
[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Rules and Regulations]
[Pages 49329-49333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20279]


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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-8191]


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 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,

[[Page 49330]]

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/                           Date certain Federal
      State and location          Community    cancellation of sale    Current effective   assistance no longer
                                     No.       of flood insurance in       map date         available in SFHAs
                                                     community
----------------------------------------------------------------------------------------------------------------
          Region III
 
Virginia: Hampton, City of,           515527  March 27, 1970, Emerg;  Aug. 16, 2011.....  Aug. 16, 2011.
 Independent City.                             January 15, 1971,
                                               Reg; August 16, 2011,
                                               Susp.
           Region IV
 
Alabama: Heflin, City of,             010043  May 28, 1975, Emerg;    ......do*.........   do.
 Cleburne County.                              July 5, 1982, Reg;
                                               August 16, 2011,
                                               Susp.
Mississippi:
    Mize, Town of, Smith              280160  July 26, 1976, Emerg;   ......do..........   do.
     County.                                   January 1, 1986, Reg;
                                               August 16, 2011,
                                               Susp.
    Smith County,                     280306  June 8, 1990, Emerg;    ......do..........   do.
     Unincorporated Areas.                     July 1, 1991, Reg;
                                               August 16, 2011,
                                               Susp.
    Taylorsville, Town of,            280161  July 28, 1975, Emerg;   ......do..........   do.
     Smith County.                             June 17, 1986, Reg;
                                               August 16, 2011,
                                               Susp.
 
           Region V
 
Illinois:
    Ashkum, Village of,               170287  June 16, 1975, Emerg;   ......do..........   do.
     Iroquois County.                          April 20, 1979, Reg;
                                               August 16, 2011,
                                               Susp.
    Cissna Park, Village of,          170289  June 13, 1975, Emerg;   ......do..........   do.
     Iroquois County.                          September 29, 1986,
                                               Reg; August 16, 2011,
                                               Susp.
    Crescent City, Village of,        170291  December 26, 1974,      ......do..........   do.
     Iroquois County.                          Emerg; September 1,
                                               1987, Reg; August 16,
                                               2011, Susp.
    Gilman, City of, Iroquois         170293  July 28, 1975, Emerg;   ......do..........   do.
     County.                                   September 1, 1987,
                                               Reg; August 16, 2011,
                                               Susp.
    Iroquois, Village of,             170793  April 11, 1975, Emerg;  ......do..........   do.
     Iroquois County.                          September 4, 1985,
                                               Reg; August 16, 2011,
                                               Susp.
    Iroquois County,                  170731  December 17, 1973,      ......do..........   do.
     Unincorporated Areas.                     Emerg; September 30,
                                               1988, Reg; August 16,
                                               2011, Susp.
    Milford, Village of,              170294  April 10, 1975, Emerg;  ......do..........   do.
     Iroquois County.                          September 29, 1986,
                                               Reg; August 16, 2011,
                                               Susp.
    Thawville, Village of,            170913  January 2, 1976,        ......do..........   do.
     Iroquois County.                          Emerg; August 1,
                                               1986, Reg; August 16,
                                               2011, Susp.
    Watseka, City of, Iroquois        170297  December 10, 1974,      ......do..........   do.
     County.                                   Emerg; June 15, 1979,
                                               Reg; August 16, 2011,
                                               Susp.
    Woodland, Village of,             170819  June 25, 1975, Emerg;   ......do..........   do.
     Iroquois County.                          September 30, 1988,
                                               Reg; August 16, 2011,
                                               Susp.
Michigan:
    Alaiedon, Township of,            260670  April 9, 1976, Emerg;   ......do..........   do.
     Ingham County.                            September 28, 1979,
                                               Reg; August 16, 2011,
                                               Susp.
    Aurelius, Township of,            261321  January 4, 2011,        ......do..........   do.
     Ingham County.                            Emerg; N/A, Reg;
                                               August 16, 2011,
                                               Susp.
    Delhi, Charter Township           260088  September 15, 1975,     ......do..........   do.
     of, Ingham County.                        Emerg; July 16, 1981,
                                               Reg; August 16, 2011,
                                               Susp.
    Lansing, Charter Township         260632  August 25, 1975,        ......do..........   do.
     of, Ingham County.                        Emerg; February 4,
                                               1981, Reg; August 16,
                                               2011, Susp.
    Lansing, City of, Ingham          260090  March 9, 1973, Emerg;   ......do..........   do.
     County.                                   March 2, 1981, Reg;
                                               August 16, 2011,
                                               Susp.
    Leroy, Township of, Ingham        260906  April 19, 1993, Emerg;  ......do..........   do.
     County.                                   N/A, Reg; August 16,
                                               2011, Susp.
    Leslie, City of, Ingham           260091  July 25, 1975, Emerg;   ......do..........   do.
     County.                                   August 10, 1979, Reg;
                                               August 16, 2011,
                                               Susp.

