Suspension of Community Eligibility, 18934-18938 [2011-8112]
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18934
Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations
IV. Collection of Information
Requirements
This interim final rule with comment
does not impose information collection
and recordkeeping requirements.
Consequently, it need not be reviewed
by the Office of Management and
Budget under the authority of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35).
V. Response to Comments
Because of the large number of public
comments we normally receive on
Federal Register documents, we are not
able to acknowledge or respond to them
individually. We will consider all
comments we receive by the date and
time specified in the DATES section of
this preamble, and, when we proceed
with a subsequent document, we will
respond to the comments in the
preamble to that document.
erowe on DSK5CLS3C1PROD with RULES
VI. Regulatory Impact Statement
We have examined the impact of this
interim final rule with comment period
as required by Executive Order 12866
on Regulatory Planning and Review
(September 30, 1993), Executive Order
13563 on Improving Regulation and
Regulatory Review (January 18, 2011),
the Regulatory Flexibility Act (RFA)
(September 19, 1980, Pub. L. 96–354),
section 1102(b) of the Social Security
Act, section 202 of the Unfunded
Mandates Reform Act of 1995 (March
22, 1995; Pub. L. 104–4), Executive
Order 13132 on Federalism (August 4,
1999) and the Congressional Review Act
(5 U.S.C. 804(2)).
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. A
regulatory impact analysis (RIA) must
be prepared for major rules with
economically significant effects ($100
million or more in any 1 year). This is
not a significant rule and we have
determined that this interim final rule
with comment does not have a
significant economic impact. Therefore,
we have not prepared an RIA.
With regards to the ESRD transition
budget-neutrality adjustment, we
believe that with a zero percent
adjustment we are budget-neutral for
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payments made for renal dialysis
services furnished on April 1, 2011
through December 31, 2011. The zero
percent transition budget-neutrality
adjustment applied to payments made
to ESRD facilities for renal dialysis
services furnished on April 1, 2011
through December 31, 2011 will
increase payments to providers as
compared to payments they would
receive with a 3.1 percent transition
budget-neutrality adjustment reduction.
This will benefit all providers.
The RFA requires agencies to analyze
options for regulatory relief of small
entities, if a rule has a significant impact
on a substantial number of small
entities. For purposes of the RFA, small
entities include small businesses,
nonprofit organizations, and small
governmental jurisdictions. Most
hospitals and most other providers and
suppliers are small entities, either by
nonprofit status or by having revenues
of $7.0 million to $34.5 million in any
1 year. Individuals and States are not
included in the definition of a small
entity. All ESRD facilities will receive a
zero percent budget-neutrality
adjustment to their payment for renal
dialysis services furnished April 1, 2011
through December 31, 2011, instead of
a 3.1 percent reduction, including small
dialysis facilities. We are not preparing
an analysis for the RFA because the
Secretary has determined that this
interim final rule with comment will
not have a significant economic impact
on a substantial number of small
entities.
In addition, section 1102(b) of the
Social Security Act (the Act) requires us
to prepare a regulatory impact analysis
if a rule may have a significant impact
on the operations of a substantial
number of small rural hospitals. This
analysis must conform to the provisions
of section 604 of the RFA. For purposes
of section 1102(b) of the Act, we define
a small rural hospital as a hospital that
is located outside of a Metropolitan
Statistical Area for Medicare payment
regulations and has fewer than 100
beds. We are not preparing an analysis
for section 1102(b) of the Act because
the Secretary has determined this rule
does not have a substantial impact on
small rural hospitals. Most dialysis
facilities are free standing and we have
determined that that this interim final
rule with comment will not have a
significant impact on the operations of
a substantial number of small rural
hospitals.
Section 202 of the Unfunded
Mandates Reform Act of 1995 also
requires that agencies assess anticipated
costs and benefits before issuing any
rule whose mandates require spending
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in any 1 year of $100 million in 1995
dollars, updated annually for inflation.
In 2011, that threshold is approximately
$136 million. This rule will have no
consequential effect on State, local, or
Tribal governments or on the private
sector.
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
Since this regulation does not impose
any costs on State or local governments,
the requirements of Executive Order
13132 are not applicable.
For the reasons set forth in the
preamble, the Centers for Medicare &
Medicaid Services are revising the 3.1
percent transition budget-neutrality
adjustment reduction to a zero percent
transition budget-neutrality adjustment
for renal dialysis services furnished on
April 1, 2011 through December 31,
2011.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program)
Dated: March 18, 2011.
