[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)] [Rules and Regulations] [Pages 58405-58409] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2011-24288] ======================================================================= ----------------------------------------------------------------------- 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 [[Page 58406]] 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] 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: ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ Community cancellation of Current effective map Date certain federal State and Location No. sale of flood date assistance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region II New Jersey: Allamuchy, Township of, 340480 May 13, 1975, September 29, 2011.... September 29, 2011. Warren County. Emerg; August 15, 1983, Reg; September 29, 2011, Susp. Alpha, Borough of, Warren 340576 October 2, 1975, ......do.............. Do. County. Emerg; December 23, 1977, Reg; September 29, 2011, Susp. Andover, Borough of, 340542 August 27, 1975, ......do.............. Do. Sussex County. Emerg; March 4, 1983, Reg; September 29, 2011, Susp. Belvidere, Town of, Warren 340481 November 12, 1974, ......do.............. Do. County. Emerg; December 18, 1979, Reg; September 29, 2011, Susp. Blairstown, Township of, 340482 July 3, 1975, ......do.............. Do. Warren County. Emerg; September 1, 1983, Reg; September 29, 2011, Susp. [[Page 58407]] Branchville, Borough of, 340448 June 24, 1975, ......* do............ Do. Sussex County. Emerg; March 11, 1983, Reg; September 29, 2011, Susp. Frankford, Township of, 340526 October 1, 1975, ......do.............. Do. Sussex County. Emerg; March 11, 1983, Reg; September 29, 2011, Susp. Franklin, Borough of, 340449 July 7, 1975, ......do.............. Do. Sussex County. Emerg; March 15, 1984, Reg; September 29, 2011, Susp. Frelinghuysen, Township 340564 September 30, ......do.............. Do. of, Warren County. 1975, Emerg; February 4, 1983, Reg; September 29, 2011, Susp. Greenwich, Township of, 340483 May 19, 1975, ......do.............. Do. Warren County. Emerg; August 2, 1982, Reg; September 29, 2011, Susp. Hackettstown, Town of, 340484 October 1, 1975, ......do.............. Do. Warren County. Emerg; September 1, 1983, Reg; September 29, 2011, Susp. Hamburg, Borough of, 340450 August 29, 1975, ......do.............. Do. Sussex County. Emerg; March 15, 1984, Reg; September 29, 2011, Susp. Hampton, Township of, 340531 August 4, 1975, ......do.............. Do. Sussex County. Emerg; October 7, 1983, Reg; September 29, 2011, Susp. Hardwick, Township of, 340528 April 7, 1976, ......do.............. Do. Warren County. Emerg; January 21, 1983, Reg; September 29, 2011, Susp. Hopatcong, Borough of, 340452 December 10, 1974, ......do.............. Do. Sussex County. Emerg; April 1, 1983, Reg; September 29, 2011, Susp. Hope, Township of, Warren 340486 October 16, 1975, ......do.............. Do. County. Emerg; March 4, 1983, Reg; September 29, 2011, Susp. Knowlton, Township of, 340488 July 11, 1975, ......do.............. Do. Warren County. Emerg; January 6, 1983, Reg; September 29, 2011, Susp. Liberty, Township of, 340489 January 21, 1976, ......do.............. Do. Warren County. Emerg; March 18, 1983, Reg; September 29, 2011, Susp. Mansfield, Township of, 340491 November 26, 1974, ......do.............. Do. Warren County. Emerg; September 15, 1983, Reg; September 29, 2011, Susp. Montague, Township of, 340559 September 23, ......do.............. Do. Sussex County. 1976, Emerg; March 4, 1983, Reg; September 29, 2011, Susp. Newton, Town of, Sussex 340453 March 11, 1975, ......do.............. Do. County. Emerg; April 18, 1983, Reg; September 29, 2011, Susp. Ogdensburg, Borough of, 340454 July 16, 1975, ......do.............. Do. Sussex County. Emerg; September 5, 1984, Reg; September 29, 2011, Susp. Oxford, Township of, 340492 July 8, 1975, ......do.............. Do. Warren County. Emerg; March 11, 1983, Reg; September 29, 2011, Susp. Pohatcong, Township of, 340494 August 19, 1974, ......do.............. Do. Warren County. Emerg; September 30, 1981, Reg; September 29, 2011, Susp. Sandyston, Township of, 340455 April 11, 1985, ......do.............. Do. Sussex County. Emerg; December 17, 1991, Reg; September 29, 2011, Susp. Sparta, Township of, 340535 July 29, 1975, ......do.............. Do. Sussex County. Emerg; October 16, 1984, Reg; September 29, 2011, Susp Stillwater, Township of, 340560 August 4, 1975, ......do.............. Do. Sussex County. Emerg; February 25, 