Suspension of Community Eligibility, 54708-54711 [2011-22466]
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54708
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action to
approve NOX as a precursor to ozone in
Virginia may not be challenged later in
proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements.
Dated: August 22, 2011.
W.C. Early,
Acting, Regional Administrator, Region III.
Authority: 42 U.S.C. 7401 et seq.
Subpart VV—Virginia
2. In § 52.2420, the table in paragraph
(c) is amended by revising the entries
for Sections 5–80–1615 and 5–80–1695
to read as follows:
■
40 CFR part 52 is amended as follows:
§ 52.2420
PART 52—[AMENDED]
*
1. The authority citation for 40 CFR
part 52 continues to read as follows:
■
Identification of plan.
*
*
(c) * * *
*
*
EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES
State citation
State effective
date
Title/subject
*
*
*
EPA approval date
*
Explanation [former SIP citation]
*
*
*
*
*
9 VAC 5, Chapter 80 Permits for Stationary Sources
*
*
*
*
*
Article 8 Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration (PSD) Areas
*
*
*
5–80–1615 .......................... Definitions ..........................
*
12/31/08
*
9/2/11 [Insert page number
where the document begins].
*
*
Adds NOX as a precursor to ozone.
Limited approval remains in effect.
*
*
*
5–80–1695 .......................... Exemptions ........................
*
12/31/08
*
9/2/11 [Insert page number
where the document begins].
*
*
Adds NOX as a precursor to ozone.
Limited approval remains in effect.
*
*
*
*
*
*
*
*
[FR Doc. 2011–22448 Filed 9–1–11; 8:45 am]
BILLING CODE 6560–50–P
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
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
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SUMMARY:
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*
*
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
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*
*
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
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
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
Community
No.
State and location
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:
■
Effective date authorization/cancellation
of sale of flood insurance in community
Current
effective
map date
Date certain
Federal assistance no longer
available in
SFHAs
010313
December 12, 1974, Emerg; June 17, 1986,
Reg; September 2, 2011, Susp.
Sept. 2, 2011 ....
Sept. 2, 2011
Mississippi:
Braxton, Village of, Simpson County .....
280156
Do.
280220
......do ...............
Do.
D’Lo, Town of, Simpson County ............
280157
......do ...............
Do.
Enterprise, Town of, Clarke County ......
280314
......do ...............
Do.
Magee, City of, Simpson County ...........
280158
......do ...............
Do.
Mendenhall, City of, Simpson County ...
280159
......do ...............
Do.
Pachuta, Town of, Clarke County .........
280219
......do ...............
Do.
Quitman, City of, Clarke County ............
280319
......do ...............
Do.
Shubuta, Town of, Clarke County .........
280034
......do ...............
Do.
Simpson County, Unincorporated Areas
280281
......do ...............
Do.
Stonewall, Town of, Clarke County .......
280035
September 19, 2007, Emerg; N/A, Reg;
September 2, 2011, Susp.
April 26, 1979, Emerg; August 16, 1988,
Reg; September 2, 2011, Susp.
June 2, 1975, Emerg; December 16, 1980,
Reg; September 2, 2011, Susp.
April 26, 1979, Emerg; January 1, 1987,
Reg; September 2, 2011, Susp.
December 20, 1974, Emerg; August 15,
1980, Reg; September 2, 2011, Susp.
October 19, 1973, Emerg; September 30,
1980, Reg; September 2, 2011, Susp.
March 6, 1979, Emerg; November 18, 2010,
Reg; September 2, 2011, Susp.
April 26, 1979, Emerg; January 1, 1986,
Reg; September 2, 2011, Susp.
January 17, 1979, Emerg; September 1,
1991, Reg; September 2, 2011, Susp.
June 15, 1979, Emerg; September 30,
1980, Reg; September 2, 2011, Susp.
March 31, 1975, Emerg; August 16, 1988,
Reg; September 2, 2011, Susp.
