2011-22466. 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 assist- ance no longer available in SFHAs
Region IV
Alabama: Marion, City of, Perry County	010313	December 12, 1974, Emerg; June 17, 1986, Reg; September 2, 2011, Susp.	Sept. 2, 2011	Sept. 2, 2011
Mississippi:
Braxton, Village of, Simpson County	280156	September 19, 2007, Emerg; N/A, Reg; September 2, 2011, Susp.	......do*	Do.
Clarke County, Unincorporated Areas	280220	April 26, 1979, Emerg; August 16, 1988, Reg; September 2, 2011, Susp.	......do	Do.
D'Lo, Town of, Simpson County	280157	June 2, 1975, Emerg; December 16, 1980, Reg; September 2, 2011, Susp.	......do	Do.
Enterprise, Town of, Clarke County	280314	April 26, 1979, Emerg; January 1, 1987, Reg; September 2, 2011, Susp.	......do	Do.
Magee, City of, Simpson County	280158	December 20, 1974, Emerg; August 15, 1980, Reg; September 2, 2011, Susp.	......do	Do.
Mendenhall, City of, Simpson County	280159	October 19, 1973, Emerg; September 30, 1980, Reg; September 2, 2011, Susp.	......do	Do.
Pachuta, Town of, Clarke County	280219	March 6, 1979, Emerg; November 18, 2010, Reg; September 2, 2011, Susp.	......do	Do.
Quitman, City of, Clarke County	280319	April 26, 1979, Emerg; January 1, 1986, Reg; September 2, 2011, Susp.	......do	Do.
Shubuta, Town of, Clarke County	280034	January 17, 1979, Emerg; September 1, 1991, Reg; September 2, 2011, Susp.	......do	Do.
Simpson County, Unincorporated Areas	280281	June 15, 1979, Emerg; September 30, 1980, Reg; September 2, 2011, Susp.	......do	Do.
Stonewall, Town of, Clarke County	280035	March 31, 1975, Emerg; August 16, 1988, Reg; September 2, 2011, Susp.	......do	Do.
Region V
Indiana:
Brazil, City of, Clay County	180511	September 30, 1993, Emerg; May 12, 1995, Reg; September 2, 2011, Susp.	......do	Do.
Clay County, Unincorporated Areas	180408	June 6, 2003, Emerg; May 1, 2010, Reg; September 2, 2011, Susp.	......do	Do.
Ohio:
North Baltimore, Village of, Wood County	390587	July 3, 1975, Emerg; September 2, 1982, Reg; September 2, 2011, Susp.	......do	Do.
Pemberville, Village of, Wood County	390624	August 5, 1975, Emerg; August 2, 1982, Reg; September 2, 2011, Susp.	......do	Do.
Portage, Village of, Wood County	390754	May 6, 1976, Emerg; April 15, 1982, Reg; September 2, 2011, Susp.	......do	Do.
Rossford, City of, Wood County	390589	August 27, 1975, Emerg; May 2, 1983, Reg; September 2, 2011, Susp.	......do	Do.
Wisconsin: Bagley, Village of, Grant County	550145	July 25, 1975, Emerg; June 17, 1986, Reg; September 2, 2011, Susp.	......do	Do.
Bloomington, Village of, Grant County	550146	August 1, 1975, Emerg; August 19, 1986, Reg; September 2, 2011, Susp.	......do	Do.
Blue River, Village of, Grant County	550147	N/A, Emerg; July 2, 2009, Reg; September 2, 2011, Susp.	......do	Do.
Boscobel, City of, Grant County	550148	November 27, 1981, Emerg; November 27, 1981, Reg; September 2, 2011, Susp.	......do	Do.
Cassville, Village of, Grant County	555548	April 23, 1971, Emerg; February 19, 1972, Reg; September 2, 2011, Susp.	......do	Do.
Grant County, Unincorporated Areas	555557	March 26, 1971, Emerg; May 25, 1973, Reg; September 2, 2011, Susp.	......do	Do.
Lancaster, City of, Grant County	550150	March 24, 1975, Emerg; August 5, 1986, Reg; September 2, 2011, Susp.	......do	Do.
Muscoda, Village of, Grant County	550153	October 25, 1974, Emerg; September 8, 1999, Reg; September 2, 2011, Susp.	......do	Do.
Platteville, City of, Grant County	550154	June 24, 1975, Emerg; September 29, 1996, Reg; September 2, 2011, Susp.	......do	Do.
Potosi, Village of, Grant County	550155	August 23, 2001, Emerg; N/A, Reg; September 2, 2011, Susp.	......do	Do.
Region VI
Louisiana: Winnsboro, Town of, Franklin Parish	220074	May 2, 1973, Emerg; September 1, 1978, Reg; September 2, 2011, Susp.	......do	Do.
Region VII
Kansas:
Edwardsville, City of, Wyandotte County	200362	May 13, 1975, Emerg; September 29, 1978, Reg; September 2, 2011, Susp.	......do	Do.
Kansas City, City of, Wyandotte County	200363	December 10, 1974, Emerg; August 3, 1981, Reg; September 2, 2011, Susp.	......do	Do.
Region VIII
Colorado:
Del Norte, Town of, Rio Grande County	080154	August 9, 1974, Emerg; September 30, 1982, Reg; September 2, 2011, Susp.	......do	Do.
Monte Vista, City of, Rio Grande County	080155	May 27, 1975, Emerg; September 30, 1982, Reg; September 2, 2011, Susp.	......do	Do.
Rio Grande County, Unincorporated Areas	080153	June 25, 1975, Emerg; May 19, 1987, Reg; September 2, 2011, Susp.	......do	Do.
South Fork, Town of, Rio Grande County	080318	N/A, Emerg; June 5, 1995, Reg; September 2, 2011, Susp.	......do	Do.
Montana:
Belgrade, City of, Gallatin County	300105	July 9, 1997, Emerg; N/A, Reg; September 2, 2011, Susp.	......do	Do.
Bozeman, City of, Gallatin County	300028	May 12, 1975, Emerg; March 15, 1982, Reg; September 2, 2011, Susp.	......do	Do.
Gallatin County, Unincorporated Areas	300027	November 20, 1975, Emerg; August 1, 1984, Reg; September 2, 2011, Susp.	......do	Do.
Three Forks, City of, Gallatin County	300029	August 1, 1975, Emerg; November 19, 1980, Reg; September 2, 2011, Susp.	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: August 15, 2011.

Edward L. Connor,

Deputy Administrator, Insurance, Federal Insurance and Mitigation Administration.