
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23498-23502]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10174]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8177]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities, where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP), that are scheduled for suspension on the effective 
dates listed within this rule because of noncompliance with the 
floodplain management requirements of the program. If the Federal 
Emergency Management Agency (FEMA) receives documentation that the 
community has adopted the required floodplain management measures prior 
to the effective suspension date given in this rule, the suspension 
will not occur and a notice of this will be provided by publication in 
the Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal

[[Page 23499]]

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:

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                                                 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 III
 
West Virginia:
    Barbour County,                    540001  November 21,       May 3, 2011...........  May 3, 2011.
     Unincorporated Areas.                      1975, Emerg;
                                                July 1, 1987,
                                                Reg; May 3,
                                                2011, Susp.
    Belington, Town of, Barbour        540002  November 11,       *......do.............   Do.
     County.                                    1974, Emerg;
                                                August 1, 1979,
                                                Reg; May 3,
                                                2011, Susp.
    Junior, Town of, Barbour           540003  April 3, 1975,     ......do..............   Do.
     County.                                    Emerg; April 17,
                                                1987, Reg; May
                                                3, 2011, Susp.
    Philippi, City of, Barbour         540004  June 26, 1974,     ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1986, Reg;
                                                May 3, 2011,
                                                Susp.
 
           Region IV
 
Kentucky: Glasgow, City of,            210007  November 29,       ......do..............   Do.
 Barren County.                                 1974, Emerg; May
                                                1, 1987, Reg;
                                                May 3, 2011,
                                                Susp.
Mississippi:
    Clay County, Unincorporated        280036  January 19, 1978,  ......do..............   Do.
     Areas.                                     Emerg; July 16,
                                                1990, Reg; May
                                                3, 2011, Susp.

[[Page 23500]]

 
    West Point, City of, Clay          280037  February 1, 1974,  ......do..............   Do.
     County.                                    Emerg; January
                                                5, 1978, Reg;
                                                May 3, 2011,
                                                Susp.
South Carolina:
    Fairfield County,                  450075  December 21,       ......do..............   Do.
     Unincorporated Areas.                      1978, Emerg;
                                                July 19, 1982,
                                                Reg; May 3,
                                                2011, Susp.
    Greenwood, City of,                450093  July 22, 1975,     ......do..............   Do.
     Greenwood County.                          Emerg; February
                                                4, 1987, Reg;
                                                May 3, 2011,
                                                Susp.
    Greenwood County,                  450094  April 21, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 18,
                                                1987, Reg; May
                                                3, 2011, Susp.
    Ninety Six, Town of,               450244  September 17,      ......do..............   Do.
     Greenwood County.                          1986, Emerg;
                                                September 17,
                                                1986, Reg; May
                                                3, 2011, Susp.
 
