2011-11301. 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:
Brookview, Town of, Dorchester County	240097	March 17, 1976, Emerg; January 7, 1977, Reg; May 24, 2011, Susp	May 24, 2011	May 24, 2011
Cambridge, City of, Dorchester County	240098	August 12, 1975, Emerg; January 16, 1981, Reg; May 24, 2011, Susp	*......do	do.
Church Creek, Town of, Dorchester County	240101	N/A, Emerg; July 25, 1995, Reg; May 24, 2011, Susp	......do	do.
Dorchester County, Unincorporated Areas	240026	January 23, 1974, Emerg; October 15, 1981, Reg; May 24, 2011, Susp	......do	do.
Eldorado, Town of, Dorchester County	240105	November 11, 1975, Emerg; December 15, 1978, Reg; May 24, 2011, Susp	......do	do.
Galestown, Town of, Dorchester County	240106	June 2, 2004, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Secretary, Town of, Dorchester County	240123	June 13, 1975, Emerg; December 19, 1980, Reg; May 24, 2011, Susp	......do	do.
Vienna, Town of, Dorchester County	240127	December 12, 1975, Emerg; December 15, 1978, Reg; May 24, 2011, Susp	......do	do.
Region IV
Kentucky:
Arlington, City of, Carlisle County	210043	September 22, 1980, Emerg; July 2, 1987, Reg; May 24, 2011, Susp	......do	do.
Bardstown, City of, Nelson County	210178	August 8, 1975, Emerg; November 19, 1980, Reg; May 24, 2011, Susp	......do	do.
Bardwell, City of, Carlisle County	210044	September 3, 1980, Emerg; August 1, 1986, Reg; May 24, 2011, Susp	......do	do.
Bloomfield, City of, Nelson County	210179	August 8, 1975, Emerg; June 4, 1980, Reg; May 24, 2011, Susp	......do	do.
Campbellsville, City of, Taylor County	210213	December 17, 1975, Emerg; August 5, 1986, Reg; May 24, 2011, Susp	......do	do.
Estill County, Unincorporated Areas	210279	February 4, 2002, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Fulton, City of, Fulton County	210076	May 30, 1975, Emerg; August 1, 1980, Reg; May 24, 2011, Susp	......do	do.
Fulton County, Unincorporated Areas	210336	December 17, 2004, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Hickman, City of, Fulton County	210077	July 13, 1979, Emerg; July 16, 1987, Reg; May 24, 2011, Susp	......do	do.
Irvine, City of, Estill County	210064	July 30, 1975, Emerg; September 27, 1985, Reg; May 24, 2011, Susp	......do	do.
Nelson County, Unincorporated Areas	210177	July 21, 1975, Emerg; November 5, 1980, Reg; May 24, 2011, Susp	......do	do.
New Haven, City of, Nelson County	210180	August 8, 1975, Emerg; November 5, 1980, Reg; May 24, 2011, Susp	......do	do.
Ravenna, City of, Estill County	210319	May 19, 1976, Emerg; September 18, 1985, Reg; May 24, 2011, Susp	......do	do.
Taylor County, Unincorporated Areas	210212	January 7, 1991, Emerg; February 6, 1991, Reg; May 24, 2011, Susp	......do	do.
Mississippi:
Grenada, City of, Grenada County	280061	June 7, 1973, Emerg; March 1, 1979, Reg; May 24, 2011, Susp	......do	do.
Grenada County, Unincorporated Areas	280060	January 28, 1974, Emerg; December 1, 1978, Reg; May 24, 2011, Susp	......do	do.
South Carolina:
Dillon, Town of, Dillon County	450065	July 18, 1985, Emerg; July 1, 1991, Reg; May 24, 2011, Susp	......do	do.
Dillon County, Unincorporated Areas	450064	N/A, Emerg; April 8, 2008, Reg; May 24, 2011, Susp	......do	do.
Lake View, Town of, Dillon County	450066	July 29, 1975, Emerg; March 2, 1989, Reg; May 24, 2011, Susp	......do	do.
Latta, Town of, Dillon County	450067	October 29, 1974, Emerg; July 3, 1986, Reg; May 24, 2011, Susp	......do	do.
Region V
Illinois:
Arthur, Village of, Douglas and Moultrie Counties	170520	September 2, 1975, Emerg; December 2, 1988, Reg; May 24, 2011, Susp	......do	do.
