[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14293-14297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6058]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8173]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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

[[Page 14294]]

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, (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. 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]

0
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                  Effective date
                                                  authorization/
                                   Community     cancellation of    Current effective map   Date certain Federal
       State and Location             No.         sale of flood              date           assistance no longer
                                                   insurance in                              available in SFHAs
                                                    community
----------------------------------------------------------------------------------------------------------------
            Region IV
 
South Carolina:
    McCormick, Town of,                450152  July 15, 1975,       April 4, 2011........  April 4, 2011
     McCormick County.                          Emerg; June 25,
                                                1976, Reg; April
                                                4, 2011, Susp.
    McCormick County,                  450226  December 29, 1975,   *......do............   do.
     Unincorporated Areas.                      Emerg; October 1,
                                                1989, Reg; April
                                                4, 2011, Susp.
 
            Region V
 
Michigan:
    Albion, City of, Calhoun           260050  July 1, 1975,        ......do.............   do.
     County.                                    Emerg; June 15,
                                                1982, Reg; April
                                                4, 2011, Susp.

[[Page 14295]]

 
    Albion, Township of, Calhoun       260639  September 12, 1975,  ......do.............   do.
     County.                                    Emerg; October 15,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Athens, Village of, Calhoun        260558  March 24, 1977,      ......do.............   do.
     County.                                    Emerg; November
                                                15, 1985, Reg;
                                                April 4, 2011,
                                                Susp.
    Battle Creek, City of,             260051  July 2, 1975,        ......do.............   do.
     Calhoun County.                            Emerg; April 4,
                                                1983, Reg; April
                                                4, 2011, Susp.
    Bedford, Township of,              260052  May 30, 1975,        ......do.............   do.
     Calhoun County..                           Emerg; February 2,
                                                1983, Reg; April
                                                4, 2011, Susp.
    Burlington, Township of,           260651  December 2, 1975,    ......do.............   do.
     Calhoun County.                            Emerg; July 2,
                                                1987, Reg; April
                                                4, 2011, Susp.
    Burlington, Village of,            260559  November 21, 1975,   ......do.............   do.
     Calhoun County.                            Emerg; July 2,
                                                1987, Reg; April
                                                4, 2011, Susp.
    Clarence, Township of,             260560  May 12, 1977,        ......do.............   do.
     Calhoun County.                            Emerg; February
                                                18, 1983, Reg;
                                                April 4, 2011,
                                                Susp.
    Convis, Township of, Calhoun       260652  December 5, 1975,    ......do.............   do.
     County.                                    Emerg; February
                                                11, 1983, Reg;
                                                April 4, 2011,
                                                Susp.
    Eckford, Township of,              260653  December 16, 1975,   ......do.............   do.
     Calhoun County.                            Emerg; August 19,
                                                1986, Reg; April
                                                4, 2011, Susp.
    Emmett, Township of, Calhoun       260561  December 5, 1975,    ......do.............   do.
     County.                                    Emerg; June 1,
                                                1983, Reg; April
                                                4, 2011, Susp.
    Fredonia, Township of,             260562  December 22, 1975,   ......do.............   do.
     Calhoun County.                            Emerg; August 19,
                                                1987, Reg; April
                                                4, 2011, Susp.
    Homer, Village of, Calhoun         260331  December 5, 1975,    ......do.............   do.
     County.                                    Emerg; May 3,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Lee, Township of, Calhoun          260668  March 26, 1976,      ......do.............   do.
     County.                                    Emerg; May 15,
                                                1985, Reg; April
                                                4, 2011, Susp.
    Leroy, Township of, Calhoun        260655  February 19, 1976,   ......do.............   do.
     County.                                    Emerg; March 1,
                                                1987, Reg; April
                                                4, 2011, Susp.
    Marengo, Township of,              260563  May 30, 1979,        ......do.............   do.
     Calhoun County.                            Emerg; May 17,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Marshall, City of, Calhoun         260053  May 13, 1975,        ......do.............   do.
     County.                                    Emerg; April 1,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Marshall, Township of,             260642  October 9, 1975,     ......do.............   do.
     Calhoun County.                            Emerg; February
                                                11, 1983, Reg;
                                                April 4, 2011,
                                                Susp.
    Newton, Township of, Calhoun       260647  November 18, 1975,   ......do.............   do.
     County.                                    Emerg; September
                                                1, 1986, Reg;
                                                April 4, 2011,
                                                Susp.
    Pennfield, Charter Township,       260564  August 25, 1975,     ......do.............   do.
     Calhoun County.                            Emerg; October 15,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Sheridan, Township of,             260649  November 20, 1975,   ......do.............   do.
     Calhoun County.                            Emerg; March 11,
                                                1983, Reg; April
                                                4, 2011, Susp.
    Springfield, City of,              260054  August 11, 1975,     ......do.............   do.
     Calhoun County.                            Emerg; September
                                                28, 1979, Reg;
                                                April 4, 2011,
                                                Susp.
    Tekonsha, Township of,             260709  July 20, 1977,       ......do.............   do.
     Calhoun County.                            Emerg; June 4,
                                                1987, Reg; April
                                                4, 2011, Susp.
    Tekonsha, Village of,              260565  December 19, 1975,   ......do.............   do.
     Calhoun County.                            Emerg; May 1,
                                                1987, Reg; April
                                                4, 2011, Susp.
Ohio:
    Archbold, Village of, Fulton       390603  April 30, 1976,      ......do.............   do.
     County.                                    Emerg; January 4,
                                                1985, Reg; April
                                                4, 2011, Susp.
    Bellville, Village of,             390604  June 30, 1976,       ......do.............   do.
     Richland County.                           Emerg; March 16,
                                                1989, Reg; April
                                                4, 2011, Susp.
    Butler, Village of, Richland       390605  June 24, 1976,       ......do.............   do.
     County.                                    Emerg; November
                                                15, 1989, Reg;
                                                April 4, 2011,
                                                Susp.
    Delta, Village of, Fulton          390183  April 28, 1975,      ......do.............   do.
     County.                                    Emerg; May 15,
                                                1984, Reg; April
                                                4, 2011, Susp.
    Fayette, Village of, Fulton        390829  February 8, 1999,    ......do.............   do.
     County.                                    Emerg; April 4,
                                                2011, Reg; April
                                                4, 2011, Susp.
    Lucas, Village of, Richland        390661  September 24, 1987,  ......do.............   do.
     County.                                    Emerg; September
                                                1, 1993, Reg;
                                                April 4, 2011,
                                                Susp.
    Mansfield, City of, Richland       390477  April 2, 1975,       ......do.............   do.
     County.                                    Emerg; January 3,
                                                1986, Reg; April
                                                4, 2011, Susp.
    Metamora, Village of, Fulton       390840  July 21, 1982,       ......do.............   do.
     County.                                    Emerg; May 16,
                                                1995, Reg; April
                                                4, 2011, Susp.
    Ontario, Village of,               390478  July 11, 1975,       ......do.............   do.
     Richland County.                           Emerg; January 30,
                                                1984, Reg; April
                                                4, 2011, Susp.
    Plymouth, Village of, Huron        390287  July 30, 1999,       ......do.............   do.
     and Richland Counties.                     Emerg; April 4,
                                                2011, Reg; April
                                                4, 2011, Susp.
    Richland County,                   390476  December 11, 1984,   ......do.............   do.
     Unincorporated Areas.                      Emerg; April 2,
                                                1991, Reg; April
                                                4, 2011, Susp.

