[Federal Register Volume 76, Number 120 (Wednesday, June 22, 2011)]
[Rules and Regulations]
[Pages 36369-36373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15520]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

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44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8185]


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 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

[[Page 36370]]

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
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            Region I
 
Massachusetts: Auburn, Town of,        250292  March 2, 1973,     July 4, 2011..........  July 4, 2011.
 Worcester County.                              Emerg; June 1,
                                                1978, Reg; July
                                                4, 2011, Susp.
Berlin, Town of, Worcester             250294  August 11, 1975,    * Do.                   Do.
 County.                                        Emerg; June 18,
                                                1980, Reg; July
                                                4, 2011, Susp.
Blackstone, Town of, Worcester         250295  November 2, 1973,   Do.                     Do.
 County.                                        Emerg; September
                                                30, 1977, Reg;
                                                July 4, 2011,
                                                Susp.
Bolton, Town of, Worcester             250296  March 10, 1975,     Do.                     Do.
 County.                                        Emerg; June 18,
                                                1980, Reg; July
                                                4, 2011, Susp.
Boylston, Town of, Worcester           250297  August 26, 1975,    Do.                     Do.
 County.                                        Emerg; July 2,
                                                1981, Reg; July
                                                4, 2011, Susp.
Charlton, Town of, Worcester           250299  June 10, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Clinton, Town of, Worcester            250300  May 26, 1977,       Do.                     Do.
 County.                                        Emerg; June 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Douglas, Town of, Worcester            250301  January 29, 1975,   Do.                     Do.
 County.                                        Emerg; June 1,
                                                1982, Reg; July
                                                4, 2011, Susp.
Dudley, Town of, Worcester             250302  June 23, 1975,      Do.                     Do.
 County.                                        Emerg; June 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Grafton, Town of, Worcester            250306  July 29, 1975,      Do.                     Do.
 County.                                        Emerg; May 2,
                                                1983, Reg; July
                                                4, 2011, Susp.
Harvard, Town of, Worcester            250308  June 25, 1975,      Do.                     Do.
 County.                                        Emerg; June 15,
                                                1983, Reg; July
                                                4, 2011, Susp.

[[Page 36371]]

