
[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Rules and Regulations]
[Pages 56117-56120]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23219]


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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-8195]


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 56118]]

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 I
 
Connecticut:
    East Hartford, Town of,           090026  December 29, 1972,  Sept. 16, 2011          Sept. 16, 2011
     Hartford County.                          Emerg; December
                                               18, 1979, Reg;
                                               September 16,
                                               2011, Susp.
    Hartford, City of,                095080  June 30, 1970,      ......do..............   Do.
     Hartford County.                          Emerg; April 28,
                                               1972, Reg;
                                               September 16,
                                               2011, Susp.
 
           Region IV
 
Alabama:
    Albertville, City of,             010366  October 13, 1976,   ......do..............   Do.
     Marshall County.                          Emerg; September
                                               4, 1985, Reg;
                                               September 16,
                                               2011, Susp.
    Arab, City of, Marshall           010345  March 21, 1977,     ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1987, Reg;
                                               September 16,
                                               2011, Susp.
    Grant, Town of, Marshall          010282  N/A, Emerg; June    ......do..............   Do.
     County.                                   11, 2009, Reg;
                                               September 16,
                                               2011, Susp.
    Guntersville, City of,            010311  May 5, 1975,        ......do..............   Do.
     Marshall County.                          Emerg; August 19,
                                               1991, Reg;
                                               September 16,
                                               2011, Susp.
    Haleyville, City of,              010303  October 23, 1975,   ......do..............   Do.
     Winston County.                           Emerg; June 25,
                                               1976, Reg;
                                               September 16,
                                               2011, Susp.
    Marshall County,                  010275  N/A, Emerg; June    ......do..............   Do.
     Unincorporated Areas.                     4, 1991, Reg;
                                               September 16,
                                               2011, Susp.
    Winston County,                   010304  January 14, 1991,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               1, 1991, Reg;
                                               September 16,
                                               2011, Susp.
Mississippi:
    Carthage, City of, Leake          280097  October 18, 1974,   ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1985, Reg;
                                               September 16,
                                               2011, Susp.

[[Page 56119]]

 
    Leake County,                     280293  April 23, 1979,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               15, 1989, Reg;
                                               September 16,
                                               2011, Susp.
    Pearl River Valley Water          280338  N/A, Emerg; March   ......do..............   Do.
     Supply District, Leake                    5, 1993, Reg;
     County.                                   September 16,
                                               2011, Susp.
    Walnut Grove, Town of,            280098  November 1, 2010,   ......do..............   Do.
     Leake County.                             Emerg; N/A, Reg;
                                               September 16,
                                               2011, Susp.
South Carolina:
    Cheraw, Town of,                  450050  March 21, 1974,     ......do..............   Do.
     Chesterfield County.                      Emerg; September
                                               29, 1978, Reg;
                                               September 16,
                                               2011, Susp.
    Cherokee County,                  450045  October 21, 1981,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               21, 1981, Reg;
                                               September 16,
                                               2011, Susp.
    Chester, City of, Chester         450048  July 7, 1975,       ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1982, Reg;
                                               September 16,
                                               2011, Susp.
    Chester County,                   450047  August 20, 1975,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 5,
                                               1982, Reg;
                                               September 16,
                                               2011, Susp.
    Chesterfield County,              450228  December 15, 1986,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               6, 1991, Reg;
                                               September 16,
                                               2011, Susp.
    Gaffney, City of, Cherokee        450046  February 11, 1974,  ......do..............   Do.
     County.                                   Emerg; August 3,
                                               1981, Reg;
                                               September 16,
                                               2011, Susp.
    Great Falls, Town of,             450049  May 27, 1975,       ......do..............   Do.
     Chester County.                           Emerg; June 25,
                                               1976, Reg;
                                               September 16,
                                               2011, Susp.
    Newberry, City of,                450153  November 27, 1974,  ......do..............   Do.
     Newberry County.                          Emerg; June 4,
                                               1980, Reg;
                                               September 16,
                                               2011, Susp.
    Newberry County,                  450224  July 2, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               15, 1990, Reg;
                                               September 16,
                                               2011, Susp.
    Whitmire, Town of,                450156  July 7, 1975,       ......do..............   Do.
     Newberry County.                          Emerg; February
                                               1, 1991, Reg;
                                               September 16,
                                               2011, Susp.
 
           Region V
 
Wisconsin:
    Balsam Lake, Village of,          550333  April 30, 1975,     ......do..............   Do.
     Polk County.                              Emerg; July 1,
                                               1988, Reg;
                                               September 16,
                                               2011, Susp.
    Frederic, Village of, Polk        550334  March 24, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1986, Reg;
                                               September 16,
                                               2011, Susp.
    Luck, Village of, Polk            550335  April 16, 1975,     ......do..............   Do.
     County.                                   Emerg; July 2,
                                               1987, Reg;
                                               September 16,
                                               2011, Susp.
    Osceola, Village of, Polk         550336  August 20, 1974,    ......do..............   Do.
     County.                                   Emerg; January 5,
                                               1984, Reg;
                                               September 16,
                                               2011, Susp.
    Polk County,                      550577  April 22, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 4,
                                               1990, Reg;
                                               September 16,
                                               2011, Susp.
    Saint Croix Falls, City           550337  July 18, 1975,      ......do..............   Do.
     of, Polk County.                          Emerg; May 1,
                                               1987, Reg;
                                               September 16,
                                               2011, Susp.
 
