
[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Rules and Regulations]
[Pages 26938-26941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11301]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8179]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

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

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

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Mitigation Directorate, 
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 
20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
flood insurance which is generally not otherwise available. In return, 
communities agree to adopt and administer local floodplain management 
aimed at protecting lives and new construction from future flooding. 
Section 1315 of the National Flood Insurance Act of 1968, as amended, 
42 U.S.C. 4022, prohibits flood insurance coverage as authorized under 
the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body 
adopts adequate floodplain management measures with effective 
enforcement measures. The communities listed in this document no longer 
meet that statutory requirement for compliance with program 
regulations, 44 CFR part 59. Accordingly, the communities will be 
suspended on the effective date in the third column. As of that date, 
flood insurance will no longer be available in the community. However, 
some of these communities may adopt and submit the required 
documentation of legally enforceable floodplain management measures 
after this rule is published but prior to the actual suspension date. 
These communities will not be suspended and will continue their 
eligibility for the sale of insurance. A notice withdrawing the 
suspension of the communities will be published in the Federal 
Register.
    In addition, FEMA has identified the Special Flood Hazard Areas 
(SFHAs) in these communities by publishing a Flood Insurance Rate Map 
(FIRM). The date of the FIRM, if one has been published, is indicated 
in the fourth column of the table. No direct Federal

[[Page 26939]]

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 III
 
Maryland:
    Brookview, Town of,                240097  March 17, 1976,    May 24, 2011..........  May 24, 2011
     Dorchester County.                         Emerg; January
                                                7, 1977, Reg;
                                                May 24, 2011,
                                                Susp.
    Cambridge, City of,                240098  August 12, 1975,   *......do.............   do.
     Dorchester County.                         Emerg; January
                                                16, 1981, Reg;
                                                May 24, 2011,
                                                Susp.
    Church Creek, Town of,             240101  N/A, Emerg; July   ......do..............   do.
     Dorchester County.                         25, 1995, Reg;
                                                May 24, 2011,
                                                Susp.
    Dorchester County,                 240026  January 23, 1974,  ......do..............   do.
     Unincorporated Areas.                      Emerg; October
                                                15, 1981, Reg;
                                                May 24, 2011,
                                                Susp.
    Eldorado, Town of,                 240105  November 11,       ......do..............   do.
     Dorchester County.                         1975, Emerg;
                                                December 15,
                                                1978, Reg; May
                                                24, 2011, Susp.
    Galestown, Town of,                240106  June 2, 2004,      ......do..............   do.
     Dorchester County.                         Emerg; May 24,
                                                2011, Reg; May
                                                24, 2011, Susp.
    Secretary, Town of,                240123  June 13, 1975,     ......do..............   do.
     Dorchester County.                         Emerg; December
                                                19, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Vienna, Town of, Dorchester        240127  December 12,       ......do..............   do.
     County.                                    1975, Emerg;
                                                December 15,
                                                1978, Reg; May
                                                24, 2011, Susp.
 
           Region IV
 
Kentucky:
    Arlington, City of,                210043  September 22,      ......do..............   do.
     Carlisle County.                           1980, Emerg;
                                                July 2, 1987,
                                                Reg; May 24,
                                                2011, Susp.
    Bardstown, City of, Nelson         210178  August 8, 1975,    ......do..............   do.
     County.                                    Emerg; November
                                                19, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Bardwell, City of, Carlisle        210044  September 3,       ......do..............   do.
     County.                                    1980, Emerg;
                                                August 1, 1986,
                                                Reg; May 24,
                                                2011, Susp.
    Bloomfield, City of, Nelson        210179  August 8, 1975,    ......do..............   do.
     County.                                    Emerg; June 4,
                                                1980, Reg; May
                                                24, 2011, Susp.
    Campbellsville, City of,           210213  December 17,       ......do..............   do.
     Taylor County.                             1975, Emerg;
                                                August 5, 1986,
                                                Reg; May 24,
                                                2011, Susp.
    Estill County,                     210279  February 4, 2002,  ......do..............   do.
     Unincorporated Areas.                      Emerg; May 24,
                                                2011, Reg; May
                                                24, 2011, Susp.
    Fulton, City of, Fulton            210076  May 30, 1975,      ......do..............   do.
     County.                                    Emerg; August 1,
                                                1980, Reg; May
                                                24, 2011, Susp.

