76 FR 183 pgs. 58405-58409 - Suspension of Community Eligibility
Type: RULEVolume: 76Number: 183Pages: 58405 - 58409
Docket number: [Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8197]
FR document: [FR Doc. 2011-24288 Filed 9-20-11; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8197]
Suspension of Community Eligibility
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.
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 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]
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 |
|---|---|---|---|---|
| Region II | ||||
| New Jersey: | ||||
| Allamuchy, Township of, Warren County | 340480 | May 13, 1975, Emerg; August 15, 1983, Reg; September 29, 2011, Susp. | September 29, 2011 | September 29, 2011. |
| Alpha, Borough of, Warren County | 340576 | October 2, 1975, Emerg; December 23, 1977, Reg; September 29, 2011, Susp. | ......do | Do. |
| Andover, Borough of, Sussex County | 340542 | August 27, 1975, Emerg; March 4, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Belvidere, Town of, Warren County | 340481 | November 12, 1974, Emerg; December 18, 1979, Reg; September 29, 2011, Susp. | ......do | Do. |
| Blairstown, Township of, Warren County | 340482 | July 3, 1975, Emerg; September 1, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Branchville, Borough of, Sussex County | 340448 | June 24, 1975, Emerg; March 11, 1983, Reg; September 29, 2011, Susp. | ......* do | Do. |
| Frankford, Township of, Sussex County | 340526 | October 1, 1975, Emerg; March 11, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Franklin, Borough of, Sussex County | 340449 | July 7, 1975, Emerg; March 15, 1984, Reg; September 29, 2011, Susp. | ......do | Do. |
| Frelinghuysen, Township of, Warren County | 340564 | September 30, 1975, Emerg; February 4, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Greenwich, Township of, Warren County | 340483 | May 19, 1975, Emerg; August 2, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hackettstown, Town of, Warren County | 340484 | October 1, 1975, Emerg; September 1, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hamburg, Borough of, Sussex County | 340450 | August 29, 1975, Emerg; March 15, 1984, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hampton, Township of, Sussex County | 340531 | August 4, 1975, Emerg; October 7, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hardwick, Township of, Warren County | 340528 | April 7, 1976, Emerg; January 21, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hopatcong, Borough of, Sussex County | 340452 | December 10, 1974, Emerg; April 1, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hope, Township of, Warren County | 340486 | October 16, 1975, Emerg; March 4, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Knowlton, Township of, Warren County | 340488 | July 11, 1975, Emerg; January 6, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Liberty, Township of, Warren County | 340489 | January 21, 1976, Emerg; March 18, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Mansfield, Township of, Warren County | 340491 | November 26, 1974, Emerg; September 15, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Montague, Township of, Sussex County | 340559 | September 23, 1976, Emerg; March 4, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Newton, Town of, Sussex County | 340453 | March 11, 1975, Emerg; April 18, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Ogdensburg, Borough of, Sussex County | 340454 | July 16, 1975, Emerg; September 5, 1984, Reg; September 29, 2011, Susp. | ......do | Do. |
| Oxford, Township of, Warren County | 340492 | July 8, 1975, Emerg; March 11, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Pohatcong, Township of, Warren County | 340494 | August 19, 1974, Emerg; September 30, 1981, Reg; September 29, 2011, Susp. | ......do | Do. |
| Sandyston, Township of, Sussex County | 340455 | April 11, 1985, Emerg; December 17, 1991, Reg; September 29, 2011, Susp. | ......do | Do. |
| Sparta, Township of, Sussex County | 340535 | July 29, 1975, Emerg; October 16, 1984, Reg; September 29, 2011, Susp | ......do | Do. |
| Stillwater, Township of, Sussex County | 340560 | August 4, 1975, Emerg; February 25, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Sussex, Borough of, Sussex County | 340457 | July 15, 1975, Emerg; February 2, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Vernon, Township of, Sussex County | 340561 | July 29, 1975, Emerg; February 15, 1984, Reg; September 29, 2011, Susp. | ......do | Do. |
