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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8177]

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 theFederal Registeron 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, FederalEmergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2953.
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. 4001et 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 theFederal 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. 3501et 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. 4001et 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 West Virginia: Barbour County, Unincorporated Areas 540001 November 21, 1975, Emerg; July 1, 1987, Reg; May 3, 2011, Susp May 3, 2011 May 3, 2011. Belington, Town of, Barbour County 540002 November 11, 1974, Emerg; August 1, 1979, Reg; May 3, 2011, Susp *......do Do. Junior, Town of, Barbour County 540003 April 3, 1975, Emerg; April 17, 1987, Reg; May 3, 2011, Susp ......do Do. Philippi, City of, Barbour County 540004 June 26, 1974, Emerg; September 4, 1986, Reg; May 3, 2011, Susp ......do Do. Region IV Kentucky: Glasgow, City of, Barren County 210007 November 29, 1974, Emerg; May 1, 1987, Reg; May 3, 2011, Susp ......do Do. Mississippi: Clay County, Unincorporated Areas 280036 January 19, 1978, Emerg; July 16, 1990, Reg; May 3, 2011, Susp ......do Do. West Point, City of, Clay County 280037 February 1, 1974, Emerg; January 5, 1978, Reg; May 3, 2011, Susp ......do Do. South Carolina: Fairfield County, Unincorporated Areas 450075 December 21, 1978, Emerg; July 19, 1982, Reg; May 3, 2011, Susp ......do Do. Greenwood, City of, Greenwood County 450093 July 22, 1975, Emerg; February 4, 1987, Reg; May 3, 2011, Susp ......do Do. Greenwood County, Unincorporated Areas 450094 April 21, 1978, Emerg; March 18, 1987, Reg; May 3, 2011, Susp ......do Do. Ninety Six, Town of, Greenwood County 450244 September 17, 1986, Emerg; September 17, 1986, Reg; May 3, 2011, Susp ......do Do. Region V Indiana: Alexandria, City of, Madison County 180149 December 13, 1974, Emerg; July 2, 1981, Reg; May 3, 2011, Susp ......do Do. Anderson, City of, Madison County 180150 November 7, 1974, Emerg; December 4, 1979, Reg; May 3, 2011, Susp ......do Do. Chesterfield, Town of, Madison County 180151 February 14, 1975, Emerg; May 1, 1980, Reg; May 3, 2011, Susp ......do Do. Elwood, City of, Madison and Tipton Counties 180152 March 19, 1975, Emerg; May 19, 1981, Reg; May 3, 2011, Susp ......do Do. Frankton, Town of, Madison County 180154 June 5, 1975, Emerg; May 5, 1981, Reg; May 3, 2011, Susp ......d Do. Ingalls, Town of, Madison County 180155 March 24, 1975, Emerg; July 15, 1988, Reg; May 3, 2011, Susp ......do Do. Madison County, Unincorporated Areas 180442 October 23, 1990, Emerg; February 1, 1994, Reg; May 3, 2011, Susp ......do Do. Pendleton, Town of, Madison County 180156 December 26, 1974, Emerg; May 3, 1982, Reg; May 3, 2011, Susp ......do Do. Summitville, Town of, Madison County 180157 May 5, 1975, Emerg; July 21, 1978, Reg; May 3, 2011, Susp ......do Do. Michigan: DeWitt, Charter Township of, Clinton County 260631 August 25, 1975, Emerg; June 18, 1980, Reg; May 3, 2011, Susp ......do Do. DeWitt, City of, Clinton County 260060 July 11, 1975, Emerg; December 18, 1979, Reg; May 3, 2011, Susp ......do Do. East Lansing, City of, Clinton and Ingham Counties 260089 March 24, 1975, Emerg; August 1, 1980, Reg; May 