[[Page 26940]]

 
    Fulton County,                     210336  December 17,       ......do..............   do.
     Unincorporated Areas.                      2004, Emerg; May
                                                24, 2011, Reg;
                                                May 24, 2011,
                                                Susp.
    Hickman, City of, Fulton           210077  July 13, 1979,     ......do..............   do.
     County.                                    Emerg; July 16,
                                                1987, Reg; May
                                                24, 2011, Susp.
    Irvine, City of, Estill            210064  July 30, 1975,     ......do..............   do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                May 24, 2011,
                                                Susp.
    Nelson County,                     210177  July 21, 1975,     ......do..............   do.
     Unincorporated Areas.                      Emerg; November
                                                5, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    New Haven, City of, Nelson         210180  August 8, 1975,    ......do..............   do.
     County.                                    Emerg; November
                                                5, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Ravenna, City of, Estill           210319  May 19, 1976,      ......do..............   do.
     County.                                    Emerg; September
                                                18, 1985, Reg;
                                                May 24, 2011,
                                                Susp.
    Taylor County,                     210212  January 7, 1991,   ......do..............   do.
     Unincorporated Areas.                      Emerg; February
                                                6, 1991, Reg;
                                                May 24, 2011,
                                                Susp.
Mississippi:
    Grenada, City of, Grenada          280061  June 7, 1973,      ......do..............   do.
     County.                                    Emerg; March 1,
                                                1979, Reg; May
                                                24, 2011, Susp.
    Grenada County,                    280060  January 28, 1974,  ......do..............   do.
     Unincorporated Areas.                      Emerg; December
                                                1, 1978, Reg;
                                                May 24, 2011,
                                                Susp.
South Carolina:
     Dillon, Town of, Dillon           450065  July 18, 1985,     ......do..............   do.
     County.                                    Emerg; July 1,
                                                1991, Reg; May
                                                24, 2011, Susp.
    Dillon County,                     450064  N/A, Emerg; April  ......do..............   do.
     Unincorporated Areas.                      8, 2008, Reg;
                                                May 24, 2011,
                                                Susp.
    Lake View, Town of, Dillon         450066  July 29, 1975,     ......do..............   do.
     County.                                    Emerg; March 2,
                                                1989, Reg; May
                                                24, 2011, Susp.
    Latta, Town of, Dillon             450067  October 29, 1974,  ......do..............   do.
     County.                                    Emerg; July 3,
                                                1986, Reg; May
                                                24, 2011, Susp.
 
            Region V
 
Illinois:
    Arthur, Village of, Douglas        170520  September 2,       ......do..............   do.
     and Moultrie Counties.                     1975, Emerg;
                                                December 2,
                                                1988, Reg; May
                                                24, 2011, Susp.
    Atwood, Village of, Douglas        170543  March 3, 1976,     ......do..............   do.
     and Piatt Counties.                        Emerg; May 25,
                                                1978, Reg; May
                                                24, 2011, Susp.
    Douglas County,                    170194  N/A, Emerg; May    ......do..............   do.
     Unincorporated Areas.                      17, 1995, Reg;
                                                May 24, 2011,
                                                Susp.
    Newman, City of, Douglas           170769  April 8, 2009,     ......do..............   do.
     County.                                    Emerg; May 24,
                                                2011, Reg; May
                                                24, 2011, Susp.
    Tuscola, City of, Douglas          170195  October 17, 1975,  ......do..............   do.
     County.                                    Emerg; April 1,
                                                1982, Reg; May
                                                24, 2011, Susp.
    Villa Grove, City of,              170196  February 27,       ......do..............   do.
     Douglas County.                            1975, Emerg;
                                                February 1,
                                                1979, Reg; May
                                                24, 2011, Susp.
 
           Region VII
 
Missouri:
    Everton, City of, Dade             290589  August 13, 1976,   ......do..............   do.
     County.                                    Emerg; August 1,
                                                1986, Reg; May
                                                24, 2011, Susp.
 