[[Page 14296]]

 
    Shelby, City of, Richland          390479  July 30, 1975,       ......do.............   do.
     County.                                    Emerg; March 2,
                                                1989, Reg; April
                                                4, 2011, Susp.
    Wauseon, City of, Fulton           390184  July 22, 1975,       ......do.............   do.
     County.                                    Emerg; July 6,
                                                1984, Reg; April
                                                4, 2011, Susp.
Wisconsin:
    Arcadia, City of,                  550439  September 30, 1975,  ......do.............   do.
     Trempealeau County.                        Emerg; August 19,
                                                1991, Reg; April
                                                4, 2011, Susp.
    Blair, City of, Trempealeau        550440  February 27, 1975,   ......do.............   do.
     County.                                    Emerg; November
                                                16, 1990, Reg;
                                                April 4, 2011,
                                                Susp.
    Eleva, Village of,                 550441  May 23, 1975,        ......do.............   do.
     Trempealeau County.                        Emerg; December 5,
                                                1989, Reg; April
                                                4, 2011, Susp.
    Ettrick, Village of,               550442  July 15, 1975,       ......do.............   do.
     Trempealeau County.                        Emerg; June 15,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Galesville, City of,               550443  February 23, 1976,   ......do.............   do.
     Trempealeau County.                        Emerg; March 16,
                                                1981, Reg; April
                                                4, 2011, Susp.
    Independence, City of,             550444  July 5, 1974,        ......do.............   do.
     Trempealeau County.                        Emerg; September
                                                27, 1991, Reg;
                                                April 4, 2011,
                                                Susp.
    Osseo, City of, Trempealeau        550445  August 19, 1975,     ......do.............   do.
     County.                                    Emerg; September
                                                5, 1990, Reg;
                                                April 4, 2011,
                                                Susp.
    Pigeon Falls, Village of,          550446  March 26, 1976,      ......do.............   do.
     Trempealeau County.                        Emerg; September
                                                16, 1988, Reg;
                                                April 4, 2011,
                                                Susp.
    Strum, Village of,                 555583  April 9, 1971,       ......do.............   do.
     Trempealeau County.                        Emerg; May 13,
                                                1972, Reg; April
                                                4, 2011, Susp.
    Trempealeau, Village of,           555584  May 28, 1971,        ......do.............   do.
     Trempealeau County.                        Emerg; December
                                                12, 1972, Reg;
                                                April 4, 2011,
                                                Susp.
    Trempealeau County,                555585  May 14, 1971,        ......do.............   do.
     Unincorporated Areas.                      Emerg; December
                                                22, 1972, Reg;
                                                April 4, 2011,
                                                Susp.
    Whitehall, City of,                550449  February 7, 1975,    ......do.............   do.
     Trempealeau County.                        Emerg; November
                                                16, 1990, Reg;
                                                April 4, 2011,
                                                Susp.
 
