[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54708-54711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22466]


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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-8193]


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 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

[[Page 54709]]

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     Date certain  Federal
      State and location             No.         sale of flood           map date         assist- ance no longer
                                                 insurance in                               available in SFHAs
                                                   community
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           Region IV
 
Alabama: Marion, City of,             010313  December 12, 1974,  Sept. 2, 2011.........  Sept. 2, 2011
 Perry County.                                 Emerg; June 17,
                                               1986, Reg;
                                               September 2,
                                               2011, Susp.
Mississippi:
    Braxton, Village of,              280156  September 19,       ......do*.............   Do.
     Simpson County.                           2007, Emerg; N/A,
                                               Reg; September 2,
                                               2011, Susp.
    Clarke County,                    280220  April 26, 1979,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 16,
                                               1988, Reg;
                                               September 2,
                                               2011, Susp.
    D'Lo, Town of, Simpson            280157  June 2, 1975,       ......do..............   Do.
     County.                                   Emerg; December
                                               16, 1980, Reg;
                                               September 2,
                                               2011, Susp.
    Enterprise, Town of,              280314  April 26, 1979,     ......do..............   Do.
     Clarke County.                            Emerg; January 1,
                                               1987, Reg;
                                               September 2,
                                               2011, Susp.
    Magee, City of, Simpson           280158  December 20, 1974,  ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1980, Reg;
                                               September 2,
                                               2011, Susp.
    Mendenhall, City of,              280159  October 19, 1973,   ......do..............   Do.
     Simpson County.                           Emerg; September
                                               30, 1980, Reg;
                                               September 2,
                                               2011, Susp.
    Pachuta, Town of, Clarke          280219  March 6, 1979,      ......do..............   Do.
     County.                                   Emerg; November
                                               18, 2010, Reg;
                                               September 2,
                                               2011, Susp.
    Quitman, City of, Clarke          280319  April 26, 1979,     ......do..............   Do.
     County.                                   Emerg; January 1,
                                               1986, Reg;
                                               September 2,
                                               2011, Susp.
    Shubuta, Town of, Clarke          280034  January 17, 1979,   ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1991, Reg;
                                               September 2,
                                               2011, Susp.
    Simpson County,                   280281  June 15, 1979,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               30, 1980, Reg;
                                               September 2,
                                               2011, Susp.
    Stonewall, Town of, Clarke        280035  March 31, 1975,     ......do..............   Do.
     County.                                   Emerg; August 16,
                                               1988, Reg;
                                               September 2,
                                               2011, Susp.
 
           Region V
 
Indiana:
    Brazil, City of, Clay             180511  September 30,       ......do..............   Do.
     County.                                   1993, Emerg; May
                                               12, 1995, Reg;
                                               September 2,
                                               2011, Susp.

[[Page 54710]]

