2011-20279. 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: Hampton, City of, Independent City	515527	March 27, 1970, Emerg; January 15, 1971, Reg; August 16, 2011, Susp.	Aug. 16, 2011	Aug. 16, 2011.
Region IV
Alabama: Heflin, City of, Cleburne County	010043	May 28, 1975, Emerg; July 5, 1982, Reg; August 16, 2011, Susp.	......do*	do.
Mississippi:
Mize, Town of, Smith County	280160	July 26, 1976, Emerg; January 1, 1986, Reg; August 16, 2011, Susp.	......do	do.
Smith County, Unincorporated Areas	280306	June 8, 1990, Emerg; July 1, 1991, Reg; August 16, 2011, Susp.	......do	do.
Taylorsville, Town of, Smith County	280161	July 28, 1975, Emerg; June 17, 1986, Reg; August 16, 2011, Susp.	......do	do.
Region V
Illinois:
Ashkum, Village of, Iroquois County	170287	June 16, 1975, Emerg; April 20, 1979, Reg; August 16, 2011, Susp.	......do	do.
Cissna Park, Village of, Iroquois County	170289	June 13, 1975, Emerg; September 29, 1986, Reg; August 16, 2011, Susp.	......do	do.
Crescent City, Village of, Iroquois County	170291	December 26, 1974, Emerg; September 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Gilman, City of, Iroquois County	170293	July 28, 1975, Emerg; September 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Iroquois, Village of, Iroquois County	170793	April 11, 1975, Emerg; September 4, 1985, Reg; August 16, 2011, Susp.	......do	do.
Iroquois County, Unincorporated Areas	170731	December 17, 1973, Emerg; September 30, 1988, Reg; August 16, 2011, Susp.	......do	do.
Milford, Village of, Iroquois County	170294	April 10, 1975, Emerg; September 29, 1986, Reg; August 16, 2011, Susp.	......do	do.
Thawville, Village of, Iroquois County	170913	January 2, 1976, Emerg; August 1, 1986, Reg; August 16, 2011, Susp.	......do	do.
Watseka, City of, Iroquois County	170297	December 10, 1974, Emerg; June 15, 1979, Reg; August 16, 2011, Susp.	......do	do.
Woodland, Village of, Iroquois County	170819	June 25, 1975, Emerg; September 30, 1988, Reg; August 16, 2011, Susp.	......do	do.
Michigan:
Alaiedon, Township of, Ingham County	260670	April 9, 1976, Emerg; September 28, 1979, Reg; August 16, 2011, Susp.	......do	do.
Aurelius, Township of, Ingham County	261321	January 4, 2011, Emerg; N/A, Reg; August 16, 2011, Susp.	......do	do.
Delhi, Charter Township of, Ingham County	260088	September 15, 1975, Emerg; July 16, 1981, Reg; August 16, 2011, Susp.	......do	do.
Lansing, Charter Township of, Ingham County	260632	August 25, 1975, Emerg; February 4, 1981, Reg; August 16, 2011, Susp.	......do	do.
Lansing, City of, Ingham County	260090	March 9, 1973, Emerg; March 2, 1981, Reg; August 16, 2011, Susp.	......do	do.
Leroy, Township of, Ingham County	260906	April 19, 1993, Emerg; N/A, Reg; August 16, 2011, Susp.	......do	do.
Leslie, City of, Ingham County	260091	July 25, 1975, Emerg; August 10, 1979, Reg; August 16, 2011, Susp.	......do	do.
Locke, Township of, Ingham County	260671	April 14, 1976, Emerg; August 10, 1979, Reg; August 16, 2011, Susp.	......do	do.
Mason, City of, Ingham County	260092	April 24, 1975, Emerg; October 15, 1982, Reg; August 16, 2011, Susp.	......do	do.
Meridian, Charter Township of, Ingham County	260093	December 30, 1971, Emerg; February 2, 1977, Reg; August 16, 2011, Susp.	......do	do.
Stockbridge, Township of, Ingham County	261326	August 30, 2010, Emerg; N/A, Reg; August 16, 2011, Susp.	......do	do.
