2011-15520. 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 I
Massachusetts: Auburn, Town of, Worcester County	250292	March 2, 1973, Emerg; June 1, 1978, Reg; July 4, 2011, Susp	July 4, 2011	July 4, 2011.
Berlin, Town of, Worcester County	250294	August 11, 1975, Emerg; June 18, 1980, Reg; July 4, 2011, Susp	* Do.	Do.
Blackstone, Town of, Worcester County	250295	November 2, 1973, Emerg; September 30, 1977, Reg; July 4, 2011, Susp	Do.	Do.
Bolton, Town of, Worcester County	250296	March 10, 1975, Emerg; June 18, 1980, Reg; July 4, 2011, Susp	Do.	Do.
Boylston, Town of, Worcester County	250297	August 26, 1975, Emerg; July 2, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Charlton, Town of, Worcester County	250299	June 10, 1975, Emerg; July 19, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Clinton, Town of, Worcester County	250300	May 26, 1977, Emerg; June 15, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Douglas, Town of, Worcester County	250301	January 29, 1975, Emerg; June 1, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Dudley, Town of, Worcester County	250302	June 23, 1975, Emerg; June 15, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Grafton, Town of, Worcester County	250306	July 29, 1975, Emerg; May 2, 1983, Reg; July 4, 2011, Susp	Do.	Do.
Harvard, Town of, Worcester County	250308	June 25, 1975, Emerg; June 15, 1983, Reg; July 4, 2011, Susp	Do.	Do.
Hopedale, Town of, Worcester County	250310	June 23, 1975, Emerg; July 19, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Lancaster, Town of, Worcester County	250312	March 7, 1975, Emerg; July 5, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Leicester, Town of, Worcester County	250313	July 22, 1975, Emerg; July 5, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Mendon, Town of, Worcester County	250316	January 22, 1976, Emerg; July 19, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Milford, Town of, Worcester County	250317	August 11, 1975, Emerg; July 5, 1984, Reg; July 4, 2011, Susp	Do.	Do.
Millbury, Town of, Worcester County	250318	May 4, 1973, Emerg; July 2, 1979, Reg; July 4, 2011, Susp	Do.	Do.
Millville, Town of, Worcester County	250319	March 7, 1975, Emerg; July 19, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Northborough, Town of, Worcester County	250321	June 10, 1975, Emerg; November 15, 1979, Reg; July 4, 2011, Susp	Do.	Do.
Northbridge, Town of, Worcester County	250322	January 24, 1975, Emerg; June 15, 1983, Reg; July 4, 2011, Susp	Do.	Do.
Oxford, Town of, Worcester County	250325	July 24, 1975, Emerg; January 20, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Paxton, Town of, Worcester County	250326	October 29, 1980, Emerg; February 18, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Shrewsbury, Town of, Worcester County	250332	April 11, 1975, Emerg; June 4, 1980, Reg; July 4, 2011, Susp	Do.	Do.
Southborough, Town of, Worcester County	250333	August 11, 1975, Emerg; October 15, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Southbridge, Town of, Worcester County	250334	May 14, 1974, Emerg; March 15, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Spencer, Town of, Worcester County	250335	November 5, 1975, Emerg; July 2, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Sturbridge, Town of, Worcester County	250337	July 22, 1975, Emerg; July 19, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Sutton, Town of, Worcester County	250338	May 29, 1975, Emerg; June 1, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Upton, Town of, Worcester County	250340	September 2, 1975, Emerg; August 2, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Uxbridge, Town of, Worcester County	250341	May 5, 1975, Emerg; June 1, 1983, Reg; July 4, 2011, Susp	Do.	Do.
Webster, Town of, Worcester County	250343	July 28, 1975, Emerg; July 5, 1982, Reg; July 4, 2011, Susp	Do.	Do.
West Boylston, Town of, Worcester County	250345	November 24, 1975, Emerg; July 2, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Westborough, Town of, Worcester County	250344	July 22, 1975, Emerg; May 15, 1980, Reg; July 4, 2011, Susp	Do.	Do.
Worcester, City of, Worcester County	250349	January 15, 1974, Emerg; August 15, 1980, Reg; July 4, 2011, Susp	Do.	Do.
Region III
Pennsylvania: Driftwood, Borough of, Cameron County	420245	April 15, 1974, Emerg; July 16, 1979, Reg; July 4, 2011, Susp	Do.	Do.
Emporium, Borough of, Cameron County	420246	May 15, 1974, Emerg; February 1, 1978, Reg; July 4, 2011, Susp	Do.	Do.
Gibson, Township of, Cameron County	421130	March 8, 1974, Emerg; September 1, 1977, Reg; July 4, 2011, Susp	Do.	Do.
Grove, Township of, Cameron County	421128	March 4, 1974, Emerg; July 18, 1977, Reg; July 4, 2011, Susp	Do.	Do.
Lumber, Township of, Cameron County	421129	March 6, 1974, Emerg; January 5, 1978, Reg; July 4, 2011, Susp	Do.	Do.
Portage, Township of, Cameron County	421132	March 8, 1974, Emerg; August 15, 1978, Reg; July 4, 2011, Susp	Do.	Do.
Shippen, Township of, Cameron County	421103	March 11, 1974, Emerg; April 17, 1978, Reg; July 4, 2011, Susp	Do.	Do.
West Virginia: Nicholas County, Unincorporated Areas	540146	June 30, 1976, Emerg; April 5, 1994, Reg; July 4, 2011, Susp	Do.	Do.
Richmond, City of, Nicholas County	540147	November 29, 1974, Emerg; September 27, 1991, Reg; July 4, 2011, Susp	Do.	Do.
Summersville, City of, Nicholas County	540148	February 18, 1975, Emerg; August 24, 1984, Reg; July 4, 2011, Susp	Do.	Do.