 
    Clay County,                      180408  June 6, 2003,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               2010, Reg;
                                               September 2,
                                               2011, Susp.
Ohio:
    North Baltimore, Village          390587  July 3, 1975,       ......do..............   Do.
     of, Wood County.                          Emerg; September
                                               2, 1982, Reg;
                                               September 2,
                                               2011, Susp.
    Pemberville, Village of,          390624  August 5, 1975,     ......do..............   Do.
     Wood County.                              Emerg; August 2,
                                               1982, Reg;
                                               September 2,
                                               2011, Susp.
    Portage, Village of, Wood         390754  May 6, 1976,        ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1982, Reg;
                                               September 2,
                                               2011, Susp.
    Rossford, City of, Wood           390589  August 27, 1975,    ......do..............   Do.
     County.                                   Emerg; May 2,
                                               1983, Reg;
                                               September 2,
                                               2011, Susp.
    Wisconsin: Bagley, Village        550145  July 25, 1975,      ......do..............   Do.
     of, Grant County.                         Emerg; June 17,
                                               1986, Reg;
                                               September 2,
                                               2011, Susp.
    Bloomington, Village of,          550146  August 1, 1975,     ......do..............   Do.
     Grant County.                             Emerg; August 19,
                                               1986, Reg;
                                               September 2,
                                               2011, Susp.
    Blue River, Village of,           550147  N/A, Emerg; July    ......do..............   Do.
     Grant County.                             2, 2009, Reg;
                                               September 2,
                                               2011, Susp.
    Boscobel, City of, Grant          550148  November 27, 1981,  ......do..............   Do.
     County.                                   Emerg; November
                                               27, 1981, Reg;
                                               September 2,
                                               2011, Susp.
    Cassville, Village of,            555548  April 23, 1971,     ......do..............   Do.
     Grant County.                             Emerg; February
                                               19, 1972, Reg;
                                               September 2,
                                               2011, Susp.
    Grant County,                     555557  March 26, 1971,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 25,
                                               1973, Reg;
                                               September 2,
                                               2011, Susp.
    Lancaster, City of, Grant         550150  March 24, 1975,     ......do..............   Do.
     County.                                   Emerg; August 5,
                                               1986, Reg;
                                               September 2,
                                               2011, Susp.
    Muscoda, Village of, Grant        550153  October 25, 1974,   ......do..............   Do.
     County.                                   Emerg; September
                                               8, 1999, Reg;
                                               September 2,
                                               2011, Susp.
    Platteville, City of,             550154  June 24, 1975,      ......do..............   Do.
     Grant County.                             Emerg; September
                                               29, 1996, Reg;
                                               September 2,
                                               2011, Susp.
    Potosi, Village of, Grant         550155  August 23, 2001,    ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               September 2,
                                               2011, Susp.
 
           Region VI
Louisiana: Winnsboro, Town of,        220074  May 2, 1973,        ......do..............   Do.
 Franklin Parish.                              Emerg; September
                                               1, 1978, Reg;
                                               September 2,
                                               2011, Susp.
 
          Region VII
Kansas:
    Edwardsville, City of,            200362  May 13, 1975,       ......do..............   Do.
     Wyandotte County.                         Emerg; September
                                               29, 1978, Reg;
                                               September 2,
                                               2011, Susp.
    Kansas City, City of,             200363  December 10, 1974,  ......do..............   Do.
     Wyandotte County.                         Emerg; August 3,
                                               1981, Reg;
                                               September 2,
                                               2011, Susp.
 
          Region VIII
Colorado:
    Del Norte, Town of, Rio           080154  August 9, 1974,     ......do..............   Do.
     Grande County.                            Emerg; September
                                               30, 1982, Reg;
                                               September 2,
                                               2011, Susp.
    Monte Vista, City of, Rio         080155  May 27, 1975,       ......do..............   Do.
     Grande County.                            Emerg; September
                                               30, 1982, Reg;
                                               September 2,
                                               2011, Susp.
    Rio Grande County,                080153  June 25, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 19,
                                               1987, Reg;
                                               September 2,
                                               2011, Susp.
    South Fork, Town of, Rio          080318  N/A, Emerg; June    ......do..............   Do.
     Grande County.                            5, 1995, Reg;
                                               September 2,
                                               2011, Susp.
Montana:
    Belgrade, City of,                300105  July 9, 1997,       ......do..............   Do.
     Gallatin County.                          Emerg; N/A, Reg;
                                               September 2,
                                               2011, Susp.
    Bozeman, City of, Gallatin        300028  May 12, 1975,       ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1982, Reg;
                                               September 2,
                                               2011, Susp.
    Gallatin County,                  300027  November 20, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 1,
                                               1984, Reg;
                                               September 2,
                                               2011, Susp.
    Three Forks, City of,             300029  August 1, 1975,     ......do..............   Do.
     Gallatin County.                          Emerg; November
                                               19, 1980, Reg;
                                               September 2,
                                               2011, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 54711]]

    Dated: August 15, 2011.
Edward L. Connor,
Deputy Administrator, Insurance, Federal Insurance and Mitigation 
Administration.
[FR Doc. 2011-22466 Filed 9-1-11; 8:45 am]
BILLING CODE 9110-12-P