Donald M. Berwick,
Administrator, Centers for Medicare &
Medicaid Services.
Approved: March 29, 2011.
Kathleen Sebelius,
Secretary.
[FR Doc. 2011–8181 Filed 4–1–11; 4:15 pm]
BILLING CODE 4120–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2011–0002; Internal
Agency Docket No. FEMA–8175]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations
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
Community
No.
State and location
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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.
Region I
New Hampshire:
Hudson, Town of, Hillsborough County
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:
■
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
Date certain
Federal
assistance no
longer available
in SFHAs
April 18, 2011 ...
April 18, 2011.
......do ...............
Do.
......do ...............
Do.
Nashua, City of, Hillsborough County ...
330097
November 17, 1977, Emerg; January 3,
1979, Reg; April 18, 2011, Susp.
February 6, 1975, Emerg; June 15, 1979,
Reg; April 18, 2011, Susp.
Rhode Island:
Cranston, City of, Providence County ...
445396
September 11, 1970, Emerg; August 27,
1971, Reg; April 18, 2011, Susp.
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330092
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.
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations
Community
No.
State and location
East Providence, City of, Providence
County.
Johnston, Town of, Providence County
445398
North Providence, Town of, Providence
County.
Providence, City of, Providence County
440020
440018
445406
Region IV
Alabama:
Randolph
County,
Unincorporated
Areas.
Roanoke, City of, Randolph County ......
010348
Wadley, Town of, Randolph County .....
010183
Wedowee, Town of, Randolph County
010401
Kentucky:
McLean County, Unincorporated Areas
010182
210153
210204
Rowan County, Unincorporated Areas ..
210203
Region V
Ohio:
Clyde, City of, Sandusky County ..........
390489
Corning, Village of, Perry County ..........
390440
Crooksville, Village of, Perry County .....
390441
Fremont, City of, Sandusky County ......
390490
Glenford, Village of, Perry County ........
390442
Green Springs, Village of, Sandusky
and Seneca Counties.
Hemlock, Village of, Perry County ........
390492
390708
Lindsey, Village of, Sandusky County ...
390494
New Boston, Village of, Scioto County
390497
New Lexington, Village of, Perry County
390443
New Straitsville, Village of, Perry County.
Perry County, Unincorporated Areas ....
390709
Rarden, Village of, Scioto County .........
390499
Sandusky
County,
Unincorporated
Areas.
Scioto County, Unincorporated Areas ...
390486
Woodville, Village of, Sandusky County
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Morehead, City of, Rowan County ........
390495
Region VI
Arkansas:
Crossett, City of, Ashley County ...........
050471
Hamburg, City of, Ashley County ..........
050005
Montrose, Town of, Ashley County .......
050006
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390778
390496
Frm 00076
Date certain
Federal
assistance no
longer available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
June 5, 1970, Emerg; May 18, 1973, Reg;
April 18, 2011, Susp.
August 1, 1975, Emerg; September 1,
1978, Reg; April 18, 2011, Susp.
October 6, 1972, Emerg; December 15,
1977, Reg; April 18, 2011, Susp.
September 11, 1970, Emerg; December 11,
1970, Reg; April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
N/A, Emerg; November 5, 2003, Reg; April
18, 2011, Susp.
N/A, Emerg; May 3, 1995, Reg; April 18,
2011, Susp.
July 15, 1975, Emerg; August 19, 1985,
Reg; April 18, 2011, Susp.
N/A, Emerg; October 29, 1998, Reg; April
18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 6, 1979, Emerg; February 15,
1991, Reg; April 18, 2011, Susp.
June 4, 1975, Emerg; July 5, 1982, Reg;
April 18, 2011, Susp.
May 19, 1975, Emerg; January 19, 1983,
Reg; April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
August 14, 1974, Emerg; April 2, 1979,
Reg; April 18, 2011, Susp.
July 18, 1975, Emerg; September 1, 1987,
Reg; April 18, 2011, Susp.
April 16, 1976, Emerg; March 4, 1988, Reg;
April 18, 2011, Susp.
June 9, 1975, Emerg; April 18, 2011, Reg;
April 18, 2011, Susp.
August 11, 1978, Emerg; August 2, 1995,
Reg; April 18, 2011, Susp.