1983, Reg; September 29, 2011, Susp. Sussex, Borough of, Sussex 340457 July 15, 1975, ......do.............. Do. County. Emerg; February 2, 1983, Reg; September 29, 2011, Susp. Vernon, Township of, 340561 July 29, 1975, ......do.............. Do. Sussex County. Emerg; February 15, 1984, Reg; September 29, 2011, Susp. Walpack, Township of, 340458 August 16, 1977, ......do.............. Do. Sussex County. Emerg; March 18, 1983, Reg; September 29, 2011, Susp. Wantage, Township of, 340562 July 28, 1975, ......do.............. Do. Sussex County. Emerg; February 15, 1984, Reg; September 29, 2011, Susp. Washington, Borough of, 340495 June 24, 1975, ......do.............. Do. Warren County. Emerg; August 16, 1982, Reg; September 29, 2011, Susp. White, Township of, Warren 340497 May 1, 1973, ......do.............. Do. County. Emerg; May 15, 1984, Reg; September 29, 2011, Susp. Region IV Alabama: Collinsville, Town of, 010066 October 24, 1975, ......do.............. Do. DeKalb County. Emerg; April 15, 1980, Reg; September 29, 2011, Susp. DeKalb County, 010320 July 17, 2003, ......do.............. Do. Unincorporated Areas. Emerg; February 20, 2008, Reg; September 29, 2011, Susp. Fort Payne, City of, 010067 July 17, 1975, ......do.............. Do. DeKalb County. Emerg; May 1, 1980, Reg; September 29, 2011, Susp. Fyffe, Town of, DeKalb 010355 November 2, 1979, ......do.............. Do. County. Emerg; September 29, 1986, Reg; September 29, 2011, Susp. Hammondville, Town of, 010388 N/A, Emerg; ......do.............. Do. DeKalb County. October 14, 2009, Reg; September 29, 2011, Susp. Henagar, City of, DeKalb 010357 June 6, 2005, ......do.............. Do. County. Emerg; February 20, 2008, Reg; September 29, 2011, Susp. [[Page 58408]] Ider, Town of, DeKalb 010389 N/A, Emerg; ......do.............. Do. County. February 2, 2011, Reg; September 29, 2011, Susp. Powell, Town of, DeKalb 010398 June 6, 2005, ......do.............. Do. County. Emerg; February 20, 2008, Reg; September 29, 2011, Susp. Rainsville, City of, 010368 July 16, 1975, ......do.............. Do. DeKalb County. Emerg; May 1, 1980, Reg; September 29, 2011, Susp. Sylvania, Town of, DeKalb 010364 September 4, 2005, ......do.............. Do. County. Emerg; February 20, 2008, Reg; September 29, 2011, Susp. Valley Head, Town of, 010068 August 7, 1975, ......do.............. Do. DeKalb County. Emerg; April 15, 1980, Reg; September 29, 2011, Susp. Florida: DeBary, City of, Volusia 120672 May 14, 1971, ......do.............. Do. County. Emerg; November 23, 1973, Reg; September 29, 2011, Susp. DeLand, City of, Volusia 120307 February 19, 1975, ......do.............. Do. County. Emerg; December 22, 1980, Reg; September 29, 2011, Susp. Deltona, City of, Volusia 120677 N/A, Emerg; ......do.............. Do. County. January 22, 1998, Reg; September 29, 2011, Susp. Lake Helen, City of, 120674 N/A, Emerg; May ......do.............. Do. Volusia County. 19, 2005, Reg; September 29, 2011, Susp. Orange City, City of, 120633 June 1, 1990, ......do.............. Do. Volusia County. Emerg; September 2, 1994, Reg; September 29, 2011, Susp. Volusia County, 125155 May 14, 1971, ......do.............. Do. Unincorporated Areas. Emerg; November 23, 1973, Reg; September 29, 2011, Susp. South Carolina: Anderson, City of, 450014 November 2, 1973, ......do.............. Do. Anderson County. Emerg; December 16, 1980, Reg; September 29, 2011, Susp. Anderson County, 450013 July 2, 1975, ......do.............. Do. Unincorporated Areas. Emerg; January 2, 1981, Reg; September 29, 2011, Susp. Belton, City of, Anderson 450015 July 24, 1975, ......do.............. Do. County. Emerg; May 1, 1980, Reg; September 29, 2011, Susp. Iva, Town of, Anderson 450017 August 6, 1975, ......do.............. Do. County. Emerg; June 17, 1986, Reg; September 29, 2011, Susp. Williamston, Town of, 450020 July 18, 1975, ......do.............. Do. Anderson County. Emerg; March 4, 1980, Reg; September 29, 2011, Susp. Region V Michigan: Burns, Township of, 260762 July 23, 1991, ......do.............. Do. Shiawassee County. Emerg; December 19, 1996, Reg; September 29, 2011, Susp. Byron, Village of, 260601 May 23, 1990, ......do.............. Do. Shiawassee County. Emerg; February 1, 1991, Reg; September 29, 2011, Susp. Caledonia, Charter 260300 July 3, 1974, ......do.............. Do. Township of, Shiawassee Emerg; May 17, County. 1982, Reg; September 29, 2011, Susp. Corunna, City of, 260602 December 24, 1975, ......do.............. Do. Shiawassee County. Emerg; January 17, 1986, Reg; September 29, 2011, Susp. Hazelton, Township of, 260925 N/A, Emerg; April ......do.............. Do. Shiawassee County. 