[[Page 49331]]

 
    Locke, Township of, Ingham        260671  April 14, 1976, Emerg;  ......do..........   do.
     County.                                   August 10, 1979, Reg;
                                               August 16, 2011,
                                               Susp.
    Mason, City of, Ingham            260092  April 24, 1975, Emerg;  ......do..........   do.
     County.                                   October 15, 1982,
                                               Reg; August 16, 2011,
                                               Susp.
    Meridian, Charter Township        260093  December 30, 1971,      ......do..........   do.
     of, Ingham County.                        Emerg; February 2,
                                               1977, Reg; August 16,
                                               2011, Susp.
    Stockbridge, Township of,         261326  August 30, 2010,        ......do..........   do.
     Ingham County.                            Emerg; N/A, Reg;
                                               August 16, 2011,
                                               Susp.
    Stockbridge, Village of,          260573  January 19, 1977,       ......do..........   do.
     Ingham County.                            Emerg; September 4,
                                               1986, Reg; August 16,
                                               2011, Susp.
    Webberville, Village of,          260416  June 24, 1976, Emerg;   ......do..........   do.
     Ingham County.                            August 10, 1979, Reg;
                                               August 16, 2011,
                                               Susp.
    White Oak, Township of,           260417  April 28, 1988, Emerg;  ......do..........   do.
     Ingham County.                            July 16, 1990, Reg;
                                               August 16, 2011,
                                               Susp.
    Williamston, City of,             260094  July 24, 1975, Emerg;   ......do..........   do.
     Ingham County.                            April 1, 1982, Reg;
                                               August 16, 2011,
                                               Susp.
    Williamstown, Township of,        260095  January 27, 1977,       ......do..........   do.
     Ingham County.                            Emerg; April 15,
                                               1982, Reg; August 16,
                                               2011, Susp.
Minnesota:
    Benton County,                    270019  August 13, 1974,        ......do..........   do.
     Unincorporated Areas.                     Emerg; January 2,
                                               1981, Reg; August 16,
                                               2011, Susp.
    Foley, City of, Benton            270020  May 2, 1974, Emerg;     ......do..........   do.
     County.                                   September 18, 1985,
                                               Reg; August 16, 2011,
                                               Susp.
    Royalton, City of, Benton         270303  April 5, 1974, Emerg;   ......do..........   do.
     County.                                   March 28, 1980, Reg;
                                               August 16, 2011,
                                               Susp.
    Sartell, City of, Benton          270460  July 5, 1974, Emerg;    ......do..........   do.
     County.                                   February 15, 1980,
                                               Reg; August 16, 2011,
                                               Susp.
    Sauk Rapids, City of,             270023  June 18, 1973, Emerg;   ......do..........   do.
     Benton County.                            October 14, 1977,
                                               Reg; August 16, 2011,
                                               Susp.
    St. Cloud, City of, Benton        270456  March 31, 1972, Emerg;  ......do..........   do.
     County.                                   April 1, 1977, Reg;
                                               August 16, 2011,
                                               Susp.
Ohio:
    Berkey, Village of, Lucas         390901  N/A, Emerg; March 8,    ......do..........   do.
     County.                                   2005, Reg; August 16,
                                               2011, Susp.
    Byesville, Village of,            390199  June 17, 1975, Emerg;   ......do..........   do.
     Guernsey County.                          February 17, 1989,
                                               Reg; August 16, 2011,
                                               Susp.
    Cumberland, Village of,           390824  October 26, 1988,       ......do..........   do.
     Guernsey County.                          Emerg; February 17,
                                               1989, Reg; August 16,
                                               2011, Susp.
