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Rule

Suspension of Community Eligibility

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AGENCY:

Federal Emergency Management Agency, DHS.

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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.

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.

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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.

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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.

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List of Subjects in 44 CFR Part 64

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Accordingly, 44 CFR part 64 is amended as follows:

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PART 64—[AMENDED]

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

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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.

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

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region II
New York:
Bloomingburg, Village of, Sullivan County361473November 28, 1975, Emerg; April 17, 1985, Reg; February 18, 2011, Susp.Feb. 18, 2011Feb. 18, 2011.
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Fallsburg, Town of, Sullivan County360819October 29, 1974, Emerg; March 9, 1984, Reg; February 18, 2011, Susp.......do*  Do.
Fremont, Town of, Sullivan County360821April 11, 1975, Emerg; May 25, 1984, Reg; February 18, 2011, Susp.......do  Do.
Highland, Town of, Sullivan County360822August 30, 1974, Emerg; March 23, 1984, Reg; February 18, 2011, Susp.......do  Do.
Jeffersonville, Village of, Sullivan County361474June 19, 1975, Emerg; March 23, 1984, Reg; February 18, 2011, Susp.......do  Do.
Lumberland, Town of, Sullivan County360825April 21, 1975, Emerg; February 27, 1984, Reg; February 18, 2011, Susp.......do  Do.
Mamakating, Town of, Sullivan County360826October 6, 1976, Emerg; September 24, 1984, Reg; February 18, 2011, Susp.......do  Do.
Monticello, Village of, Sullivan County361613May 10, 1984, Emerg; May 10, 1984, Reg; February 18, 2011, Susp.......do  Do.
Neversink, Town of, Sullivan County360828July 7, 1975, Emerg; May 25, 1984, Reg; February 18, 2011, Susp.......do  Do.
Tusten, Town of, Sullivan County360831May 13, 1975, Emerg; August 27, 1982, Reg; February 18, 2011, Susp.......do  Do.
Wurtsboro, Village of, Sullivan County361476December 23, 1975, Emerg; May 25, 1984, Reg; February 18, 2011, Susp.......do  Do.
Region III
Pennsylvania:
Ayr, Township of, Fulton County422428March 9, 1977, Emerg; July 2, 1982, Reg; February 18, 2011, Susp.......do  Do.
Belfast, Township of, Fulton County421659November 15, 1984, Emerg; August 5, 1985, Reg; February 18, 2011, Susp.......do  Do.
Bethel, Township of, Fulton County422429June 11, 1976, Emerg; June 11, 1982, Reg; February 18, 2011, Susp.......do  Do.
Brush Creek, Township of, Fulton County421660July 11, 1984, Emerg; October 15, 1985, Reg; February 18, 2011, Susp.......do  Do.
Dublin, Township of, Fulton County421661August 5, 1975, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Licking Creek, City of, Fulton County421662February 3, 1977, Emerg; May 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
McConnellsburgh, Borough of, Fulton County422701April 7, 1995, Emerg; February 9, 2001, Reg; February 18, 2011, Susp.......do  Do.
Taylor, Township of, Fulton County421663October 14, 1975, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Thompson, Township of, Fulton County421664December 23, 1977, Emerg; June 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Todd, Township of, Fulton County421665December 11, 1975, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Union, Township of, Fulton County422430December 19, 1977, Emerg; February 25, 1983, Reg; February 18, 2011, Susp.......do  Do.
Wells, Township of, Fulton County421666December 4, 1975, Emerg; May 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Virginia:
Appalachia, Town of, Wise County510319March 27, 1975, Emerg; September 17, 1980, Reg; February 18, 2011, Susp.......do  Do.
Big Stone Gap, Town of, Wise County515521June 19, 1970, Emerg; December 11, 1970, Reg; February 18, 2011, Susp.......do  Do.
Bluefield, Town of, Tazewell County510161July 30, 1973, Emerg; July 17, 1978, Reg; February 18, 2011, Susp.......do  Do.
Cedar Bluff, Town of, Tazewell County510162November 29, 1974, Emerg; April 4, 1983, Reg; February 18, 2011, Susp.......do  Do.