April 2, 1976, Emerg; August 15, 1980,
Reg; April 18, 2011, Susp.
February 27, 1976, Emerg; August 19,
1987, Reg; April 18, 2011, Susp.
June 20, 1975, Emerg; September 1, 1978,
Reg; April 18, 2011, Susp.
April 17, 1975, Emerg; January 26, 1983,
Reg; April 18, 2011, Susp.
September 15, 1975, Emerg; September 2,
1982, Reg; April 18, 2011, Susp.
August 27, 1976, Emerg; April 17, 1987,
Reg; April 18, 2011, Susp.
May 19, 1977, Emerg; September 27, 1991,
Reg; April 18, 2011, Susp.
February 14, 1977, Emerg; April 17, 1989,
Reg; April 18, 2011, Susp.
November 13, 1974, Emerg; January 17,
1979, Reg; April 18, 2011, Susp.
November 20, 1975, Emerg; June 19, 1989,
Reg; April 18, 2011, Susp.
November 21, 1975, Emerg; June 18, 1980,
Reg; April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 29, 1975, Emerg; June 11, 1976, Reg;
April 18, 2011, Susp.
October 18, 1974, Emerg; April 1, 1982,
Reg; April 18, 2011, Susp.
October 10, 1974, Emerg; March 15, 1982,
Reg; April 18, 2011, Susp.
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations
Community
No.
State and location
Portland, City of, Ashley County ...........
050008
Wilmot, City of, Ashley County ..............
050009
Oklahoma:
Anadarko, City of, Caddo County .........
400018
Apache, City of, Caddo County .............
400019
Caddo County, Unincorporated Areas ..
400479
Carnegie, Town of, Caddo County ........
400021
Hydro, Town of, Caddo County .............
400024
Texas:
Argyle, Town of, Denton County ...........
480775
Carrollton, City of, Collin, Dallas, and
Denton Counties.
Celina, City of, Collin and Denton
Counties.
Coppell, City of, Dallas and Denton
Counties.
Copper Canyon, Town of, Denton
County.
Corinth, City of, Denton County ............
480167
480133
480170
481508
481143
Dallas, City of, Collin, Dallas, Denton,
Kaufman, and Rockwell Counties.
Denton County, Unincorporated Areas
480171
480774
Denton, City of, Denton County ............
480194
Double Oak, Town of, Denton County ..
481516
Flower Mound, Town of, Denton and
Tarrant Counties.
Fort Worth, City of, Denton and Tarrant
Counties.
Frisco, City of, Collin and Denton Counties.
Grapevine, City of, Dallas, Denton, and
Tarrant Counties.
Hackberry, City of, Denton County .......
480777
480596
480134
480598
481607
481105
Lakewood Village, Town of, Denton
County.
Lewisville, City of, Denton County ........
481663
480195
Northlake, Town of, Denton County ......
480782
Plano, City of, Collin and Denton Counties.
Ponder, Town of, Denton County ..........
480140
480784
Sanger, City of, Denton Counties .........
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Highland Village, City of, Denton County.
Krum, City of, Denton County ...............
480786
Trophy Club, Town of, Denton and
Tarrant Counties.
Westlake, Town of, Denton and Tarrant
Counties.
Region VII
Missouri:
Amazonia, City of, Andrew County .......
481606
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15:31 Apr 05, 2011
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480779
480614
290005
Frm 00077
Date certain
Federal
assistance no
longer available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
August 12, 1974, Emerg; March 1, 1988,
Reg; April 18, 2011, Susp.
January 14, 1975, Emerg; March 15, 1982,
Reg; April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
July 3, 1975, Emerg; September 17, 1980,
Reg; April 18, 2011, Susp.
August 6, 1975, Emerg; May 15, 1985,
Reg; April 18, 2011, Susp.
N/A, Emerg; June 12, 1995, Reg; April 18,
2011, Susp.
September 3, 1975, Emerg; July 20, 1982,
Reg; April 18, 2011, Susp.
January 9, 1987, Emerg; November 1,
1989, Reg; April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
November 13, 1980, Emerg; April 16, 1990,
Reg; April 18, 2011, Susp.
May 27, 1975, Emerg; July 16, 1980, Reg;
April 18, 2011, Susp.
May 27, 1975, Emerg; November 1, 1979,
Reg; April 18, 2011, Susp.
June 11, 1975, Emerg; August 1, 1980,
Reg; April 18, 2011, Susp.