    Harbor View, Village of,          390702  October 8, 1976,        ......do..........   do.
     Lucas County.                             Emerg; May 25, 1978,
                                               Reg; August 16, 2011,
                                               Susp.
    Holland, Village of, Lucas        390659  March 13, 1975, Emerg;  ......do..........   do.
     County.                                   September 22, 1978,
                                               Reg; August 16, 2011,
                                               Susp.
    Lore City, Village of,            390202  March 25, 1976, Emerg;  ......do..........   do.
     Guernsey County.                          February 17, 1989,
                                               Reg; August 16, 2011,
                                               Susp.
    Lucas County,                     390359  March 9, 1977, Emerg;   ......do..........   do.
     Unincorporated Areas.                     March 16, 1983, Reg;
                                               August 16, 2011,
                                               Susp.
    Maumee, City of, Lucas            390360  July 25, 1975, Emerg;   ......do..........   do.
     County.                                   March 28, 1980, Reg;
                                               August 16, 2011,
                                               Susp.
    Oregon, City of, Lucas            390361  March 16, 1973, Emerg;  ......do..........   do.
     County.                                   March 15, 1978, Reg;
                                               August 16, 2011,
                                               Susp.
    Ottawa Hills, Village of,         390362  October 24, 1975,       ......do..........   do.
     Lucas County.                             Emerg; June 4, 1980,
                                               Reg; August 16, 2011,
                                               Susp.
    Pleasant City, Village of,        390203  April 7, 1976, Emerg;   ......do..........   do.
     Guernsey County.                          January 5, 1979, Reg;
                                               August 16, 2011,
                                               Susp.
    Quaker City, Village of,          390853  August 28, 1980,        ......do..........   do.
     Guernsey County.                          Emerg; February 17,
                                               1989, Reg; August 16,
                                               2011, Susp.
    Sencecaville, Village of,         390858  September 15, 1989,     ......do..........   do.
     Guernsey County.                          Emerg; September 15,
                                               1989, Reg; August 16,
                                               2011, Susp.
    Swanton, Village of, Lucas        390632  N/A, Emerg; April 9,    ......do..........   do.
     County.                                   1996, Reg; August 16,
                                               2011, Susp.
    Sylvania, City of, Lucas          390364  February 18, 1972,      ......do..........   do.
     County.                                   Emerg; July 5, 1977,
                                               Reg; August 16, 2011,
                                               Susp.
    Toledo, City of, Lucas            395373  December 18, 1970,      ......do..........   do.
     County.                                   Emerg; June 4, 1980,
                                               Reg; August 16, 2011,
                                               Susp.
    Waterville, Village of,           390637  April 9, 1975, Emerg;   ......do..........   do.
     Lucas County.                             January 2, 1981, Reg;
                                               August 16, 2011,
                                               Susp.
    Whitehouse, Village of,           390639  August 27, 1975,        ......do..........   do.
     Lucas County.                             Emerg; May 19, 1981,
                                               Reg; August 16, 2011,
                                               Susp.
Wisconsin:

[[Page 49332]]

 
    Lincoln County,                   550585  March 8, 1976, Emerg;   ......do..........   do.
     Unincorporated Areas.                     February 19, 1986,
                                               Reg; August 16, 2011,
                                               Susp.
    Merrill, City of, Lincoln         555565  April 9, 1971, Emerg;   ......do..........   do.
     County.                                   July 20, 1973, Reg;
                                               August 16, 2011,
                                               Susp.
    Tomahawk, City of, Lincoln        550235  November 29, 1974,      ......do..........   do.
     County.                                   Emerg; September 4,
                                               1985, Reg; August 16,
                                               2011, Susp.
 