 
Hopedale, Town of, Worcester           250310  June 23, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Lancaster, Town of, Worcester          250312  March 7, 1975,      Do.                     Do.
 County.                                        Emerg; July 5,
                                                1982, Reg; July
                                                4, 2011, Susp.
Leicester, Town of, Worcester          250313  July 22, 1975,      Do.                     Do.
 County.                                        Emerg; July 5,
                                                1982, Reg; July
                                                4, 2011, Susp.
Mendon, Town of, Worcester             250316  January 22, 1976,   Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Milford, Town of, Worcester            250317  August 11, 1975,    Do.                     Do.
 County.                                        Emerg; July 5,
                                                1984, Reg; July
                                                4, 2011, Susp.
Millbury, Town of, Worcester           250318  May 4, 1973,        Do.                     Do.
 County.                                        Emerg; July 2,
                                                1979, Reg; July
                                                4, 2011, Susp.
Millville, Town of, Worcester          250319  March 7, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Northborough, Town of,                 250321  June 10, 1975,      Do.                     Do.
 Worcester County.                              Emerg; November
                                                15, 1979, Reg;
                                                July 4, 2011,
                                                Susp.
Northbridge, Town of, Worcester        250322  January 24, 1975,   Do.                     Do.
 County.                                        Emerg; June 15,
                                                1983, Reg; July
                                                4, 2011, Susp.
Oxford, Town of, Worcester             250325  July 24, 1975,      Do.                     Do.
 County.                                        Emerg; January
                                                20, 1982, Reg;
                                                July 4, 2011,
                                                Susp.
Paxton, Town of, Worcester             250326  October 29, 1980,   Do.                     Do.
 County.                                        Emerg; February
                                                18, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Shrewsbury, Town of, Worcester         250332  April 11, 1975,     Do.                     Do.
 County.                                        Emerg; June 4,
                                                1980, Reg; July
                                                4, 2011, Susp.
Southborough, Town of,                 250333  August 11, 1975,    Do.                     Do.
 Worcester County.                              Emerg; October
                                                15, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Southbridge, Town of, Worcester        250334  May 14, 1974,       Do.                     Do.
 County.                                        Emerg; March 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Spencer, Town of, Worcester            250335  November 5, 1975,   Do.                     Do.
 County.                                        Emerg; July 2,
                                                1981, Reg; July
                                                4, 2011, Susp.
Sturbridge, Town of, Worcester         250337  July 22, 1975,      Do.                     Do.
 County.                                        Emerg; July 19,
                                                1982, Reg; July
                                                4, 2011, Susp.
Sutton, Town of, Worcester             250338  May 29, 1975,       Do.                     Do.
 County.                                        Emerg; June 1,
                                                1982, Reg; July
                                                4, 2011, Susp.
Upton, Town of, Worcester              250340  September 2,        Do.                     Do.
 County.                                        1975, Emerg;
                                                August 2, 1982,
                                                Reg; July 4,
                                                2011, Susp.
Uxbridge, Town of, Worcester           250341  May 5, 1975,        Do.                     Do.
 County.                                        Emerg; June 1,
                                                1983, Reg; July
                                                4, 2011, Susp.
Webster, Town of, Worcester            250343  July 28, 1975,      Do.                     Do.
 County.                                        Emerg; July 5,
                                                1982, Reg; July
                                                4, 2011, Susp.
West Boylston, Town of,                250345  November 24,        Do.                     Do.
 Worcester County.                              1975, Emerg;
                                                July 2, 1981,
                                                Reg; July 4,
                                                2011, Susp.
Westborough, Town of, Worcester        250344  July 22, 1975,      Do.                     Do.
 County.                                        Emerg; May 15,
                                                1980, Reg; July
                                                4, 2011, Susp.
Worcester, City of, Worcester          250349  January 15, 1974,   Do.                     Do.
 County.                                        Emerg; August
                                                15, 1980, Reg;
                                                July 4, 2011,
                                                Susp.
           Region III
 
Pennsylvania: Driftwood,               420245  April 15, 1974,     Do.                     Do.
 Borough of, Cameron County.                    Emerg; July 16,
                                                1979, Reg; July
                                                4, 2011, Susp.
Emporium, Borough of, Cameron          420246  May 15, 1974,       Do.                     Do.
 County.                                        Emerg; February
                                                1, 1978, Reg;
                                                July 4, 2011,
                                                Susp.
Gibson, Township of, Cameron           421130  March 8, 1974,      Do.                     Do.
 County.                                        Emerg; September
                                                1, 1977, Reg;
                                                July 4, 2011,
                                                Susp.
Grove, Township of, Cameron            421128  March 4, 1974,      Do.                     Do.
 County.                                        Emerg; July 18,
                                                1977, Reg; July
                                                4, 2011, Susp.
Lumber, Township of, Cameron           421129  March 6, 1974,      Do.                     Do.
 County.                                        Emerg; January
                                                5, 1978, Reg;
                                                July 4, 2011,
                                                Susp.
Portage, Township of, Cameron          421132  March 8, 1974,      Do.                     Do.
 County.                                        Emerg; August
                                                15, 1978, Reg;
                                                July 4, 2011,
                                                Susp.
Shippen, Township of, Cameron          421103  March 11, 1974,     Do.                     Do.
 County.                                        Emerg; April 17,
                                                1978, Reg; July
                                                4, 2011, Susp.
West Virginia: Nicholas County,        540146  June 30, 1976,      Do.                     Do.
 Unincorporated Areas.                          Emerg; April 5,
                                                1994, Reg; July
                                                4, 2011, Susp.
Richmond, City of, Nicholas            540147  November 29,        Do.                     Do.
 County.                                        1974, Emerg;
                                                September 27,
                                                1991, Reg; July
                                                4, 2011, Susp.
Summersville, City of, Nicholas        540148  February 18,        Do.                     Do.
 County.                                        1975, Emerg;
                                                August 24, 1984,
                                                Reg; July 4,
                                                2011, Susp.
           Region IV
 
Florida: Caryville, Town of,           120321  July 9, 1975,       Do.                     Do.
 Washington County.                             Emerg; February
                                                4, 1988, Reg;
                                                July 4, 2011,
                                                Susp.

