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Rule

Suspension of Community Eligibility

Action

Final Rule.

Summary

This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date.

 

Table of Contents Back to Top

DATES: Back to Top

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: Back to Top

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: Back to Top

The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. 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 the sale of NFIP flood insurance 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. We recognize that 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 publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. 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 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 FIRM for 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 Back to Top

Accordingly, 44 CFR part 64 is amended as follows:

begin regulatory text

PART 64—[AMENDED] Back to Top

1.The authority citation for part 64 continues to read as follows:

Authority:

42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376.

§ 64.6 [Amended]

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

State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs
*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Region III        
Pennsylvania:        
Ashland, Township of, Clarion County 422361 December 27, 1979, Emerg; January 17, 1985, Reg; December 2, 2011, Susp Dec. 2, 2011 Dec. 2, 2011.
Beaver, Township of, Clarion County 422362 October 26, 1979, Emerg; January 17, 1985, Reg; December 2, 2011, Susp ......do Do.
Clarion, Borough of, Clarion County 421500 October 3, 1975, Emerg; November 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Clarion, Township of, Clarion County 421507 January 20, 1976, Emerg; November 1, 1986, Reg; December 2, 2011, Susp ......do Do.
East Brady, Borough of, Clarion County 421501 December 10, 1974, Emerg; June 30, 1976, Reg; December 2, 2011, Susp ......do Do.
Elk, Township of, Clarion County 422365 February 11, 1976, Emerg; July 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Farmington, Township of, Clarion County 422366 August 21, 1975, Emerg; July 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Foxburg, Borough of, Clarion County 421502 February 28, 1977, Emerg; September 30, 1987, Reg; December 2, 2011, Susp ......do Do.
Hawthorn, Borough of, Clarion County 421503 October 13, 1976, Emerg; May 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Highland, Township of, Clarion County 421508 September 16, 1975, Emerg; May 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Knox, Township of, Clarion County 422367 June 15, 1976, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Licking, Township of, Clarion County 422368 June 8, 1977, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Limestone, Township of, Clarion County 422369 October 31, 1975, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Madison, Township of, Clarion County 422370 January 16, 1976, Emerg; September 30, 1987, Reg; December 2, 2011, Susp ......do Do.
Millcreek, Township of, Clarion County 422371 May 19, 1978, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Monroe, Township of, Clarion County 422372 March 1, 1976, Emerg; May 1, 1986, Reg; December 2, 2011, Susp ......do Do.
New Bethlehem, Borough of, Clarion County 420296 December 26, 1974, Emerg; August 15, 1990, Reg; December 2, 2011, Susp ......do Do.
Paint, Township of, Clarion County 422373 March 26, 1976, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Perry, Township of, Clarion County 421509 March 12, 1976, Emerg; May 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Piney, Township of, Clarion County 422374 February 18, 1976, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Porter, Township of, Clarion County 421510 January 21, 1976, Emerg; October 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Redbank, Township of, Clarion County 421511 April 2, 1975, Emerg; May 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Richland, Township of, Clarion County 422375 May 4, 1979, Emerg; October 1, 1986, Reg; December 2, 2011, Susp ......do Do.
Salem, Township of, Clarion County 422376 April 8, 1977, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Sligo, Borough of, Clarion County 421506 March 25, 1976, Emerg; August 15, 1990, Reg; December 2, 2011, Susp ......do Do.
Toby, Township of, Clarion County 422377 April 28, 1976, Emerg; January 3, 1985, Reg; December 2, 2011, Susp ......do Do.
Washington, Township of, Clarion County 422378 January 14, 1980, Emerg; February 1, 1985, Reg; December 2, 2011, Susp ......do Do.
Region IV        
Alabama:        
Brundidge, City of, Pike County 010347 April 13, 1990, Emerg; June 1, 1994, Reg; December 2, 2011, Susp ......do Do.
Goshen, Town of, Pike County 010284 October 8, 1976, Emerg; April 2, 1986, Reg; December 2, 2011, Susp ......do Do.
Pike County, Unincorporated Areas 010286 May 18, 1977, Emerg; August 1, 1987, Reg; December 2, 2011, Susp ......do Do.