           Region VI
 
Texas:
    Brenham, City of,                 480648  December 31, 1974,      ......do..........   do.
     Washington County.                        Emerg; August 17,
                                               1981, Reg; August 16,
                                               2011, Susp.
    Huntsville, City of,              480639  January 20, 1975,       ......do..........   do.
     Walker County.                            Emerg; February 4,
                                               1981, Reg; August 16,
                                               2011, Susp.
    Montague County,                  480939  August 30, 1982,        ......do..........   do.
     Unincorporated Areas.                     Emerg; January 17,
                                               1991, Reg; August 16,
                                               2011, Susp.
    Nocona, City of, Montague         480482  July 22, 1975, Emerg;   ......do..........   do.
     County.                                   November 21, 1978,
                                               Reg; August 16, 2011,
                                               Susp.
    Paris, City of, Lamar             480427  February 25, 1972,      ......do..........   do.
     County.                                   Emerg; December 15,
                                               1983, Reg; August 16,
                                               2011, Susp.
    Reno, City of, Lamar              481254  January 9, 1980,        ......do..........   do.
     County.                                   Emerg; September 28,
                                               1982, Reg; August 16,
                                               2011, Susp.
    Riverside, City of, Walker        481044  June 28, 2000, Emerg;   ......do..........   do.
     County.                                   November 1, 2007,
                                               Reg; August 16, 2011,
                                               Susp.
    Walker County,                    481042  August 18, 1978,        ......do..........   do.
     Unincorporated Areas.                     Emerg; May 1, 1987,
                                               Reg; August 16, 2011,
                                               Susp.
    Washington County,                481188  January 16, 2001,       ......do..........   do.
     Unincorporated Areas.                     Emerg; December 1,
                                               2007, Reg; August 16,
                                               2011, Susp.
 
          Region VII
 
Iowa:
    Elgin, City of, Fayette           190125  June 18, 1975, Emerg;   ......do..........   do.
     County.                                   August 4, 1987, Reg;
                                               August 16, 2011,
                                               Susp.
    Fayette County,                   190866  November 27, 1990,      ......do..........   do.
     Unincorporated Areas.                     Emerg; July 1, 1991,
                                               Reg; August 16, 2011,
                                               Susp.
    Fayette, City of, Fayette         190376  April 27, 1978, Emerg;  ......do..........   do.
     County.                                   September 1, 1987,
                                               Reg; August 16, 2011,
                                               Susp.
    Maynard, City of, Fayette         190377  September 29, 1976,     ......do..........   do.
     County.                                   Emerg; August 1,
                                               1986, Reg; August 16,
                                               2011, Susp.
    Oelwein, City of, Fayette         190126  October 14, 1975,       ......do..........   do.
     County.                                   Emerg; July 4, 1988,
                                               Reg; August 16, 2011,
                                               Susp.
    Waucoma, City of, Fayette         190381  July 15, 1983, Emerg;   ......do..........   do.
     County.                                   September 29, 1986,
                                               Reg; August 16, 2011,
                                               Susp.
    What Cheer, City of,              190179  January 28, 1976,       ......do..........   do.
     Keokuk County.                            Emerg; August 1,
                                               1987, Reg; August 16,
                                               2011, Susp.
Nebraska:
    Butler County,                    310025  October 29, 1998,       ......do..........   do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               August 16, 2011,
                                               Susp.
    Bruno, Village of, Butler         310027  June 4, 1975, Emerg;    ......do..........   do.
     County.                                   January 1, 1987, Reg;
                                               August 16, 2011,
                                               Susp.
    Linwood, Village of,              310028  May 25, 1976, Emerg;    ......do..........   do.
     Butler County.                            January 1, 1987, Reg;
                                               August 16, 2011,
                                               Susp.
    Surprise, Village of,             310408  July 22, 2009, Emerg;   ......do..........   do.
     Butler County.                            N/A, Reg; August 16,
                                               2011, Susp.
    Ulysses, Village of,              310029  May 6, 1975, Emerg;     ......do..........   do.
     Butler County.                            October 31, 1983,
                                               Reg; August 16, 2011,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 49333]]

    Dated: July 29, 2011
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-20279 Filed 8-9-11; 8:45 am]
BILLING CODE 9110-12-P