July 8, 1985, Emerg; September 18, 1987,
Reg; April 18, 2011, Susp.
March 5, 1975, Emerg; May 15, 1979, Reg;
April 18, 2011, Susp.
June 30, 1970, Emerg; March 16, 1983,
Reg; April 18, 2011, Susp.
July 22, 1975, Emerg; May 4, 1987, Reg;
April 18, 2011, Susp.
February 18, 1972, Emerg; August 1, 1979,
Reg; April 18, 2011, Susp.
May 28, 1982, Emerg; March 4, 1987, Reg;
April 18, 2011, Susp.
July 31, 1975, Emerg; September 18, 1986,
Reg; April 18, 2011, Susp.
September 17, 1971, Emerg; June 4, 1980,
Reg; April 18, 2011, Susp.
October 7, 1975, Emerg; June 18, 1980,
Reg; April 18, 2011, Susp.
October 3, 1974, Emerg; November 17,
1982, Reg; April 18, 2011, Susp.
December 17, 1987, Emerg; April 2, 1997,
Reg; April 18, 2011, Susp.
June 16, 1978, Emerg; July 16, 1987, Reg;
April 18, 2011, Susp.
N/A, Emerg; September 23, 1996, Reg;
April 18, 2011, Susp.
N/A, Emerg; June 11, 2009, Reg; April 18,
2011, Susp.
January 20, 1975, Emerg; October 18,
1988, Reg; April 18, 2011, Susp.
April 16, 1990, Emerg; September 30,
1994, Reg; April 18, 2011, Susp.
July 19, 1974, Emerg; January 2, 1980,
Reg; April 18, 2011, Susp.
N/A, Emerg; July 17, 2002, Reg; April 18,
2011, Susp.
December 19, 1977, Emerg; April 24, 1979,
Reg; April 18, 2011, Susp.
June 12, 1987, Emerg; June 12, 1987, Reg;
April 18, 2011, Susp.
May 24, 1993, Emerg; June 2, 1993, Reg;
April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
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Do.
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Do.
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Do.
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Do.
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Do.
......do ...............
Do.
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Do.
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......do ...............
Do.
......do ...............
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......do ...............
Do.
......do ...............
Do.
July 30, 1999, Emerg; May 1, 2005, Reg;
April 18, 2011, Susp.
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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Rules and Regulations
Community
No.
State and location
Bolckow, City of, Andrew County ..........
290006
Country Club, Village of, Andrew County.
Savannah, City of, Andrew County .......
290604
290664
Date certain
Federal
assistance no
longer available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
May 17, 1988, Emerg; May 17, 1989, Reg;
April 18, 2011, Susp.
September 13, 1976, Emerg; August 24,
1984, Reg; April 18, 2011, Susp.
December 21, 1978, Emerg; December 21,
1978, Reg; April 18, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: March 21, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation
Administrator, Mitigation.
[FR Doc. 2011–8112 Filed 4–5–11; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 65
[Docket ID FEMA–2011–0002]
Changes in Flood Elevation
Determinations
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Modified Base (1% annualchance) Flood Elevations (BFEs) are
finalized for the communities listed
below. These modified BFEs will be
used to calculate flood insurance
premium rates for new buildings and
their contents.
DATES: The effective dates for these
modified BFEs are indicated on the
following table and revise the Flood
Insurance Rate Maps (FIRMs) in effect
for the listed communities prior to this
date.
ADDRESSES: The modified BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472,
(202) 646–4064, or (e-mail)
luis.rodriguez1@dhs.gov.
erowe on DSK5CLS3C1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:31 Apr 05, 2011
Jkt 223001
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below of the modified BFEs for
each community listed. These modified
BFEs have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Federal
Insurance and Mitigation Administrator
has resolved any appeals resulting from
this notification.
The modified BFEs are not listed for
each community in this notice.
However, this final rule includes the
address of the Chief Executive Officer of
the community where the modified BFE
determinations are available for
inspection.
The modified BFEs are made pursuant
to section 206 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are in accordance with the National
Flood Insurance Act of 1968, 42 U.S.C.
4001 et seq., and with 44 CFR part 65.
For rating purposes, the currently
effective community number is shown
and must be used for all new policies
and renewals.
The modified BFEs are the basis for
the floodplain management measures
that the community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
to remain qualified for participation in
the National Flood Insurance Program
(NFIP).
