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Rule

Suspension of Community Eligibility

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AGENCY:

Federal Emergency Management Agency, DHS.

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 Start Printed Page 56118with 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 I
Connecticut:
East Hartford, Town of, Hartford County090026December 29, 1972, Emerg; December 18, 1979, Reg; September 16, 2011, Susp.Sept. 16, 2011Sept. 16, 2011
Hartford, City of, Hartford County095080June 30, 1970, Emerg; April 28, 1972, Reg; September 16, 2011, Susp.......do  Do.
Region IV
Alabama:
Albertville, City of, Marshall County010366October 13, 1976, Emerg; September 4, 1985, Reg; September 16, 2011, Susp.......do  Do.
Arab, City of, Marshall County010345March 21, 1977, Emerg; August 1, 1987, Reg; September 16, 2011, Susp.......do  Do.
Grant, Town of, Marshall County010282N/A, Emerg; June 11, 2009, Reg; September 16, 2011, Susp.......do  Do.
Guntersville, City of, Marshall County010311May 5, 1975, Emerg; August 19, 1991, Reg; September 16, 2011, Susp.......do  Do.
Haleyville, City of, Winston County010303October 23, 1975, Emerg; June 25, 1976, Reg; September 16, 2011, Susp.......do  Do.
Marshall County, Unincorporated Areas010275N/A, Emerg; June 4, 1991, Reg; September 16, 2011, Susp.......do  Do.
Winston County, Unincorporated Areas010304January 14, 1991, Emerg; September 1, 1991, Reg; September 16, 2011, Susp.......do  Do.
Mississippi:
Carthage, City of, Leake County280097October 18, 1974, Emerg; August 19, 1985, Reg; September 16, 2011, Susp.......do  Do.
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Leake County, Unincorporated Areas280293April 23, 1979, Emerg; September 15, 1989, Reg; September 16, 2011, Susp.......do  Do.
Pearl River Valley Water Supply District, Leake County280338N/A, Emerg; March 5, 1993, Reg; September 16, 2011, Susp.......do  Do.
Walnut Grove, Town of, Leake County280098November 1, 2010, Emerg; N/A, Reg; September 16, 2011, Susp.......do  Do.
South Carolina:
Cheraw, Town of, Chesterfield County450050March 21, 1974, Emerg; September 29, 1978, Reg; September 16, 2011, Susp.......do  Do.
Cherokee County, Unincorporated Areas450045October 21, 1981, Emerg; October 21, 1981, Reg; September 16, 2011, Susp.......do  Do.
Chester, City of, Chester County450048July 7, 1975, Emerg; July 5, 1982, Reg; September 16, 2011, Susp.......do  Do.
Chester County, Unincorporated Areas450047August 20, 1975, Emerg; July 5, 1982, Reg; September 16, 2011, Susp.......do  Do.
Chesterfield County, Unincorporated Areas450228December 15, 1986, Emerg; November 6, 1991, Reg; September 16, 2011, Susp.......do  Do.
Gaffney, City of, Cherokee County450046February 11, 1974, Emerg; August 3, 1981, Reg; September 16, 2011, Susp.......do  Do.
Great Falls, Town of, Chester County450049May 27, 1975, Emerg; June 25, 1976, Reg; September 16, 2011, Susp.......do  Do.
Newberry, City of, Newberry County450153November 27, 1974, Emerg; June 4, 1980, Reg; September 16, 2011, Susp.......do  Do.
Newberry County, Unincorporated Areas450224July 2, 1975, Emerg; December 15, 1990, Reg; September 16, 2011, Susp.......do  Do.
Whitmire, Town of, Newberry County450156July 7, 1975, Emerg; February 1, 1991, Reg; September 16, 2011, Susp.......do  Do.
Region V
Wisconsin:
Balsam Lake, Village of, Polk County550333April 30, 1975, Emerg; July 1, 1988, Reg; September 16, 2011, Susp.......do  Do.
Frederic, Village of, Polk County550334March 24, 1975, Emerg; September 1, 1986, Reg; September 16, 2011, Susp.......do  Do.
Luck, Village of, Polk County550335April 16, 1975, Emerg; July 2, 1987, Reg; September 16, 2011, Susp.......do  Do.
Osceola, Village of, Polk County550336August 20, 1974, Emerg; January 5, 1984, Reg; September 16, 2011, Susp.......do  Do.
Polk County, Unincorporated Areas550577April 22, 1975, Emerg; June 4, 1990, Reg; September 16, 2011, Susp.......do  Do.
Saint Croix Falls, City of, Polk County550337July 18, 1975, Emerg; May 1, 1987, Reg; September 16, 2011, Susp.......do  Do.
Region VI
Arkansas:
Cave City, City of, Sharp County050313December 10, 1982, Emerg; May 1, 1985, Reg; September 16, 2011, Susp.......do  Do.
Cherokee Village, City of, Sharp County050603April 25, 2000, Emerg; April 16, 2004, Reg; September 16, 2011, Susp.......do  Do.
Evening Shade, Town of, Sharp County050412March 23, 1976, Emerg; November 1, 1985, Reg; September 16, 2011, Susp.......do  Do.
Hardy, City of, Sharp County050330November 11, 1977, Emerg; September 4, 1985, Reg; September 16, 2011, Susp.......do  Do.
Williford, Town of, Sharp County050575January 18, 1983, Emerg; March 25, 1985, Reg; September 16, 2011, Susp.......do  Do.
Oklahoma:
Adair, Town of, Mayes County400256N/A, Emerg; January 25, 2010, Reg; September 16, 2011, Susp.......do  Do.
Chouteau, Town of, Mayes County400115May 9, 1975, Emerg; January 26, 1983, Reg; September 16, 2011, Susp.......do  Do.
Locust Grove, Town of, Mayes County400116May 9, 1975, Emerg; September 11, 1978, Reg; September 16, 2011, Susp.......do  Do.
Mayes County, Unincorporated Areas400458April 8, 1987, Emerg; December 1, 1989, Reg; September 16, 2011, Susp.......do  Do.
Pryor Creek, City of, Mayes County400117April 21, 1975, Emerg; July 16, 1987, Reg; September 16, 2011, Susp.......do  Do.
Salina, Town of, Mayes County400118January 26, 1983, Emerg; September 4, 1985, Reg; September 16, 2011, Susp.......do  Do.
Spavinaw, Town of, Mayes County400328December 23, 1976, Emerg; September 21, 1982, Reg; September 16, 2011, Susp.......do  Do.
Texas:
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Coolidge, City of, Limestone County480911June 12, 1987, Emerg; November 1, 1989, Reg; September 16, 2011, Susp.......do  Do.
Kosse, Town of, Limestone County481151November 19, 1980, Emerg; July 6, 1982, Reg; September 16, 2011, Susp.......do  Do.
Limestone County, Unincorporated Areas480910February 6, 1979, Emerg; June 1, 1987, Reg; September 16, 2011, Susp.......do  Do.
Mexia, City of, Limestone County480442August 18, 1975, Emerg; August 1, 1980, Reg; September 16, 2011, Susp.......do  Do.
Region VII
Iowa:
Aplington, City of, Butler County190335September 3, 2010, Emerg; N/A, Reg; September 16, 2011, Susp.......do  Do.
Aredale, City of, Butler County190035November 3, 1975, Emerg; August 19, 1986, Reg; September 16, 2011, Susp.......do  Do.
Clarksville, City of, Butler County190336October 28, 1985, Emerg; September 6, 1989, Reg; September 16, 2011, Susp.......do  Do.
New Hartford, City of, Butler County190038November 6, 1974, Emerg; September 29, 1986, Reg; September 16, 2011, Susp.......do  Do.
Elma, City of, Howard County190416May 23, 1978, Emerg; August 1, 1986, Reg; September 16, 2011, Susp.......do  Do.
Lime Springs, City of, Howard County190417January 24, 1977, Emerg; September 1, 1987, Reg; September 16, 2011, Susp.......do  Do.
Riceville, City of, Howard County190418February 21, 1997, Emerg; March 1, 2000, Reg; September 16, 2011, Susp.......do  Do.
Region VIII
South Dakota:
Meade County, Unincorporated Areas460054April 12, 1973, Emerg; August 1, 1978, Reg; September 16, 2011, Susp.......do  Do.
Sturgis, City of, Meade County460055February 9, 1973, Emerg; June 1, 1977, Reg; September 16, 2011, Susp.......do  Do.
Wyoming:
Dubois, Town of, Fremont County560018May 9, 1997, Emerg; November 1, 1998, Reg; September 16, 2011, Susp.......do  Do.
Fremont County, Unincorporated Areas560080July 8, 1975, Emerg; February 1, 1979, Reg; September 16, 2011, Susp.......do  Do.
Hudson, Town of, Fremont County560019September 6, 1974, Emerg; July 17, 1978, Reg; September 16, 2011, Susp.......do  Do.
Lander, City of, Fremont County560020August 23, 1974, Emerg; September 1, 1978, Reg; September 16, 2011, Susp.......do  Do.
Riverton, City of, Fremont County560021May 18, 1999, Emerg; September 1, 1999, Reg; September 16, 2011, Susp.......do  Do.
Shoshoni, Town of, Fremont County560078July 5, 1983, Emerg; May 28, 1986, Reg; September 16, 2011, Susp.......do  Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Sandra K. Knight,

Deputy Associate Administrator for Mitigation.

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[FR Doc. 2011-23219 Filed 9-9-11; 8:45 am]

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