2011-10174. 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
West Virginia:
Barbour County, Unincorporated Areas	540001	November 21, 1975, Emerg; July 1, 1987, Reg; May 3, 2011, Susp	May 3, 2011	May 3, 2011.
Belington, Town of, Barbour County	540002	November 11, 1974, Emerg; August 1, 1979, Reg; May 3, 2011, Susp	*......do	Do.
Junior, Town of, Barbour County	540003	April 3, 1975, Emerg; April 17, 1987, Reg; May 3, 2011, Susp	......do	Do.
Philippi, City of, Barbour County	540004	June 26, 1974, Emerg; September 4, 1986, Reg; May 3, 2011, Susp	......do	Do.
Region IV
Kentucky: Glasgow, City of, Barren County	210007	November 29, 1974, Emerg; May 1, 1987, Reg; May 3, 2011, Susp	......do	Do.
Mississippi:
Clay County, Unincorporated Areas	280036	January 19, 1978, Emerg; July 16, 1990, Reg; May 3, 2011, Susp	......do	Do.
West Point, City of, Clay County	280037	February 1, 1974, Emerg; January 5, 1978, Reg; May 3, 2011, Susp	......do	Do.
South Carolina:
Fairfield County, Unincorporated Areas	450075	December 21, 1978, Emerg; July 19, 1982, Reg; May 3, 2011, Susp	......do	Do.
Greenwood, City of, Greenwood County	450093	July 22, 1975, Emerg; February 4, 1987, Reg; May 3, 2011, Susp	......do	Do.
Greenwood County, Unincorporated Areas	450094	April 21, 1978, Emerg; March 18, 1987, Reg; May 3, 2011, Susp	......do	Do.
Ninety Six, Town of, Greenwood County	450244	September 17, 1986, Emerg; September 17, 1986, Reg; May 3, 2011, Susp	......do	Do.
Region V
Indiana:
Alexandria, City of, Madison County	180149	December 13, 1974, Emerg; July 2, 1981, Reg; May 3, 2011, Susp	......do	Do.
Anderson, City of, Madison County	180150	November 7, 1974, Emerg; December 4, 1979, Reg; May 3, 2011, Susp	......do	Do.
Chesterfield, Town of, Madison County	180151	February 14, 1975, Emerg; May 1, 1980, Reg; May 3, 2011, Susp	......do	Do.
Elwood, City of, Madison and Tipton Counties	180152	March 19, 1975, Emerg; May 19, 1981, Reg; May 3, 2011, Susp	......do	Do.
Frankton, Town of, Madison County	180154	June 5, 1975, Emerg; May 5, 1981, Reg; May 3, 2011, Susp	......d	Do.
Ingalls, Town of, Madison County	180155	March 24, 1975, Emerg; July 15, 1988, Reg; May 3, 2011, Susp	......do	Do.
Madison County, Unincorporated Areas	180442	October 23, 1990, Emerg; February 1, 1994, Reg; May 3, 2011, Susp	......do	Do.
Pendleton, Town of, Madison County	180156	December 26, 1974, Emerg; May 3, 1982, Reg; May 3, 2011, Susp	......do	Do.
Summitville, Town of, Madison County	180157	May 5, 1975, Emerg; July 21, 1978, Reg; May 3, 2011, Susp	......do	Do.
Michigan:
DeWitt, Charter Township of, Clinton County	260631	August 25, 1975, Emerg; June 18, 1980, Reg; May 3, 2011, Susp	......do	Do.
DeWitt, City of, Clinton County	260060	July 11, 1975, Emerg; December 18, 1979, Reg; May 3, 2011, Susp	......do	Do.
East Lansing, City of, Clinton and Ingham Counties	260089	March 24, 1975, Emerg; August 1, 1980, Reg; May 3, 2011, Susp	......do	Do.
Elsie, Village of, Clinton County	260725	May 28, 1982, Emerg; July 16, 1987, Reg; May 3, 2011, Susp	......do	Do.
Hubbardston, Village of, Clinton and Ionia Counties	260418	February 7, 1990, Emerg; June 1, 1995, Reg; May 3, 2011, Susp	......do	Do.
Maple Rapids, Village of, Clinton County	260384	November 8, 1976, Emerg; September 1, 1986, Reg; May 3, 2011, Susp	......do	Do.