Atwood, Village of, Douglas and Piatt Counties	170543	March 3, 1976, Emerg; May 25, 1978, Reg; May 24, 2011, Susp	......do	do.
Douglas County, Unincorporated Areas	170194	N/A, Emerg; May 17, 1995, Reg; May 24, 2011, Susp	......do	do.
Newman, City of, Douglas County	170769	April 8, 2009, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Tuscola, City of, Douglas County	170195	October 17, 1975, Emerg; April 1, 1982, Reg; May 24, 2011, Susp	......do	do.
Villa Grove, City of, Douglas County	170196	February 27, 1975, Emerg; February 1, 1979, Reg; May 24, 2011, Susp	......do	do.
Region VII
Missouri:
Everton, City of, Dade County	290589	August 13, 1976, Emerg; August 1, 1986, Reg; May 24, 2011, Susp	......do	do.
Region VIII
North Dakota:
Jamestown, City of, Stutsman County	385366	March 19, 1971, Emerg; May 26, 1972, Reg; May 24, 2011, Susp	......do	do.
Kensal, City of, Stutsman County	380123	January 21, 1976, Emerg; November 20, 1979, Reg; May 24, 2011, Susp	......do	do.
Stutsman County, Unincorporated Areas	380119	February 23, 2010, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Utah:
Cache County, Unincorporated Areas	490012	February 12, 1980, Emerg; February 1, 1987, Reg; May 24, 2011, Susp	......do	do.
Clarkston, Town of, Cache County	490014	August 23, 1976, Emerg; August 19, 1980, Reg; May 24, 2011, Susp	......do	do.
Hyde Park, Town of, Cache County	490016	March 10, 1975, Emerg; July 29, 1980, Reg; May 24, 2011, Susp	......do	do.
Lewiston, City of, Cache County	490018	June 29, 1976, Emerg; July 29, 1980, Reg; May 24, 2011, Susp	......do	do.
Logan, City of, Cache County	490019	November 26, 1974, Emerg; September 28, 1984, Reg; May 24, 2011, Susp	......do	do.
Mendon, City of, Cache County	490020	August 4, 1976, Emerg; July 22, 1980, Reg; May 24, 2011, Susp	......do	do.
Millville, Town of, Cache County	490021	March 13, 1985, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Newton, Town of, Cache County	490022	November 15, 1976, Emerg; July 22, 1980, Reg; May 24, 2011, Susp	......do	do.
Nibley, Town of, Cache County	490023	March 24, 1975, Emerg; August 5, 1986, Reg; May 24, 2011, Susp	......do	do.
North Logan, City of, Cache County	490024	September 26, 1974, Emerg; March 18, 1986, Reg; May 24, 2011, Susp	......do	do.
Providence, City of, Cache County	490226	May 2, 1975, Emerg; February 2, 1984, Reg; May 24, 2011, Susp	......do	do.
River Heights, City of, Cache County	490240	May 12, 2009, Emerg; May 24, 2011, Reg; May 24, 2011, Susp	......do	do.
Smithfield, City of, Cache County	490029	December 18, 1974, Emerg; March 18, 1986, Reg; May 24, 2011, Susp	......do	do.
Wellsville, City of, Cache County	490031	July 18, 1975, Emerg; July 29, 1980, Reg; May 24, 2011, Susp	......do	do.
Region X
Idaho:
Caldwell, City of, Canyon County	160036	May 2, 1975, Emerg; September 3, 1980, Reg; May 24, 2011, Susp	......do	do.
Canyon County, Unincorporated Areas	160208	June 17, 1975, Emerg; September 28, 1984, Reg; May 24, 2011, Susp	......do	do.
Middleton, City of, Canyon County	160037	May 22, 1975, Emerg; September 3, 1980, Reg; May 24, 2011, Susp	......do	do.
Nampa, City of, Canyon County	160038	May 20, 1975, Emerg; September 28, 1984, Reg; May 24, 2011, Susp	......do	do.
Notus, City of, Canyon County	160147	October 4, 1976, Emerg; March 18, 1980, Reg; May 24, 2011, Susp	......do	do.
Parma, City of, Canyon County	160039	July 27, 1976, Emerg; September 30, 1980, Reg; May 24, 2011, Susp	......do	do.
Star, City of, Ada and Canyon Counties	160236	N/A, Emerg; September 6, 2002, Reg; May 24, 2011, Susp	......do	do.
*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.

Dated: April 26, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.