            Region V
Indiana:
    Alexandria, City of,               180149  December 13,       ......do..............   Do.
     Madison County.                            1974, Emerg;
                                                July 2, 1981,
                                                Reg; May 3,
                                                2011, Susp.
    Anderson, City of, Madison         180150  November 7, 1974,  ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1979, Reg;
                                                May 3, 2011,
                                                Susp.
    Chesterfield, Town of,             180151  February 14,       ......do..............   Do.
     Madison County.                            1975, Emerg; May
                                                1, 1980, Reg;
                                                May 3, 2011,
                                                Susp.
    Elwood, City of, Madison           180152  March 19, 1975,    ......do..............   Do.
     and Tipton Counties.                       Emerg; May 19,
                                                1981, Reg; May
                                                3, 2011, Susp.
    Frankton, Town of, Madison         180154  June 5, 1975,      ......d...............   Do.
     County.                                    Emerg; May 5,
                                                1981, Reg; May
                                                3, 2011, Susp.
    Ingalls, Town of, Madison          180155  March 24, 1975,    ......do..............   Do.
     County.                                    Emerg; July 15,
                                                1988, Reg; May
                                                3, 2011, Susp.
    Madison County,                    180442  October 23, 1990,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1994, Reg;
                                                May 3, 2011,
                                                Susp.
    Pendleton, Town of, Madison        180156  December 26,       ......do..............   Do.
     County.                                    1974, Emerg; May
                                                3, 1982, Reg;
                                                May 3, 2011,
                                                Susp.
    Summitville, Town of,              180157  May 5, 1975,       ......do..............   Do.
     Madison County.                            Emerg; July 21,
                                                1978, Reg; May
                                                3, 2011, Susp.
Michigan:
    DeWitt, Charter Township           260631  August 25, 1975,   ......do..............   Do.
     of, Clinton County.                        Emerg; June 18,
                                                1980, Reg; May
                                                3, 2011, Susp.
    DeWitt, City of, Clinton           260060  July 11, 1975,     ......do..............   Do.
     County.                                    Emerg; December
                                                18, 1979, Reg;
                                                May 3, 2011,
                                                Susp.
    East Lansing, City of,             260089  March 24, 1975,    ......do..............   Do.
     Clinton and Ingham                         Emerg; August 1,
     Counties.                                  1980, Reg; May
                                                3, 2011, Susp.
    Elsie, Village of, Clinton         260725  May 28, 1982,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1987, Reg; May
                                                3, 2011, Susp.
    Hubbardston, Village of,           260418  February 7, 1990,  ......do..............   Do.
     Clinton and Ionia Counties.                Emerg; June 1,
                                                1995, Reg; May
                                                3, 2011, Susp.
    Maple Rapids, Village of,          260384  November 8, 1976,  ......do..............   Do.
     Clinton County.                            Emerg; September
                                                1, 1986, Reg;
                                                May 3, 2011,
                                                Susp.
    Ovid, Village of, Clinton          260318  May 1, 1975,       ......do..............   Do.
     County.                                    Emerg; August 2,
                                                1982, Reg; May
                                                3, 2011, Susp.
    St. Johns, City of, Clinton        260726  May 28, 1982,      ......do..............   Do.
     County.                                    Emerg; March 16,
                                                1988, Reg; May
                                                3, 2011, Susp.
    Victor, Township of,               260720  May 11, 1981,      ......do..............   Do.
     Clinton County.                            Emerg; February
                                                2, 1989, Reg;
                                                May 3, 2011,
                                                Susp.
    Watertown, Charter Township        260291  April 16, 1974,    ......do..............   Do.
     of, Clinton County.                        Emerg; May 17,
                                                1982, Reg; May
                                                3, 2011, Susp.
Ohio:
    Bettsville, Village of,            390500  December 21,       ......do..............   Do.
     Seneca County.                             1978, Emerg;
                                                September 30,
                                                1988, Reg; May
                                                3, 2011, Susp.
    Seneca County,                     390779  April 3, 1979,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 17,
                                                1990, Reg; May
                                                3, 2011, Susp.
    Tiffin, City of, Seneca            390502  May 12, 1975,      ......do..............   Do.
     County.                                    Emerg; July 3,
                                                1986, Reg; May
                                                3, 2011, Susp.
           Region VI
 
Arkansas:
    Crittenden County,                 050429  May 18, 1983,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1985, Reg;
                                                May 3, 2011,
                                                Susp.
    Earle, City of, Crittenden         050054  June 20, 1974,     ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1986, Reg;
                                                May 3, 2011,
                                                Susp.
    Edmondson, Town of,                050409  November 8, 1976,  ......do..............   Do.
     Crittenden County.                         Emerg; March 18,
                                                1986, Reg; May
                                                3, 2011, Susp.
    Horseshoe Lake, Town of,           055057  N/A, Emerg;        ......do..............   Do.
     Crittenden County.                         January 18,
                                                2006, Reg; May
                                                3, 2011, Susp.

