2011-23219. 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
Connecticut:
East Hartford, Town of, Hartford County	090026	December 29, 1972, Emerg; December 18, 1979, Reg; September 16, 2011, Susp.	Sept. 16, 2011	Sept. 16, 2011
Hartford, City of, Hartford County	095080	June 30, 1970, Emerg; April 28, 1972, Reg; September 16, 2011, Susp.	......do	Do.
Region IV
Alabama:
Albertville, City of, Marshall County	010366	October 13, 1976, Emerg; September 4, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Arab, City of, Marshall County	010345	March 21, 1977, Emerg; August 1, 1987, Reg; September 16, 2011, Susp.	......do	Do.
Grant, Town of, Marshall County	010282	N/A, Emerg; June 11, 2009, Reg; September 16, 2011, Susp.	......do	Do.
Guntersville, City of, Marshall County	010311	May 5, 1975, Emerg; August 19, 1991, Reg; September 16, 2011, Susp.	......do	Do.
Haleyville, City of, Winston County	010303	October 23, 1975, Emerg; June 25, 1976, Reg; September 16, 2011, Susp.	......do	Do.
Marshall County, Unincorporated Areas	010275	N/A, Emerg; June 4, 1991, Reg; September 16, 2011, Susp.	......do	Do.
Winston County, Unincorporated Areas	010304	January 14, 1991, Emerg; September 1, 1991, Reg; September 16, 2011, Susp.	......do	Do.
Mississippi:
Carthage, City of, Leake County	280097	October 18, 1974, Emerg; August 19, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Leake County, Unincorporated Areas	280293	April 23, 1979, Emerg; September 15, 1989, Reg; September 16, 2011, Susp.	......do	Do.
Pearl River Valley Water Supply District, Leake County	280338	N/A, Emerg; March 5, 1993, Reg; September 16, 2011, Susp.	......do	Do.
Walnut Grove, Town of, Leake County	280098	November 1, 2010, Emerg; N/A, Reg; September 16, 2011, Susp.	......do	Do.
South Carolina:
Cheraw, Town of, Chesterfield County	450050	March 21, 1974, Emerg; September 29, 1978, Reg; September 16, 2011, Susp.	......do	Do.
Cherokee County, Unincorporated Areas	450045	October 21, 1981, Emerg; October 21, 1981, Reg; September 16, 2011, Susp.	......do	Do.
Chester, City of, Chester County	450048	July 7, 1975, Emerg; July 5, 1982, Reg; September 16, 2011, Susp.	......do	Do.
Chester County, Unincorporated Areas	450047	August 20, 1975, Emerg; July 5, 1982, Reg; September 16, 2011, Susp.	......do	Do.
Chesterfield County, Unincorporated Areas	450228	December 15, 1986, Emerg; November 6, 1991, Reg; September 16, 2011, Susp.	......do	Do.
Gaffney, City of, Cherokee County	450046	February 11, 1974, Emerg; August 3, 1981, Reg; September 16, 2011, Susp.	......do	Do.
Great Falls, Town of, Chester County	450049	May 27, 1975, Emerg; June 25, 1976, Reg; September 16, 2011, Susp.	......do	Do.
Newberry, City of, Newberry County	450153	November 27, 1974, Emerg; June 4, 1980, Reg; September 16, 2011, Susp.	......do	Do.
Newberry County, Unincorporated Areas	450224	July 2, 1975, Emerg; December 15, 1990, Reg; September 16, 2011, Susp.	......do	Do.
Whitmire, Town of, Newberry County	450156	July 7, 1975, Emerg; February 1, 1991, Reg; September 16, 2011, Susp.	......do	Do.
Region V
Wisconsin:
Balsam Lake, Village of, Polk County	550333	April 30, 1975, Emerg; July 1, 1988, Reg; September 16, 2011, Susp.	......do	Do.
Frederic, Village of, Polk County	550334	March 24, 1975, Emerg; September 1, 1986, Reg; September 16, 2011, Susp.	......do	Do.
Luck, Village of, Polk County	550335	April 16, 1975, Emerg; July 2, 1987, Reg; September 16, 2011, Susp.	......do	Do.
Osceola, Village of, Polk County	550336	August 20, 1974, Emerg; January 5, 1984, Reg; September 16, 2011, Susp.	......do	Do.
Polk County, Unincorporated Areas	550577	April 22, 1975, Emerg; June 4, 1990, Reg; September 16, 2011, Susp.	......do	Do.
Saint Croix Falls, City of, Polk County	550337	July 18, 1975, Emerg; May 1, 1987, Reg; September 16, 2011, Susp.	......do	Do.
