
[Federal Register Volume 76, Number 145 (Thursday, July 28, 2011)]
[Rules and Regulations]
[Pages 45200-45203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19044]


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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-8189]


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 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

[[Page 45201]]

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     Date certain  Federal
       State and location             No.        sale of flood           map date          assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
           Region III
 
Maryland: Baltimore County,            240010  March 24, 1972,    Aug. 2, 2011..........  Aug. 2, 2011.
 Unincorporated Areas.                          Emerg; March 2,
                                                1981, Reg;
                                                August 2, 2011,
                                                Susp.
 
           Region IV
 
Kentucky:
    Midway, City of, Woodford          210477  N/A, Emerg;        ......do*.............   Do.
     County.                                    September 17,
                                                2008, Reg;
                                                August 2, 2011,
                                                Susp.
    Versailles, City of,               210231  April 21, 1989,    ......do..............   Do.
     Woodford County...                         Emerg; May 1,
                                                1990, Reg;
                                                August 2, 2011,
                                                Susp.
    Woodford County,                   210230  March 30, 1973,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 1,
                                                1978, Reg;
                                                August 2, 2011,
                                                Susp.
Mississippi:
    Attala County,                     280301  April 23, 1979,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 1,
                                                1988, Reg;
                                                August 2, 2011,
                                                Susp.
    Ethel, Town of, Attala             280006  December 1, 2008,  ......do..............   Do.
     County.                                    Emerg; October
                                                6, 2009, Reg;
                                                August 2, 2011,
                                                Susp.
    Kosciusko, City of, Attala         280007  November 15,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 2, 1979,
                                                Reg; August 2,
                                                2011, Susp.
    McCool, Town of, Attala            280008  July 23, 2009,     ......do..............   Do.
     County.                                    Emerg; N/A, Reg;
                                                August 2, 2011,
                                                Susp.
South Carolina:
    Lockhart, Township of,             450241  April 8, 1987,     ......do..............   Do.
     Union County..                             Emerg; February
                                                1, 1991, Reg;
                                                August 2, 2011,
                                                Susp.

[[Page 45202]]

 
    1Union, City of, Union             450186  June 19, 1975,     ......do..............   Do.
     County..                                   Emerg; July 16,
                                                1981, Reg;
                                                August 2, 2011,
                                                Susp.
 
            Region V
 
Illinois:
    Abingdon, City of, Knox            170348  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                6, 1984, Reg;
                                                August 2, 2011,
                                                Susp.
    Buda, Village of, Bureau           171011  July 21, 1983,     ......do..............   Do.
     County.                                    Emerg; July 21,
                                                1983, Reg;
                                                August 2, 2011,
                                                Susp.
    Bureau County,                     170729  July 25, 1973,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1984, Reg;
                                                August 2, 2011,
                                                Susp.
    Cherry, Village of, Bureau         170011  September 20,      ......do..............   Do.
     County.                                    1976, Emerg;
                                                January 14,
                                                1983, Reg;
                                                August 2, 2011,
                                                Susp.
    Dalzell, Village of, Bureau        170851  February 20,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                September 24,
                                                1984, Reg;
                                                August 2, 2011,
                                                Susp.
    DePue, Village of, Bureau          170012  August 13, 1974,   ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1985, Reg;
                                                August 2, 2011,
                                                Susp.
    Galesburg, City of, Knox           170349  April 3, 1975,     ......do..............   Do.
     County.                                    Emerg; June 19,
                                                1985, Reg;
                                                August 2, 2011,
                                                Susp.
    Knox County, Unincorporated        170914  January 6, 1976,   ......do..............   Do.
     Areas.                                     Emerg; August
                                                24, 1984, Reg;
                                                August 2, 2011,
                                                Susp.
    Knoxville, City of, Knox           170350  July 16, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                27, 1984, Reg;
                                                August 2, 2011,
                                                Susp.
    London Mills, Village of,          170763  January 7, 1976,   ......do..............   Do.
     Knox County.                               Emerg; October
                                                15, 1982, Reg;
                                                August 2, 2011,
                                                Susp.
    Manlius, Village of, Bureau        170013  October 1, 1975,   ......do..............   Do.
     County.                                    Emerg; January
                                                28, 1983, Reg;
                                                August 2, 2011,
                                                Susp.
    Princeton, City of, Bureau         170014  March 24, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                August 2, 2011,
                                                Susp.
    Spring Valley, City of,            170015  April 28, 1975,    ......do..............   Do.
     Bureau County.                             Emerg; September
                                                18, 1985, Reg;
                                                August 2, 2011,
                                                Susp.
    Tiskilwa, Village of,              170016  September 8,       ......do..............   Do.
     Bureau County.                             1975, Emerg;
                                                August 19, 1985,
                                                Reg; August 2,
                                                2011, Susp.
    Walnut, Village of, Bureau         170017  April 14, 1975,    ......do..............   Do.
     County.                                    Emerg; March 15,
                                                1984, Reg;
                                                August 2, 2011,
                                                Susp.
Indiana:
    Bristol, Town of, Elkhart          180060  July 11, 1975,     ......do..............   Do.
     County.                                    Emerg; April 16,
                                                1979, Reg;
                                                August 2, 2011,
                                                Susp.
    Elkhart, City of, Elkhart          180057  February 9, 1973,  ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1979, Reg;
                                                August 2, 2011,
                                                Susp.
    Elkhart County,                    180056  February 9, 1973,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1979, Reg;
                                                August 2, 2011,
                                                Susp.
    Goshen, City of, Elkhart           180058  March 30, 1973,    ......do..............   Do.
     County.                                    Emerg; August 1,
                                                1979, Reg;
                                                August 2, 2011,
                                                Susp.
    Middlebury, Town of,               180460  August 17, 1983,   ......do..............   Do.
     Elkhart County.                            Emerg; August
                                                17, 1983, Reg;
                                                August 2, 2011,
                                                Susp.
    Nappanee, City of, Elkhart         180059  May 30, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                15, 1983, Reg;
                                                August 2, 2011,
                                                Susp.
Ohio:
    Covington, Village of,             390399  July 24, 1975,     ......do..............   Do.
     Miami County.                              Emerg; September
                                                2, 1982, Reg;
                                                August 2, 2011,
                                                Susp.
    Fletcher, Village of, Miami        390900  N/A, Emerg;        ......do..............   Do.
     County.                                    September 4,
                                                1996, Reg;
                                                August 2, 2011,
                                                Susp.
    Laura, Village of, Miami           390835  N/A, Emerg; May    ......do..............   Do.
     County.                                    11, 1995, Reg;
                                                August 2, 2011,
                                                Susp.
    Miami County,                      390398  April 1, 1976,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                19, 1983, Reg;
                                                August 2, 2011,
                                                Susp.
    Piqua, City of, Miami              390400  May 27, 1975,      ......do..............   Do.
     County.                                    Emerg; November
                                                9, 1979, Reg;
                                                August 2, 2011,
                                                Susp.
    Troy, City of, Miami County        390402  March 12, 1975,    ......do..............   Do.
                                                Emerg; June 15,
                                                1979, Reg;
                                                August 2, 2011,
                                                Susp.
    West Milton, Village of,           390403  June 24, 1975,     ......do..............   Do.
     Miami County.                              Emerg; June 15,
                                                1979, Reg;
                                                August 2, 2011,
                                                Susp.
Wisconsin:
    Cleveland, Village of,             550237  September 7,       ......do..............   Do.
     Manitowoc County.                          1973, Emerg; May
                                                15, 1978, Reg;
                                                I>August 2,
                                                2011, Susp.
    Kiel, City of, Manitowoc           550239  July 10, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                3, 1985, Reg;
                                                August 2, 2011,
                                                Susp.
    Manitowoc, City of,                550240  May 21, 1971,      ......do..............   Do.
     Manitowoc County.                          Emerg; April 15,
                                                1977, Reg;
                                                August 2, 2011,
                                                Susp.

[[Page 45203]]

 
    Manitowoc County,                  550236  July 18, 1973,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                15, 1978, Reg;
                                                August 2, 2011,
                                                Susp.
    Mishicot, Village of,              555566  April 9, 1971,     ......do..............   Do.
     Manitowoc County.                          Emerg; May 13,
                                                1972, Reg;
                                                August 2, 2011,
                                                Susp.
    Reedsville, Village of,            550242  June 23, 1975,     ......do..............   Do.
     Manitowoc County.                          Emerg; September
                                                30, 1988, Reg;
                                                August 2, 2011,
                                                Susp.
    Two Rivers, City of,               550243  August 22, 1973,   ......do..............   Do.
     Manitowoc County.                          Emerg; April 3,
                                                1978, Reg;
                                                August 2, 2011,
                                                Susp.
 
           Region VI
 
Arkansas:
    Charleston, City of,               050080  May 19, 1975,      ......do..............   Do.
     Franklin County.                           Emerg; November
                                                15, 1985, Reg;
                                                August 2, 2011,
                                                Susp.
    Franklin County,                   050432  July 15, 1987,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 17,
                                                1997, Reg;
                                                August 2, 2011,
                                                Susp.
 
           Region VII
 
Iowa:
    Burlington, City of, Des           190114  April 15, 1975,    ......do..............   Do.
     Moines County.                             Emerg; July 2,
                                                1981, Reg;
                                                August 2, 2011,
                                                Susp.
    Des Moines County,                 190113  N/A, Emerg; July   ......do..............   Do.
     Unincorporated Areas..                     20, 1993, Reg;
                                                August 2, 2011,
                                                Susp.
    Iowa County, Unincorporated        190878  June 9, 2008,      ......do..............   Do.
     Areas..                                    Emerg; May 1,
                                                2011, Reg;
                                                August 2, 2011,
                                                Susp.
    Ladora, City of, Iowa              190425  July 14, 2010,     ......do..............   Do.
     County..                                   Emerg; May 1,
                                                2011, Reg;
                                                August 2, 2011,
                                                Susp.
    Marengo, City of, Iowa             190157  September 4,       ......do..............   Do.
     County..                                   1974, Emerg;
                                                January 16,
                                                1980, Reg;
                                                August 2, 2011,
                                                Susp.
    Victor, City of, Iowa              190426  June 14, 1976,     ......do..............   Do.
     County..                                   Emerg; August 1,
                                                1986, Reg;
                                                August 2, 2011,
                                                Susp.
    Williamsburg, City of, Iowa        190427  November 15,       ......do..............   Do.
     County..                                   1976, Emerg;
                                                September 6,
                                                1989, Reg;
                                                August 2, 2011,
                                                Susp.
Missouri:
    Perry County,                      290280  April 6, 1982,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                6, 1988, Reg;
                                                August 2, 2011,
                                                Susp.
    Perryville, City of, Perry         290282  July 29, 1975,     ......do..............   Do.
     County..                                   Emerg; August 4,
                                                1983, Reg;
                                                August 2, 2011,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: July 13, 2011.
Edward L. Connor,
Acting Federal Insurance and Mitigation Administrator, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-19044 Filed 7-27-11; 8:45 am]
BILLING CODE 9110-12-P