2, 1998, Reg; September 29, 2011, Susp. New Haven, Township of, 260521 November 13, 1986, ......do.............. Do. Shiawassee County. Emerg; April 1, 1988, Reg; September 29, 2011, Susp. Owosso, Charter Township 260809 October 22, 1987, ......do.............. Do. of, Shiawassee County. Emerg; October 20, 1999, Reg; September 29, 2011, Susp. Owosso, City of, 260596 May 23, 1975, ......do.............. Do. Shiawassee County. Emerg; March 1, 1982, Reg; September 29, 2011, Susp. Rush, Township of, 260522 January 3, 1979, ......do.............. Do. Shiawassee County. Emerg; February 1, 1986, Reg; September 29, 2011, Susp. Shiawassee, Township of, 260523 September 10, ......do.............. Do. Shiawassee County. 1981, Emerg; July 3, 1986, Reg; September 29, 2011, Susp. Vernon, Village of, 260524 May 28, 1982, ......do.............. Do. Shiawassee County. Emerg; May 17, 1988, Reg; September 29, 2011, Susp. Ohio: Alliance, City of, Stark 390508 July 31, 1975, ......do.............. Do. County. Emerg; July 5, 1982, Reg; September 29, 2011, Susp. Canal Fulton, City of, 390511 June 23, 1975, ......do.............. Do. Stark County. Emerg; July 5, 1982, Reg; September 29, 2011, Susp. Canton, City of, Stark 390512 April 17, 1975, ......do.............. Do. County. Emerg; January 6, 1983, Reg; September 29, 2011, Susp. East Canton, Village of, 390513 July 16, 1976, ......do.............. Do. Stark County. Emerg; February 16, 1979, Reg; September 29, 2011, Susp. East Sparta, Village of, 390655 June 30, 1975, ......do.............. Do. Stark County. Emerg; May 1, 1981, Reg; September 29, 2011, Susp. Minerva, Village of, Stark 390518 May 12, 1975, ......do.............. Do. County. Emerg; July 5, 1982, Reg; September 29, 2011, Susp. [[Page 58409]] Stark County, 390780 March 2, 1977, ......do.............. Do. Unincorporated Areas. Emerg; September 1, 1983, Reg; September 29, 2011, Susp. Waynesburg, Village of, 390667 April 22, 1975, ......do.............. Do. Stark County. Emerg; July 5, 1982, Reg; September 29, 2011, Susp. Region VII Iowa: Bronson, City of, Woodbury 190287 September 4, 1975, ......do.............. Do. County. Emerg; September 1, 1986, Reg; September 29, 2011, Susp. Cushing, City of, Woodbury 190289 April 28, 1975, ......do.............. Do. County. Emerg; September 18, 1985, Reg; September 29, 2011, Susp. Hornick, City of, Woodbury 190291 July 8, 1975, ......do.............. Do. County. Emerg; September 27, 1985, Reg; September 29, 2011, Susp. Lawton, City of, Woodbury 190292 August 8, 1975, ......do.............. Do. County. Emerg; September 1, 1986, Reg; September 29, 2011, Susp. Moville, City of, Woodbury 190293 February 23, 1976, ......do.............. Do. County. Emerg; September 1, 1986, Reg; September 29, 2011, Susp. Salix, City of, Woodbury 190296 November 3, 1975, ......do.............. Do. County. Emerg; April 25, 1980, Reg; September 29, 2011, Susp. Sioux City, City of, 190298 May 14, 1971, ......do.............. Do. Woodbury County. Emerg; August 1, 1979, Reg; September 29, 2011, Susp. Sloan, City of, Woodbury 190299 August 12, 1975, ......do.............. Do. County. Emerg; June 10, 1980, Reg; September 29, 2011, Susp. Woodbury County, 190536 October 29, 1974, ......do.............. Do. Unincorporated Areas. Emerg; June 17, 1991, Reg; September 29, 2011, Susp. Winnebago Indian Tribe, 190984 August 6, 1996, ......do.............. Do. Woodbury County. Emerg; January 6, 2010, Reg; September 29, 2011, Susp. Kansas: Shawnee County, 200331 June 23, 1978, ......do.............. Do. Unincorporated Areas. Emerg; June 1, 1982, Reg; September 29, 2011, Susp. Topeka, City of, Shawnee 205187 August 7, 1970, ......do.............. Do. County. Emerg; October 23, 1971, Reg; September 29, 2011, Susp. Missouri: Allenville, Village of, 290905 N/A, Emerg; April ......do.............. Do. Cape Girardeau County. 17, 1998, Reg; September 29, 2011, Susp. Cape Girardeau, City of, 290458 May 14, 1974, ......do.............. Do. Cape Girardeau County. Emerg; November 5, 1980, Reg; September 29, 2011, Susp. Jackson, City of, Cape 295265 September 10, ......do.............. Do. Girardeau County. 1971, Emerg; May 4, 1973, Reg; September 29, 2011, Susp. Whitewater, Village of, 290903 N/A, Emerg; April ......do.............. Do. Cape Girardeau County. 2, 1998, Reg; September 29, 2011, Susp. ---------------------------------------------------------------------------------------------------------------- *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