Stockbridge, Village of, Ingham County	260573	January 19, 1977, Emerg; September 4, 1986, Reg; August 16, 2011, Susp.	......do	do.
Webberville, Village of, Ingham County	260416	June 24, 1976, Emerg; August 10, 1979, Reg; August 16, 2011, Susp.	......do	do.
White Oak, Township of, Ingham County	260417	April 28, 1988, Emerg; July 16, 1990, Reg; August 16, 2011, Susp.	......do	do.
Williamston, City of, Ingham County	260094	July 24, 1975, Emerg; April 1, 1982, Reg; August 16, 2011, Susp.	......do	do.
Williamstown, Township of, Ingham County	260095	January 27, 1977, Emerg; April 15, 1982, Reg; August 16, 2011, Susp.	......do	do.
Minnesota:
Benton County, Unincorporated Areas	270019	August 13, 1974, Emerg; January 2, 1981, Reg; August 16, 2011, Susp.	......do	do.
Foley, City of, Benton County	270020	May 2, 1974, Emerg; September 18, 1985, Reg; August 16, 2011, Susp.	......do	do.
Royalton, City of, Benton County	270303	April 5, 1974, Emerg; March 28, 1980, Reg; August 16, 2011, Susp.	......do	do.
Sartell, City of, Benton County	270460	July 5, 1974, Emerg; February 15, 1980, Reg; August 16, 2011, Susp.	......do	do.
Sauk Rapids, City of, Benton County	270023	June 18, 1973, Emerg; October 14, 1977, Reg; August 16, 2011, Susp.	......do	do.
St. Cloud, City of, Benton County	270456	March 31, 1972, Emerg; April 1, 1977, Reg; August 16, 2011, Susp.	......do	do.
Ohio:
Berkey, Village of, Lucas County	390901	N/A, Emerg; March 8, 2005, Reg; August 16, 2011, Susp.	......do	do.
Byesville, Village of, Guernsey County	390199	June 17, 1975, Emerg; February 17, 1989, Reg; August 16, 2011, Susp.	......do	do.
Cumberland, Village of, Guernsey County	390824	October 26, 1988, Emerg; February 17, 1989, Reg; August 16, 2011, Susp.	......do	do.
Harbor View, Village of, Lucas County	390702	October 8, 1976, Emerg; May 25, 1978, Reg; August 16, 2011, Susp.	......do	do.
Holland, Village of, Lucas County	390659	March 13, 1975, Emerg; September 22, 1978, Reg; August 16, 2011, Susp.	......do	do.
Lore City, Village of, Guernsey County	390202	March 25, 1976, Emerg; February 17, 1989, Reg; August 16, 2011, Susp.	......do	do.
Lucas County, Unincorporated Areas	390359	March 9, 1977, Emerg; March 16, 1983, Reg; August 16, 2011, Susp.	......do	do.
Maumee, City of, Lucas County	390360	July 25, 1975, Emerg; March 28, 1980, Reg; August 16, 2011, Susp.	......do	do.
Oregon, City of, Lucas County	390361	March 16, 1973, Emerg; March 15, 1978, Reg; August 16, 2011, Susp.	......do	do.
Ottawa Hills, Village of, Lucas County	390362	October 24, 1975, Emerg; June 4, 1980, Reg; August 16, 2011, Susp.	......do	do.
Pleasant City, Village of, Guernsey County	390203	April 7, 1976, Emerg; January 5, 1979, Reg; August 16, 2011, Susp.	......do	do.
Quaker City, Village of, Guernsey County	390853	August 28, 1980, Emerg; February 17, 1989, Reg; August 16, 2011, Susp.	......do	do.
Sencecaville, Village of, Guernsey County	390858	September 15, 1989, Emerg; September 15, 1989, Reg; August 16, 2011, Susp.	......do	do.
Swanton, Village of, Lucas County	390632	N/A, Emerg; April 9, 1996, Reg; August 16, 2011, Susp.	......do	do.
Sylvania, City of, Lucas County	390364	February 18, 1972, Emerg; July 5, 1977, Reg; August 16, 2011, Susp.	......do	do.
Toledo, City of, Lucas County	395373	December 18, 1970, Emerg; June 4, 1980, Reg; August 16, 2011, Susp.	......do	do.
Waterville, Village of, Lucas County	390637	April 9, 1975, Emerg; January 2, 1981, Reg; August 16, 2011, Susp.	......do	do.
Whitehouse, Village of, Lucas County	390639	August 27, 1975, Emerg; May 19, 1981, Reg; August 16, 2011, Susp.	......do	do.
Wisconsin:
Lincoln County, Unincorporated Areas	550585	March 8, 1976, Emerg; February 19, 1986, Reg; August 16, 2011, Susp.	......do	do.
Merrill, City of, Lincoln County	555565	April 9, 1971, Emerg; July 20, 1973, Reg; August 16, 2011, Susp.	......do	do.
Tomahawk, City of, Lincoln County	550235	November 29, 1974, Emerg; September 4, 1985, Reg; August 16, 2011, Susp.	......do	do.
Region VI
Texas:
Brenham, City of, Washington County	480648	December 31, 1974, Emerg; August 17, 1981, Reg; August 16, 2011, Susp.	......do	do.
Huntsville, City of, Walker County	480639	January 20, 1975, Emerg; February 4, 1981, Reg; August 16, 2011, Susp.	......do	do.
Montague County, Unincorporated Areas	480939	August 30, 1982, Emerg; January 17, 1991, Reg; August 16, 2011, Susp.	......do	do.
Nocona, City of, Montague County	480482	July 22, 1975, Emerg; November 21, 1978, Reg; August 16, 2011, Susp.	......do	do.
Paris, City of, Lamar County	480427	February 25, 1972, Emerg; December 15, 1983, Reg; August 16, 2011, Susp.	......do	do.
Reno, City of, Lamar County	481254	January 9, 1980, Emerg; September 28, 1982, Reg; August 16, 2011, Susp.	......do	do.
Riverside, City of, Walker County	481044	June 28, 2000, Emerg; November 1, 2007, Reg; August 16, 2011, Susp.	......do	do.
Walker County, Unincorporated Areas	481042	August 18, 1978, Emerg; May 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Washington County, Unincorporated Areas	481188	January 16, 2001, Emerg; December 1, 2007, Reg; August 16, 2011, Susp.	......do	do.
Region VII
Iowa:
Elgin, City of, Fayette County	190125	June 18, 1975, Emerg; August 4, 1987, Reg; August 16, 2011, Susp.	......do	do.
Fayette County, Unincorporated Areas	190866	November 27, 1990, Emerg; July 1, 1991, Reg; August 16, 2011, Susp.	......do	do.
Fayette, City of, Fayette County	190376	April 27, 1978, Emerg; September 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Maynard, City of, Fayette County	190377	September 29, 1976, Emerg; August 1, 1986, Reg; August 16, 2011, Susp.	......do	do.
Oelwein, City of, Fayette County	190126	October 14, 1975, Emerg; July 4, 1988, Reg; August 16, 2011, Susp.	......do	do.
Waucoma, City of, Fayette County	190381	July 15, 1983, Emerg; September 29, 1986, Reg; August 16, 2011, Susp.	......do	do.
What Cheer, City of, Keokuk County	190179	January 28, 1976, Emerg; August 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Nebraska:
Butler County, Unincorporated Areas	310025	October 29, 1998, Emerg; N/A, Reg; August 16, 2011, Susp.	......do	do.
Bruno, Village of, Butler County	310027	June 4, 1975, Emerg; January 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Linwood, Village of, Butler County	310028	May 25, 1976, Emerg; January 1, 1987, Reg; August 16, 2011, Susp.	......do	do.
Surprise, Village of, Butler County	310408	July 22, 2009, Emerg; N/A, Reg; August 16, 2011, Susp.	......do	do.
Ulysses, Village of, Butler County	310029	May 6, 1975, Emerg; October 31, 1983, Reg; August 16, 2011, Susp.	......do	do.
*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: July 29, 2011

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.