Region IV
Florida: Caryville, Town of, Washington County	120321	July 9, 1975, Emerg; February 4, 1988, Reg; July 4, 2011, Susp	Do.	Do.
Chipley, City of, Washington County	120325	January 16, 1975, Emerg; January 1, 1987, Reg; July 4, 2011, Susp	Do.	Do.
Ebro, Town of, Washington County	120629	N/A, Emerg; March 19, 1996, Reg; July 4, 2011, Susp	Do.	Do.
Vernon, City of, Washington County	120322	September 26, 1975, Emerg; January 1, 1987, Reg; July 4, 2011, Susp	Do.	Do.
Washington County, Unincorporated Areas	120407	September 29, 1975, Emerg; June 17, 1991, Reg; July 4, 2011, Susp	Do.	Do.
Wausau, Town of, Washington County	120632	N/A, Emerg; March 30, 1998, Reg; July 4, 2011, Susp	Do.	Do.
Kentucky: Allen County, Unincorporated Areas	210267	February 10, 1994, Emerg; March 1, 1995, Reg; July 4, 2011, Susp	Do.	Do.
Boyle County, Unincorporated Areas	210322	July 20, 1976, Emerg; May 15, 1986, Reg; July 4, 2011, Susp	Do.	Do.
Danville, City of, Boyle County	210019	August 8, 1975, Emerg; September 27, 1985, Reg; July 4, 2011, Susp	Do.	Do.
Junction City, City of, Boyle County	210377	October 16, 1997, Emerg; September 30, 1998, Reg; July 4, 2011, Susp	Do.	Do.
Perryville, City of, Boyle County	210020	July 21, 1975, Emerg; December 3, 1987, Reg; July 4, 2011, Susp	Do.	Do.
Scottsville, City of, Allen County	210001	June 11, 1975, Emerg; September 27, 1985, Reg; July 4, 2011, Susp	Do.	Do.
Mississippi: Bay Springs, Town of, Jasper County	280087	July 3, 1980, Emerg; June 17, 1986, Reg; July 4, 2011, Susp	Do.	Do.
Byhalia, Town of, Marshall County	280112	April 29, 1975, Emerg; June 18, 1987, Reg; July 4, 2011, Susp	Do.	Do.
Heidelberg, Town of, Jasper County	280088	January 30, 1975, Emerg; January 1, 1987, Reg; July 4, 2011, Susp	Do.	Do.
Holly Springs, City of, Marshall County	280113	March 11, 1975, Emerg; August 5, 1985, Reg; July 4, 2011, Susp	Do.	Do.
Jasper County, Unincorporated Areas	280302	August 12, 2003, Emerg; December 1, 2003, Reg; July 4, 2011, Susp	Do.	Do.
Marshall County, Unincorporated Areas	280274	August 4, 1986, Emerg; January 17, 1991, Reg; July 4, 2011, Susp	Do.	Do.
Potts Camp, Town of, Marshall County	280114	March 31, 1975, Emerg; August 5, 1985, Reg; July 4, 2011, Susp	Do.	Do.
Region V
Indiana: Albany, Town of, Delaware County	180314	June 13, 1975, Emerg; June 15, 1979, Reg; July 4, 2011, Susp	Do.	Do.
Delaware County, Unincorporated Areas	180051	June 13, 1975, Emerg; March 16, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Eaton, Town of, Delaware County	180052	November 11, 1975, Emerg; June 15, 1979, Reg; July 4, 2011, Susp	Do.	Do.
Muncie, City of, Delaware County	180053	April 4, 1975, Emerg; January 16, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Yorktown, Town of, Delaware County	180361	March 18, 1976, Emerg; March 16, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Region VI
Arkansas: Conway County, Unincorporated Areas	050426	January 7, 1983, Emerg; June 3, 1986, Reg; July 4, 2011, Susp	Do.	Do.
Morrilton, City of, Conway County	050044	June 6, 1975, Emerg; March 15, 1982, Reg; July 4, 2011, Susp	Do.	Do.
Plumerville, City of, Conway County	050364	September 15, 1983, Emerg; January 17, 1986, Reg; July 4, 2011, Susp	Do.	Do.
Louisiana: Union Parish, Unincorporated Areas	220359	May 1, 1979, Emerg; March 1, 1987, Reg; July 4, 2011, Susp	Do.	Do.
Oklahoma: Goodwell, Town of, Texas County	400383	June 6, 1980, Emerg; January 18, 1988, Reg; July 4, 2011, Susp	Do.	Do.
Guymon, City of, Texas County	400243	February 5, 1981, Emerg; June 19, 1985, Reg; July 4, 2011, Susp	Do.	Do.
Region VII
Missouri: Holden, City of, Johnson County	290714	October 14, 1996, Emerg; March 1, 2001, Reg; July 4, 2011, Susp	Do.	Do.
Knob Noster, City of, Johnson County	290724	August 7, 1995, Emerg; November 7, 2001, Reg; July 4, 2011, Susp	Do.	Do.
Saint Mary, City of, Sainte Genevieve County	290326	November 9, 1973, Emerg; September 15, 1977, Reg; July 4, 2011, Susp	Do.	Do.
Sainte Genevieve, City of, Sainte Genevieve County	290325	December 19, 1973, Emerg; September 30, 1977, Reg; July 4, 2011, Susp	Do.	Do.
West Plains, City of, Howell County	290166	December 19, 1973, Emerg; May 19, 1981, Reg; July 4, 2011, Susp	Do.	Do.
Willow Springs, City of, Howell County	290167	July 2, 1974, Emerg; August 15, 1979, Reg; July 4, 2011, Susp	Do.	Do.
* Do. = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: June 7, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.