2011-24288. 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, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, [phone].

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]

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:
Allamuchy, Township of, Warren County	340480	May 13, 1975, Emerg; August 15, 1983, Reg; September 29, 2011, Susp.	September 29, 2011	September 29, 2011.
Alpha, Borough of, Warren County	340576	October 2, 1975, Emerg; December 23, 1977, Reg; September 29, 2011, Susp.	......do	Do.
Andover, Borough of, Sussex County	340542	August 27, 1975, Emerg; March 4, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Belvidere, Town of, Warren County	340481	November 12, 1974, Emerg; December 18, 1979, Reg; September 29, 2011, Susp.	......do	Do.
Blairstown, Township of, Warren County	340482	July 3, 1975, Emerg; September 1, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Branchville, Borough of, Sussex County	340448	June 24, 1975, Emerg; March 11, 1983, Reg; September 29, 2011, Susp.	......* do	Do.
Frankford, Township of, Sussex County	340526	October 1, 1975, Emerg; March 11, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Franklin, Borough of, Sussex County	340449	July 7, 1975, Emerg; March 15, 1984, Reg; September 29, 2011, Susp.	......do	Do.
Frelinghuysen, Township of, Warren County	340564	September 30, 1975, Emerg; February 4, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Greenwich, Township of, Warren County	340483	May 19, 1975, Emerg; August 2, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Hackettstown, Town of, Warren County	340484	October 1, 1975, Emerg; September 1, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Hamburg, Borough of, Sussex County	340450	August 29, 1975, Emerg; March 15, 1984, Reg; September 29, 2011, Susp.	......do	Do.
Hampton, Township of, Sussex County	340531	August 4, 1975, Emerg; October 7, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Hardwick, Township of, Warren County	340528	April 7, 1976, Emerg; January 21, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Hopatcong, Borough of, Sussex County	340452	December 10, 1974, Emerg; April 1, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Hope, Township of, Warren County	340486	October 16, 1975, Emerg; March 4, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Knowlton, Township of, Warren County	340488	July 11, 1975, Emerg; January 6, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Liberty, Township of, Warren County	340489	January 21, 1976, Emerg; March 18, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Mansfield, Township of, Warren County	340491	November 26, 1974, Emerg; September 15, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Montague, Township of, Sussex County	340559	September 23, 1976, Emerg; March 4, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Newton, Town of, Sussex County	340453	March 11, 1975, Emerg; April 18, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Ogdensburg, Borough of, Sussex County	340454	July 16, 1975, Emerg; September 5, 1984, Reg; September 29, 2011, Susp.	......do	Do.
Oxford, Township of, Warren County	340492	July 8, 1975, Emerg; March 11, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Pohatcong, Township of, Warren County	340494	August 19, 1974, Emerg; September 30, 1981, Reg; September 29, 2011, Susp.	......do	Do.
Sandyston, Township of, Sussex County	340455	April 11, 1985, Emerg; December 17, 1991, Reg; September 29, 2011, Susp.	......do	Do.
Sparta, Township of, Sussex County	340535	July 29, 1975, Emerg; October 16, 1984, Reg; September 29, 2011, Susp	......do	Do.
Stillwater, Township of, Sussex County	340560	August 4, 1975, Emerg; February 25, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Sussex, Borough of, Sussex County	340457	July 15, 1975, Emerg; February 2, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Vernon, Township of, Sussex County	340561	July 29, 1975, Emerg; February 15, 1984, Reg; September 29, 2011, Susp.	......do	Do.
Walpack, Township of, Sussex County	340458	August 16, 1977, Emerg; March 18, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Wantage, Township of, Sussex County	340562	July 28, 1975, Emerg; February 15, 1984, Reg; September 29, 2011, Susp.	......do	Do.
Washington, Borough of, Warren County	340495	June 24, 1975, Emerg; August 16, 1982, Reg; September 29, 2011, Susp.	......do	Do.
