2011-13139. 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 IV
Kentucky:
Beaver Dam, City of, Ohio County	210184	June 12, 1975, Emerg; September 27, 1985, Reg; June 2, 2011, Susp	June 2, 2011	June 2, 2011.
Benton, City of, Marshall County	210163	September 22, 1972, Emerg; March 15, 1977, Reg; June 2, 2011, Susp	......do	Do.
Calvert City, City of, Marshall County	210164	July 8, 1975, Emerg; August 5, 1985, Reg; June 2, 2011, Susp	......do	Do.
Carter County, Unincorporated Areas	210050	January 20, 1976, Emerg; February 15, 1984, Reg; June 2, 2011, Susp	......do	Do.
Gratz, City of, Owen County	210321	June 18, 1976, Emerg; August 19, 1986, Reg; June 2, 2011, Susp	......do	Do.
Grayson, City of, Carter County	210051	July 10, 1975, Emerg; August 16, 1982, Reg; June 2, 2011, Susp	......do	Do.
Hardin, City of, Marshall County	210303	October 15, 1997, Emerg; July 1, 2001, Reg; June 2, 2011, Susp	......do	Do.
Hartford, City of, Ohio County	210357	September 8, 1982, Emerg; September 4, 1985, Reg; June 2, 2011, Susp	......do	Do.
Jessamine County, Unincorporated Areas	210125	April 16, 1973, Emerg; August 1, 1978, Reg; June 2, 2011, Susp	......do	Do.
Marshall County, Unincorporated Areas	210252	N/A, Emerg; April 1, 1997, Reg; June 2, 2011, Susp	......do	Do.
Monterey, City of, Owen County	210295	April 20, 1976, Emerg; August 5, 1986, Reg; June 2, 2011, Susp	......do	Do.
Nicholasville, City of, Jessamine County	210126	June 11, 1975, Emerg; April 17, 1989, Reg; June 2, 2011, Susp	......do	Do.
Ohio County, Unincorporated Areas	210183	August 3, 1983, Emerg; September 29, 1989, Reg; June 2, 2011, Susp	......do	Do.
Olive Hill, City of, Carter County	210052	July 29, 1975, Emerg; August 16, 1982, Reg; June 2, 2011, Susp	......do	Do.
Owen County, Unincorporated Areas	210186	May 2, 1997, Emerg; July 1, 1999, Reg; June 2, 2011, Susp	......do	Do.
Wilmore, City of, Jessamine County	210311	January 17, 1975, Emerg; November 5, 1986, Reg; June 2, 2011, Susp	......do	Do.
Mississippi:
Macon, City of, Noxubee County	280123	April 29, 1975, Emerg; January 1, 1986, Reg; June 2, 2011, Susp	......do	Do.
Monticello, Town of, Lawrence County	280225	April 27, 1979, Emerg; April 2, 1986, Reg; June 2, 2011, Susp	......do	Do.
Noxubee County, Unincorporated Areas	280305	December 21, 1978, Emerg; July 1, 1987, Reg; June 2, 2011, Susp	......do	Do.
Silver Creek, Town of, Lawrence County	280226	November 3, 2008, Emerg; June 2, 2011, Reg; June 2, 2011, Susp	......do	Do.
Region V
Illinois:
Adams County, Unincorporated Areas	170001	November 27, 1974, Emerg; November 15, 1985, Reg; June 2, 2011, Susp	......do	Do.
Cleveland, Village of, Henry County	170748	April 8, 1977, Emerg; August 1, 1980, Reg; June 2, 2011, Susp	......do	Do.
Coal Valley, Village of, Henry and Rock Island Counties	170585	September 26, 1974, Emerg; December 4, 1979, Reg; June 2, 2011, Susp	......do	Do.
Colona, City of, Henry County	170749	July 7, 1976, Emerg; September 17, 1980, Reg; June 2, 2011, Susp	......do	Do.
Crawford County, Unincorporated Areas	170939	N/A, Emerg; March 14, 1996, Reg; June 2, 2011, Susp	......do	Do.
Florence, Village of, Pike County	170552	May 27, 1976, Emerg; February 18, 1981, Reg; June 2, 2011, Susp	......do	Do.