These modified BFEs, together with
the floodplain management criteria
required by 44 CFR 60.3, are the
minimum that are required. They
should not be construed to mean that
the community must change any
existing ordinances that are more
stringent in their floodplain
management requirements. The
community may at any time enact
stricter requirements of its own or
pursuant to policies established by other
Federal, State, or regional entities.
These modified BFEs are used to meet
the floodplain management
requirements of the NFIP and also are
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
used to calculate the appropriate flood
insurance premium rates for new
buildings built after these elevations are
made final, and for the contents in those
buildings. The changes in BFEs are in
accordance with 44 CFR 65.4.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
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 final rule involves no policies that
have federalism implications under
Executive Order 13132, Federalism.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 65
Flood insurance, Floodplains,
Reporting and recordkeeping
requirements.
Accordingly, 44 CFR part 65 is
amended to read as follows:
PART 65—[AMENDED]
1. The authority citation for part 65
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.
§ 65.4
[Amended]
2. The tables published under the
authority of § 65.4 are amended as
follows:
■
E:\FR\FM\06APR1.SGM
06APR1
]]>Agencies
[Federal Register Volume 76, Number 66 (Wednesday, April 6, 2011)]
[Rules and Regulations]
[Pages 18934-18938]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-8112]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8175]
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
[[Page 18935]]
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:
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Region I
New Hampshire:
Hudson, Town of, 330092 November 17, 1977, April 18, 2011........ April 18, 2011.
Hillsborough County. Emerg; January 3,
1979, Reg; April
18, 2011, Susp.
Nashua, City of, 330097 February 6, 1975, ......do.............. Do.
Hillsborough County. Emerg; June 15,
1979, Reg; April
18, 2011, Susp.
Rhode Island:
Cranston, City of, 445396 September 11, ......do.............. Do.
Providence County. 1970, Emerg;
August 27, 1971,
Reg; April 18,
2011, Susp.
[[Page 18936]]
East Providence, City of, 445398 June 5, 1970, ......do.............. Do.
Providence County. Emerg; May 18,
1973, Reg; April
18, 2011, Susp.
Johnston, Town of, 440018 August 1, 1975, ......do.............. Do.
Providence County. Emerg; September
1, 1978, Reg;
April 18, 2011,
Susp.
North Providence, Town of, 440020 October 6, 1972, ......do.............. Do.
Providence County. Emerg; December
15, 1977, Reg;
April 18, 2011,
Susp.
Providence, City of, 445406 September 11, ......do.............. Do.
Providence County. 1970, Emerg;
December 11,
1970, Reg; April
18, 2011, Susp.
Region IV
Alabama:
Randolph County, 010182 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. November 5, 2003,
Reg; April 18,
2011, Susp.
Roanoke, City of, Randolph 010348 N/A, Emerg; May 3, ......do.............. Do.
County. 1995, Reg; April
18, 2011, Susp.
Wadley, Town of, Randolph 010183 July 15, 1975, ......do.............. Do.
County. Emerg; August 19,
1985, Reg; April
18, 2011, Susp.
Wedowee, Town of, Randolph 010401 N/A, Emerg; ......do.............. Do.
County. October 29, 1998,
Reg; April 18,
2011, Susp.
Kentucky:
McLean County, 210153 February 6, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1991, Reg;
April 18, 2011,
Susp.
Morehead, City of, Rowan 210204 June 4, 1975, ......do.............. Do.
County. Emerg; July 5,
1982, Reg; April
18, 2011, Susp.
Rowan County, 210203 May 19, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January
19, 1983, Reg;
April 18, 2011,
Susp.
Region V
Ohio:
Clyde, City of, Sandusky 390489 August 14, 1974, ......do.............. Do.
County. Emerg; April 2,
1979, Reg; April
18, 2011, Susp.
Corning, Village of, Perry 390440 July 18, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg;
April 18, 2011,
Susp.
Crooksville, Village of, 390441 April 16, 1976, ......do.............. Do.
Perry County. Emerg; March 4,
1988, Reg; April
18, 2011, Susp.
Fremont, City of, Sandusky 390490 June 9, 1975, ......do.............. Do.
County. Emerg; April 18,
2011, Reg; April
18, 2011, Susp.
Glenford, Village of, 390442 August 11, 1978, ......do.............. Do.