3, 2011, Susp ......do Do. Elsie, Village of, Clinton County 260725 May 28, 1982, Emerg; July 16, 1987, Reg; May 3, 2011, Susp ......do Do. Hubbardston, Village of, Clinton and Ionia Counties 260418 February 7, 1990, Emerg; June 1, 1995, Reg; May 3, 2011, Susp ......do Do. Maple Rapids, Village of, Clinton County 260384 November 8, 1976, Emerg; September 1, 1986, Reg; May 3, 2011, Susp ......do Do. Ovid, Village of, Clinton County 260318 May 1, 1975, Emerg; August 2, 1982, Reg; May 3, 2011, Susp ......do Do. St. Johns, City of, Clinton County 260726 May 28, 1982, Emerg; March 16, 1988, Reg; May 3, 2011, Susp ......do Do. Victor, Township of, Clinton County 260720 May 11, 1981, Emerg; February 2, 1989, Reg; May 3, 2011, Susp ......do Do. Watertown, Charter Township of, Clinton County 260291 April 16, 1974, Emerg; May 17, 1982, Reg; May 3, 2011, Susp ......do Do. Ohio: Bettsville, Village of, Seneca County 390500 December 21, 1978, Emerg; September 30, 1988, Reg; May 3, 2011, Susp ......do Do. Seneca County, Unincorporated Areas 390779 April 3, 1979, Emerg; May 17, 1990, Reg; May 3, 2011, Susp ......do Do. Tiffin, City of, Seneca County 390502 May 12, 1975, Emerg; July 3, 1986, Reg; May 3, 2011, Susp ......do Do. Region VI Arkansas: Crittenden County, Unincorporated Areas 050429 May 18, 1983, Emerg; November 1, 1985, Reg; May 3, 2011, Susp ......do Do. Earle, City of, Crittenden County 050054 June 20, 1974, Emerg; January 3, 1986, Reg; May 3, 2011, Susp ......do Do. Edmondson, Town of, Crittenden County 050409 November 8, 1976, Emerg; March 18, 1986, Reg; May 3, 2011, Susp ......do Do. Horseshoe Lake, Town of, Crittenden County 055057 N/A, Emerg; January 18, 2006, Reg; May 3, 2011, Susp ......do Do.
    Marion, City of, Crittenden County 050345 July 9, 1975, Emerg; September 1, 1987, Reg; May 3, 2011, Susp ......do Do. Turrell, City of, Crittenden County 050370 July 9, 1976, Emerg; February 1, 1988, Reg; May 3, 2011, Susp ......do Do. West Memphis, City of, Crittenden County 050055 June 6, 1974, Emerg; July 16, 1980, Reg; May 3, 2011, Susp ......do Do. Region VII Iowa: Beaver, City of, Boone County 190322 January 3, 2008, Emerg; May 3, 2011, Reg; May 3, 2011, Susp ......do Do. Boone, City of, Boone County 190555 N/A, Emerg; October 7, 1993, Reg; May 3, 2011, Susp. ......do Do. Boone County, Unincorporated Areas 190846 November 9, 1993, Emerg; September 1, 1996, Reg; May 3, 2011, Susp ......do Do. Fort Madison, City of, Lee County 190184 April 11, 1974, Emerg; May 3, 1982, Reg; May 3, 2011, Susp ......do Do. Keokuk, City of, Lee County 190185 March 27, 1974, Emerg; March 1, 1978, Reg; May 3, 2011, Susp ......do Do. Lee County, Unincorporated Areas 190182 September 11, 1978, Emerg; June 15, 1981, Reg; May 3, 2011, Susp ......do Do. Madrid, City of, Boone County 190325 October 21, 1976, Emerg; June 10, 1980, Reg; May 3, 2011, Susp ......do Do. Montrose, City of, Lee County 190186 August 8, 1975, Emerg; February 18, 1981, Reg; May 3, 2011, Susp ......do Do. Pilot Mound, City of, Boone County 190326 August 28, 1990, Emerg; July 1, 1991, Reg; May 3, 2011, Susp ......do Do. Kansas: Lane, City of, Franklin County 200103 December 20, 2007, Emerg; September 1, 2008, Reg; May 3, 2011, Susp ......do Do. Rantoul, City of, Franklin County 200107 August 7, 1975, Emerg; September 1, 1990, Reg; May 3, 2011, Susp ......do Do. Missouri: Blackwater, City of, Cooper County 290109 March 22, 1976, Emerg; December 