Geneseo, City of, Henry County	170284	March 31, 1972, Emerg; May 16, 1977, Reg; June 2, 2011, Susp	......do	Do.
Henry County, Unincorporated Areas	170739	February 7, 1974, Emerg; January 17, 1985, Reg; June 2, 2011, Susp	......do	Do.
Hull, Village of, Pike County	170553	April 30, 1974, Emerg; June 11, 1976, Reg; June 2, 2011, Susp	......do	Do.
Hutsonville, Village of, Crawford County	170178	June 17, 1975, Emerg; March 15, 1984, Reg; June 2, 2011, Susp	......do	Do.
Kewanee, City of, Henry County	170286	April 3, 1975, Emerg; March 4, 1986, Reg; June 2, 2011, Susp	......do	Do.
Nebo, Village of, Pike County	170554	August 26, 1976, Emerg; August 1, 1984, Reg; June 2, 2011, Susp	......do	Do.
New Canton, Town of, Pike County	170555	April 24, 1997, Emerg; June 2, 2011, Reg; June 2, 2011, Susp	......do	Do.
Palestine, Village of, Crawford County	170179	November 12, 1975, Emerg; September 4, 1985, Reg; June 2, 2011, Susp	......do	Do.
Pearl, Village of, Pike County	170556	September 1, 1976, Emerg; September 16, 1981, Reg; June 2, 2011, Susp	......do	Do.
Pike County, Unincorporated Areas	170551	May 1, 1974, Emerg; January 3, 1986, Reg; June 2, 2011, Susp	......do	Do.
Pleasant Hill, Village of, Pike County	170558	October 4, 1974, Emerg; October 15, 1985, Reg; June 2, 2011, Susp	......do	Do.
Quincy, City of, Adams County	170003	March 25, 1974, Emerg; October 15, 1981, Reg; June 2, 2011, Susp	......do	Do.
Robinson, City of, Crawford County	170180	July 17, 1975, Emerg; April 6, 1984, Reg; June 2, 2011, Susp	......do	Do.
Valley City, Village of, Pike County	170559	May 14, 1979, Emerg; February 18, 1981, Reg; June 2, 2011, Susp	......do	Do.
Ohio:
Arcadia, Village of, Hancock County	390241	January 5, 1978, Emerg; March 1, 1987, Reg; June 2, 2011, Susp	......do	Do.
Arlington, Village of, Hancock County	390242	February 25, 1976, Emerg; February 2, 1984, Reg; June 2, 2011, Susp	......do	Do.
Findlay, City of, Hancock County	390244	January 15, 1975, Emerg; December 4, 1984, Reg; June 2, 2011, Susp	......do	Do.
Fostoria, City of, Hancock, Seneca, and Wood Counties	390245	April 9, 1975, Emerg; July 1, 1987, Reg; June 2, 2011, Susp	......do	Do.
Hancock County, Unincorporated Areas	390767	May 28, 1991, Emerg; August 5, 1991, Reg; June 2, 2011, Susp	......do	Do.
Jenera, Village of, Hancock County	390246	January 24, 2008, Emerg; May 1, 2008, Reg; June 2, 2011, Susp	......do	Do.
Mount Blanchard, Village of, Hancock County	390248	January 13, 1976, Emerg; February 5, 1986, Reg; June 2, 2011, Susp	......do	Do.
Region VI
Arkansas:
Booneville, City of, Logan County	050472	July 2, 1975, Emerg; June 25, 1976, Reg; June 2, 2011, Susp	......do	Do.
Caulksville, Town of, Logan County	050397	January 13, 1983, Emerg; July 3, 1985, Reg; June 2, 2011, Susp	......do	Do.
Logan County, Unincorporated Areas	050447	March 13, 1981, Emerg; October 18, 1988, Reg; June 2, 2011, Susp	......do	Do.
Magazine, City of, Logan County	050344	June 2, 1976, Emerg; July 13, 1982, Reg; June 2, 2011, Susp	......do	Do.
Paris, City of, Logan County	050132	December 18, 1974, Emerg; July 6, 1982, Reg; June 2, 2011, Susp	......do	Do.
Subiaco, Town of, Logan County	050288	March 23, 1976, Emerg; July 5, 1978, Reg; June 2, 2011, Susp	......do	Do.