Ovid, Village of, Clinton County	260318	May 1, 1975, Emerg; August 2, 1982, Reg; May 3, 2011, Susp	......do	Do.
St. Johns, City of, Clinton County	260726	May 28, 1982, Emerg; March 16, 1988, Reg; May 3, 2011, Susp	......do	Do.
Victor, Township of, Clinton County	260720	May 11, 1981, Emerg; February 2, 1989, Reg; May 3, 2011, Susp	......do	Do.
Watertown, Charter Township of, Clinton County	260291	April 16, 1974, Emerg; May 17, 1982, Reg; May 3, 2011, Susp	......do	Do.
Ohio:
Bettsville, Village of, Seneca County	390500	December 21, 1978, Emerg; September 30, 1988, Reg; May 3, 2011, Susp	......do	Do.
Seneca County, Unincorporated Areas	390779	April 3, 1979, Emerg; May 17, 1990, Reg; May 3, 2011, Susp	......do	Do.
Tiffin, City of, Seneca County	390502	May 12, 1975, Emerg; July 3, 1986, Reg; May 3, 2011, Susp	......do	Do.
Region VI
Arkansas:
Crittenden County, Unincorporated Areas	050429	May 18, 1983, Emerg; November 1, 1985, Reg; May 3, 2011, Susp	......do	Do.
Earle, City of, Crittenden County	050054	June 20, 1974, Emerg; January 3, 1986, Reg; May 3, 2011, Susp	......do	Do.
Edmondson, Town of, Crittenden County	050409	November 8, 1976, Emerg; March 18, 1986, Reg; May 3, 2011, Susp	......do	Do.
Horseshoe Lake, Town of, Crittenden County	055057	N/A, Emerg; January 18, 2006, Reg; May 3, 2011, Susp	......do	Do.
Marion, City of, Crittenden County	050345	July 9, 1975, Emerg; September 1, 1987, Reg; May 3, 2011, Susp	......do	Do.
Turrell, City of, Crittenden County	050370	July 9, 1976, Emerg; February 1, 1988, Reg; May 3, 2011, Susp	......do	Do.
West Memphis, City of, Crittenden County	050055	June 6, 1974, Emerg; July 16, 1980, Reg; May 3, 2011, Susp	......do	Do.
Region VII
Iowa:
Beaver, City of, Boone County	190322	January 3, 2008, Emerg; May 3, 2011, Reg; May 3, 2011, Susp	......do	Do.
Boone, City of, Boone County	190555	N/A, Emerg; October 7, 1993, Reg; May 3, 2011, Susp.	......do	Do.
Boone County, Unincorporated Areas	190846	November 9, 1993, Emerg; September 1, 1996, Reg; May 3, 2011, Susp	......do	Do.
Fort Madison, City of, Lee County	190184	April 11, 1974, Emerg; May 3, 1982, Reg; May 3, 2011, Susp	......do	Do.
Keokuk, City of, Lee County	190185	March 27, 1974, Emerg; March 1, 1978, Reg; May 3, 2011, Susp	......do	Do.
Lee County, Unincorporated Areas	190182	September 11, 1978, Emerg; June 15, 1981, Reg; May 3, 2011, Susp	......do	Do.
Madrid, City of, Boone County	190325	October 21, 1976, Emerg; June 10, 1980, Reg; May 3, 2011, Susp	......do	Do.
Montrose, City of, Lee County	190186	August 8, 1975, Emerg; February 18, 1981, Reg; May 3, 2011, Susp	......do	Do.
Pilot Mound, City of, Boone County	190326	August 28, 1990, Emerg; July 1, 1991, Reg; May 3, 2011, Susp	......do	Do.
Kansas:
Lane, City of, Franklin County	200103	December 20, 2007, Emerg; September 1, 2008, Reg; May 3, 2011, Susp	......do	Do.
Rantoul, City of, Franklin County	200107	August 7, 1975, Emerg; September 1, 1990, Reg; May 3, 2011, Susp	......do	Do.
Missouri:
Blackwater, City of, Cooper County	290109	March 22, 1976, Emerg; December 7, 1984, Reg; May 3, 2011, Susp	......do	Do.
