[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Rules and Regulations]
[Pages 78164-78167]
From the Federal Register Online via the Government Publishing 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]
BILLING CODE 9110-12-P