| Walpack, Township of, Sussex County | 340458 | August 16, 1977, Emerg; March 18, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Wantage, Township of, Sussex County | 340562 | July 28, 1975, Emerg; February 15, 1984, Reg; September 29, 2011, Susp. | ......do | Do. |
| Washington, Borough of, Warren County | 340495 | June 24, 1975, Emerg; August 16, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| White, Township of, Warren County | 340497 | May 1, 1973, Emerg; May 15, 1984, Reg; September 29, 2011, Susp. | ......do | Do. |
| Region IV | ||||
| Alabama: | ||||
| Collinsville, Town of, DeKalb County | 010066 | October 24, 1975, Emerg; April 15, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| DeKalb County, Unincorporated Areas | 010320 | July 17, 2003, Emerg; February 20, 2008, Reg; September 29, 2011, Susp. | ......do | Do. |
| Fort Payne, City of, DeKalb County | 010067 | July 17, 1975, Emerg; May 1, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Fyffe, Town of, DeKalb County | 010355 | November 2, 1979, Emerg; September 29, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hammondville, Town of, DeKalb County | 010388 | N/A, Emerg; October 14, 2009, Reg; September 29, 2011, Susp. | ......do | Do. |
| Henagar, City of, DeKalb County | 010357 | June 6, 2005, Emerg; February 20, 2008, Reg; September 29, 2011, Susp. | ......do | Do. |
| Ider, Town of, DeKalb County | 010389 | N/A, Emerg; February 2, 2011, Reg; September 29, 2011, Susp. | ......do | Do. |
| Powell, Town of, DeKalb County | 010398 | June 6, 2005, Emerg; February 20, 2008, Reg; September 29, 2011, Susp. | ......do | Do. |
| Rainsville, City of, DeKalb County | 010368 | July 16, 1975, Emerg; May 1, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Sylvania, Town of, DeKalb County | 010364 | September 4, 2005, Emerg; February 20, 2008, Reg; September 29, 2011, Susp. | ......do | Do. |
| Valley Head, Town of, DeKalb County | 010068 | August 7, 1975, Emerg; April 15, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Florida: | ||||
| DeBary, City of, Volusia County | 120672 | May 14, 1971, Emerg; November 23, 1973, Reg; September 29, 2011, Susp. | ......do | Do. |
| DeLand, City of, Volusia County | 120307 | February 19, 1975, Emerg; December 22, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Deltona, City of, Volusia County | 120677 | N/A, Emerg; January 22, 1998, Reg; September 29, 2011, Susp. | ......do | Do. |
| Lake Helen, City of, Volusia County | 120674 | N/A, Emerg; May 19, 2005, Reg; September 29, 2011, Susp. | ......do | Do. |
| Orange City, City of, Volusia County | 120633 | June 1, 1990, Emerg; September 2, 1994, Reg; September 29, 2011, Susp. | ......do | Do. |
| Volusia County, Unincorporated Areas | 125155 | May 14, 1971, Emerg; November 23, 1973, Reg; September 29, 2011, Susp. | ......do | Do. |
| South Carolina: | ||||
| Anderson, City of, Anderson County | 450014 | November 2, 1973, Emerg; December 16, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Anderson County, Unincorporated Areas | 450013 | July 2, 1975, Emerg; January 2, 1981, Reg; September 29, 2011, Susp. | ......do | Do. |
| Belton, City of, Anderson County | 450015 | July 24, 1975, Emerg; May 1, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Iva, Town of, Anderson County | 450017 | August 6, 1975, Emerg; June 17, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Williamston, Town of, Anderson County | 450020 | July 18, 1975, Emerg; March 4, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Region V | ||||
| Michigan: | ||||
| Burns, Township of, Shiawassee County | 260762 | July 23, 1991, Emerg; December 19, 1996, Reg; September 29, 2011, Susp. | ......do | Do. |
| Byron, Village of, Shiawassee County | 260601 | May 23, 1990, Emerg; February 1, 1991, Reg; September 29, 2011, Susp. | ......do | Do. |
| Caledonia, Charter Township of, Shiawassee County | 260300 | July 3, 1974, Emerg; May 17, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Corunna, City of, Shiawassee County | 260602 | December 24, 1975, Emerg; January 17, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hazelton, Township of, Shiawassee County | 260925 | N/A, Emerg; April 2, 1998, Reg; September 29, 2011, Susp. | ......do | Do. |
| New Haven, Township of, Shiawassee County | 260521 | November 13, 1986, Emerg; April 1, 1988, Reg; September 29, 2011, Susp. | ......do | Do. |
| Owosso, Charter Township of, Shiawassee County | 260809 | October 22, 1987, Emerg; October 20, 1999, Reg; September 29, 2011, Susp. | ......do | Do. |
| Owosso, City of, Shiawassee County | 260596 | May 23, 1975, Emerg; March 1, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Rush, Township of, Shiawassee County | 260522 | January 3, 1979, Emerg; February 1, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Shiawassee, Township of, Shiawassee County | 260523 | September 10, 1981, Emerg; July 3, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Vernon, Village of, Shiawassee County | 260524 | May 28, 1982, Emerg; May 17, 1988, Reg; September 29, 2011, Susp. | ......do | Do. |
| Ohio: | ||||
| Alliance, City of, Stark County | 390508 | July 31, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Canal Fulton, City of, Stark County | 390511 | June 23, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Canton, City of, Stark County | 390512 | April 17, 1975, Emerg; January 6, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| East Canton, Village of, Stark County | 390513 | July 16, 1976, Emerg; February 16, 1979, Reg; September 29, 2011, Susp. | ......do | Do. |
| East Sparta, Village of, Stark County | 390655 | June 30, 1975, Emerg; May 1, 1981, Reg; September 29, 2011, Susp. | ......do | Do. |
| Minerva, Village of, Stark County | 390518 | May 12, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Stark County, Unincorporated Areas | 390780 | March 2, 1977, Emerg; September 1, 1983, Reg; September 29, 2011, Susp. | ......do | Do. |
| Waynesburg, Village of, Stark County | 390667 | April 22, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Region VII | ||||
| Iowa: | ||||
| Bronson, City of, Woodbury County | 190287 | September 4, 1975, Emerg; September 1, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Cushing, City of, Woodbury County | 190289 | April 28, 1975, Emerg; September 18, 1985, Reg; September 29, 2011, Susp. | ......do | Do. |
| Hornick, City of, Woodbury County | 190291 | July 8, 1975, Emerg; September 27, 1985, Reg; September 29, 2011, Susp. | ......do | Do. |
| Lawton, City of, Woodbury County | 190292 | August 8, 1975, Emerg; September 1, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Moville, City of, Woodbury County | 190293 | February 23, 1976, Emerg; September 1, 1986, Reg; September 29, 2011, Susp. | ......do | Do. |
| Salix, City of, Woodbury County | 190296 | November 3, 1975, Emerg; April 25, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Sioux City, City of, Woodbury County | 190298 | May 14, 1971, Emerg; August 1, 1979, Reg; September 29, 2011, Susp. | ......do | Do. |
| Sloan, City of, Woodbury County | 190299 | August 12, 1975, Emerg; June 10, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Woodbury County, Unincorporated Areas | 190536 | October 29, 1974, Emerg; June 17, 1991, Reg; September 29, 2011, Susp. | ......do | Do. |
| Winnebago Indian Tribe, Woodbury County | 190984 | August 6, 1996, Emerg; January 6, 2010, Reg; September 29, 2011, Susp. | ......do | Do. |
| Kansas: | ||||
| Shawnee County, Unincorporated Areas | 200331 | June 23, 1978, Emerg; June 1, 1982, Reg; September 29, 2011, Susp. | ......do | Do. |
| Topeka, City of, Shawnee County | 205187 | August 7, 1970, Emerg; October 23, 1971, Reg; September 29, 2011, Susp. | ......do | Do. |
| Missouri: | ||||
| Allenville, Village of, Cape Girardeau County | 290905 | N/A, Emerg; April 17, 1998, Reg; September 29, 2011, Susp. | ......do | Do. |
| Cape Girardeau, City of, Cape Girardeau County | 290458 | May 14, 1974, Emerg; November 5, 1980, Reg; September 29, 2011, Susp. | ......do | Do. |
| Jackson, City of, Cape Girardeau County | 295265 | September 10, 1971, Emerg; May 4, 1973, Reg; September 29, 2011, Susp. | ......do | Do. |
| Whitewater, Village of, Cape Girardeau County | 290903 | N/A, Emerg; April 2, 1998, Reg; September 29, 2011, Susp. | ......do | Do. |
| *do = Ditto. | ||||
| Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. | ||||
Sandra K. Knight,
Deputy Associate Administrator for Mitigation, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-24288 Filed 9-20-11; 8:45 am]
BILLING CODE 9110-12-P