Troy, City of, Pike County 010285 December 17, 1974, Emerg; September 18, 1985, Reg; December 2, 2011, Susp ......do Do.
Region V        
Illinois:        
Hardin County, Unincorporated Areas 171002 N/A, Emerg; N/A, Reg; November 2, 2011, Susp Nov. 2, 2011 Nov. 2, 2011.
Gallatin County, Unincorporated Areas 170900 July 29, 1975, Emerg; February 1, 1984, Reg; December 2, 2011, Susp Dec. 2, 2011 Dec. 2, 2011.
Junction, Village of, Gallatin County 170245 May 21, 1975, Emerg; January 5, 1984, Reg; December 2, 2011, Susp ......do Do.
New Haven, Village, Gallatin County 170246 October 1, 1975, Emerg; August 5, 1986, Reg; December 2, 2011, Susp ......do Do.
Omaha, Village of, Gallatin County 170248 August 1, 1975, Emerg; September 18, 1985, Reg; December 2, 2011, Susp ......do Do.
Ridgway, Village of, Gallatin County 170249 July 29, 1975, Emerg; July 18, 1985, Reg; December 2, 2011, Susp ......do Do.
Indiana:        
Clinton County, Unincorporated Areas 180029 February 13, 1976, Emerg; September 1, 1988, Reg; December 2, 2011, Susp ......do Do.
Frankfort, City of, Clinton County 180030 June 18, 1975, Emerg; June 11, 1976, Reg; December 2, 2011, Susp ......do Do.
Minnesota:        
Apple Valley, City of, Dakota County 270050 April 14, 2006, Emerg; May 1, 2008, Reg; December 2, 2011, Susp ......do Do.
Burnsville, City of, Dakota County 270102 February 9, 1973, Emerg; September 1, 1977, Reg; December 2, 2011, Susp ......do Do.
Dakota County, Unincorporated Areas 270101 March 4, 1974, Emerg; April 1, 1981, Reg; December 2, 2011, Susp ......do Do.
Eagan, City of, Dakota County 270103 July 1, 1975, Emerg; August 11, 1978, Reg; December 2, 2011, Susp ......do Do.
Farmington, City of, Dakota County 270104 July 22, 1975, Emerg; March 1, 1979, Reg; December 2, 2011, Susp ......do Do.
Hastings, City of, Dakota County 270105 March 9, 1973, Emerg; July 16, 1980, Reg; December 2, 2011, Susp ......do Do.
Inver Grove Heights, City of, Dakota County 270106 April 9, 1974, Emerg; August 1, 1980, Reg; December 2, 2011, Susp ......do Do.
Lakeville, City of, Dakota County 270107 February 12, 1974, Emerg; May 1, 1979, Reg; December 2, 2011, Susp ......do Do.
Lilydale, City of, Dakota County 275241 April 9, 1971, Emerg; February 9, 1973, Reg; December 2, 2011, Susp ......do Do.
Mendota, City of, Dakota County 270109 April 20, 1979, Emerg; April 15, 1985, Reg; December 2, 2011, Susp ......do Do.
Mendota Heights, City of, Dakota County 270110 July 14, 1978, Emerg; June 22, 1984, Reg; December 2, 2011, Susp ......do Do.
Miesville, City of, Dakota County 270111 December 21, 1978, Emerg; December 21, 1978, Reg; December 2, 2011, Susp ......do Do.
Northfield, City of, Dakota County 270406 April 10, 1974, Emerg; September 2, 1981, Reg; December 2, 2011, Susp ......do Do.
Randolph, City of, Dakota County 270112 June 5, 1975, Emerg; July 16, 1980, Reg; December 2, 2011, Susp ......do Do.
Rosemount, City of, Dakota County 270113 August 14, 1975, Emerg; July 16, 1980, Reg; December 2, 2011, Susp ......do Do.
South St. Paul, City of, Dakota County 270114 May 30, 1974, Emerg; June 18, 1980, Reg; December 2, 2011, Susp ......do Do.
Vermillion, City of, Dakota County 270115 October 6, 1975, Emerg; November 1, 1979, Reg; December 2, 2011, Susp ......do Do.
Medford, City of, Steele County 270462 August 15, 1975, Emerg; September 2, 1981, Reg; December 2, 2011, Susp ......do Do.
Owatonna, City of, Steele County 270463 May 16, 1974, Emerg; November 4, 1981, Reg; December 2, 2011, Susp ......do Do.
Steele County, Unincorporated Areas 270635 April 30, 1974, Emerg; November 4, 1981, Reg; December 2, 2011, Susp ......do Do.
Wisconsin:        
Boyceville, Village of, Dunn County 550119 June 23, 1975, Emerg; November 19, 1986, Reg; December 2, 2011, Susp ......do Do.
Colfax, Village of, Dunn County 550120 July 21, 1975, Emerg; August 16, 1988, Reg; December 2, 2011, Susp ......do Do.
Downing, Village of, Dunn County 550121 April 6, 1976, Emerg; September 4, 1986, Reg; December 2, 2011, Susp ......do Do.
Dunn County, Unincorporated Areas 550118 March 26, 1971, Emerg; October 15, 1981, Reg; December 2, 2011, Susp ......do Do.
Menomonie, City of, Dunn County 550123 January 7, 1976, Emerg; January 3, 1990, Reg; December 2, 2011, Susp ......do Do.
Wheeler, Village of, Dunn County 550124 January 15, 1976, Emerg; March 15, 1984, Reg; December 2, 2011, Susp ......do Do.
Region VI        
Louisiana:        
Iberia Parish, Unincorporated Areas 220078 April 27, 1973, Emerg; July 3, 1978, Reg; December 2, 2011, Susp ......do Do.
Loreauville, Village of, Iberia Parish 220081 May 10, 1973, Emerg; May 25, 1978, Reg; December 2, 2011, Susp ......do Do.
New Iberia, City of, Iberia Parish 220082 April 27, 1973, Emerg; August 22, 1978, Reg; December 2, 2011, Susp ......do Do.
Region IX        
Arizona:        
Nogales, City of, Santa Cruz County 040091 April 14, 1975, Emerg; April 15, 1981, Reg; December 2, 2011, Susp ......do Do.
end regulatory text

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2011-30909 Filed 11-30-11; 8:45 am]

BILLING CODE 9111-12-P

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