2011-19044. 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
Maryland: Baltimore County, Unincorporated Areas	240010	March 24, 1972, Emerg; March 2, 1981, Reg; August 2, 2011, Susp	Aug. 2, 2011	Aug. 2, 2011.
Region IV
Kentucky:
Midway, City of, Woodford County	210477	N/A, Emerg; September 17, 2008, Reg; August 2, 2011, Susp	......do*	Do.
Versailles, City of, Woodford County..	210231	April 21, 1989, Emerg; May 1, 1990, Reg; August 2, 2011, Susp	......do	Do.
Woodford County, Unincorporated Areas	210230	March 30, 1973, Emerg; June 1, 1978, Reg; August 2, 2011, Susp	......do	Do.
Mississippi:
Attala County, Unincorporated Areas	280301	April 23, 1979, Emerg; June 1, 1988, Reg; August 2, 2011, Susp	......do	Do.
Ethel, Town of, Attala County	280006	December 1, 2008, Emerg; October 6, 2009, Reg; August 2, 2011, Susp	......do	Do.
Kosciusko, City of, Attala County	280007	November 15, 1974, Emerg; July 2, 1979, Reg; August 2, 2011, Susp	......do	Do.
McCool, Town of, Attala County	280008	July 23, 2009, Emerg; N/A, Reg; August 2, 2011, Susp	......do	Do.
South Carolina:
Lockhart, Township of, Union County.	450241	April 8, 1987, Emerg; February 1, 1991, Reg; August 2, 2011, Susp	......do	Do.
Union, City of, Union County.	450186	June 19, 1975, Emerg; July 16, 1981, Reg; August 2, 2011, Susp	......do	Do.
Region V
Illinois:
Abingdon, City of, Knox County	170348	July 24, 1975, Emerg; February 6, 1984, Reg; August 2, 2011, Susp	......do	Do.
Buda, Village of, Bureau County	171011	July 21, 1983, Emerg; July 21, 1983, Reg; August 2, 2011, Susp	......do	Do.
Bureau County, Unincorporated Areas	170729	July 25, 1973, Emerg; June 15, 1984, Reg; August 2, 2011, Susp	......do	Do.
Cherry, Village of, Bureau County	170011	September 20, 1976, Emerg; January 14, 1983, Reg; August 2, 2011, Susp	......do	Do.
Dalzell, Village of, Bureau County	170851	February 20, 1976, Emerg; September 24, 1984, Reg; August 2, 2011, Susp	......do	Do.
DePue, Village of, Bureau County	170012	August 13, 1974, Emerg; May 1, 1985, Reg; August 2, 2011, Susp	......do	Do.
Galesburg, City of, Knox County	170349	April 3, 1975, Emerg; June 19, 1985, Reg; August 2, 2011, Susp	......do	Do.
Knox County, Unincorporated Areas	170914	January 6, 1976, Emerg; August 24, 1984, Reg; August 2, 2011, Susp	......do	Do.
Knoxville, City of, Knox County	170350	July 16, 1975, Emerg; February 27, 1984, Reg; August 2, 2011, Susp	......do	Do.
London Mills, Village of, Knox County	170763	January 7, 1976, Emerg; October 15, 1982, Reg; August 2, 2011, Susp	......do	Do.
Manlius, Village of, Bureau County	170013	October 1, 1975, Emerg; January 28, 1983, Reg; August 2, 2011, Susp	......do	Do.
Princeton, City of, Bureau County	170014	March 24, 1975, Emerg; September 4, 1985, Reg; August 2, 2011, Susp	......do	Do.
Spring Valley, City of, Bureau County	170015	April 28, 1975, Emerg; September 18, 1985, Reg; August 2, 2011, Susp	......do	Do.
Tiskilwa, Village of, Bureau County	170016	September 8, 1975, Emerg; August 19, 1985, Reg; August 2, 2011, Susp	......do	Do.
Walnut, Village of, Bureau County	170017	April 14, 1975, Emerg; March 15, 1984, Reg; August 2, 2011, Susp	......do	Do.
Indiana:
Bristol, Town of, Elkhart County	180060	July 11, 1975, Emerg; April 16, 1979, Reg; August 2, 2011, Susp	......do	Do.
Elkhart, City of, Elkhart County	180057	February 9, 1973, Emerg; August 1, 1979, Reg; August 2, 2011, Susp	......do	Do.
Elkhart County, Unincorporated Areas	180056	February 9, 1973, Emerg; November 1, 1979, Reg; August 2, 2011, Susp	......do	Do.
