2011-6058. 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 IV
South Carolina:
McCormick, Town of, McCormick County	450152	July 15, 1975, Emerg; June 25, 1976, Reg; April 4, 2011, Susp	April 4, 2011	April 4, 2011
McCormick County, Unincorporated Areas	450226	December 29, 1975, Emerg; October 1, 1989, Reg; April 4, 2011, Susp	*......do	do.
Region V
Michigan:
Albion, City of, Calhoun County	260050	July 1, 1975, Emerg; June 15, 1982, Reg; April 4, 2011, Susp	......do	do.
Albion, Township of, Calhoun County	260639	September 12, 1975, Emerg; October 15, 1982, Reg; April 4, 2011, Susp	......do	do.
Athens, Village of, Calhoun County	260558	March 24, 1977, Emerg; November 15, 1985, Reg; April 4, 2011, Susp	......do	do.
Battle Creek, City of, Calhoun County	260051	July 2, 1975, Emerg; April 4, 1983, Reg; April 4, 2011, Susp	......do	do.
Bedford, Township of, Calhoun County.	260052	May 30, 1975, Emerg; February 2, 1983, Reg; April 4, 2011, Susp	......do	do.
Burlington, Township of, Calhoun County	260651	December 2, 1975, Emerg; July 2, 1987, Reg; April 4, 2011, Susp	......do	do.
Burlington, Village of, Calhoun County	260559	November 21, 1975, Emerg; July 2, 1987, Reg; April 4, 2011, Susp	......do	do.
Clarence, Township of, Calhoun County	260560	May 12, 1977, Emerg; February 18, 1983, Reg; April 4, 2011, Susp	......do	do.
Convis, Township of, Calhoun County	260652	December 5, 1975, Emerg; February 11, 1983, Reg; April 4, 2011, Susp	......do	do.
Eckford, Township of, Calhoun County	260653	December 16, 1975, Emerg; August 19, 1986, Reg; April 4, 2011, Susp	......do	do.
Emmett, Township of, Calhoun County	260561	December 5, 1975, Emerg; June 1, 1983, Reg; April 4, 2011, Susp	......do	do.
Fredonia, Township of, Calhoun County	260562	December 22, 1975, Emerg; August 19, 1987, Reg; April 4, 2011, Susp	......do	do.
Homer, Village of, Calhoun County	260331	December 5, 1975, Emerg; May 3, 1982, Reg; April 4, 2011, Susp	......do	do.
Lee, Township of, Calhoun County	260668	March 26, 1976, Emerg; May 15, 1985, Reg; April 4, 2011, Susp	......do	do.
Leroy, Township of, Calhoun County	260655	February 19, 1976, Emerg; March 1, 1987, Reg; April 4, 2011, Susp	......do	do.
Marengo, Township of, Calhoun County	260563	May 30, 1979, Emerg; May 17, 1982, Reg; April 4, 2011, Susp	......do	do.
Marshall, City of, Calhoun County	260053	May 13, 1975, Emerg; April 1, 1982, Reg; April 4, 2011, Susp	......do	do.
Marshall, Township of, Calhoun County	260642	October 9, 1975, Emerg; February 11, 1983, Reg; April 4, 2011, Susp	......do	do.
Newton, Township of, Calhoun County	260647	November 18, 1975, Emerg; September 1, 1986, Reg; April 4, 2011, Susp	......do	do.
Pennfield, Charter Township, Calhoun County	260564	August 25, 1975, Emerg; October 15, 1982, Reg; April 4, 2011, Susp	......do	do.
Sheridan, Township of, Calhoun County	260649	November 20, 1975, Emerg; March 11, 1983, Reg; April 4, 2011, Susp	......do	do.
Springfield, City of, Calhoun County	260054	August 11, 1975, Emerg; September 28, 1979, Reg; April 4, 2011, Susp	......do	do.
Tekonsha, Township of, Calhoun County	260709	July 20, 1977, Emerg; June 4, 1987, Reg; April 4, 2011, Susp	......do	do.
Tekonsha, Village of, Calhoun County	260565	December 19, 1975, Emerg; May 1, 1987, Reg; April 4, 2011, Susp	......do	do.
Ohio:
Archbold, Village of, Fulton County	390603	April 30, 1976, Emerg; January 4, 1985, Reg; April 4, 2011, Susp	......do	do.
Bellville, Village of, Richland County	390604	June 30, 1976, Emerg; March 16, 1989, Reg; April 4, 2011, Susp	......do	do.
Butler, Village of, Richland County	390605	June 24, 1976, Emerg; November 15, 1989, Reg; April 4, 2011, Susp	......do	do.
Delta, Village of, Fulton County	390183	April 28, 1975, Emerg; May 15, 1984, Reg; April 4, 2011, Susp	......do	do.
Fayette, Village of, Fulton County	390829	February 8, 1999, Emerg; April 4, 2011, Reg; April 4, 2011, Susp	......do	do.
Lucas, Village of, Richland County	390661	September 24, 1987, Emerg; September 1, 1993, Reg; April 4, 2011, Susp	......do	do.
Mansfield, City of, Richland County	390477	April 2, 1975, Emerg; January 3, 1986, Reg; April 4, 2011, Susp	......do	do.
Metamora, Village of, Fulton County	390840	July 21, 1982, Emerg; May 16, 1995, Reg; April 4, 2011, Susp	......do	do.