Boonville, City of, Cooper County	290110	October 9, 1974, Emerg; October 16, 1984, Reg; May 3, 2011, Susp	......do	Do.
Cooper County, Unincorporated Areas	290794	April 26, 1984, Emerg; September 1, 1989, Reg; May 3, 2011, Susp	......do	Do.
Pilot Grove, City of, Cooper County	290678	N/A, Emerg; November 24, 2008, Reg; May 3, 2011, Susp	......do	Do.
Nebraska:
Cozad, City of, Dawson County	310059	March 7, 1975, Emerg; June 30, 1976, Reg; May 3, 2011, Susp	......do	Do.
Dawson County, Unincorporated Areas	310058	March 8, 1984, Emerg; July 1, 1988, Reg; May 3, 2011, Susp	......do	Do.
Lexington, City of, Dawson County	310063	March 23, 1977, Emerg; May 15, 1984, Reg; May 3, 2011, Susp	......do	Do.
Overton, Village of, Dawson County	310064	July 1, 1975, Emerg; September 27, 1985, Reg; May 3, 2011, Susp	......do	Do.
Sumner, Village of, Dawson County	310065	June 27, 1975, Emerg; September 27, 1985, Reg; May 3, 2011, Susp	......do	Do.
Region VIII
North Dakota:
Cavalier, Township of, Pembina County	380274	July 20, 1981, Emerg; July 20, 1981, Reg; May 3, 2011, Susp	......do	Do.
Crystal, City of, Pembina County	380082	July 15, 1975, Emerg; January 16, 1981, Reg; May 3, 2011, Susp	......do	Do.
Drayton, City of, Pembina County	380150	April 23, 1974, Emerg; August 1, 1980, Reg; May 3, 2011, Susp	......do	Do.
Drayton, Township of, Pembina County	380276	October 6, 1982, Emerg; May 1, 1986, Reg; May 3, 2011, Susp	......do	Do.
Hamilton, City of, Pembina County	380084	January 21, 1976, Emerg; February 17, 1988, Reg; May 3, 2011, Susp	......do	Do.
Neche, City of, Pembina County	380085	October 18, 1974, Emerg; July 16, 1980, Reg; May 3, 2011, Susp	......do	Do.
Pembina County, Unincorporated Areas	380079	May 1, 1974, Emerg; November 19, 1987, Reg; May 3, 2011, Susp	......do	Do.
Walhalla, City of, Pembina County	380254	May 3, 1976, Emerg; April 15, 1980, Reg; May 3, 2011, Susp	......do	Do.
Region X
Oregon:
Ashland, City of, Jackson County	410090	August 9, 1974, Emerg; June 1, 1981, Reg; May 3, 2011, Susp	......do	Do.
Central Point, City of, Jackson County	410092	September 18, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp	......do	Do.
Eagle Point, City of, Jackson County	410093	June 5, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp	......do	Do.
Gold Hill, City of, Jackson County	410094	August 5, 1974, Emerg; September 17, 1980, Reg; May 3, 2011, Susp	......do	Do.
Jackson County, Unincorporated Areas	415589	December 31, 1970, Emerg; April 1, 1982, Reg; May 3, 2011, Susp	......do	Do.
Jacksonville, City of, Jackson County	410095	April 4, 1975, Emerg; December 4, 1979, Reg; May 3, 2011, Susp	......do	Do.
Medford, City of, Jackson County	410096	June 7, 1974, Emerg; April 15, 1981, Reg; May 3, 2011, Susp	......do	Do.
Phoenix, City of, Jackson County	410097	June 11, 1975, Emerg; May 3, 1982, Reg; May 3, 2011, Susp	......do	Do.
Rogue River, City of, Jackson County	410098	May 17, 1974, Emerg; January 2, 1981, Reg; May 3, 2011, Susp	......do	Do.
Shady Cove, City of, Jackson County	410099	August 23, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp	......do	Do.
Talent, City of, Jackson County	410100	April 7, 1975, Emerg; February 1, 1980, Reg; May 3, 2011, Susp	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp. —Suspension.

Dated: April 15, 2011.

Sandra K. Knight,

Deputy Federal Insurance and

Mitigation Administrator, Mitigation.