......do* ..............
Clarke County, Unincorporated Areas ...
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Region IV
Alabama: Marion, City of, Perry County .......
......do ...............
Do.
Region V
Indiana:
Brazil, City of, Clay County ...................
180511
......do ...............
Do.
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Frm 00021
September 30, 1993, Emerg; May 12, 1995,
Reg; September 2, 2011, Susp.
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
Community
No.
State and location
Effective date authorization/cancellation
of sale of flood insurance in community
Current
effective
map date
Date certain
Federal assistance no longer
available in
SFHAs
Clay County, Unincorporated Areas ......
180408
June 6, 2003, Emerg; May 1, 2010, Reg;
September 2, 2011, Susp.
......do ...............
Do.
Ohio:
North Baltimore, Village of, Wood
County.
Pemberville, Village of, Wood County ...
390587
......do ...............
Do.
......do ...............
Do.
Portage, Village of, Wood County .........
390754
......do ...............
Do.
Rossford, City of, Wood County ............
390589
......do ...............
Do.
Wisconsin: Bagley, Village of, Grant
County.
Bloomington, Village of, Grant County ..
550145
......do ...............
Do.
550146
......do ...............
Do.
Blue River, Village of, Grant County .....
550147
......do ...............
Do.
Boscobel, City of, Grant County ............
550148
......do ...............
Do.
Cassville, Village of, Grant County ........
555548
......do ...............
Do.
Grant County, Unincorporated Areas ....
555557
......do ...............
Do.
Lancaster, City of, Grant County ...........
550150
......do ...............
Do.
Muscoda, Village of, Grant County .......
550153
......do ...............
Do.
Platteville, City of, Grant County ...........
550154
......do ...............
Do.
Potosi, Village of, Grant County ............
550155
July 3, 1975, Emerg; September 2, 1982,
Reg; September 2, 2011, Susp.
August 5, 1975, Emerg; August 2, 1982,
Reg; September 2, 2011, Susp.
May 6, 1976, Emerg; April 15, 1982, Reg;
September 2, 2011, Susp.
August 27, 1975, Emerg; May 2, 1983, Reg;
September 2, 2011, Susp.
July 25, 1975, Emerg; June 17, 1986, Reg;
September 2, 2011, Susp.
August 1, 1975, Emerg; August 19, 1986,
Reg; September 2, 2011, Susp.
N/A, Emerg; July 2, 2009, Reg; September
2, 2011, Susp.
November 27, 1981, Emerg; November 27,
1981, Reg; September 2, 2011, Susp.
April 23, 1971, Emerg; February 19, 1972,
Reg; September 2, 2011, Susp.
March 26, 1971, Emerg; May 25, 1973,
Reg; September 2, 2011, Susp.
March 24, 1975, Emerg; August 5, 1986,
Reg; September 2, 2011, Susp.
October 25, 1974, Emerg; September 8,
1999, Reg; September 2, 2011, Susp.
June 24, 1975, Emerg; September 29,
1996, Reg; September 2, 2011, Susp.
August 23, 2001, Emerg; N/A, Reg; September 2, 2011, Susp.
......do ...............
Do.
Region VI
Louisiana: Winnsboro, Town of, Franklin
Parish.
220074
May 2, 1973, Emerg; September 1, 1978,
Reg; September 2, 2011, Susp.
......do ...............
Do.
Region VII
Kansas:
Edwardsville, City of, Wyandotte County.
Kansas City, City of, Wyandotte County
200362
......do ...............
Do.
200363
May 13, 1975, Emerg; September 29, 1978,
Reg; September 2, 2011, Susp.
December 10, 1974, Emerg; August 3,
1981, Reg; September 2, 2011, Susp.
......do ...............
Do.
Region VIII
Colorado:
Del Norte, Town of, Rio Grande County
080154
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
390624
Monte Vista, City of, Rio Grande County.