White, Township of, Warren County	340497	May 1, 1973, Emerg; May 15, 1984, Reg; September 29, 2011, Susp.	......do	Do.
Region IV
Alabama:
Collinsville, Town of, DeKalb County	010066	October 24, 1975, Emerg; April 15, 1980, Reg; September 29, 2011, Susp.	......do	Do.
DeKalb County, Unincorporated Areas	010320	July 17, 2003, Emerg; February 20, 2008, Reg; September 29, 2011, Susp.	......do	Do.
Fort Payne, City of, DeKalb County	010067	July 17, 1975, Emerg; May 1, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Fyffe, Town of, DeKalb County	010355	November 2, 1979, Emerg; September 29, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Hammondville, Town of, DeKalb County	010388	N/A, Emerg; October 14, 2009, Reg; September 29, 2011, Susp.	......do	Do.
Henagar, City of, DeKalb County	010357	June 6, 2005, Emerg; February 20, 2008, Reg; September 29, 2011, Susp.	......do	Do.
Ider, Town of, DeKalb County	010389	N/A, Emerg; February 2, 2011, Reg; September 29, 2011, Susp.	......do	Do.
Powell, Town of, DeKalb County	010398	June 6, 2005, Emerg; February 20, 2008, Reg; September 29, 2011, Susp.	......do	Do.
Rainsville, City of, DeKalb County	010368	July 16, 1975, Emerg; May 1, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Sylvania, Town of, DeKalb County	010364	September 4, 2005, Emerg; February 20, 2008, Reg; September 29, 2011, Susp.	......do	Do.
Valley Head, Town of, DeKalb County	010068	August 7, 1975, Emerg; April 15, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Florida:
DeBary, City of, Volusia County	120672	May 14, 1971, Emerg; November 23, 1973, Reg; September 29, 2011, Susp.	......do	Do.
DeLand, City of, Volusia County	120307	February 19, 1975, Emerg; December 22, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Deltona, City of, Volusia County	120677	N/A, Emerg; January 22, 1998, Reg; September 29, 2011, Susp.	......do	Do.
Lake Helen, City of, Volusia County	120674	N/A, Emerg; May 19, 2005, Reg; September 29, 2011, Susp.	......do	Do.
Orange City, City of, Volusia County	120633	June 1, 1990, Emerg; September 2, 1994, Reg; September 29, 2011, Susp.	......do	Do.
Volusia County, Unincorporated Areas	125155	May 14, 1971, Emerg; November 23, 1973, Reg; September 29, 2011, Susp.	......do	Do.
South Carolina:
Anderson, City of, Anderson County	450014	November 2, 1973, Emerg; December 16, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Anderson County, Unincorporated Areas	450013	July 2, 1975, Emerg; January 2, 1981, Reg; September 29, 2011, Susp.	......do	Do.
Belton, City of, Anderson County	450015	July 24, 1975, Emerg; May 1, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Iva, Town of, Anderson County	450017	August 6, 1975, Emerg; June 17, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Williamston, Town of, Anderson County	450020	July 18, 1975, Emerg; March 4, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Region V
Michigan:
Burns, Township of, Shiawassee County	260762	July 23, 1991, Emerg; December 19, 1996, Reg; September 29, 2011, Susp.	......do	Do.
Byron, Village of, Shiawassee County	260601	May 23, 1990, Emerg; February 1, 1991, Reg; September 29, 2011, Susp.	......do	Do.
Caledonia, Charter Township of, Shiawassee County	260300	July 3, 1974, Emerg; May 17, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Corunna, City of, Shiawassee County	260602	December 24, 1975, Emerg; January 17, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Hazelton, Township of, Shiawassee County	260925	N/A, Emerg; April 2, 1998, Reg; September 29, 2011, Susp.	......do	Do.
New Haven, Township of, Shiawassee County	260521	November 13, 1986, Emerg; April 1, 1988, Reg; September 29, 2011, Susp.	......do	Do.
