2011-1930. 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, [phone].

SUPPLEMENTARY INFORMATION:

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

In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA's initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared.

Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988.

Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

List of Subjects in 44 CFR Part 64

• Flood insurance
• Floodplains

Accordingly, 44 CFR part 64 is amended as follows:

PART 64—[AMENDED]

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.

§ 64.6

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map Date	Date certain federal assistance no longer available in SFHAs
Region III
Virginia: Petersburg, City of, Independent City	510112	November 7, 1973, Emerg; March 16, 1981, Reg; February 4, 2011, Susp	Feb. 4, 2011	Feb. 4, 2011.
Region V
Illinois:
Banner, Village of, Fulton County	170743	December 30, 1975, Emerg; July 2, 1981, Reg; February 4, 2011, Susp	......do*	Do.
Fulton County, Unincorporated Areas	170241	November 13, 1979, Emerg; January 17, 1986, Reg; February 4, 2011, Susp	......do*	Do.
Lewistown, City of, Fulton County	170782	July 28, 1975, Emerg; October 5, 1984, Reg; February 4, 2011, Susp	......do*	Do.
Liverpool, Village of, Fulton County	170762	December 10, 1974, Emerg; June 15, 1981, Reg; February 4, 2011, Susp	......do*	Do.
Mark, Village of, Putnam County	170572	April 23, 1976, Emerg; January 3, 1985, Reg; February 4, 2011, Susp	......do*	Do.
Putnam County, Unincorporated Areas	170993	June 5, 1981, Emerg; November 15, 1984, Reg; February 4, 2011, Susp	......do*	Do.
Standard, Village of, Putnam County	171012	January 16, 1984, Emerg; March 1, 1987, Reg; February 4, 2011, Susp	......do*	Do.
Minnesota: Bertha, City of, Todd County	270474	April 7, 1975, Emerg; July 17, 1986, Reg; February 4, 2011, Susp	......do*	Do.
Browerville, City of, Todd County	270475	April 16, 1974, Emerg; September 30, 1988, Reg; February 4, 2011, Susp	......do*	Do.
Clarissa, City of, Todd County	270476	April 30, 1974, Emerg; June 3, 1986, Reg; February 4, 2011, Susp	......do*	Do.
Eagle Bend, City of, Todd County	270477	July 2, 1974, Emerg; June 3, 1986, Reg; February 4, 2011, Susp	......do*	Do.
Hewitt, City of, Todd County	270478	September 16, 1975, Emerg; June 8, 1984, Reg; February 4, 2011, Susp	......do*	Do.
Long Prairie, City of, Todd County	270479	April 16, 1974, Emerg; July 16, 1980, Reg; February 4, 2011, Susp	......do*	Do.
Todd County, Unincorporated Areas	270551	February 1, 1974, Emerg; September 1, 1988, Reg; February 4, 2011, Susp	......do*	Do.
Region VI
Arkansas:
Harrisburg, City of, Poinsett County	050173	February 27, 1975, Emerg; November 1, 1985, Reg; February 4, 2011, Susp	......do*	Do.
Lepanto, City of, Poinsett County	050174	July 17, 1974, Emerg; July 4, 1988, Reg; February 4, 2011, Susp	......do*	Do.
Marked Tree, City of, Poinsett County	050175	May 21, 1975, Emerg; July 16, 1980, Reg; February 4, 2011, Susp	......do*	Do.
Poinsett County, Unincorporated Areas	050172	May 6, 1983, Emerg; August 19, 1987, Reg; February 4, 2011, Susp	......do*	Do.
Trumann, City of, Poinsett County	050176	September 5, 1974, Emerg; April 15, 1979, Reg; February 4, 2011, Susp	......do*	Do.
Tyronza, City of, Poinsett County	050371	May 12, 1975, Emerg; September 28, 1982, Reg; February 4, 2011, Susp	......do*	Do.
Waldenburg, Town of, Poinsett County	050497	June 16, 2010, Emerg; February 4, 2011, Reg; February 4, 2011, Susp	......do*	Do.
Weiner, City of, Poinsett County	050373	October 31, 1975, Emerg; September 28, 1982, Reg; February 4, 2011, Susp	......do*	Do.
Oklahoma:
Boynton, Town of, Muskogee County	400120	June 24, 1976, Emerg; September 28, 1979, Reg; February 4, 2011, Susp	......do*	Do.
Braggs, Town of, Muskogee County	400121	October 30, 1975, Emerg; May 25, 1978, Reg; February 4, 2011, Susp	......do*	Do.
Fort Gibson, Town of, Cherokee and Muskogee Counties	400123	July 8, 1977, Emerg; July 16, 1980, Reg; February 4, 2011, Susp	......do*	Do.
Haskell, Town of, Muskogee County	400124	August 7, 1975, Emerg; December 4, 1979, Reg; February 4, 2011, Susp	......do*	Do.
Muskogee, City of, Muskogee County	400125	April 22, 1975, Emerg; July 2, 1980, Reg; February 4, 2011, Susp	......do*	Do.
Muskogee County, Unincorporated Areas	400491	September 27, 1985, Emerg; March 4, 1991, Reg; February 4, 2011, Susp	......do*	Do.
Oktaha, Town of, Muskogee County	400126	October 14, 1975, Emerg; May 25, 1978, Reg; February 4, 2011, Susp	......do*	Do.
Porum, Town of, Muskogee County	400127	May 21, 1976, Emerg; April 15, 1980, Reg; February 4, 2011, Susp	......do*	Do.
Taft, Town of, Muskogee County	400128	June 26, 1976, Emerg; August 25, 1987, Reg; February 4, 2011, Susp	......do*	Do.
Wainwright, Town of, Muskogee County	400129	March 9, 1976, Emerg; August 8, 1978, Reg; February 4, 2011, Susp	......do*	Do.
Warner, Town of, Muskogee County	400130	December 29, 1976, Emerg; May 25, 1978, Reg; February 4, 2011, Susp	......do*	Do.
Webbers Falls, Town of, Muskogee County	400131	November 28, 1975, Emerg; May 1, 1980, Reg; February 4, 2011, Susp	......do*	Do.
Texas:
Bandera County, Unincorporated Areas	480020	January 21, 1974, Emerg; November 1, 1978, Reg; February 4, 2011, Susp	......do*	Do.
Benavides, City of, Duval County	480792	July 24, 1975, Emerg; March 4, 1986, Reg; February 4, 2011, Susp	......do*	Do.
Colorado County, WCID Number 2	481489	October 28, 1977, Emerg; June 1, 1988, Reg; February 4, 2011, Susp	......do*	Do.
Colorado County, Unincorporated Areas	480144	February 29, 1980, Emerg; September 19, 1990, Reg; February 4, 2011, Susp	......do*	Do.
Columbus, City of, Colorado County	480145	February 19, 1975, Emerg; June 19, 1985, Reg; February 4, 2011, Susp	......do*	Do.
Duval County, Unincorporated Areas	480202	July 24, 1975, Emerg; May 1, 1987, Reg; February 4, 2011, Susp	......do*	Do.
Eagle Lake, City of, Colorado County	480146	July 30, 1975, Emerg; April 1, 1987, Reg; February 4, 2011, Susp	......do*	Do.
Lamesa, City of, Dawson County	480191	February 25, 1972, Emerg; April 30, 1976, Reg; February 4, 2011, Susp	......do*	Do.
San Diego, City of, Duval and Jim Wells Counties	481199	December 26, 1975, Emerg; March 1, 1987, Reg; February 4, 2011, Susp	......do*	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: January 19, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.