[[Page 23501]]

 
    Marion, City of, Crittenden        050345  July 9, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1987, Reg;
                                                May 3, 2011,
                                                Susp.
    Turrell, City of,                  050370  July 9, 1976,      ......do..............   Do.
     Crittenden County.                         Emerg; February
                                                1, 1988, Reg;
                                                May 3, 2011,
                                                Susp.
    West Memphis, City of,             050055  June 6, 1974,      ......do..............   Do.
     Crittenden County.                         Emerg; July 16,
                                                1980, Reg; May
                                                3, 2011, Susp.
           Region VII
Iowa:
    Beaver, City of, Boone             190322  January 3, 2008,   ......do..............   Do.
     County.                                    Emerg; May 3,
                                                2011, Reg; May
                                                3, 2011, Susp.
    Boone, City of, Boone              190555  N/A, Emerg;        ......do..............   Do.
     County.                                    October 7, 1993,
                                                Reg; May 3,
                                                2011, Susp..
    Boone County,                      190846  November 9, 1993,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1996, Reg;
                                                May 3, 2011,
                                                Susp.
    Fort Madison, City of, Lee         190184  April 11, 1974,    ......do..............   Do.
     County.                                    Emerg; May 3,
                                                1982, Reg; May
                                                3, 2011, Susp.
    Keokuk, City of, Lee County        190185  March 27, 1974,    ......do..............   Do.
                                                Emerg; March 1,
                                                1978, Reg; May
                                                3, 2011, Susp.
    Lee County, Unincorporated         190182  September 11,      ......do..............   Do.
     Areas.                                     1978, Emerg;
                                                June 15, 1981,
                                                Reg; May 3,
                                                2011, Susp.
    Madrid, City of, Boone             190325  October 21, 1976,  ......do..............   Do.
     County.                                    Emerg; June 10,
                                                1980, Reg; May
                                                3, 2011, Susp.
    Montrose, City of, Lee             190186  August 8, 1975,    ......do..............   Do.
     County.                                    Emerg; February
                                                18, 1981, Reg;
                                                May 3, 2011,
                                                Susp.
    Pilot Mound, City of, Boone        190326  August 28, 1990,   ......do..............   Do.
     County.                                    Emerg; July 1,
                                                1991, Reg; May
                                                3, 2011, Susp.
Kansas:
    Lane, City of, Franklin            200103  December 20,       ......do..............   Do.
     County.                                    2007, Emerg;
                                                September 1,
                                                2008, Reg; May
                                                3, 2011, Susp.
    Rantoul, City of, Franklin         200107  August 7, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1990, Reg;
                                                May 3, 2011,
                                                Susp.
Missouri:
    Blackwater, City of, Cooper        290109  March 22, 1976,    ......do..............   Do.
     County.                                    Emerg; December
                                                7, 1984, Reg;
                                                May 3, 2011,
                                                Susp.
    Boonville, City of, Cooper         290110  October 9, 1974,   ......do..............   Do.
     County.                                    Emerg; October
                                                16, 1984, Reg;
                                                May 3, 2011,
                                                Susp.
    Cooper County,                     290794  April 26, 1984,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                1, 1989, Reg;
                                                May 3, 2011,
                                                Susp.
    Pilot Grove, City of,              290678  N/A, Emerg;        ......do..............   Do.
     Cooper County.                             November 24,
                                                2008, Reg; May
                                                3, 2011, Susp.
Nebraska:
    Cozad, City of, Dawson             310059  March 7, 1975,     ......do..............   Do.
     County.                                    Emerg; June 30,
                                                1976, Reg; May
                                                3, 2011, Susp.
    Dawson County,                     310058  March 8, 1984,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 1,
                                                1988, Reg; May
                                                3, 2011, Susp.
    Lexington, City of, Dawson         310063  March 23, 1977,    ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1984, Reg; May
                                                3, 2011, Susp.
    Overton, Village of, Dawson        310064  July 1, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                May 3, 2011,
                                                Susp.
    Sumner, Village of, Dawson         310065  June 27, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                May 3, 2011,
                                                Susp.
          Region VIII
North Dakota:
    Cavalier, Township of,             380274  July 20, 1981,     ......do..............   Do.
     Pembina County.                            Emerg; July 20,
                                                1981, Reg; May
                                                3, 2011, Susp.
    Crystal, City of, Pembina          380082  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                16, 1981, Reg;
                                                May 3, 2011,
                                                Susp.
    Drayton, City of, Pembina          380150  April 23, 1974,    ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1980, Reg; May
                                                3, 2011, Susp.
    Drayton, Township of,              380276  October 6, 1982,   ......do..............   Do.
     Pembina County.                            Emerg; May 1,
                                                1986, Reg; May
                                                3, 2011, Susp.
    Hamilton, City of, Pembina         380084  January 21, 1976,  ......do..............   Do.
     County.                                    Emerg; February
                                                17, 1988, Reg;
                                                May 3, 2011,
                                                Susp.
    Neche, City of, Pembina            380085  October 18, 1974,  ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; May
                                                3, 2011, Susp.
    Pembina County,                    380079  May 1, 1974,       ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                19, 1987, Reg;
                                                May 3, 2011,
                                                Susp.
    Walhalla, City of, Pembina         380254  May 3, 1976,       ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1980, Reg; May
                                                3, 2011, Susp.
 