7, 1984, Reg; May 3, 2011, Susp ......do Do. Boonville, City of, Cooper County 290110 October 9, 1974, Emerg; October 16, 1984, Reg; May 3, 2011, Susp ......do Do. Cooper County, Unincorporated Areas 290794 April 26, 1984, Emerg; September 1, 1989, Reg; May 3, 2011, Susp ......do Do. Pilot Grove, City of, Cooper County 290678 N/A, Emerg; November 24, 2008, Reg; May 3, 2011, Susp ......do Do. Nebraska: Cozad, City of, Dawson County 310059 March 7, 1975, Emerg; June 30, 1976, Reg; May 3, 2011, Susp ......do Do. Dawson County, Unincorporated Areas 310058 March 8, 1984, Emerg; July 1, 1988, Reg; May 3, 2011, Susp ......do Do. Lexington, City of, Dawson County 310063 March 23, 1977, Emerg; May 15, 1984, Reg; May 3, 2011, Susp ......do Do. Overton, Village of, Dawson County 310064 July 1, 1975, Emerg; September 27, 1985, Reg; May 3, 2011, Susp ......do Do. Sumner, Village of, Dawson County 310065 June 27, 1975, Emerg; September 27, 1985, Reg; May 3, 2011, Susp ......do Do. Region VIII North Dakota: Cavalier, Township of, Pembina County 380274 July 20, 1981, Emerg; July 20, 1981, Reg; May 3, 2011, Susp ......do Do. Crystal, City of, Pembina County 380082 July 15, 1975, Emerg; January 16, 1981, Reg; May 3, 2011, Susp ......do Do. Drayton, City of, Pembina County 380150 April 23, 1974, Emerg; August 1, 1980, Reg; May 3, 2011, Susp ......do Do. Drayton, Township of, Pembina County 380276 October 6, 1982, Emerg; May 1, 1986, Reg; May 3, 2011, Susp ......do Do. Hamilton, City of, Pembina County 380084 January 21, 1976, Emerg; February 17, 1988, Reg; May 3, 2011, Susp ......do Do. Neche, City of, Pembina County 380085 October 18, 1974, Emerg; July 16, 1980, Reg; May 3, 2011, Susp ......do Do. Pembina County, Unincorporated Areas 380079 May 1, 1974, Emerg; November 19, 1987, Reg; May 3, 2011, Susp ......do Do. Walhalla, City of, Pembina County 380254 May 3, 1976, Emerg; April 15, 1980, Reg; May 3, 2011, Susp ......do Do. Region X Oregon: Ashland, City of, Jackson County 410090 August 9, 1974, Emerg; June 1, 1981, Reg; May 3, 2011, Susp ......do Do. Central Point, City of, Jackson County 410092 September 18, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp ......do Do. Eagle Point, City of, Jackson County 410093 June 5, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp ......do Do. Gold Hill, City of, Jackson County 410094 August 5, 1974, Emerg; September 17, 1980, Reg; May 3, 2011, Susp ......do Do. Jackson County, Unincorporated Areas 415589 December 31, 1970, Emerg; April 1, 1982, Reg; May 3, 2011, Susp ......do Do. Jacksonville, City of, Jackson County 410095 April 4, 1975, Emerg; December 4, 1979, Reg; May 3, 2011, Susp ......do Do. Medford, City of, Jackson County 410096 June 7, 1974, Emerg; April 15, 1981, Reg; May 3, 2011, Susp ......do Do. Phoenix, City of, Jackson County 410097 June 11, 1975, Emerg; May 3, 1982, Reg; May 3, 2011, Susp ......do Do. Rogue River, City of, Jackson County 410098 May 17, 1974, Emerg; January 2, 1981, Reg; May 3, 2011, Susp ......do Do. Shady Cove, City of, Jackson County 410099 August 23, 1974, Emerg; September 30, 1980, Reg; May 3, 2011, Susp ......do Do. Talent, City of, Jackson County 410100 April 7, 1975, Emerg; February 1, 1980, Reg; May 3, 2011, Susp ......do Do. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp. —Suspension. Dated: April 15, 2011. Sandra K. Knight, Deputy Federal Insurance and

    Mitigation Administrator, Mitigation.