Region VI
Arkansas:
Cave City, City of, Sharp County	050313	December 10, 1982, Emerg; May 1, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Cherokee Village, City of, Sharp County	050603	April 25, 2000, Emerg; April 16, 2004, Reg; September 16, 2011, Susp.	......do	Do.
Evening Shade, Town of, Sharp County	050412	March 23, 1976, Emerg; November 1, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Hardy, City of, Sharp County	050330	November 11, 1977, Emerg; September 4, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Williford, Town of, Sharp County	050575	January 18, 1983, Emerg; March 25, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Oklahoma:
Adair, Town of, Mayes County	400256	N/A, Emerg; January 25, 2010, Reg; September 16, 2011, Susp.	......do	Do.
Chouteau, Town of, Mayes County	400115	May 9, 1975, Emerg; January 26, 1983, Reg; September 16, 2011, Susp.	......do	Do.
Locust Grove, Town of, Mayes County	400116	May 9, 1975, Emerg; September 11, 1978, Reg; September 16, 2011, Susp.	......do	Do.
Mayes County, Unincorporated Areas	400458	April 8, 1987, Emerg; December 1, 1989, Reg; September 16, 2011, Susp.	......do	Do.
Pryor Creek, City of, Mayes County	400117	April 21, 1975, Emerg; July 16, 1987, Reg; September 16, 2011, Susp.	......do	Do.
Salina, Town of, Mayes County	400118	January 26, 1983, Emerg; September 4, 1985, Reg; September 16, 2011, Susp.	......do	Do.
Spavinaw, Town of, Mayes County	400328	December 23, 1976, Emerg; September 21, 1982, Reg; September 16, 2011, Susp.	......do	Do.
Texas:
Coolidge, City of, Limestone County	480911	June 12, 1987, Emerg; November 1, 1989, Reg; September 16, 2011, Susp.	......do	Do.
Kosse, Town of, Limestone County	481151	November 19, 1980, Emerg; July 6, 1982, Reg; September 16, 2011, Susp.	......do	Do.
Limestone County, Unincorporated Areas	480910	February 6, 1979, Emerg; June 1, 1987, Reg; September 16, 2011, Susp.	......do	Do.
Mexia, City of, Limestone County	480442	August 18, 1975, Emerg; August 1, 1980, Reg; September 16, 2011, Susp.	......do	Do.
Region VII
Iowa:
Aplington, City of, Butler County	190335	September 3, 2010, Emerg; N/A, Reg; September 16, 2011, Susp.	......do	Do.
Aredale, City of, Butler County	190035	November 3, 1975, Emerg; August 19, 1986, Reg; September 16, 2011, Susp.	......do	Do.
Clarksville, City of, Butler County	190336	October 28, 1985, Emerg; September 6, 1989, Reg; September 16, 2011, Susp.	......do	Do.
New Hartford, City of, Butler County	190038	November 6, 1974, Emerg; September 29, 1986, Reg; September 16, 2011, Susp.	......do	Do.
Elma, City of, Howard County	190416	May 23, 1978, Emerg; August 1, 1986, Reg; September 16, 2011, Susp.	......do	Do.
Lime Springs, City of, Howard County	190417	January 24, 1977, Emerg; September 1, 1987, Reg; September 16, 2011, Susp.	......do	Do.
Riceville, City of, Howard County	190418	February 21, 1997, Emerg; March 1, 2000, Reg; September 16, 2011, Susp.	......do	Do.
Region VIII
South Dakota:
Meade County, Unincorporated Areas	460054	April 12, 1973, Emerg; August 1, 1978, Reg; September 16, 2011, Susp.	......do	Do.
Sturgis, City of, Meade County	460055	February 9, 1973, Emerg; June 1, 1977, Reg; September 16, 2011, Susp.	......do	Do.
Wyoming:
Dubois, Town of, Fremont County	560018	May 9, 1997, Emerg; November 1, 1998, Reg; September 16, 2011, Susp.	......do	Do.
Fremont County, Unincorporated Areas	560080	July 8, 1975, Emerg; February 1, 1979, Reg; September 16, 2011, Susp.	......do	Do.
Hudson, Town of, Fremont County	560019	September 6, 1974, Emerg; July 17, 1978, Reg; September 16, 2011, Susp.	......do	Do.
Lander, City of, Fremont County	560020	August 23, 1974, Emerg; September 1, 1978, Reg; September 16, 2011, Susp.	......do	Do.
Riverton, City of, Fremont County	560021	May 18, 1999, Emerg; September 1, 1999, Reg; September 16, 2011, Susp.	......do	Do.
Shoshoni, Town of, Fremont County	560078	July 5, 1983, Emerg; May 28, 1986, Reg; September 16, 2011, Susp.	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Sandra K. Knight,

Deputy Associate Administrator for Mitigation.