Rio Grande County, Unincorporated
Areas.
South Fork, Town of, Rio Grande
County.
Montana:
Belgrade, City of, Gallatin County .........
080155
300105
Bozeman, City of, Gallatin County ........
300028
Gallatin County, Unincorporated Areas
300027
Three Forks, City of, Gallatin County ....
300029
080153
080318
August 9, 1974, Emerg; September 30,
1982, Reg; September 2, 2011, Susp.
May 27, 1975, Emerg; September 30, 1982,
Reg; September 2, 2011, Susp.
June 25, 1975, Emerg; May 19, 1987, Reg;
September 2, 2011, Susp.
N/A, Emerg; June 5, 1995, Reg; September
2, 2011, Susp.
July 9, 1997, Emerg; N/A, Reg; September
2, 2011, Susp.
May 12, 1975, Emerg; March 15, 1982,
Reg; September 2, 2011, Susp.
November 20, 1975, Emerg; August 1,
1984, Reg; September 2, 2011, Susp.
August 1, 1975, 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.
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02SER1
Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
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
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket ID FWS–R2–ES–2011–0069; 92220–
1113–0000; ABC Code: C6]
RIN 1018–AX08
Endangered and Threatened Wildlife
and Plants; Bald Eagles Nesting in
Sonoran Desert Area of Central
Arizona Removed From the List of
Endangered and Threatened Wildlife
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing a
final rule to comply with a court order
that removed regulatory protections
under the Endangered Species Act of
1973, as amended (Act), for the bald
eagles nesting in the Sonoran Desert
area of central Arizona. On July 9, 2007,
we published a final rule to remove bald
eagles in the lower 48 States from the
List of Endangered and Threatened
Wildlife (List) due to recovery.
However, the United States District
Court for the District of Arizona, by
order dated March 6, 2008, enjoined the
Service from removing the bald eagles
nesting in the Sonoran Desert area of
central Arizona from the threatened
species list under the Act pending the
Service’s status review and 12-month
finding on a petition to classify the bald
eagles nesting in the Sonoran Desert
area of central Arizona as a distinct
population segment (DPS), list this DPS
as endangered, and designate critical
habitat. On May 1, 2008, to conform to
the court’s order, we published a final
rule listing the potential Sonoran Desert
bald eagle DPS as threatened under the
Act. On February 25, 2010, the Service
published its 12-month finding
determining that the bald eagles nesting
in the Sonoran Desert area of central
Arizona did not qualify as a DPS and
were, therefore, not a listable entity
under the Act. On September 30, 2010,
as a result of the Service’s completed
status review and publication of the 12month finding, the United States
District Court for the District of Arizona
lifted the injunction. We are issuing this
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SUMMARY:
VerDate Mar<15>2010
13:31 Sep 01, 2011
Jkt 223001
final rule to amend the regulations for
the Federal Lists of Endangered and
Threatened Wildlife by removing the
bald eagles nesting in the Sonoran
Desert area of central Arizona from the
list. This action amends the CFR to
reflect the September 30, 2010, court
order.
DATES: This rule amending the CFR to
reflect the September 30, 2010, court
order is effective September 2, 2011.
However, the court order reinstating the
provisions of the delisting rule for the
bald eagles nesting in the Sonoran
Desert area of central Arizona had legal
effect immediately upon being filed on
September 30, 2010.
ADDRESSES: This final rule is available
on the Internet at https://www.
regulations.gov at Docket No. FWS–R2–
ES–2011–0069.
FOR FURTHER INFORMATION CONTACT:
Steve Spangle, Field Supervisor,
Arizona Ecological Services Field
Office, 2321 West Royal Palm Road,
Suite 103, Phoenix, AZ 85021;
telephone, 602–242–0210; facsimile,
602–242–2513. Individuals who are
hearing-impaired or speech-impaired
may call the Federal Relay Service at
(800) 877–8337 for TTY.