            Region VI
 
Arkansas:
    Fulton, Town of, Hempstead         050086  April 22, 1975,      ......do.............   do.
     County.                                    Emerg; August 3,
                                                1982, Reg; April
                                                4, 2011, Susp.
    Hempstead County,                  050436  March 28, 1995,      ......do.............   do.
     Unincorporated Areas.                      Emerg; October 1,
                                                2007, Reg; April
                                                4, 2011, Susp.
Texas:
    Crockett, City of, Houston         480359  June 24, 1975,       ......do.............   do.
     County.                                    Emerg; September
                                                30, 1980, Reg;
                                                April 4, 2011,
                                                Susp.
    Grapeland, Town of, Houston        480873  March 15, 2001,      ......do.............   do.
     County.                                    Emerg; August 1,
                                                2008, Reg; April
                                                4, 2011, Susp.
    Houston County,                    480872  July 2, 1993,        ......do.............   do.
     Unincorporated Areas.                      Emerg; August 1,
                                                2008, Reg; April
                                                4, 2011, Susp.
    Lovelady, City of, Houston         480874  June 22, 1990,       ......do.............   do.
     County.                                    Emerg; March 1,
                                                1991, Reg; April
                                                4, 2011, Susp.
    Maverick County,                   480470  N/A, Emerg;          ......do.............   do.
     Unincorporated Areas.                      September 23,
                                                1996, Reg; April
                                                4, 2011, Susp.
    Woodville, City of, Tyler          481035  August 1, 1979,      ......do.............   do.
     County.                                    Emerg; October 26,
                                                1982, Reg; April
                                                4, 2011, Susp.
 
           Region VII
 
Iowa:
    Anamosa, City of, Jones            190174  July 25, 1975,       ......do.............   do.
     County.                                    Emerg; August 19,
                                                1987, Reg; April
                                                4, 2011, Susp.
    Jones County, Unincorporated       190919  March 21, 1979,      ......do.............   do.
     Areas.                                     Emerg; September
                                                30, 1988, Reg;
                                                April 4, 2011,
                                                Susp.
    Monticello, City of, Jones         190175  November 27, 1974,   ......do.............   do.
     County.                                    Emerg; April 2,
                                                1979, Reg; April
                                                4, 2011, Susp.
    Olin, City of, Jones County.       190176  July 12, 1976,       ......do.............   do.
                                                Emerg; February 1,
                                                1987, Reg; April
                                                4, 2011, Susp.
Missouri:
    Cameron, City of, Clinton          290104  August 25, 1975,     ......do.............   do.
     County.                                    Emerg; August 24,
                                                1984, Reg; April
                                                4, 2011, Susp.
    Gower, City of, Buchanan and       290105  June 23, 1975,       ......do.............   do.
     Clinton Counties..                         Emerg; July 18,
                                                1985, Reg; April
                                                4, 2011, Susp.
    Lathrop, City of, Clinton          290704  June 22, 1976,       ......do.............   do.
     County.                                    Emerg; July 18,
                                                1985, Reg; April
                                                4, 2011, Susp.
    Plattsburg, City of, Clinton       290106  March 31, 1975,      ......do.............   do.
     County.                                    Emerg; February 2,
                                                1983, Reg; April
                                                4, 2011, Susp.
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*do = Ditto.

[[Page 14297]]

 
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.


    Dated: March 8, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-6058 Filed 3-15-11; 8:45 am]
BILLING CODE 9110-12-P