Ontario, Village of, Richland County	390478	July 11, 1975, Emerg; January 30, 1984, Reg; April 4, 2011, Susp	......do	do.
Plymouth, Village of, Huron and Richland Counties	390287	July 30, 1999, Emerg; April 4, 2011, Reg; April 4, 2011, Susp	......do	do.
Richland County, Unincorporated Areas	390476	December 11, 1984, Emerg; April 2, 1991, Reg; April 4, 2011, Susp	......do	do.
Shelby, City of, Richland County	390479	July 30, 1975, Emerg; March 2, 1989, Reg; April 4, 2011, Susp	......do	do.
Wauseon, City of, Fulton County	390184	July 22, 1975, Emerg; July 6, 1984, Reg; April 4, 2011, Susp	......do	do.
Wisconsin:
Arcadia, City of, Trempealeau County	550439	September 30, 1975, Emerg; August 19, 1991, Reg; April 4, 2011, Susp	......do	do.
Blair, City of, Trempealeau County	550440	February 27, 1975, Emerg; November 16, 1990, Reg; April 4, 2011, Susp	......do	do.
Eleva, Village of, Trempealeau County	550441	May 23, 1975, Emerg; December 5, 1989, Reg; April 4, 2011, Susp	......do	do.
Ettrick, Village of, Trempealeau County	550442	July 15, 1975, Emerg; June 15, 1982, Reg; April 4, 2011, Susp	......do	do.
Galesville, City of, Trempealeau County	550443	February 23, 1976, Emerg; March 16, 1981, Reg; April 4, 2011, Susp	......do	do.
Independence, City of, Trempealeau County	550444	July 5, 1974, Emerg; September 27, 1991, Reg; April 4, 2011, Susp	......do	do.
Osseo, City of, Trempealeau County	550445	August 19, 1975, Emerg; September 5, 1990, Reg; April 4, 2011, Susp	......do	do.
Pigeon Falls, Village of, Trempealeau County	550446	March 26, 1976, Emerg; September 16, 1988, Reg; April 4, 2011, Susp	......do	do.
Strum, Village of, Trempealeau County	555583	April 9, 1971, Emerg; May 13, 1972, Reg; April 4, 2011, Susp	......do	do.
Trempealeau, Village of, Trempealeau County	555584	May 28, 1971, Emerg; December 12, 1972, Reg; April 4, 2011, Susp	......do	do.
Trempealeau County, Unincorporated Areas	555585	May 14, 1971, Emerg; December 22, 1972, Reg; April 4, 2011, Susp	......do	do.
Whitehall, City of, Trempealeau County	550449	February 7, 1975, Emerg; November 16, 1990, Reg; April 4, 2011, Susp	......do	do.
Region VI
Arkansas:
Fulton, Town of, Hempstead County	050086	April 22, 1975, Emerg; August 3, 1982, Reg; April 4, 2011, Susp	......do	do.
Hempstead County, Unincorporated Areas	050436	March 28, 1995, Emerg; October 1, 2007, Reg; April 4, 2011, Susp	......do	do.
Texas:
Crockett, City of, Houston County	480359	June 24, 1975, Emerg; September 30, 1980, Reg; April 4, 2011, Susp	......do	do.
Grapeland, Town of, Houston County	480873	March 15, 2001, Emerg; August 1, 2008, Reg; April 4, 2011, Susp	......do	do.
Houston County, Unincorporated Areas	480872	July 2, 1993, Emerg; August 1, 2008, Reg; April 4, 2011, Susp	......do	do.
Lovelady, City of, Houston County	480874	June 22, 1990, Emerg; March 1, 1991, Reg; April 4, 2011, Susp	......do	do.
Maverick County, Unincorporated Areas	480470	N/A, Emerg; September 23, 1996, Reg; April 4, 2011, Susp	......do	do.
Woodville, City of, Tyler County	481035	August 1, 1979, Emerg; October 26, 1982, Reg; April 4, 2011, Susp	......do	do.
Region VII
Iowa:
Anamosa, City of, Jones County	190174	July 25, 1975, Emerg; August 19, 1987, Reg; April 4, 2011, Susp	......do	do.
Jones County, Unincorporated Areas	190919	March 21, 1979, Emerg; September 30, 1988, Reg; April 4, 2011, Susp	......do	do.
Monticello, City of, Jones County	190175	November 27, 1974, Emerg; April 2, 1979, Reg; April 4, 2011, Susp	......do	do.
Olin, City of, Jones County	190176	July 12, 1976, Emerg; February 1, 1987, Reg; April 4, 2011, Susp	......do	do.
Missouri:
Cameron, City of, Clinton County	290104	August 25, 1975, Emerg; August 24, 1984, Reg; April 4, 2011, Susp	......do	do.
Gower, City of, Buchanan and Clinton Counties.	290105	June 23, 1975, Emerg; July 18, 1985, Reg; April 4, 2011, Susp	......do	do.
Lathrop, City of, Clinton County	290704	June 22, 1976, Emerg; July 18, 1985, Reg; April 4, 2011, Susp	......do	do.
Plattsburg, City of, Clinton County	290106	March 31, 1975, Emerg; February 2, 1983, Reg; April 4, 2011, Susp	......do	do.
*do = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.

Dated: March 8, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.