SUPPLEMENTARY INFORMATION:
Background
Bald eagles (Haliaeetus
leucocephalus) gained protection under
the Bald Eagle Protection Act (16 U.S.C.
668–668d) in 1940 and the Migratory
Bird Treaty Act (MBTA) (16 U.S.C. 703–
712) in 1972. A 1962 amendment to the
Bald Eagle Protection Act added
protection for the golden eagle (Aquila
chrysaetos), and the amended statute
became known as the Bald and Golden
Eagle Protection Act (BGEPA). On
February 14, 1978, the Service listed the
bald eagle as an endangered species
under the Endangered Species Act of
1973, as amended (Act) (16 U.S.C. 1531
et seq.) in 43 of the contiguous States,
and as a threatened species in the States
of Michigan, Minnesota, Wisconsin,
Oregon, and Washington (43 FR 6230).
On July 12, 1995, we published a final
rule to reclassify the bald eagle from
endangered to threatened in the 43
States where it had been listed as
endangered and retain the threatened
status for the other five States (60 FR
36000).
On July 6, 1999, we published a
proposed rule to delist the bald eagle
throughout the lower 48 States due to
recovery (64 FR 36454). On February 16,
2006, we reopened the public comment
period to consider new information
received on our July 6, 1999 (71 FR
8238), proposed rule to delist the bald
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Fmt 4700
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54711
eagle in the lower 48 States. On October
6, 2004, we received a petition from the
Center for Biological Diversity (CBD),
the Maricopa Audubon Society, and the
Arizona Audubon Council requesting
that the ‘‘Southwestern desert nesting
bald eagle population’’ be classified as
a distinct population segment (DPS)
under the Act, that this DPS be
reclassified from a threatened species to
an endangered species, and that we
concurrently designate critical habitat
for the DPS under the Act. We
announced in our 90-day finding on
August 30, 2006 (71 FR 51549), that the
petition did not present substantial
scientific or commercial information
indicating that the petitioned action
may be warranted.
On January 5, 2007, the CBD and the
Maricopa Audubon Society (Plaintiffs)
filed a lawsuit challenging the Service’s
90-day finding that the bald eagles
nesting in the Sonoran Desert area of
central Arizona did not qualify as a
DPS, and further challenging the
Service’s 90-day finding that the
population should not be uplisted to
endangered status.
On July 9, 2007 (72 FR 37346), we
published the final delisting rule for
bald eagles in the lower 48 States due
to recovery. This final delisting rule also
included the bald eagles located in the
Sonoran Desert. On August 17, 2007, the
CBD and the Maricopa Audubon Society
filed a Motion for Summary Judgment,
requesting the court to make a decision
on their January 5, 2007, lawsuit. In
early 2008, several Native American
Tribes submitted amicus curiae (‘‘friend
of the court’’) briefs in support of the
August 17, 2007, Motion for Summary
Judgment. The San Carlos Apache Tribe,
Yavapai-Apache Nation, and Tonto
Apache Tribe submitted amicus curiae
briefs to the court on January 29, 2008;
the Salt River Pima-Maricopa Indian
Community submitted an amicus curiae
brief to the court on February 4, 2008;
and the Fort McDowell Yavapai Nation
submitted an amicus curiae brief to the
court on February 7, 2008.
On March 5, 2008, the U.S. District
Court for the District of Arizona made
a final decision in the case and ruled in
favor of the CBD and the Maricopa
Audubon Society. The court order
(Center for Biological Diversity v.
Kempthorne, CV 07–0038–PHX–MHM
(D. Ariz)), dated March 6, 2008, required
the Service to conduct a status review
of the Desert bald eagle population
pursuant to the Act to determine
whether that population may qualify as
a DPS, and if so, whether listing that
DPS as threatened or endangered
pursuant to the Act is warranted. The
court enjoined the Service’s application
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]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54708-54711]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22466]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
*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