[[Page 36372]]

 
Chipley, City of, Washington           120325  January 16, 1975,   Do.                     Do.
 County.                                        Emerg; January
                                                1, 1987, Reg;
                                                July 4, 2011,
                                                Susp.
Ebro, Town of, Washington              120629  N/A, Emerg; March   Do.                     Do.
 County.                                        19, 1996, Reg;
                                                July 4, 2011,
                                                Susp.
Vernon, City of, Washington            120322  September 26,       Do.                     Do.
 County.                                        1975, Emerg;
                                                January 1, 1987,
                                                Reg; July 4,
                                                2011, Susp.
Washington County,                     120407  September 29,       Do.                     Do.
 Unincorporated Areas.                          1975, Emerg;
                                                June 17, 1991,
                                                Reg; July 4,
                                                2011, Susp.
Wausau, Town of, Washington            120632  N/A, Emerg; March   Do.                     Do.
 County.                                        30, 1998, Reg;
                                                July 4, 2011,
                                                Susp.
Kentucky: Allen County,                210267  February 10,        Do.                     Do.
 Unincorporated Areas.                          1994, Emerg;
                                                March 1, 1995,
                                                Reg; July 4,
                                                2011, Susp.
Boyle County, Unincorporated           210322  July 20, 1976,      Do.                     Do.
 Areas.                                         Emerg; May 15,
                                                1986, Reg; July
                                                4, 2011, Susp.
Danville, City of, Boyle County        210019  August 8, 1975,     Do.                     Do.
                                                Emerg; September
                                                27, 1985, Reg;
                                                July 4, 2011,
                                                Susp.
Junction City, City of, Boyle          210377  October 16, 1997,   Do.                     Do.
 County.                                        Emerg; September
                                                30, 1998, Reg;
                                                July 4, 2011,
                                                Susp.
Perryville, City of, Boyle             210020  July 21, 1975,      Do.                     Do.
 County.                                        Emerg; December
                                                3, 1987, Reg;
                                                July 4, 2011,
                                                Susp.
Scottsville, City of, Allen            210001  June 11, 1975,      Do.                     Do.
 County.                                        Emerg; September
                                                27, 1985, Reg;
                                                July 4, 2011,
                                                Susp.
Mississippi: Bay Springs, Town         280087  July 3, 1980,       Do.                     Do.
 of, Jasper County.                             Emerg; June 17,
                                                1986, Reg; July
                                                4, 2011, Susp.
Byhalia, Town of, Marshall             280112  April 29, 1975,     Do.                     Do.
 County.                                        Emerg; June 18,
                                                1987, Reg; July
                                                4, 2011, Susp.
Heidelberg, Town of, Jasper            280088  January 30, 1975,   Do.                     Do.
 County.                                        Emerg; January
                                                1, 1987, Reg;
                                                July 4, 2011,
                                                Susp.
Holly Springs, City of,                280113  March 11, 1975,     Do.                     Do.
 Marshall County.                               Emerg; August 5,
                                                1985, Reg; July
                                                4, 2011, Susp.
Jasper County, Unincorporated          280302  August 12, 2003,    Do.                     Do.
 Areas.                                         Emerg; December
                                                1, 2003, Reg;
                                                July 4, 2011,
                                                Susp.
Marshall County, Unincorporated        280274  August 4, 1986,     Do.                     Do.
 Areas.                                         Emerg; January
                                                17, 1991, Reg;
                                                July 4, 2011,
                                                Susp.
Potts Camp, Town of, Marshall          280114  March 31, 1975,     Do.                     Do.
 County.                                        Emerg; August 5,
                                                1985, Reg; July
                                                4, 2011, Susp.
            Region V
 