           Region VI
 
Arkansas:
    Cave City, City of, Sharp         050313  December 10, 1982,  ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1985, Reg;
                                               September 16,
                                               2011, Susp.
    Cherokee Village, City of,        050603  April 25, 2000,     ......do..............   Do.
     Sharp County.                             Emerg; April 16,
                                               2004, Reg;
                                               September 16,
                                               2011, Susp.
    Evening Shade, Town of,           050412  March 23, 1976,     ......do..............   Do.
     Sharp County.                             Emerg; November
                                               1, 1985, Reg;
                                               September 16,
                                               2011, Susp.
    Hardy, City of, Sharp             050330  November 11, 1977,  ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1985, Reg;
                                               September 16,
                                               2011, Susp.
    Williford, Town of, Sharp         050575  January 18, 1983,   ......do..............   Do.
     County.                                   Emerg; March 25,
                                               1985, Reg;
                                               September 16,
                                               2011, Susp.
Oklahoma:
    Adair, Town of, Mayes             400256  N/A, Emerg;         ......do..............   Do.
     County.                                   January 25, 2010,
                                               Reg; September
                                               16, 2011, Susp.
    Chouteau, Town of, Mayes          400115  May 9, 1975,        ......do..............   Do.
     County.                                   Emerg; January
                                               26, 1983, Reg;
                                               September 16,
                                               2011, Susp.
    Locust Grove, Town of,            400116  May 9, 1975,        ......do..............   Do.
     Mayes County.                             Emerg; September
                                               11, 1978, Reg;
                                               September 16,
                                               2011, Susp.
    Mayes County,                     400458  April 8, 1987,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               1, 1989, Reg;
                                               September 16,
                                               2011, Susp.
    Pryor Creek, City of,             400117  April 21, 1975,     ......do..............   Do.
     Mayes County.                             Emerg; July 16,
                                               1987, Reg;
                                               September 16,
                                               2011, Susp.
    Salina, Town of, Mayes            400118  January 26, 1983,   ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1985, Reg;
                                               September 16,
                                               2011, Susp.
    Spavinaw, Town of, Mayes          400328  December 23, 1976,  ......do..............   Do.
     County.                                   Emerg; September
                                               21, 1982, Reg;
                                               September 16,
                                               2011, Susp.
Texas:

[[Page 56120]]

 
    Coolidge, City of,                480911  June 12, 1987,      ......do..............   Do.
     Limestone County.                         Emerg; November
                                               1, 1989, Reg;
                                               September 16,
                                               2011, Susp.
    Kosse, Town of, Limestone         481151  November 19, 1980,  ......do..............   Do.
     County.                                   Emerg; July 6,
                                               1982, Reg;
                                               September 16,
                                               2011, Susp.
    Limestone County,                 480910  February 6, 1979,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               1987, Reg;
                                               September 16,
                                               2011, Susp.
    Mexia, City of, Limestone         480442  August 18, 1975,    ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1980, Reg;
                                               September 16,
                                               2011, Susp.
 
          Region VII
 
Iowa:
    Aplington, City of, Butler        190335  September 3, 2010,  ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               September 16,
                                               2011, Susp.
    Aredale, City of, Butler          190035  November 3, 1975,   ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1986, Reg;
                                               September 16,
                                               2011, Susp.
    Clarksville, City of,             190336  October 28, 1985,   ......do..............   Do.
     Butler County.                            Emerg; September
                                               6, 1989, Reg;
                                               September 16,
                                               2011, Susp.
    New Hartford, City of,            190038  November 6, 1974,   ......do..............   Do.
     Butler County.                            Emerg; September
                                               29, 1986, Reg;
                                               September 16,
                                               2011, Susp.
    Elma, City of, Howard             190416  May 23, 1978,       ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg;
                                               September 16,
                                               2011, Susp.
    Lime Springs, City of,            190417  January 24, 1977,   ......do..............   Do.
     Howard County.                            Emerg; September
                                               1, 1987, Reg;
                                               September 16,
                                               2011, Susp.
    Riceville, City of, Howard        190418  February 21, 1997,  ......do..............   Do.
     County.                                   Emerg; March 1,
                                               2000, Reg;
                                               September 16,
                                               2011, Susp.
 
          Region VIII
 
South Dakota:
    Meade County,                     460054  April 12, 1973,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 1,
                                               1978, Reg;
                                               September 16,
                                               2011, Susp.
    Sturgis, City of, Meade           460055  February 9, 1973,   ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1977, Reg;
                                               September 16,
                                               2011, Susp.
Wyoming:
    Dubois, Town of, Fremont          560018  May 9, 1997,        ......do..............   Do.
     County.                                   Emerg; November
                                               1, 1998, Reg;
                                               September 16,
                                               2011, Susp.
    Fremont County,                   560080  July 8, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               1, 1979, Reg;
                                               September 16,
                                               2011, Susp.
    Hudson, Town of, Fremont          560019  September 6, 1974,  ......do..............   Do.
     County.                                   Emerg; July 17,
                                               1978, Reg;
                                               September 16,
                                               2011, Susp.
    Lander, City of, Fremont          560020  August 23, 1974,    ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1978, Reg;
                                               September 16,
                                               2011, Susp.
    Riverton, City of, Fremont        560021  May 18, 1999,       ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1999, Reg;
                                               September 16,
                                               2011, Susp.
    Shoshoni, Town of, Fremont        560078  July 5, 1983,       ......do..............   Do.
     County.                                   Emerg; May 28,
                                               1986, Reg;
                                               September 16,
                                               2011, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


Sandra K. Knight,
Deputy Associate Administrator for Mitigation.
[FR Doc. 2011-23219 Filed 9-9-11; 8:45 am]
BILLING CODE 9110-12-P


