[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Rules and Regulations]
[Pages 24858-24863]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10001]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8227]
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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[[Page 24859]]
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, Federal Insurance and
Mitigation Administration, 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 measures 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 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 to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the suspension of such
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 procedures 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,
Section 1315, 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:
Alexandria, Township of, 340230 June 28, 1973, May 2, 2012........... May 2, 2012.
Hunterdon County. Emerg; April 1,
1981, Reg; May 2,
2012, Susp.
[[Page 24860]]
Delaware, Township of, 340506 October 21, 1974, ......do*............. Do.
Hunterdon County. Emerg; January
20, 1982, Reg;
May 2, 2012,
Susp.
Frenchtown, Borough of, 340234 January 15, 1974, ......do.............. Do.
Hunterdon County. Emerg; March 16,
1981, Reg; May 2,
2012, Susp.
Holland, Township of, 340509 June 24, 1975, ......do.............. Do.
Hunterdon County. Emerg; March 16,
1981, Reg; May 2,
2012, Susp.
Kingwood, Township of, 340499 November 21, 1973, ......do.............. Do.
Hunterdon County. Emerg; November
4, 1981, Reg; May
2, 2012, Susp.
Lambertville, City of, 340237 September 4, 1973, ......do.............. Do.
Hunterdon County. Emerg; April 1,
1981, Reg; May 2,
2012, Susp.
Milford, Borough of, 340239 August 6, 1975, ......do.............. Do.
Hunterdon County. Emerg; November
18, 1981, Reg;
May 2, 2012,
Susp.
Stockton, Borough of, 345322 April 23, 1971, ......do.............. Do.
Hunterdon County. Emerg; June 16,
1972, Reg; May 2,
2012, Susp.
West Amwell, Township of, 340243 November 17, 1972, ......do.............. Do.
Hunterdon County. Emerg; April 1,
1981, Reg; May 2,
2012, Susp.
New York:
Amenia, Town of, Dutchess 361332 February 4, 1976, ......do.............. Do.
County. Emerg; September
24, 1984, Reg;
May 2, 2012,
Susp.
Beacon, City of, Dutchess 360217 May 8, 1975, ......do.............. Do.
County. Emerg; March 1,
1984, Reg; May 2,
2012, Susp.
Beekman, Town of, Dutchess 361333 February 5, 1976, ......do.............. Do.
County. Emerg; September
5, 1984, Reg; May
2, 2012, Susp.
Clinton, Town of, Dutchess 361334 March 1, 1976, ......do.............. Do.
County. Emerg; July 5,
1984, Reg; May 2,
2012, Susp.
Dover, Town of, Dutchess 361335 March 22, 1976, ......do.............. Do.
County. Emerg; August 15,
1984, Reg; May 2,
2012, Susp.
East Fishkill, Town of, 361336 July 24, 1975, ......do.............. Do.
Dutchess County. Emerg; June 15,
1984, Reg; May 2,
2012, Susp.
Fishkill, Town of, 361337 September 19, ......do.............. Do.
Dutchess County. 1975, Emerg; June
1, 1984, Reg; May
2, 2012, Susp.
Fishkill, Village of, 360218 August 20, 1975, ......do.............. Do.
Dutchess County. Emerg; March 15,
1984, Reg; May 2,
2012, Susp.
Hyde Park, Town of, 361338 May 6, 1976, ......do.............. Do.
Dutchess County. Emerg; June 15,
1984, Reg; May 2,
2012, Susp.
LaGrange, Town of, 361011 February 26, 1975, ......do.............. Do.
Dutchess County. Emerg; September
28, 1979, Reg;
May 2, 2012,
Susp.
Milan, Town of, Dutchess 361339 November 6, 1975, ......do.............. Do.
County. Emerg; August 10,
1979, Reg; May 2,
2012, Susp.
Millbrook, Village of, 360219 March 25, 1975, ......do.............. Do.
Dutchess County. Emerg; February
27, 1984, Reg;
May 2, 2012,
Susp.
Millerton, Village of, 360220 June 24, 1975, ......do.............. Do.
Dutchess County. Emerg; January 3,
1985, Reg; May 2,
2012, Susp.