Indiana: Albany, Town of,              180314  June 13, 1975,      Do.                     Do.
 Delaware County.                               Emerg; June 15,
                                                1979, Reg; July
                                                4, 2011, Susp.
Delaware County, Unincorporated        180051  June 13, 1975,      Do.                     Do.
 Areas.                                         Emerg; March 16,
                                                1981, Reg; July
                                                4, 2011, Susp.
Eaton, Town of, Delaware County        180052  November 11,        Do.                     Do.
                                                1975, Emerg;
                                                June 15, 1979,
                                                Reg; July 4,
                                                2011, Susp.
Muncie, City of, Delaware              180053  April 4, 1975,      Do.                     Do.
 County.                                        Emerg; January
                                                16, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Yorktown, Town of, Delaware            180361  March 18, 1976,     Do.                     Do.
 County.                                        Emerg; March 16,
                                                1981, Reg; July
                                                4, 2011, Susp.
           Region VI
 
Arkansas: Conway County,               050426  January 7, 1983,    Do.                     Do.
 Unincorporated Areas.                          Emerg; June 3,
                                                1986, Reg; July
                                                4, 2011, Susp.
Morrilton, City of, Conway             050044  June 6, 1975,       Do.                     Do.
 County.                                        Emerg; March 15,
                                                1982, Reg; July
                                                4, 2011, Susp.
Plumerville, City of, Conway           050364  September 15,       Do.                     Do.
 County.                                        1983, Emerg;
                                                January 17,
                                                1986, Reg; July
                                                4, 2011, Susp.
Louisiana: Union Parish,               220359  May 1, 1979,        Do.                     Do.
 Unincorporated Areas.                          Emerg; March 1,
                                                1987, Reg; July
                                                4, 2011, Susp.
Oklahoma: Goodwell, Town of,           400383  June 6, 1980,       Do.                     Do.
 Texas County.                                  Emerg; January
                                                18, 1988, Reg;
                                                July 4, 2011,
                                                Susp.
Guymon, City of, Texas County..        400243  February 5, 1981,   Do.                     Do.
                                                Emerg; June 19,
                                                1985, Reg; July
                                                4, 2011, Susp.
           Region VII
 
Missouri: Holden, City of,             290714  October 14, 1996,   Do.                     Do.
 Johnson County.                                Emerg; March 1,
                                                2001, Reg; July
                                                4, 2011, Susp.
Knob Noster, City of, Johnson          290724  August 7, 1995,     Do.                     Do.
 County.                                        Emerg; November
                                                7, 2001, Reg;
                                                July 4, 2011,
                                                Susp.
Saint Mary, City of, Sainte            290326  November 9, 1973,   Do.                     Do.
 Genevieve County.                              Emerg; September
                                                15, 1977, Reg;
                                                July 4, 2011,
                                                Susp.
Sainte Genevieve, City of,             290325  December 19,        Do.                     Do.
 Sainte Genevieve County.                       1973, Emerg;
                                                September 30,
                                                1977, Reg; July
                                                4, 2011, Susp.

[[Page 36373]]

 
West Plains, City of, Howell           290166  December 19,        Do.                     Do.
 County.                                        1973, Emerg; May
                                                19, 1981, Reg;
                                                July 4, 2011,
                                                Susp.
Willow Springs, City of, Howell        290167  July 2, 1974,       Do.                     Do.
 County.                                        Emerg; August
                                                15, 1979, Reg;
                                                July 4, 2011,
                                                Susp.
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* Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: June 7, 2011.
Sandra K. Knight,
Deputy Federal Insurance and Mitigation Administrator, Mitigation.
[FR Doc. 2011-15520 Filed 6-21-11; 8:45 am]
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