Oklahoma:
Bennington, Town of, Bryan County	400260	October 23, 1980, Emerg; August 19, 1985, Reg; June 2, 2011, Susp	......do	Do.
Bokchito, Town of, Bryan County	400349	February 9, 1978, Emerg; October 19, 1982, Reg; June 2, 2011, Susp	......do	Do.
Bryan County, Unincorporated Areas	400482	July 21, 1982, Emerg; September 18, 1991, Reg; June 2, 2011, Susp	......do	Do.
Caddo, Town of, Bryan County	400353	October 26, 1976, Emerg; May 25, 1978, Reg; June 2, 2011, Susp	......do	Do.
Durant, City of, Bryan County	400460	May 20, 1975, Emerg; September 30, 1980, Reg; June 2, 2011, Susp	......do	Do.
Texas:
Hubbard, City of, Hill County	480859	April 3, 1981, Emerg; May 1, 1985, Reg; June 2, 2011, Susp	......do	Do.
Mertens, Town of, Hill County	480862	August 16, 1990, Emerg; March 1, 1991, Reg; June 2, 2011, Susp	......do	Do.
Region VII
Iowa:
Clayton, City of, Clayton County	190072	February 24, 1975, Emerg; March 16, 1989, Reg; June 2, 2011, Susp	......do	Do.
Clayton County, Unincorporated Areas	190858	May 3, 1976, Emerg; May 1, 1990, Reg; June 2, 2011, Susp	......do	Do.
Elkader, City of, Clayton County	190073	October 3, 1974, Emerg; September 29, 1978, Reg; June 2, 2011, Susp	......do	Do.
Elkport, City of, Clayton County	190074	December 24, 1974, Emerg; August 1, 1986, Reg; June 2, 2011, Susp	......do	Do.
Farmersburg, City of, Clayton County	190075	October 6, 1975, Emerg; August 19, 1986, Reg; June 2, 2011, Susp	......do	Do.
Garber, City of, Clayton County	190076	March 7, 1975, Emerg; August 1, 1986, Reg; June 2, 2011, Susp	......do	Do.
Marquette, City of, Clayton County	195182	April 16, 1971, Emerg; January 19, 1972, Reg; June 2, 2011, Susp	......do	Do.
McGregor, City of, Clayton County	195183	April 9, 1971, Emerg; January 19, 1972, Reg; June 2, 2011, Susp	......do	Do.
Millville, City of, Clayton County	190081	July 9, 1975, Emerg; July 2, 1987, Reg; June 2, 2011, Susp	......do	Do.
Saint Olaf, City of, Clayton County	190084	March 10, 1975, Emerg; August 1, 1986, Reg; June 2, 2011, Susp	......do	Do.
Strawberry Point, City of, Clayton County	190662	N/A, Emerg; October 19, 2010, Reg; June 2, 2011, Susp	......do	Do.
Volga, City of, Clayton County	190085	July 23, 1975, Emerg; August 1, 1986, Reg; June 2, 2011, Susp	......do	Do.
Region IX
California:
Fort Bragg, City of, Mendocino County	060184	May 23, 1975, Emerg; December 7, 1982, Reg; June 2, 2011, Susp	......do	Do.
Ukiah, City of, Mendocino County	060186	October 30, 1974, Emerg; July 19, 1982, Reg; June 2, 2011, Susp	......do	Do.
Willits, City of, Mendocino County	060187	July 16, 1975, Emerg; July 19, 1982, Reg; June 2, 2011, Susp	......do	Do.
Region X
Oregon:
Benton County, Unincorporated Areas	410008	April 18, 1974, Emerg; August 5, 1986, Reg; June 2, 2011, Susp	......do	Do.
Corvallis, City of, Benton County	410009	October 24, 1974, Emerg; January 3, 1985, Reg; June 2, 2011, Susp	......do	Do.
Monroe, City of, Benton County	410010	July 8, 1975, Emerg; January 3, 1986, Reg; June 2, 2011, Susp	......do	Do.
Philomath, City of, Benton County	410011	June 6, 1975, Emerg; June 15, 1982, Reg; June 2, 2011, Susp	......do	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: May 11, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation.