Suspension of Community Eligibility

Federal Register, Volume 77 Issue 81 (Thursday, April 26, 2012)

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:

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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:

    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

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