North East, Town of, 361340 August 8, 1975, ......do.............. Do.
Dutchess County. Emerg; September
5, 1984, Reg; May
2, 2012, Susp.
Pawling, Town of, Dutchess 361341 June 1, 1976, ......do.............. Do.
County. Emerg; January 3,
1985, Reg; May 2,
2012, Susp.
Pawling, Village of, 361517 March 4, 1976, ......do.............. Do.
Dutchess County. Emerg; August 1,
1984, Reg; May 2,
2012, Susp.
Pine Plains, Town of, 361141 June 16, 1976, ......do.............. Do.
Dutchess County. Emerg; October 5,
1984, Reg; May 2,
2012, Susp.
Pleasant Valley, Town of, 360221 July 2, 1975, ......do.............. Do.
Dutchess County. Emerg; January
16, 1980, Reg;
May 2, 2012,
Susp.
Poughkeepsie, City of, 360222 May 1, 1975, ......do.............. Do.
Dutchess County. Emerg; January 5,
1984, Reg; May 2,
2012, Susp.
Poughkeepsie, Town of, 361142 October 21, 1974, ......do.............. Do.
Dutchess County. Emerg; November
15, 1978, Reg;
May 2, 2012,
Susp.
Red Hook, Town of, 361143 May 19, 1975, ......do.............. Do.
Dutchess County. Emerg; October
16, 1984, Reg;
May 2, 2012,
Susp.
Red Hook, Village of, 361614 May 10, 1985, ......do.............. Do.
Dutchess County. Emerg; May 10,
1985, Reg; May 2,
2012, Susp.
Rhinebeck, Town of, 361144 September 12, ......do.............. Do.
Dutchess County. 1975, Emerg;
September 5,
1984, Reg; May 2,
2012, Susp.
Rhinebeck, Village of, 361999 February 9, 1984, ......do.............. Do.
Dutchess County. Emerg; February
1, 1985, Reg; May
2, 2012, Susp.
Stanford, Town of, 361145 March 19, 1976, ......do.............. Do.
Dutchess County. Emerg; January
21, 1983, Reg;
May 2, 2012,
Susp.
Tivoli, Village of, 361507 March 18, 1976, ......do.............. Do.
Dutchess County. Emerg; August 1,
1984, Reg; May 2,
2012, Susp.
[[Page 24861]]
Union Vale, Town of, 361146 July 28, 1975, ......do.............. Do.
Dutchess County. Emerg; September
2, 1988, Reg; May
2, 2012, Susp.
Wappinger, Town of, 361387 February 12, 1975, ......do.............. Do.
Dutchess County. Emerg; June 15,
1979, Reg; May 2,
2012, Susp.
Wappinger Falls, Village 360223 April 18, 1975, ......do.............. Do.
of, Dutchess County. Emerg; September
1, 1978, Reg; May
2, 2012, Susp.
Washington, Town of, 361147 December 11, 1975, ......do.............. Do.
Dutchess County. Emerg; August 17,
1979, Reg; May 2,
2012, Susp.
Region IV
Florida:
Bradford County, 120015 May 23, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; November
15, 1989, Reg;
May 2, 2012,
Susp.
Brooker, Town of, Bradford 120016 N/A, Emerg; April ......do.............. Do.
County. 16, 1990, Reg;
May 2, 2012,
Susp.
Hampton, City of, Bradford 120627 N/A, Emerg; ......do.............. Do.
County. January 15, 1999,
Reg; May 2, 2012,
Susp.
Lawtey, City of, Bradford 120628 N/A, Emerg; March ......do.............. Do.
County. 19, 1998, Reg;
May 2, 2012,
Susp.
Starke, City of, Bradford 120017 June 27, 1975, ......do.............. Do.
County. Emerg; June 18,
1987, Reg; May 2,
2012, Susp.
Mississippi:
Arcola, Town of, 280178 May 14, 1973, ......do.............. Do.
Washington County. Emerg; August 1,
1986, Reg; May 2,
2012, Susp.
Greenville, City of, 280179 April 10, 1973, ......do.............. Do.
Washington County. Emerg; August 1,
1979, Reg; May 2,
2012, Susp.
Hollandale, City of, 280180 May 4, 1973, ......do.............. Do.
Washington County. Emerg; January
14, 1983, Reg;
May 2, 2012,
Susp.
Leland, City of, 280181 May 2, 1973, ......do.............. Do.
Washington County. Emerg; February
15, 1979, Reg;
May 2, 2012,
Susp.
Washington County, 280177 May 4, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; September
3, 1980, Reg; May
2, 2012, Susp.
Region V
Ohio:
Lisbon, Village of, 390085 February 8, 1977, ......do.............. Do.
Columbiana County. Emerg; September
30, 1988, Reg;
May 2, 2012,
Susp.
Wisconsin:
Burlington, City of, 550348 July 18, 1973, ......do.............. Do.
Racine County. Emerg; May 15,
1978, Reg; May 2,
2012, Susp.
Caledonia, Village of, 550628 N/A, Emerg; ......do.............. Do.
Racine County. December 5, 2008,
Reg; May 2, 2012,
Susp.
Mount Pleasant, Village 550322 N/A, Emerg; April ......do.............. Do.
of, Racine County. 28, 2008, Reg;
May 2, 2012,
Susp.
Racine, City of, Racine 555575 March 26, 1971, ......do.............. Do.
County. Emerg; June 1,
1973, Reg; May 2,
2012, Susp.
Racine County, 550347 July 5, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1982, Reg; May 2,
2012, Susp.
Rochester, Village of, 550352 March 21, 1975, ......do.............. Do.
Racine County. Emerg; January 2,
1981, Reg; May 2,
2012, Susp.
Sturtevant, Village of, 550353 N/A, Emerg; April ......do.............. Do.
Racine County. 28, 2008, Reg;
May 2, 2012,
Susp.
Union Grove, Village of, 550586 March 15, 1979, ......do.............. Do.
Racine County. Emerg; June 17,
1986, Reg; May 2,
2012, Susp.
Waterford, Village of, 550354 June 10, 1975, ......do.............. Do.
Racine County. Emerg; January 2,
1981, Reg; May 2,
2012, Susp.
Wind Point, Village of, 550355 March 18, 1975, ......do.............. Do.
Racine County. Emerg; September
30, 1980, Reg;
May 2, 2012,
Susp.
Region VI
Arkansas:
Bald Knob, City of, White 050222 September 19, ......do.............. Do.
County. 1975, Emerg;
April 3, 1987,
Reg; May 2, 2012,
Susp.
Beebe, City of, White 050223 October 9, 1975, ......do.............. Do.
County. Emerg; September
1, 1981, Reg; May
2, 2012, Susp.
Biggers, Town of, Randolph 050388 November 20, 1975, ......do.............. Do.
County. Emerg; August 24,
1982, Reg; May 2,
2012, Susp.
Bradford, City of, White 050131 January 14, 1983, ......do.............. Do.
County. Emerg; October
15, 1985, Reg;
May 2, 2012,
Susp.
[[Page 24862]]
Georgetown, Town of, White 050605 February 21, 2001, ......do.............. Do.
County. Emerg; May 13,
2004, Reg; May 2,
2012, Susp.
Higginson, Town of, White 050225 October 18, 2007, ......do.............. Do.
County. Emerg; December
1, 2007, Reg; May
2, 2012, Susp.
Judsonia, City of, White 050226 May 9, 1975, ......do.............. Do.
County. Emerg; September
1, 1987, Reg; May
2, 2012, Susp.
Kensett, City of, White 050227 January 19, 1976, ......do.............. Do.
County. Emerg; August 1,
1987, Reg; May 2,
2012, Susp.
Maynard, Town of, Randolph 050265 August 7, 1975, ......do.............. Do.
County. Emerg; September
21, 1982, Reg;
May 2, 2012,
Susp.
McRae, City of, White 050228 August 20, 1975, ......do.............. Do.
County. Emerg; June 25,
1976, Reg; May 2,
2012, Susp.
Pocahontas, City of, 050183 September 25, ......do.............. Do.
Randolph County. 1974, Emerg;
January 20, 1982,
Reg; May 2, 2012,
Susp.
Randolph County, 050460 March 10, 1983, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1988, Reg; May 2,
2012, Susp.
Reyno, Town of, Randolph 050283 February 26, 1976, ......do.............. Do.
County. Emerg; August 24,
1982, Reg; May 2,
2012, Susp.
Searcy, City of, White 050229 May 6, 1975, ......do.............. Do.
County. Emerg; February
4, 1981, Reg; May
2, 2012, Susp.
White County, 050467 October 7, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
2000, Reg; May 2,
2012, Susp.
Texas:
Llano County, 481234 January 9, 1980, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1991, Reg;
May 2, 2012,
Susp.
Sunrise Beach Village, 481531 April 16, 1990, ......do.............. Do.
City of, Llano County. Emerg; September
27, 1991, Reg;
May 2, 2012,
Susp.
Region VII
Kansas:
Goddard, City of, Sedgwick 200500 November 30, 1977, ......do.............. Do.
County. Emerg; June 10,
1980, Reg; May 2,
2012, Susp.
Maize, City of, Sedgwick 200520 N/A, Emerg; ......do.............. Do.
County. December 24,
2002, Reg; May 2,
2012, Susp.
Sedgwick County, 200321 July 17, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 3,
1986, Reg; May 2,
2012, Susp.
Wichita, City of, Sedgwick 200328 March 24, 1972, ......do.............. Do.
County. Emerg; May 15,
1986, Reg; May 2,
2012, Susp.
Region VIII
Colorado:
Fort Collins, City of, 080102 August 14, 1974, ......do.............. Do.
Larimer County. Emerg; July 16,
1979, Reg; May 2,
2012, Susp.
Larimer County, 080101 July 2, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; April 2,
1979, Reg; May 2,
2012, Susp.
Utah:
Carbon County, 490032 November 27, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; November
15, 1979, Reg;
May 2, 2012,
Susp.
East Carbon, City of, 490225 March 7, 1975, ......do.............. Do.
Carbon County. Emerg; May 1,
1986, Reg; May 2,
2012, Susp.
Ephraim, City of, Sanpete 490112 January 31, 1975, ......do.............. Do.
County. Emerg; April 3,
1987, Reg; May 2,
2012, Susp.
Fairview, City of, Sanpete 490113 June 12, 1975, ......do.............. Do.
County. Emerg; February
1, 1987, Reg; May
2, 2012, Susp.
Gunnison, City of, Sanpete 490115 August 27, 1975, ......do.............. Do.
County. Emerg; January
30, 1984, Reg;
May 2, 2012,
Susp.
Helper, City of, Carbon 490034 June 10, 1975, ......do.............. Do.
County. Emerg; March 1,
1979, Reg; May 2,
2012, Susp.
Manti, City of, Sanpete 490116 July 10, 1975, ......do.............. Do.
County. Emerg; August 4,
1987, Reg; May 2,
2012, Susp.
Mayfield, Town of, Sanpete 490117 July 15, 2010, ......do.............. Do.
County. Emerg; N/A, Reg;
May 2, 2012,
Susp.
Moroni, City of, Sanpete 490118 July 9, 1975, ......do.............. Do.
County. Emerg; August 5,
1980, Reg; May 2,
2012, Susp.
Mount Pleasant, City of, 490213 February 25, 1976, ......do.............. Do.
Sanpete County. Emerg; September
24, 1984, Reg;
May 2, 2012,
Susp.
Price, City of, Carbon 490036 April 26, 1974, ......do.............. Do.
County. Emerg; March 1,
1979, Reg; May 2,
2012, Susp.
Sanpete County, 490111 March 2, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1986, Reg; May 2,
2012, Susp.
[[Page 24863]]
Spring City, City of, 490119 May 7, 1976, ......do.............. Do.
Sanpete County. Emerg; August 5,
1980, Reg; May 2,
2012, Susp.
Sunnyside, City of, Carbon 490205 June 16, 1975, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
May 2, 2012,
Susp.
Wellington, City of, 490037 February 9, 1977, ......do.............. Do.
Carbon County. Emerg; February
2, 1984, Reg; May
2, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: April 12, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-10001 Filed 4-25-12; 8:45 am]
BILLING CODE 9110-12-P