Perry County. Emerg; August 2,
1995, Reg; April
18, 2011, Susp.
Green Springs, Village of, 390492 April 2, 1976, ......do.............. Do.
Sandusky and Seneca Emerg; August 15,
Counties. 1980, Reg; April
18, 2011, Susp.
Hemlock, Village of, Perry 390708 February 27, 1976, ......do.............. Do.
County. Emerg; August 19,
1987, Reg; April
18, 2011, Susp.
Lindsey, Village of, 390494 June 20, 1975, ......do.............. Do.
Sandusky County. Emerg; September
1, 1978, Reg;
April 18, 2011,
Susp.
New Boston, Village of, 390497 April 17, 1975, ......do.............. Do.
Scioto County. Emerg; January
26, 1983, Reg;
April 18, 2011,
Susp.
New Lexington, Village of, 390443 September 15, ......do.............. Do.
Perry County. 1975, Emerg;
September 2,
1982, Reg; April
18, 2011, Susp.
New Straitsville, Village 390709 August 27, 1976, ......do.............. Do.
of, Perry County. Emerg; April 17,
1987, Reg; April
18, 2011, Susp.
Perry County, 390778 May 19, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1991, Reg;
April 18, 2011,
Susp.
Rarden, Village of, Scioto 390499 February 14, 1977, ......do.............. Do.
County. Emerg; April 17,
1989, Reg; April
18, 2011, Susp.
Sandusky County, 390486 November 13, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; January
17, 1979, Reg;
April 18, 2011,
Susp.
Scioto County, 390496 November 20, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 19,
1989, Reg; April
18, 2011, Susp.
Woodville, Village of, 390495 November 21, 1975, ......do.............. Do.
Sandusky County. Emerg; June 18,
1980, Reg; April
18, 2011, Susp.
Region VI
Arkansas:
Crossett, City of, Ashley 050471 May 29, 1975, ......do.............. Do.
County. Emerg; June 11,
1976, Reg; April
18, 2011, Susp.
Hamburg, City of, Ashley 050005 October 18, 1974, ......do.............. Do.
County. Emerg; April 1,
1982, Reg; April
18, 2011, Susp.
Montrose, Town of, Ashley 050006 October 10, 1974, ......do.............. Do.
County. Emerg; March 15,
1982, Reg; April
18, 2011, Susp.
[[Page 18937]]
Portland, City of, Ashley 050008 August 12, 1974, ......do.............. Do.
County. Emerg; March 1,
1988, Reg; April
18, 2011, Susp.
Wilmot, City of, Ashley 050009 January 14, 1975, ......do.............. Do.
County. Emerg; March 15,
1982, Reg; April
18, 2011, Susp.
Oklahoma:
Anadarko, City of, Caddo 400018 July 3, 1975, ......do.............. Do.
County. Emerg; September
17, 1980, Reg;
April 18, 2011,
Susp.
Apache, City of, Caddo 400019 August 6, 1975, ......do.............. Do.
County. Emerg; May 15,
1985, Reg; April
18, 2011, Susp.
Caddo County, 400479 N/A, Emerg; June ......do.............. Do.
Unincorporated Areas. 12, 1995, Reg;
April 18, 2011,
Susp.
Carnegie, Town of, Caddo 400021 September 3, 1975, ......do.............. Do.
County. Emerg; July 20,
1982, Reg; April
18, 2011, Susp.
Hydro, Town of, Caddo 400024 January 9, 1987, ......do.............. Do.
County. Emerg; November
1, 1989, Reg;
April 18, 2011,
Susp.
Texas:
Argyle, Town of, Denton 480775 November 13, 1980, ......do.............. Do.
County. Emerg; April 16,
1990, Reg; April
18, 2011, Susp.
Carrollton, City of, 480167 May 27, 1975, ......do.............. Do.
Collin, Dallas, and Emerg; July 16,
Denton Counties. 1980, Reg; April
18, 2011, Susp.
Celina, City of, Collin 480133 May 27, 1975, ......do.............. Do.
and Denton Counties. Emerg; November
1, 1979, Reg;
April 18, 2011,
Susp.
Coppell, City of, Dallas 480170 June 11, 1975, ......do.............. Do.
and Denton Counties. Emerg; August 1,
1980, Reg; April
18, 2011, Susp.
Copper Canyon, Town of, 481508 July 8, 1985, ......do.............. Do.
