[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78164-78167]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32335]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8209]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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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
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
[[Page 78165]]
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
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:
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Effective date
authorization/
Community cancellation of Current effective Date certain Federal
State and location No. sale of flood map date assistance no longer
insurance in available in SFHAs
community
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Region III
Maryland:
Calvert County, 240011 July 5, 1973, Dec. 16, 2011......... Dec. 16, 2011.
Unincorporated Areas. Emerg; September
28, 1984, Reg;
December 16,
2011, Susp.
Chesapeake Beach, Town of, 240100 September 15, ......do*............. Do.
Calvert County. 1975, Emerg;
November 1,
1984, Reg;
December 16,
2011, Susp.
North Beach, City of, 240012 August 30, 1974, ......do.............. Do.
Calvert County. Emerg; September
28, 1984, Reg;
December 16,
2011, Susp.
Region IV
Mississippi: New Augusta, City 280131 September 27, ......do.............. Do.
of, Perry County. 1974, Emerg;
April 2, 1986,
Reg; December
16, 2011, Susp.
Region V
Illinois:
Carrier Mills, Village of, 170786 October 27, 1977, ......do.............. Do.
Saline County. Emerg; July 3,
1985, Reg;
December 16,
2011, Susp.
Galatia, Village of, Saline 170597 August 25, 1975, ......do.............. Do.
County. Emerg; June 3,
1986, Reg;
December 16,
2011, Susp.
Harrisburg, City of, Saline 170598 N/A, Emerg; May ......do.............. Do.
County. 12, 2008, Reg;
December 16,
2011, Susp.
Muddy, Village of, Saline 170599 July 10, 1975, ......do.............. Do.
County. Emerg; December
5, 1989, Reg;
December 16,
2011, Susp.
Saline County, 170988 N/A, Emerg; ......do.............. Do.
Unincorporated Areas. January 6, 2009,
Reg; December
16, 2011, Susp.
Mount Carmel, City of, 170672 June 25, 1975, ......do.............. Do.
Wabash County. Emerg; July 16,
1980, Reg;
December 16,
2011, Susp.
[[Page 78166]]
Michigan:
Allendale, Charter Township 260490 December 30, ......do.............. Do.
of, Ottawa County. 1977, Emerg;
July 5, 1982,
Reg; December
16, 2011, Susp.
Chester, Township of, 260829 May 23, 1990, ......do.............. Do.
Ottawa County. Emerg; November
20, 1991, Reg;
December 16,
2011, Susp.
Coopersville, City of, 260491 May 28, 1982, ......do.............. Do.
Ottawa County. Emerg; March 2,
1983, Reg;
December 16,
2011, Susp.
Crockery, Township of, 260981 December 17, ......do.............. Do.
Ottawa County. 1996, Emerg; N/
A, Reg; December
16, 2011, Susp.
Ferrysburg, City of, Ottawa 260184 April 30, 1973, ......do.............. Do.
County. Emerg; March 1,
1978, Reg;
December 16,
2011, Susp.
Grand Haven, City of, 260269 August 28, 1973, ......do.............. Do.
Ottawa County. Emerg; February
15, 1978, Reg;
December 16,
2011, Susp.
Grand Haven, Charter 260270 October 9, 1973, ......do.............. Do.
Township of, Ottawa County. Emerg; January
16, 1981, Reg;
December 16,
2011, Susp.
Holland, City of, Ottawa 260006 June 21, 1973, ......do.............. Do.
County. Emerg; November
15, 1978, Reg;
December 16,
2011, Susp.
Holland, Charter Township 260492 September 7, ......do.............. Do.
of, Ottawa County. 1976, Emerg;
December 1,
1983, Reg;
December 16,
2011, Susp.
Hudsonville, City of, 260493 March 31, 1982, ......do.............. Do.
Ottawa County. Emerg; December
4, 1984, Reg;
December 16,
2011, Susp.
Jamestown, Charter Township 261001 October 27, 1997, ......do.............. Do.
of, Ottawa County. Emerg; N/A, Reg;
December 16,
2011, Susp.
Park, Township of, Ottawa 260185 August 16, 1974, ......do.............. Do.
County. Emerg; May 15,
1978, Reg;
December 16,
2011, Susp.
Port Sheldon, Township of, 260278 August 16, 1974, ......do.............. Do.
Ottawa County. Emerg; May 15,
1978, Reg;
December 16,
2011, Susp.
Spring Lake, Township of, 260281 September 4, ......do.............. Do.
Ottawa County. 1973, Emerg;
February 15,
1978, Reg;
December 16,
2011, Susp.
Spring Lake, Village of, 260282 June 1, 1973, ......do.............. Do.
Ottawa County. Emerg; June 1,
1978, Reg;
December 16,
2011, Susp.
Wright, Township of, Ottawa 260495 N/A, Emerg; ......do.............. Do.
County. November 12,
1997, Reg;
December 16,
2011, Susp.
Zeeland, Charter Township 260932 May 12, 1995, ......do.............. Do.
of, Ottawa County. Emerg; N/A, Reg;
December 16,
2011, Susp.
Zeeland, City of, Ottawa 260983 January 17, 1997, ......do.............. Do.
County. Emerg; N/A, Reg;
December 16,
2011, Susp.
Wisconsin:
Bayfield, City of, Bayfield 550017 September 2, ......do.............. Do.
County. 1976, Emerg;
September 18,
1985, Reg;
December 16,
2011, Susp.
Bayfield County, 550539 June 6, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
1, 1988, Reg;
December 16,
2011, Susp.
Washburn, City of, Bayfield 550019 April 30, 1975, ......do.............. Do.
County. Emerg; November
2, 1995, Reg;
December 16,
2011, Susp.
Crandon, City of, Forest 550143 June 23, 1975, ......do.............. Do.
County. Emerg; January
2, 1987, Reg;
December 16,
2011, Susp.
Forest County, 550603 May 24, 2001, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
December 16,
2011, Susp.
Region VI
Texas:
Aurora, City of, Wise 481561 N/A, Emerg; May ......do.............. Do.
County. 4, 2010, Reg;
December 16,
2011, Susp.
Boyd, City of, Wise County. 480676 May 18, 1977, ......do.............. Do.
Emerg; September
1, 1987, Reg;
December 16,
2011, Susp.
Chico, City of, Wise County 481053 March 7, 1983, ......do.............. Do.
Emerg; September
1, 1987, Reg;
December 16,
2011, Susp.
Decatur, City of, Wise 480678 March 14, 1975, ......do.............. Do.
County. Emerg; August
16, 1977, Reg;
December 16,
2011, Susp.
Lake Bridgeport, City of, 481616 N/A, Emerg; ......do.............. Do.
Wise County. October 9, 1990,
Reg; December
16, 2011, Susp.
Rhome, City of, Wise County 481054 N/A, Emerg; March ......do.............. Do.
31, 2010, Reg;
December 16,
2011, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 78167]]
Dated: December 6, 2011.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2011-32335 Filed 12-15-11; 8:45 am]
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