          Region VIII
 
North Dakota:
    Jamestown, City of,                385366  March 19, 1971,    ......do..............   do.
     Stutsman County.                           Emerg; May 26,
                                                1972, Reg; May
                                                24, 2011, Susp.
    Kensal, City of, Stutsman          380123  January 21, 1976,  ......do..............   do.
     County.                                    Emerg; November
                                                20, 1979, Reg;
                                                May 24, 2011,
                                                Susp.
    Stutsman County,                   380119  February 23,       ......do..............   do.
     Unincorporated Areas.                      2010, Emerg; May
                                                24, 2011, Reg;
                                                May 24, 2011,
                                                Susp.
Utah:
    Cache County,                      490012  February 12,       ......do..............   do.
     Unincorporated Areas.                      1980, Emerg;
                                                February 1,
                                                1987, Reg; May
                                                24, 2011, Susp.
    Clarkston, Town of, Cache          490014  August 23, 1976,   ......do..............   do.
     County.                                    Emerg; August
                                                19, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Hyde Park, Town of, Cache          490016  March 10, 1975,    ......do..............   do.
     County.                                    Emerg; July 29,
                                                1980, Reg; May
                                                24, 2011, Susp.
    Lewiston, City of, Cache           490018  June 29, 1976,     ......do..............   do.
     County.                                    Emerg; July 29,
                                                1980, Reg; May
                                                24, 2011, Susp.
    Logan, City of, Cache              490019  November 26,       ......do..............   do.
     County.                                    1974, Emerg;
                                                September 28,
                                                1984, Reg; May
                                                24, 2011, Susp.
    Mendon, City of, Cache             490020  August 4, 1976,    ......do..............   do.
     County.                                    Emerg; July 22,
                                                1980, Reg; May
                                                24, 2011, Susp.

[[Page 26941]]

 
    Millville, Town of, Cache          490021  March 13, 1985,    ......do..............   do.
     County.                                    Emerg; May 24,
                                                2011, Reg; May
                                                24, 2011, Susp.
    Newton, Town of, Cache             490022  November 15,       ......do..............   do.
     County.                                    1976, Emerg;
                                                July 22, 1980,
                                                Reg; May 24,
                                                2011, Susp.
    Nibley, Town of, Cache             490023  March 24, 1975,    ......do..............   do.
     County.                                    Emerg; August 5,
                                                1986, Reg; May
                                                24, 2011, Susp.
    North Logan, City of, Cache        490024  September 26,      ......do..............   do.
     County.                                    1974, Emerg;
                                                March 18, 1986,
                                                Reg; May 24,
                                                2011, Susp.
    Providence, City of, Cache         490226  May 2, 1975,       ......do..............   do.
     County.                                    Emerg; February
                                                2, 1984, Reg;
                                                May 24, 2011,
                                                Susp.
    River Heights, City of,            490240  May 12, 2009,      ......do..............   do.
     Cache County.                              Emerg; May 24,
                                                2011, Reg; May
                                                24, 2011, Susp.
    Smithfield, City of, Cache         490029  December 18,       ......do..............   do.
     County.                                    1974, Emerg;
                                                March 18, 1986,
                                                Reg; May 24,
                                                2011, Susp.
    Wellsville, City of, Cache         490031  July 18, 1975,     ......do..............   do.
     County.                                    Emerg; July 29,
                                                1980, Reg; May
                                                24, 2011, Susp.
 
            Region X
 
Idaho:
    Caldwell, City of, Canyon          160036  May 2, 1975,       ......do..............   do.
     County.                                    Emerg; September
                                                3, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Canyon County,                     160208  June 17, 1975,     ......do..............   do.
     Unincorporated Areas.                      Emerg; September
                                                28, 1984, Reg;
                                                May 24, 2011,
                                                Susp.
    Middleton, City of, Canyon         160037  May 22, 1975,      ......do..............   do.
     County.                                    Emerg; September
                                                3, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Nampa, City of, Canyon             160038  May 20, 1975,      ......do..............   do.
     County.                                    Emerg; September
                                                28, 1984, Reg;
                                                May 24, 2011,
                                                Susp.
    Notus, City of, Canyon             160147  October 4, 1976,   ......do..............   do.
     County.                                    Emerg; March 18,
                                                1980, Reg; May
                                                24, 2011, Susp.
    Parma, City of, Canyon             160039  July 27, 1976,     ......do..............   do.
     County.                                    Emerg; September
                                                30, 1980, Reg;
                                                May 24, 2011,
                                                Susp.
    Star, City of, Ada and             160236  N/A, Emerg;        ......do..............   do.
     Canyon Counties.                           September 6,
                                                2002, Reg; May
                                                24, 2011, Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: April 26, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-11301 Filed 5-9-11; 8:45 am]
BILLING CODE 9110-12-P