Goshen, City of, Elkhart County	180058	March 30, 1973, Emerg; August 1, 1979, Reg; August 2, 2011, Susp	......do	Do.
Middlebury, Town of, Elkhart County	180460	August 17, 1983, Emerg; August 17, 1983, Reg; August 2, 2011, Susp	......do	Do.
Nappanee, City of, Elkhart County	180059	May 30, 1975, Emerg; August 15, 1983, Reg; August 2, 2011, Susp	......do	Do.
Ohio:
Covington, Village of, Miami County	390399	July 24, 1975, Emerg; September 2, 1982, Reg; August 2, 2011, Susp	......do	Do.
Fletcher, Village of, Miami County	390900	N/A, Emerg; September 4, 1996, Reg; August 2, 2011, Susp	......do	Do.
Laura, Village of, Miami County	390835	N/A, Emerg; May 11, 1995, Reg; August 2, 2011, Susp	......do	Do.
Miami County, Unincorporated Areas	390398	April 1, 1976, Emerg; January 19, 1983, Reg; August 2, 2011, Susp	......do	Do.
Piqua, City of, Miami County	390400	May 27, 1975, Emerg; November 9, 1979, Reg; August 2, 2011, Susp	......do	Do.
Troy, City of, Miami County	390402	March 12, 1975, Emerg; June 15, 1979, Reg; August 2, 2011, Susp	......do	Do.
West Milton, Village of, Miami County	390403	June 24, 1975, Emerg; June 15, 1979, Reg; August 2, 2011, Susp	......do	Do.
Wisconsin:
Cleveland, Village of, Manitowoc County	550237	September 7, 1973, Emerg; May 15, 1978, Reg; I>August 2, 2011, Susp	......do	Do.
Kiel, City of, Manitowoc County	550239	July 10, 1975, Emerg; January 3, 1985, Reg; August 2, 2011, Susp	......do	Do.
Manitowoc, City of, Manitowoc County	550240	May 21, 1971, Emerg; April 15, 1977, Reg; August 2, 2011, Susp	......do	Do.
Manitowoc County, Unincorporated Areas	550236	July 18, 1973, Emerg; September 15, 1978, Reg; August 2, 2011, Susp	......do	Do.
Mishicot, Village of, Manitowoc County	555566	April 9, 1971, Emerg; May 13, 1972, Reg; August 2, 2011, Susp	......do	Do.
Reedsville, Village of, Manitowoc County	550242	June 23, 1975, Emerg; September 30, 1988, Reg; August 2, 2011, Susp	......do	Do.
Two Rivers, City of, Manitowoc County	550243	August 22, 1973, Emerg; April 3, 1978, Reg; August 2, 2011, Susp	......do	Do.
Region VI
Arkansas:
Charleston, City of, Franklin County	050080	May 19, 1975, Emerg; November 15, 1985, Reg; August 2, 2011, Susp	......do	Do.
Franklin County, Unincorporated Areas	050432	July 15, 1987, Emerg; July 17, 1997, Reg; August 2, 2011, Susp	......do	Do.
Region VII
Iowa:
Burlington, City of, Des Moines County	190114	April 15, 1975, Emerg; July 2, 1981, Reg; August 2, 2011, Susp	......do	Do.
Des Moines County, Unincorporated Areas.	190113	N/A, Emerg; July 20, 1993, Reg; August 2, 2011, Susp	......do	Do.
Iowa County, Unincorporated Areas.	190878	June 9, 2008, Emerg; May 1, 2011, Reg; August 2, 2011, Susp	......do	Do.
Ladora, City of, Iowa County.	190425	July 14, 2010, Emerg; May 1, 2011, Reg; August 2, 2011, Susp	......do	Do.
Marengo, City of, Iowa County.	190157	September 4, 1974, Emerg; January 16, 1980, Reg; August 2, 2011, Susp	......do	Do.
Victor, City of, Iowa County.	190426	June 14, 1976, Emerg; August 1, 1986, Reg; August 2, 2011, Susp	......do	Do.
Williamsburg, City of, Iowa County.	190427	November 15, 1976, Emerg; September 6, 1989, Reg; August 2, 2011, Susp	......do	Do.
Missouri:
Perry County, Unincorporated Areas	290280	April 6, 1982, Emerg; January 6, 1988, Reg; August 2, 2011, Susp	......do	Do.
Perryville, City of, Perry County.	290282	July 29, 1975, Emerg; August 4, 1983, Reg; August 2, 2011, Susp	......do	Do.
* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: July 13, 2011.

Edward L. Connor,

Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency.