[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]
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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-8197]
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
[[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:
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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.
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*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]
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