Coeburn, Town of, Wise County510176March 6, 1975, Emerg; July 2, 1980, Reg; February 18, 2011, Susp.......do  Do.
Jonesville, Town of, Lee County510086July 2, 1975, Emerg; October 30, 1981, Reg; February 18, 2011, Susp.......do  Do.
Lee County, Unincorporated Areas510085January 23, 1975, Emerg; March 4, 1987, Reg; February 18, 2011, Susp.......do  Do.
Norton, City of, Independent City510108March 17, 1972, Emerg; February 16, 1977, Reg; February 18, 2011, Susp.......do  Do.
Pennington Gap, Town of, Lee County510087June 17, 1975, Emerg; September 4, 1986, Reg; February 18, 2011, Susp.......do  Do.
Pocahontas, Town of, Tazewell County510337September 14, 1983, Emerg; September 14, 1983, Reg; February 18, 2011, Susp.......do  Do.
Pound, Town of, Wise County510177January 24, 1975, Emerg; March 2, 1981, Reg; February 18, 2011, Susp.......do  Do.
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Richlands, Town of, Tazewell County510163December 5, 1974, Emerg; April 4, 1983, Reg; February 18, 2011, Susp.......do  Do.
St. Charles, Town of, Lee County510088April 21, 1975, Emerg; September 4, 1986, Reg; February 18, 2011, Susp.......do  Do.
St. Paul, Town of, Russell and Wise Counties515530June 19, 1970, Emerg; December 4, 1970, Reg; February 18, 2011, Susp.......do  Do.
Tazewell, Town of, Tazewell County510164October 9, 1974, Emerg; August 15, 1983, Reg; February 18, 2011, Susp.......do  Do.
Tazewell County, Unincorporated Areas510160May 13, 1975, Emerg; September 1, 1983, Reg; February 18, 2011, Susp.......do  Do.
Wise, Town of, Wise County510179March 3, 1975, Emerg; April 15, 1981, Reg; February 18, 2011, Susp.......do  Do.
Wise County, Unincorporated Areas510174October 30, 1974, Emerg; August 17, 1981, Reg; February 18, 2011, Susp.......do  Do.
Region IV
Alabama:
Chambers County, Unincorporated Areas010026July 29, 1975, Emerg; July 4, 1988, Reg; February 18, 2011, Susp.......do  Do.
Lafayette, City of, Chambers County010028September 30, 1975, Emerg; September 18, 1985, Reg; February 18, 2011, Susp.......do  Do.
Lanett, City of, Chambers County010029May 13, 1975, Emerg; July 4, 1988, Reg; February 18, 2011, Susp.......do  Do.
Valley, City of, Chambers County010424September 15, 1998, Emerg; February 18, 2011, Reg; February 18, 2011, Susp.......do  Do.
Mississippi:
Columbus, City of, Lowndes County280108March 3, 1972, Emerg; July 13, 1976, Reg; February 18, 2011, Susp.......do  Do.
Lowndes County, Unincorporated Areas280193January 14, 1974, Emerg; November 15, 1979, Reg; February 18, 2011, Susp.......do  Do.
Region V
Illinois:
Albany, Village of, Whiteside County170688April 1, 1974, Emerg; June 15, 1981, Reg; February 18, 2011, Susp.......do  Do.
Belvidere, City of, Boone County170008June 26, 1974, Emerg; January 6, 1982, Reg; February 18, 2011, Susp.......do  Do.
Boone County, Unincorporated Areas170807May 1, 1974, Emerg; November 17, 1982, Reg; February 18, 2011, Susp.......do  Do.
Cherry Valley, Village of, Boone and Winnebago Counties170721February 18, 1975, Emerg; March 16, 1981, Reg; February 18, 2011, Susp.......do  Do.
Elkhart, Village of, Logan County171010February 12, 1982, Emerg; September 4, 1986, Reg; February 18, 2011, Susp.......do  Do.
Erie, Village of, Whiteside County170689February 11, 1974, Emerg; February 15, 1985, Reg; February 18, 2011, Susp.......do  Do.
Fulton, City of, Whiteside County170690July 2, 1975, Emerg; May 17, 1982, Reg; February 18, 2011, Susp.......do  Do.
Lincoln, City of, Logan County170428June 16, 1975, Emerg; October 16, 1979, Reg; February 18, 2011, Susp.......do  Do.
Loves Park, City of, Boone and Winnebago Counties170722February 23, 1973, Emerg; October 17, 1978, Reg; February 18, 2011, Susp.......do  Do.
Lyndon, Village of, Whiteside County170917March 15, 1979, Emerg; March 1, 1984, Reg; February 18, 2011, Susp.......do  Do.
Morrison, City of, Whiteside County170691June 10, 1975, Emerg; September 30, 1988, Reg; February 18, 2011, Susp.......do  Do.
Prophetstown, City of, Whiteside County170692April 8, 1974, Emerg; August 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Rock Falls, City of, Whiteside County170694May 1, 1974, Emerg; September 1, 1986, Reg; February 18, 2011, Susp.......do  Do.
Sterling, City of, Whiteside County170693April 2, 1975, Emerg; October 5, 1984, Reg; February 18, 2011, Susp.......do  Do.
Whiteside County, Unincorporated Areas170687March 16, 1973, Emerg; February 19, 1986, Reg; February 18, 2011, Susp.......do  Do.
Indiana:
Seelyville, Town of, Vigo County180310November 24, 1975, Emerg; May 25, 1978, Reg; February 18, 2011, Susp.......do  Do.
