2011-1977. 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 II
New York:
Bloomingburg, Village of, Sullivan County	361473	November 28, 1975, Emerg; April 17, 1985, Reg; February 18, 2011, Susp.	Feb. 18, 2011	Feb. 18, 2011.
Fallsburg, Town of, Sullivan County	360819	October 29, 1974, Emerg; March 9, 1984, Reg; February 18, 2011, Susp.	......do*	Do.
Fremont, Town of, Sullivan County	360821	April 11, 1975, Emerg; May 25, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Highland, Town of, Sullivan County	360822	August 30, 1974, Emerg; March 23, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Jeffersonville, Village of, Sullivan County	361474	June 19, 1975, Emerg; March 23, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Lumberland, Town of, Sullivan County	360825	April 21, 1975, Emerg; February 27, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Mamakating, Town of, Sullivan County	360826	October 6, 1976, Emerg; September 24, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Monticello, Village of, Sullivan County	361613	May 10, 1984, Emerg; May 10, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Neversink, Town of, Sullivan County	360828	July 7, 1975, Emerg; May 25, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Tusten, Town of, Sullivan County	360831	May 13, 1975, Emerg; August 27, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Wurtsboro, Village of, Sullivan County	361476	December 23, 1975, Emerg; May 25, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Region III
Pennsylvania:
Ayr, Township of, Fulton County	422428	March 9, 1977, Emerg; July 2, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Belfast, Township of, Fulton County	421659	November 15, 1984, Emerg; August 5, 1985, Reg; February 18, 2011, Susp.	......do	Do.
Bethel, Township of, Fulton County	422429	June 11, 1976, Emerg; June 11, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Brush Creek, Township of, Fulton County	421660	July 11, 1984, Emerg; October 15, 1985, Reg; February 18, 2011, Susp.	......do	Do.
Dublin, Township of, Fulton County	421661	August 5, 1975, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Licking Creek, City of, Fulton County	421662	February 3, 1977, Emerg; May 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
McConnellsburgh, Borough of, Fulton County	422701	April 7, 1995, Emerg; February 9, 2001, Reg; February 18, 2011, Susp.	......do	Do.
Taylor, Township of, Fulton County	421663	October 14, 1975, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Thompson, Township of, Fulton County	421664	December 23, 1977, Emerg; June 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Todd, Township of, Fulton County	421665	December 11, 1975, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Union, Township of, Fulton County	422430	December 19, 1977, Emerg; February 25, 1983, Reg; February 18, 2011, Susp.	......do	Do.
Wells, Township of, Fulton County	421666	December 4, 1975, Emerg; May 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Virginia:
Appalachia, Town of, Wise County	510319	March 27, 1975, Emerg; September 17, 1980, Reg; February 18, 2011, Susp.	......do	Do.
Big Stone Gap, Town of, Wise County	515521	June 19, 1970, Emerg; December 11, 1970, Reg; February 18, 2011, Susp.	......do	Do.
Bluefield, Town of, Tazewell County	510161	July 30, 1973, Emerg; July 17, 1978, Reg; February 18, 2011, Susp.	......do	Do.
Cedar Bluff, Town of, Tazewell County	510162	November 29, 1974, Emerg; April 4, 1983, Reg; February 18, 2011, Susp.	......do	Do.
Coeburn, Town of, Wise County	510176	March 6, 1975, Emerg; July 2, 1980, Reg; February 18, 2011, Susp.	......do	Do.
Jonesville, Town of, Lee County	510086	July 2, 1975, Emerg; October 30, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Lee County, Unincorporated Areas	510085	January 23, 1975, Emerg; March 4, 1987, Reg; February 18, 2011, Susp.	......do	Do.
Norton, City of, Independent City	510108	March 17, 1972, Emerg; February 16, 1977, Reg; February 18, 2011, Susp.	......do	Do.
Pennington Gap, Town of, Lee County	510087	June 17, 1975, Emerg; September 4, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Pocahontas, Town of, Tazewell County	510337	September 14, 1983, Emerg; September 14, 1983, Reg; February 18, 2011, Susp.	......do	Do.
Pound, Town of, Wise County	510177	January 24, 1975, Emerg; March 2, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Richlands, Town of, Tazewell County	510163	December 5, 1974, Emerg; April 4, 1983, Reg; February 18, 2011, Susp.	......do	Do.