Denton County. Emerg; September
18, 1987, Reg;
April 18, 2011,
Susp.
Corinth, City of, Denton 481143 March 5, 1975, ......do.............. Do.
County. Emerg; May 15,
1979, Reg; April
18, 2011, Susp.
Dallas, City of, Collin, 480171 June 30, 1970, ......do.............. Do.
Dallas, Denton, Kaufman, Emerg; March 16,
and Rockwell Counties. 1983, Reg; April
18, 2011, Susp.
Denton County, 480774 July 22, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 4,
1987, Reg; April
18, 2011, Susp.
Denton, City of, Denton 480194 February 18, 1972, ......do.............. Do.
County. Emerg; August 1,
1979, Reg; April
18, 2011, Susp.
Double Oak, Town of, 481516 May 28, 1982, ......do.............. Do.
Denton County. Emerg; March 4,
1987, Reg; April
18, 2011, Susp.
Flower Mound, Town of, 480777 July 31, 1975, ......do.............. Do.
Denton and Tarrant Emerg; September
Counties. 18, 1986, Reg;
April 18, 2011,
Susp.
Fort Worth, City of, 480596 September 17, ......do.............. Do.
Denton and Tarrant 1971, Emerg; June
Counties. 4, 1980, Reg;
April 18, 2011,
Susp.
Frisco, City of, Collin 480134 October 7, 1975, ......do.............. Do.
and Denton Counties. Emerg; June 18,
1980, Reg; April
18, 2011, Susp.
Grapevine, City of, 480598 October 3, 1974, ......do.............. Do.
Dallas, Denton, and Emerg; November
Tarrant Counties. 17, 1982, Reg;
April 18, 2011,
Susp.
Hackberry, City of, Denton 481607 December 17, 1987, ......do.............. Do.
County. Emerg; April 2,
1997, Reg; April
18, 2011, Susp.
Highland Village, City of, 481105 June 16, 1978, ......do.............. Do.
Denton County. Emerg; July 16,
1987, Reg; April
18, 2011, Susp.
Krum, City of, Denton 480779 N/A, Emerg; ......do.............. Do.
County. September 23,
1996, Reg; April
18, 2011, Susp.
Lakewood Village, Town of, 481663 N/A, Emerg; June ......do.............. Do.
Denton County. 11, 2009, Reg;
April 18, 2011,
Susp.
Lewisville, City of, 480195 January 20, 1975, ......do.............. Do.
Denton County. Emerg; October
18, 1988, Reg;
April 18, 2011,
Susp.
Northlake, Town of, Denton 480782 April 16, 1990, ......do.............. Do.
County. Emerg; September
30, 1994, Reg;
April 18, 2011,
Susp.
Plano, City of, Collin and 480140 July 19, 1974, ......do.............. Do.
Denton Counties. Emerg; January 2,
1980, Reg; April
18, 2011, Susp.
Ponder, Town of, Denton 480784 N/A, Emerg; July ......do.............. Do.
County. 17, 2002, Reg;
April 18, 2011,
Susp.
Sanger, City of, Denton 480786 December 19, 1977, ......do.............. Do.
Counties. Emerg; April 24,
1979, Reg; April
18, 2011, Susp.
Trophy Club, Town of, 481606 June 12, 1987, ......do.............. Do.
Denton and Tarrant Emerg; June 12,
Counties. 1987, Reg; April
18, 2011, Susp.
Westlake, Town of, Denton 480614 May 24, 1993, ......do.............. Do.
and Tarrant Counties. Emerg; June 2,
1993, Reg; April
18, 2011, Susp.
Region VII
Missouri:
Amazonia, City of, Andrew 290005 July 30, 1999, ......do.............. Do.
County. Emerg; May 1,
2005, Reg; April
18, 2011, Susp.
[[Page 18938]]
Bolckow, City of, Andrew 290006 May 17, 1988, ......do.............. Do.
County. Emerg; May 17,
1989, Reg; April
18, 2011, Susp.
Country Club, Village of, 290604 September 13, ......do.............. Do.
Andrew County. 1976, Emerg;
August 24, 1984,
Reg; April 18,
2011, Susp.
Savannah, City of, Andrew 290664 December 21, 1978, ......do.............. Do.
County. Emerg; December
21, 1978, Reg;
April 18, 2011,
Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: March 21, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-8112 Filed 4-5-11; 8:45 am]
BILLING CODE 9110-12-P