[[Page 23502]]

 
            Region X
 
Oregon:
    Ashland, City of, Jackson          410090  August 9, 1974,    ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1981, Reg; May
                                                3, 2011, Susp.
    Central Point, City of,            410092  September 18,      ......do..............   Do.
     Jackson County.                            1974, Emerg;
                                                September 30,
                                                1980, Reg; May
                                                3, 2011, Susp.
    Eagle Point, City of,              410093  June 5, 1974,      ......do..............   Do.
     Jackson County.                            Emerg; September
                                                30, 1980, Reg;
                                                May 3, 2011,
                                                Susp.
    Gold Hill, City of, Jackson        410094  August 5, 1974,    ......do..............   Do.
     County.                                    Emerg; September
                                                17, 1980, Reg;
                                                May 3, 2011,
                                                Susp.
    Jackson County,                    415589  December 31,       ......do..............   Do.
     Unincorporated Areas.                      1970, Emerg;
                                                April 1, 1982,
                                                Reg; May 3,
                                                2011, Susp.
    Jacksonville, City of,             410095  April 4, 1975,     ......do..............   Do.
     Jackson County.                            Emerg; December
                                                4, 1979, Reg;
                                                May 3, 2011,
                                                Susp.
    Medford, City of, Jackson          410096  June 7, 1974,      ......do..............   Do.
     County.                                    Emerg; April 15,
                                                1981, Reg; May
                                                3, 2011, Susp.
    Phoenix, City of, Jackson          410097  June 11, 1975,     ......do..............   Do.
     County.                                    Emerg; May 3,
                                                1982, Reg; May
                                                3, 2011, Susp.
    Rogue River, City of,              410098  May 17, 1974,      ......do..............   Do.
     Jackson County.                            Emerg; January
                                                2, 1981, Reg;
                                                May 3, 2011,
                                                Susp.
    Shady Cove, City of,               410099  August 23, 1974,   ......do..............   Do.
     Jackson County.                            Emerg; September
                                                30, 1980, Reg;
                                                May 3, 2011,
                                                Susp.
    Talent, City of, Jackson           410100  April 7, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1980, Reg;
                                                May 3, 2011,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp. --Suspension.


    Dated: April 15, 2011.
Sandra K. Knight,
Deputy Federal Insurance and
    Mitigation Administrator, Mitigation.
[FR Doc. 2011-10174 Filed 4-26-11; 8:45 am]
BILLING CODE 9110-12-P