St. Charles, Town of, Lee County	510088	April 21, 1975, Emerg; September 4, 1986, Reg; February 18, 2011, Susp.	......do	Do.
St. Paul, Town of, Russell and Wise Counties	515530	June 19, 1970, Emerg; December 4, 1970, Reg; February 18, 2011, Susp.	......do	Do.
Tazewell, Town of, Tazewell County	510164	October 9, 1974, Emerg; August 15, 1983, Reg; February 18, 2011, Susp.	......do	Do.
Tazewell County, Unincorporated Areas	510160	May 13, 1975, Emerg; September 1, 1983, Reg; February 18, 2011, Susp.	......do	Do.
Wise, Town of, Wise County	510179	March 3, 1975, Emerg; April 15, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Wise County, Unincorporated Areas	510174	October 30, 1974, Emerg; August 17, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Region IV
Alabama:
Chambers County, Unincorporated Areas	010026	July 29, 1975, Emerg; July 4, 1988, Reg; February 18, 2011, Susp.	......do	Do.
Lafayette, City of, Chambers County	010028	September 30, 1975, Emerg; September 18, 1985, Reg; February 18, 2011, Susp.	......do	Do.
Lanett, City of, Chambers County	010029	May 13, 1975, Emerg; July 4, 1988, Reg; February 18, 2011, Susp.	......do	Do.
Valley, City of, Chambers County	010424	September 15, 1998, Emerg; February 18, 2011, Reg; February 18, 2011, Susp.	......do	Do.
Mississippi:
Columbus, City of, Lowndes County	280108	March 3, 1972, Emerg; July 13, 1976, Reg; February 18, 2011, Susp.	......do	Do.
Lowndes County, Unincorporated Areas	280193	January 14, 1974, Emerg; November 15, 1979, Reg; February 18, 2011, Susp.	......do	Do.
Region V
Illinois:
Albany, Village of, Whiteside County	170688	April 1, 1974, Emerg; June 15, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Belvidere, City of, Boone County	170008	June 26, 1974, Emerg; January 6, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Boone County, Unincorporated Areas	170807	May 1, 1974, Emerg; November 17, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Cherry Valley, Village of, Boone and Winnebago Counties	170721	February 18, 1975, Emerg; March 16, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Elkhart, Village of, Logan County	171010	February 12, 1982, Emerg; September 4, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Erie, Village of, Whiteside County	170689	February 11, 1974, Emerg; February 15, 1985, Reg; February 18, 2011, Susp.	......do	Do.
Fulton, City of, Whiteside County	170690	July 2, 1975, Emerg; May 17, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Lincoln, City of, Logan County	170428	June 16, 1975, Emerg; October 16, 1979, Reg; February 18, 2011, Susp.	......do	Do.
Loves Park, City of, Boone and Winnebago Counties	170722	February 23, 1973, Emerg; October 17, 1978, Reg; February 18, 2011, Susp.	......do	Do.
Lyndon, Village of, Whiteside County	170917	March 15, 1979, Emerg; March 1, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Morrison, City of, Whiteside County	170691	June 10, 1975, Emerg; September 30, 1988, Reg; February 18, 2011, Susp.	......do	Do.
Prophetstown, City of, Whiteside County	170692	April 8, 1974, Emerg; August 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Rock Falls, City of, Whiteside County	170694	May 1, 1974, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Sterling, City of, Whiteside County	170693	April 2, 1975, Emerg; October 5, 1984, Reg; February 18, 2011, Susp.	......do	Do.
Whiteside County, Unincorporated Areas	170687	March 16, 1973, Emerg; February 19, 1986, Reg; February 18, 2011, Susp.	......do	Do.
Indiana:
Seelyville, Town of, Vigo County	180310	November 24, 1975, Emerg; May 25, 1978, Reg; February 18, 2011, Susp.	......do	Do.
Terre Haute, City of, Vigo County	180264	January 23, 1974, Emerg; December 1, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Vigo County, Unincorporated Areas	180263	June 28, 1974, Emerg; November 2, 1983, Reg; February 18, 2011, Susp.	......do	Do.
Region VI
Louisiana:
Calcasieu Parish, Unincorporated Areas	220037	December 31, 1971, Emerg; September 29, 1978, Reg; February 18, 2011, Susp.	......do	Do.
De Quincy, City of, Calcasieu Parish	220038	August 29, 1973, Emerg; April 2, 1979, Reg; February 18, 2011, Susp.	......do	Do.