Owosso, Charter Township of, Shiawassee County	260809	October 22, 1987, Emerg; October 20, 1999, Reg; September 29, 2011, Susp.	......do	Do.
Owosso, City of, Shiawassee County	260596	May 23, 1975, Emerg; March 1, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Rush, Township of, Shiawassee County	260522	January 3, 1979, Emerg; February 1, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Shiawassee, Township of, Shiawassee County	260523	September 10, 1981, Emerg; July 3, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Vernon, Village of, Shiawassee County	260524	May 28, 1982, Emerg; May 17, 1988, Reg; September 29, 2011, Susp.	......do	Do.
Ohio:
Alliance, City of, Stark County	390508	July 31, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Canal Fulton, City of, Stark County	390511	June 23, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Canton, City of, Stark County	390512	April 17, 1975, Emerg; January 6, 1983, Reg; September 29, 2011, Susp.	......do	Do.
East Canton, Village of, Stark County	390513	July 16, 1976, Emerg; February 16, 1979, Reg; September 29, 2011, Susp.	......do	Do.
East Sparta, Village of, Stark County	390655	June 30, 1975, Emerg; May 1, 1981, Reg; September 29, 2011, Susp.	......do	Do.
Minerva, Village of, Stark County	390518	May 12, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Stark County, Unincorporated Areas	390780	March 2, 1977, Emerg; September 1, 1983, Reg; September 29, 2011, Susp.	......do	Do.
Waynesburg, Village of, Stark County	390667	April 22, 1975, Emerg; July 5, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Region VII
Iowa:
Bronson, City of, Woodbury County	190287	September 4, 1975, Emerg; September 1, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Cushing, City of, Woodbury County	190289	April 28, 1975, Emerg; September 18, 1985, Reg; September 29, 2011, Susp.	......do	Do.
Hornick, City of, Woodbury County	190291	July 8, 1975, Emerg; September 27, 1985, Reg; September 29, 2011, Susp.	......do	Do.
Lawton, City of, Woodbury County	190292	August 8, 1975, Emerg; September 1, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Moville, City of, Woodbury County	190293	February 23, 1976, Emerg; September 1, 1986, Reg; September 29, 2011, Susp.	......do	Do.
Salix, City of, Woodbury County	190296	November 3, 1975, Emerg; April 25, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Sioux City, City of, Woodbury County	190298	May 14, 1971, Emerg; August 1, 1979, Reg; September 29, 2011, Susp.	......do	Do.
Sloan, City of, Woodbury County	190299	August 12, 1975, Emerg; June 10, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Woodbury County, Unincorporated Areas	190536	October 29, 1974, Emerg; June 17, 1991, Reg; September 29, 2011, Susp.	......do	Do.
Winnebago Indian Tribe, Woodbury County	190984	August 6, 1996, Emerg; January 6, 2010, Reg; September 29, 2011, Susp.	......do	Do.
Kansas:
Shawnee County, Unincorporated Areas	200331	June 23, 1978, Emerg; June 1, 1982, Reg; September 29, 2011, Susp.	......do	Do.
Topeka, City of, Shawnee County	205187	August 7, 1970, Emerg; October 23, 1971, Reg; September 29, 2011, Susp.	......do	Do.
Missouri:
Allenville, Village of, Cape Girardeau County	290905	N/A, Emerg; April 17, 1998, Reg; September 29, 2011, Susp.	......do	Do.
Cape Girardeau, City of, Cape Girardeau County	290458	May 14, 1974, Emerg; November 5, 1980, Reg; September 29, 2011, Susp.	......do	Do.
Jackson, City of, Cape Girardeau County	295265	September 10, 1971, Emerg; May 4, 1973, Reg; September 29, 2011, Susp.	......do	Do.
Whitewater, Village of, Cape Girardeau County	290903	N/A, Emerg; April 2, 1998, Reg; September 29, 2011, Susp.	......do	Do.
*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.