2012-10001. Suspension of Community Eligibility

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

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, [phone].

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]

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.

§ 64.6

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region II
New Jersey:
Alexandria, Township of, Hunterdon County	340230	June 28, 1973, Emerg; April 1, 1981, Reg; May 2, 2012, Susp.	May 2, 2012	May 2, 2012.
Delaware, Township of, Hunterdon County	340506	October 21, 1974, Emerg; January 20, 1982, Reg; May 2, 2012, Susp.	......do*	Do.
Frenchtown, Borough of, Hunterdon County	340234	January 15, 1974, Emerg; March 16, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Holland, Township of, Hunterdon County	340509	June 24, 1975, Emerg; March 16, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Kingwood, Township of, Hunterdon County	340499	November 21, 1973, Emerg; November 4, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Lambertville, City of, Hunterdon County	340237	September 4, 1973, Emerg; April 1, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Milford, Borough of, Hunterdon County	340239	August 6, 1975, Emerg; November 18, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Stockton, Borough of, Hunterdon County	345322	April 23, 1971, Emerg; June 16, 1972, Reg; May 2, 2012, Susp.	......do	Do.
West Amwell, Township of, Hunterdon County	340243	November 17, 1972, Emerg; April 1, 1981, Reg; May 2, 2012, Susp.	......do	Do.
New York:
Amenia, Town of, Dutchess County	361332	February 4, 1976, Emerg; September 24, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Beacon, City of, Dutchess County	360217	May 8, 1975, Emerg; March 1, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Beekman, Town of, Dutchess County	361333	February 5, 1976, Emerg; September 5, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Clinton, Town of, Dutchess County	361334	March 1, 1976, Emerg; July 5, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Dover, Town of, Dutchess County	361335	March 22, 1976, Emerg; August 15, 1984, Reg; May 2, 2012, Susp.	......do	Do.
East Fishkill, Town of, Dutchess County	361336	July 24, 1975, Emerg; June 15, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Fishkill, Town of, Dutchess County	361337	September 19, 1975, Emerg; June 1, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Fishkill, Village of, Dutchess County	360218	August 20, 1975, Emerg; March 15, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Hyde Park, Town of, Dutchess County	361338	May 6, 1976, Emerg; June 15, 1984, Reg; May 2, 2012, Susp.	......do	Do.
LaGrange, Town of, Dutchess County	361011	February 26, 1975, Emerg; September 28, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Milan, Town of, Dutchess County	361339	November 6, 1975, Emerg; August 10, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Millbrook, Village of, Dutchess County	360219	March 25, 1975, Emerg; February 27, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Millerton, Village of, Dutchess County	360220	June 24, 1975, Emerg; January 3, 1985, Reg; May 2, 2012, Susp.	......do	Do.
North East, Town of, Dutchess County	361340	August 8, 1975, Emerg; September 5, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Pawling, Town of, Dutchess County	361341	June 1, 1976, Emerg; January 3, 1985, Reg; May 2, 2012, Susp.	......do	Do.
Pawling, Village of, Dutchess County	361517	March 4, 1976, Emerg; August 1, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Pine Plains, Town of, Dutchess County	361141	June 16, 1976, Emerg; October 5, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Pleasant Valley, Town of, Dutchess County	360221	July 2, 1975, Emerg; January 16, 1980, Reg; May 2, 2012, Susp.	......do	Do.
Poughkeepsie, City of, Dutchess County	360222	May 1, 1975, Emerg; January 5, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Poughkeepsie, Town of, Dutchess County	361142	October 21, 1974, Emerg; November 15, 1978, Reg; May 2, 2012, Susp.	......do	Do.
Red Hook, Town of, Dutchess County	361143	May 19, 1975, Emerg; October 16, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Red Hook, Village of, Dutchess County	361614	May 10, 1985, Emerg; May 10, 1985, Reg; May 2, 2012, Susp.	......do	Do.
Rhinebeck, Town of, Dutchess County	361144	September 12, 1975, Emerg; September 5, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Rhinebeck, Village of, Dutchess County	361999	February 9, 1984, Emerg; February 1, 1985, Reg; May 2, 2012, Susp.	......do	Do.
Stanford, Town of, Dutchess County	361145	March 19, 1976, Emerg; January 21, 1983, Reg; May 2, 2012, Susp.	......do	Do.
Tivoli, Village of, Dutchess County	361507	March 18, 1976, Emerg; August 1, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Union Vale, Town of, Dutchess County	361146	July 28, 1975, Emerg; September 2, 1988, Reg; May 2, 2012, Susp.	......do	Do.
Wappinger, Town of, Dutchess County	361387	February 12, 1975, Emerg; June 15, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Wappinger Falls, Village of, Dutchess County	360223	April 18, 1975, Emerg; September 1, 1978, Reg; May 2, 2012, Susp.	......do	Do.
Washington, Town of, Dutchess County	361147	December 11, 1975, Emerg; August 17, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Region IV
Florida:
Bradford County, Unincorporated Areas	120015	May 23, 1975, Emerg; November 15, 1989, Reg; May 2, 2012, Susp.	......do	Do.
Brooker, Town of, Bradford County	120016	N/A, Emerg; April 16, 1990, Reg; May 2, 2012, Susp.	......do	Do.
Hampton, City of, Bradford County	120627	N/A, Emerg; January 15, 1999, Reg; May 2, 2012, Susp.	......do	Do.
Lawtey, City of, Bradford County	120628	N/A, Emerg; March 19, 1998, Reg; May 2, 2012, Susp.	......do	Do.
Starke, City of, Bradford County	120017	June 27, 1975, Emerg; June 18, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Mississippi:
Arcola, Town of, Washington County	280178	May 14, 1973, Emerg; August 1, 1986, Reg; May 2, 2012, Susp.	......do	Do.
Greenville, City of, Washington County	280179	April 10, 1973, Emerg; August 1, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Hollandale, City of, Washington County	280180	May 4, 1973, Emerg; January 14, 1983, Reg; May 2, 2012, Susp.	......do	Do.
Leland, City of, Washington County	280181	May 2, 1973, Emerg; February 15, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Washington County, Unincorporated Areas	280177	May 4, 1973, Emerg; September 3, 1980, Reg; May 2, 2012, Susp.	......do	Do.
Region V
Ohio:
Lisbon, Village of, Columbiana County	390085	February 8, 1977, Emerg; September 30, 1988, Reg; May 2, 2012, Susp.	......do	Do.
Wisconsin:
Burlington, City of, Racine County	550348	July 18, 1973, Emerg; May 15, 1978, Reg; May 2, 2012, Susp.	......do	Do.
Caledonia, Village of, Racine County	550628	N/A, Emerg; December 5, 2008, Reg; May 2, 2012, Susp.	......do	Do.
Mount Pleasant, Village of, Racine County	550322	N/A, Emerg; April 28, 2008, Reg; May 2, 2012, Susp.	......do	Do.
Racine, City of, Racine County	555575	March 26, 1971, Emerg; June 1, 1973, Reg; May 2, 2012, Susp.	......do	Do.
Racine County, Unincorporated Areas	550347	July 5, 1973, Emerg; April 1, 1982, Reg; May 2, 2012, Susp.	......do	Do.
Rochester, Village of, Racine County	550352	March 21, 1975, Emerg; January 2, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Sturtevant, Village of, Racine County	550353	N/A, Emerg; April 28, 2008, Reg; May 2, 2012, Susp.	......do	Do.
Union Grove, Village of, Racine County	550586	March 15, 1979, Emerg; June 17, 1986, Reg; May 2, 2012, Susp.	......do	Do.
Waterford, Village of, Racine County	550354	June 10, 1975, Emerg; January 2, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Wind Point, Village of, Racine County	550355	March 18, 1975, Emerg; September 30, 1980, Reg; May 2, 2012, Susp.	......do	Do.
Region VI
Arkansas:
Bald Knob, City of, White County	050222	September 19, 1975, Emerg; April 3, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Beebe, City of, White County	050223	October 9, 1975, Emerg; September 1, 1981, Reg; May 2, 2012, Susp.	......do	Do.
Biggers, Town of, Randolph County	050388	November 20, 1975, Emerg; August 24, 1982, Reg; May 2, 2012, Susp.	......do	Do.
Bradford, City of, White County	050131	January 14, 1983, Emerg; October 15, 1985, Reg; May 2, 2012, Susp.	......do	Do.
Georgetown, Town of, White County	050605	February 21, 2001, Emerg; May 13, 2004, Reg; May 2, 2012, Susp.	......do	Do.
Higginson, Town of, White County	050225	October 18, 2007, Emerg; December 1, 2007, Reg; May 2, 2012, Susp.	......do	Do.
Judsonia, City of, White County	050226	May 9, 1975, Emerg; September 1, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Kensett, City of, White County	050227	January 19, 1976, Emerg; August 1, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Maynard, Town of, Randolph County	050265	August 7, 1975, Emerg; September 21, 1982, Reg; May 2, 2012, Susp.	......do	Do.
McRae, City of, White County	050228	August 20, 1975, Emerg; June 25, 1976, Reg; May 2, 2012, Susp.	......do	Do.
Pocahontas, City of, Randolph County	050183	September 25, 1974, Emerg; January 20, 1982, Reg; May 2, 2012, Susp.	......do	Do.
Randolph County, Unincorporated Areas	050460	March 10, 1983, Emerg; April 1, 1988, Reg; May 2, 2012, Susp.	......do	Do.
Reyno, Town of, Randolph County	050283	February 26, 1976, Emerg; August 24, 1982, Reg; May 2, 2012, Susp.	......do	Do.
Searcy, City of, White County	050229	May 6, 1975, Emerg; February 4, 1981, Reg; May 2, 2012, Susp.	......do	Do.
White County, Unincorporated Areas	050467	October 7, 1997, Emerg; March 1, 2000, Reg; May 2, 2012, Susp.	......do	Do.
Texas:
Llano County, Unincorporated Areas	481234	January 9, 1980, Emerg; September 18, 1991, Reg; May 2, 2012, Susp.	......do	Do.
Sunrise Beach Village, City of, Llano County	481531	April 16, 1990, Emerg; September 27, 1991, Reg; May 2, 2012, Susp.	......do	Do.
Region VII
Kansas:
Goddard, City of, Sedgwick County	200500	November 30, 1977, Emerg; June 10, 1980, Reg; May 2, 2012, Susp.	......do	Do.
Maize, City of, Sedgwick County	200520	N/A, Emerg; December 24, 2002, Reg; May 2, 2012, Susp.	......do	Do.
Sedgwick County, Unincorporated Areas	200321	July 17, 1975, Emerg; June 3, 1986, Reg; May 2, 2012, Susp.	......do	Do.
Wichita, City of, Sedgwick County	200328	March 24, 1972, Emerg; May 15, 1986, Reg; May 2, 2012, Susp.	......do	Do.
Region VIII
Colorado:
Fort Collins, City of, Larimer County	080102	August 14, 1974, Emerg; July 16, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Larimer County, Unincorporated Areas	080101	July 2, 1974, Emerg; April 2, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Utah:
Carbon County, Unincorporated Areas	490032	November 27, 1974, Emerg; November 15, 1979, Reg; May 2, 2012, Susp.	......do	Do.
East Carbon, City of, Carbon County	490225	March 7, 1975, Emerg; May 1, 1986, Reg; May 2, 2012, Susp.	......do	Do.
Ephraim, City of, Sanpete County	490112	January 31, 1975, Emerg; April 3, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Fairview, City of, Sanpete County	490113	June 12, 1975, Emerg; February 1, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Gunnison, City of, Sanpete County	490115	August 27, 1975, Emerg; January 30, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Helper, City of, Carbon County	490034	June 10, 1975, Emerg; March 1, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Manti, City of, Sanpete County	490116	July 10, 1975, Emerg; August 4, 1987, Reg; May 2, 2012, Susp.	......do	Do.
Mayfield, Town of, Sanpete County	490117	July 15, 2010, Emerg; N/A, Reg; May 2, 2012, Susp.	......do	Do.
Moroni, City of, Sanpete County	490118	July 9, 1975, Emerg; August 5, 1980, Reg; May 2, 2012, Susp.	......do	Do.
Mount Pleasant, City of, Sanpete County	490213	February 25, 1976, Emerg; September 24, 1984, Reg; May 2, 2012, Susp.	......do	Do.
Price, City of, Carbon County	490036	April 26, 1974, Emerg; March 1, 1979, Reg; May 2, 2012, Susp.	......do	Do.
Sanpete County, Unincorporated Areas	490111	March 2, 1976, Emerg; June 1, 1986, Reg; May 2, 2012, Susp.	......do	Do.
Spring City, City of, Sanpete County	490119	May 7, 1976, Emerg; August 5, 1980, Reg; May 2, 2012, Susp.	......do	Do.
Sunnyside, City of, Carbon County	490205	June 16, 1975, Emerg; September 29, 1978, Reg; May 2, 2012, Susp.	......do	Do.
Wellington, City of, Carbon County	490037	February 9, 1977, Emerg; February 2, 1984, Reg; May 2, 2012, Susp.	......do	Do.
* 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.