Vinton, Town of, Calcasieu Parish	220042	February 6, 1975, Emerg; July 16, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Texas:
Bailey, City of, Fannin County	480808	November 29, 1991, Emerg; July 1, 1992, Reg; February 18, 2011, Susp.	......do	Do.
Bonham, City of, Fannin County	480222	January 3, 1975, Emerg; May 5, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Fannin County, Unincorporated Areas	480807	September 9, 2004, Emerg; January 4, 2005, Reg; February 18, 2011, Susp.	......do	Do.
Hale County, Unincorporated Areas	481223	July 26, 1985, Emerg; February 1, 1988, Reg; February 18, 2011, Susp.	......do	Do.
Leonard, City of, Fannin County	480812	August 15, 2005, Emerg; February 11, 2009, Reg; February 18, 2011, Susp.	......do	Do.
Plainview, City of, Hale County	480275	September 7, 1973, Emerg; March 16, 1989, Reg; February 18, 2011, Susp.	......do	Do.
Whitewright, Town of, Fannin and Grayson Counties	480839	December 18, 1981, Emerg; June 19, 1985, Reg; February 18, 2011, Susp.	......do	Do.
Windom, Town of, Fannin County	481165	January 27, 2010, Emerg; February 18, 2011, Reg; February 18, 2011, Susp.	......do	Do.
Region VII
Iowa:
Bettendorf, City of, Scott County	190240	February 4, 1972, Emerg; June 1, 1978, Reg; February 18, 2011, Susp.	......do	Do.
Buffalo, City of, Scott County	190241	September 26, 1974, Emerg; September 17, 1980, Reg; February 18, 2011, Susp.	......do	Do.
Davenport, City of, Scott County	190242	July 25, 1973, Emerg; March 1, 1978, Reg; February 18, 2011, Susp.	......do	Do.
Donahue, City of, Scott County	190505	February 10, 1988, Emerg; May 1, 1990, Reg; February 18, 2011, Susp.	......do	Do.
Panorama Park, City of, Scott County	190506	N/A, Emerg; December 17, 1990, Reg; February 18, 2011, Susp.	......do	Do.
Riverdale, City of, Scott County	190245	July 7, 1975, Emerg; January 5, 1978, Reg; February 18, 2011, Susp.	......do	Do.
Scott County, Unincorporated Areas	190239	December 30, 1971, Emerg; June 1, 1977, Reg; February 18, 2011, Susp.	......do	Do.
Walcott, City of, Muscatine and Scott Counties	190675	July 29, 1998, Emerg; November 7, 2001, Reg; February 18, 2011, Susp.	......do	Do.
Nebraska:
Bennet, Village of, Lancaster County	310251	August 3, 1976, Emerg; March 2, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Denton, Village of, Lancaster County	310498	July 9, 1998, Emerg; September 21, 2001, Reg; February 18, 2011, Susp.	......do	Do.
Firth, Village of, Lancaster County	310135	July 22, 1975, Emerg; April 15, 1981, Reg; February 18, 2011, Susp.	......do	Do.
Hickman, City of, Lancaster County	310136	May 27, 1975, Emerg; February 3, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Lancaster County, Unincorporated Areas	310134	February 16, 1979, Emerg; February 3, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Lincoln, City of, Lancaster County	315273	April 17, 1970, Emerg; April 23, 1971, Reg; February 18, 2011, Susp.	......do	Do.
Malcolm, Village of, Lancaster County	310500	N/A, Emerg; March 30, 2009, Reg; February 18, 2011, Susp.	......do	Do.
Raymond, Village of, Lancaster County	310138	April 18, 1985, Emerg; April 18, 1985, Reg; February 18, 2011, Susp.	......do	Do.
Sprague, Village of, Lancaster County	310495	October 18, 1996, Emerg; September 21, 2001, Reg; February 18, 2011, Susp.	......do	Do.
Talmage, Village of, Otoe County	310167	December 23, 1974, Emerg; June 1, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Waverly, City of, Lancaster County	310140	June 13, 1975, Emerg; April 15, 1982, Reg; February 18, 2011, Susp.	......do	Do.
Region IX
California: Wheatland, City of, Yuba County	060460	February 10, 1976, Emerg; September 29, 1986, Reg; February 18, 2011, Susp.	......do	Do.
......do* = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: January 21, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation