
    Washington, Township of, Westmoreland County422196January 3, 1977, Emerg; April 16, 1982, Reg; March 17, 2011, Susp-do--do.-
    West Leechburg, Borough of, Westmoreland County420905March 22, 1976, Emerg; September 28, 1979, Reg; March 17, 2011, Susp-do--do.-
    West Newton, Borough of, Westmoreland County420906January 12, 1973, Emerg; July 18, 1977, Reg; March 17, 2011, Susp-do--do.-
    Youngwood, Borough of, Westmoreland County420908March 24, 1975, Emerg; December 15, 1981, Reg; March 17, 2011, Susp-do--do.-
    Region IV
    Kentucky:
    Franklin, City of, Simpson County210210November 7, 1974, Emerg; September 27, 1985, Reg; March 17, 2011, Susp-do--do.-
    Simpson County, Unincorporated Areas210316July 31, 1975, Emerg; May 1, 1987, Reg; March 17, 2011, Susp-do--do.-
    Region V
    Indiana:
    Evansville, City of, Vanderburgh County180257June 25, 1971, Emerg; October 15, 1981, Reg; March 17, 2011, Susp-do--do.-
    Vanderburgh County, Unincorporated Areas180256June 25, 1971, Emerg; February 1, 1980, Reg; March 17, 2011, Susp-do--do.-
    Start Printed Page 12599
    Ohio:
    Beavercreek, City of, Greene County390876August 27, 1980, Emerg; August 2, 1982, Reg; March 17, 2011, Susp-do--do.-
    Bellbrook, City of, Greene County390194July 28, 1972, Emerg; June 1, 1977, Reg; March 17, 2011, Susp-do--do.-
    Centerville, City of, Greene and Montgomery Counties390408May 19, 1975, Emerg; November 18, 1981, Reg; March 17, 2011, Susp-do--do.-
    Fairborn, City of, Greene County390195June 19, 1975, Emerg; November 19, 1980, Reg; March 17, 2011, Susp-do--do.-
    Greene County, Unincorporated Areas390193July 3, 1974, Emerg; April 1, 1981, Reg; March 17, 2011, Susp-do--do.-
    Huber Heights, City of, Greene, Miami, and Montgomery Counties390884December 11, 1984, Emerg; December 11, 1984, Reg; March 17, 2011, Susp-do--do.-
    Jamestown, Village of, Greene County390881April 22, 1983, Emerg; February 1, 1984, Reg; March 17, 2011, Susp-do--do.-
    Kettering, City of, Greene and Montgomery Counties390412December 12, 1973, Emerg; October 15, 1980, Reg; March 17, 2011, Susp-do--do.-
    Spring Valley, Village of, Greene County390196April 9, 1975, Emerg; August 1, 1980, Reg; March 17, 2011, Susp-do--do.-
    Xenia, City of, Greene County390197May 12, 1975, Emerg; January 2, 1981, Reg; March 17, 2011, Susp-do--do.-
    Yellow Springs, Village of, Greene County390640July 31, 1975, Emerg; September 4, 1985, Reg; March 17, 2011, Susp-do--do.-
    Region VI
    Arkansas:
    Beaver, Town of, Carroll County050595September 7, 1989, Emerg; March 17, 2011, Reg; March 17, 2011, Susp-do--do.-
    Eureka Springs, City of, Carroll County050322April 2, 1975, Emerg; July 16, 1980, Reg; March 17, 2011, Susp-do--do.-
    Louisiana:
    Allen Parish, Unincorporated Areas220009September 4, 1978, Emerg; January 3, 1990, Reg; March 17, 2011, Susp-do--do.-
    Elizabeth, Town of, Allen Parish220324March 19, 1985, Emerg; February 1, 1987, Reg; March 17, 2011, Susp-do--do.-
    Kinder, Town of, Allen Parish220010September 8, 1975, Emerg; November 1, 1985, Reg; March 17, 2011, Susp-do--do.-
    Oakdale, City of, Allen Parish220011May 1, 1975, Emerg; August 5, 1985, Reg; March 17, 2011, Susp-do--do.-
    Oberlin, Town of, Allen Parish220012September 28, 1979, Emerg; October 12, 1982, Reg; March 17, 2011, Susp-do--do.-