Terre Haute, City of, Vigo County180264January 23, 1974, Emerg; December 1, 1981, Reg; February 18, 2011, Susp.......do  Do.
Vigo County, Unincorporated Areas180263June 28, 1974, Emerg; November 2, 1983, Reg; February 18, 2011, Susp.......do  Do.
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Region VI
Louisiana:
Calcasieu Parish, Unincorporated Areas220037December 31, 1971, Emerg; September 29, 1978, Reg; February 18, 2011, Susp.......do  Do.
De Quincy, City of, Calcasieu Parish220038August 29, 1973, Emerg; April 2, 1979, Reg; February 18, 2011, Susp.......do  Do.
Vinton, Town of, Calcasieu Parish220042February 6, 1975, Emerg; July 16, 1981, Reg; February 18, 2011, Susp.......do  Do.
Texas:
Bailey, City of, Fannin County480808November 29, 1991, Emerg; July 1, 1992, Reg; February 18, 2011, Susp.......do  Do.
Bonham, City of, Fannin County480222January 3, 1975, Emerg; May 5, 1981, Reg; February 18, 2011, Susp.......do  Do.
Fannin County, Unincorporated Areas480807September 9, 2004, Emerg; January 4, 2005, Reg; February 18, 2011, Susp.......do  Do.
Hale County, Unincorporated Areas481223July 26, 1985, Emerg; February 1, 1988, Reg; February 18, 2011, Susp.......do  Do.
Leonard, City of, Fannin County480812August 15, 2005, Emerg; February 11, 2009, Reg; February 18, 2011, Susp.......do  Do.
Plainview, City of, Hale County480275September 7, 1973, Emerg; March 16, 1989, Reg; February 18, 2011, Susp.......do  Do.
Whitewright, Town of, Fannin and Grayson Counties480839December 18, 1981, Emerg; June 19, 1985, Reg; February 18, 2011, Susp.......do  Do.
Windom, Town of, Fannin County481165January 27, 2010, Emerg; February 18, 2011, Reg; February 18, 2011, Susp.......do  Do.
Region VII
Iowa:
Bettendorf, City of, Scott County190240February 4, 1972, Emerg; June 1, 1978, Reg; February 18, 2011, Susp.......do  Do.
Buffalo, City of, Scott County190241September 26, 1974, Emerg; September 17, 1980, Reg; February 18, 2011, Susp.......do  Do.
Davenport, City of, Scott County190242July 25, 1973, Emerg; March 1, 1978, Reg; February 18, 2011, Susp.......do  Do.
Donahue, City of, Scott County190505February 10, 1988, Emerg; May 1, 1990, Reg; February 18, 2011, Susp.......do  Do.
Panorama Park, City of, Scott County190506N/A, Emerg; December 17, 1990, Reg; February 18, 2011, Susp.......do  Do.
Riverdale, City of, Scott County190245July 7, 1975, Emerg; January 5, 1978, Reg; February 18, 2011, Susp.......do  Do.
Scott County, Unincorporated Areas190239December 30, 1971, Emerg; June 1, 1977, Reg; February 18, 2011, Susp.......do  Do.
Walcott, City of, Muscatine and Scott Counties190675July 29, 1998, Emerg; November 7, 2001, Reg; February 18, 2011, Susp.......do  Do.
Nebraska:
Bennet, Village of, Lancaster County310251August 3, 1976, Emerg; March 2, 1981, Reg; February 18, 2011, Susp.......do  Do.
Denton, Village of, Lancaster County310498July 9, 1998, Emerg; September 21, 2001, Reg; February 18, 2011, Susp.......do  Do.
Firth, Village of, Lancaster County310135July 22, 1975, Emerg; April 15, 1981, Reg; February 18, 2011, Susp.......do  Do.
Hickman, City of, Lancaster County310136May 27, 1975, Emerg; February 3, 1982, Reg; February 18, 2011, Susp.......do  Do.
Lancaster County, Unincorporated Areas310134February 16, 1979, Emerg; February 3, 1982, Reg; February 18, 2011, Susp.......do  Do.
Lincoln, City of, Lancaster County315273April 17, 1970, Emerg; April 23, 1971, Reg; February 18, 2011, Susp.......do  Do.
Malcolm, Village of, Lancaster County310500N/A, Emerg; March 30, 2009, Reg; February 18, 2011, Susp.......do  Do.
Raymond, Village of, Lancaster County310138April 18, 1985, Emerg; April 18, 1985, Reg; February 18, 2011, Susp.......do  Do.
Sprague, Village of, Lancaster County310495October 18, 1996, Emerg; September 21, 2001, Reg; February 18, 2011, Susp.......do  Do.
Talmage, Village of, Otoe County310167December 23, 1974, Emerg; June 1, 1982, Reg; February 18, 2011, Susp.......do  Do.
Waverly, City of, Lancaster County310140June 13, 1975, Emerg; April 15, 1982, Reg; February 18, 2011, Susp.......do  Do.
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Region IX
California: Wheatland, City of, Yuba County060460February 10, 1976, Emerg; September 29, 1986, Reg; February 18, 2011, Susp.......do  Do.
......do* = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: January 21, 2011.

Sandra K. Knight,

Deputy Federal Insurance and Mitigation Administrator, Mitigation

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[FR Doc. 2011-1977 Filed 1-28-11; 8:45 am]

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