    Reeves, Village of, Allen Parish220307June 24, 2008, Emerg; March 17, 2011, Reg; March 17, 2011, Susp-do--do.-
    Texas:
    Como, Town of, Hopkins County480870October 4, 2002, Emerg; March 17, 2011, Reg; March 17, 2011, Susp-do--do.-
    Hopkins County, Unincorporated Areas480869March 6, 2001, Emerg; August 1, 2008, Reg; March 17, 2011, Susp-do--do.-
    Sulphur Springs, City of, Hopkins County480358November 26, 1974, Emerg; December 15, 1989, Reg; March 17, 2011, Susp-do--do.-
    Tira, City of, Hopkins County480531November 24, 2009, Emerg; March 17, 2011, Reg; March 17, 2011, Susp-do--do.-
    Region VII
    Kansas:
    Hillsboro, City of, Marion County200505January 17, 1977, Emerg; July 20, 1984, Reg; March 17, 2011, Susp-do--do.-
    Marion County, Unincorporated Areas200593December 29, 1992, Emerg; March 1, 2005, Reg; March 17, 2011, Susp-do--do.-
    Peabody, City of, Marion County200208September 18, 1974, Emerg; November 19, 1986, Reg; March 17, 2011, Susp-do--do.-
    Missouri:
    Ashland, City of, Boone County290752October 7, 1976, Emerg; August 24, 1984, Reg; March 17, 2011, Susp-do--do.-
    Barton County, Unincorporated Areas290785September 10, 1984, Emerg; July 1, 1987, Reg; March 17, 2011, Susp-do--do.-
    Boone County, Unincorporated Areas290034June 4, 1979, Emerg; June 15, 1983, Reg; March 17, 2011, Susp-do--do.-
    Centralia, City of, Boone County290035January 31, 1975, Emerg; April 15, 1977, Reg; March 17, 2011, Susp-do--do.-
    Columbia, City of, Boone County290036August 27, 1971, Emerg; August 27, 1971, Reg; March 17, 2011, Susp-do--do.-
    Start Printed Page 12600
    Hallsville, City of, Boone County290712April 6, 2005, Emerg; January 1, 2006, Reg; March 17, 2011, Susp-do--do.-
    Hartsburg, Village of, Boone County290037December 15, 1975, Emerg; August 16, 1982, Reg; March 17, 2011, Susp-do--do.-
    Lamar, City of, Barton County290025October 14, 1975, Emerg; February 15, 1985, Reg; March 17, 2011, Susp-do--do.-
    Rocheport, City of, Boone and Howard Counties290038October 2, 1975, Emerg; August 2, 1982, Reg; March 17, 2011, Susp-do--do.-
    Sturgeon, City of, Boone County290039March 17, 1986, Emerg; May 1, 1987, Reg; March 17, 2011, Susp-do--do.-
    Region VIII
    Colorado:
    Elbert County, Unincorporated Areas080055N/A, Emerg; August 13, 2007, Reg; March 17, 2011, Susp-do--do.-
    Kiowa, Town of, Elbert County080057April 26, 1999, Emerg; March 17, 2011, Reg; March 17, 2011, Susp-do--do.-
    Simla, Town of, Elbert County080058N/A, Emerg; October 22, 2009, Reg; March 17, 2011, Susp-do--do.-
    Region X
    Alaska:
    Matanuska-Susitna, Borough of020021January 23, 1979, Emerg; May 1, 1985, Reg; March 17, 2011, Susp-do--do.-
    * -do- = Ditto.
    Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
    Start Signature

    Dated: February 23, 2011.

    Edward L. Connor,

    Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency.

    End Signature End Supplemental Information

    [FR Doc. 2011-5132 Filed 3-7-11; 8:45 am]

    BILLING CODE 9110-12-P

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Document Information

Published:
03/08/2011
Department:
Federal Emergency Management Agency
Entry Type:
Rule
Action:
Final rule.
Document Number:
2011-5132
Pages:
12596-12600 (5 pages)
Docket Numbers:
Docket ID FEMA-2011-0002, Internal Agency Docket No. FEMA-8171
Topics:
Flood insurance, Flood plains
PDF File:
2011-5132.pdf
CFR: (1)
44 CFR 64.6