2011-32335. 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 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 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]

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 III
Maryland:
Calvert County, Unincorporated Areas	240011	July 5, 1973, Emerg; September 28, 1984, Reg; December 16, 2011, Susp	Dec. 16, 2011	Dec. 16, 2011.
Chesapeake Beach, Town of, Calvert County	240100	September 15, 1975, Emerg; November 1, 1984, Reg; December 16, 2011, Susp	......do*	Do.
North Beach, City of, Calvert County	240012	August 30, 1974, Emerg; September 28, 1984, Reg; December 16, 2011, Susp	......do	Do.
Region IV
Mississippi: New Augusta, City of, Perry County	280131	September 27, 1974, Emerg; April 2, 1986, Reg; December 16, 2011, Susp	......do	Do.
Region V
Illinois:
Carrier Mills, Village of, Saline County	170786	October 27, 1977, Emerg; July 3, 1985, Reg; December 16, 2011, Susp.	......do	Do.
Galatia, Village of, Saline County	170597	August 25, 1975, Emerg; June 3, 1986, Reg; December 16, 2011, Susp.	......do	Do.
Harrisburg, City of, Saline County	170598	N/A, Emerg; May 12, 2008, Reg; December 16, 2011, Susp.	......do	Do.
Muddy, Village of, Saline County	170599	July 10, 1975, Emerg; December 5, 1989, Reg; December 16, 2011, Susp.	......do	Do.
Saline County, Unincorporated Areas	170988	N/A, Emerg; January 6, 2009, Reg; December 16, 2011, Susp.	......do	Do.
Mount Carmel, City of, Wabash County	170672	June 25, 1975, Emerg; July 16, 1980, Reg; December 16, 2011, Susp.	......do	Do.
Michigan:
Allendale, Charter Township of, Ottawa County	260490	December 30, 1977, Emerg; July 5, 1982, Reg; December 16, 2011, Susp.	......do	Do.
Chester, Township of, Ottawa County	260829	May 23, 1990, Emerg; November 20, 1991, Reg; December 16, 2011, Susp.	......do	Do.
Coopersville, City of, Ottawa County	260491	May 28, 1982, Emerg; March 2, 1983, Reg; December 16, 2011, Susp.	......do	Do.
Crockery, Township of, Ottawa County	260981	December 17, 1996, Emerg; N/A, Reg; December 16, 2011, Susp.	......do	Do.
Ferrysburg, City of, Ottawa County	260184	April 30, 1973, Emerg; March 1, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Grand Haven, City of, Ottawa County	260269	August 28, 1973, Emerg; February 15, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Grand Haven, Charter Township of, Ottawa County	260270	October 9, 1973, Emerg; January 16, 1981, Reg; December 16, 2011, Susp.	......do	Do.
Holland, City of, Ottawa County	260006	June 21, 1973, Emerg; November 15, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Holland, Charter Township of, Ottawa County	260492	September 7, 1976, Emerg; December 1, 1983, Reg; December 16, 2011, Susp.	......do	Do.
Hudsonville, City of, Ottawa County	260493	March 31, 1982, Emerg; December 4, 1984, Reg; December 16, 2011, Susp.	......do	Do.
Jamestown, Charter Township of, Ottawa County	261001	October 27, 1997, Emerg; N/A, Reg; December 16, 2011, Susp.	......do	Do.
Park, Township of, Ottawa County	260185	August 16, 1974, Emerg; May 15, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Port Sheldon, Township of, Ottawa County	260278	August 16, 1974, Emerg; May 15, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Spring Lake, Township of, Ottawa County	260281	September 4, 1973, Emerg; February 15, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Spring Lake, Village of, Ottawa County	260282	June 1, 1973, Emerg; June 1, 1978, Reg; December 16, 2011, Susp.	......do	Do.
Wright, Township of, Ottawa County	260495	N/A, Emerg; November 12, 1997, Reg; December 16, 2011, Susp.	......do	Do.
Zeeland, Charter Township of, Ottawa County	260932	May 12, 1995, Emerg; N/A, Reg; December 16, 2011, Susp.	......do	Do.
Zeeland, City of, Ottawa County	260983	January 17, 1997, Emerg; N/A, Reg; December 16, 2011, Susp.	......do	Do.
Wisconsin:
Bayfield, City of, Bayfield County	550017	September 2, 1976, Emerg; September 18, 1985, Reg; December 16, 2011, Susp.	......do	Do.
Bayfield County, Unincorporated Areas	550539	June 6, 1974, Emerg; September 1, 1988, Reg; December 16, 2011, Susp.	......do	Do.
Washburn, City of, Bayfield County	550019	April 30, 1975, Emerg; November 2, 1995, Reg; December 16, 2011, Susp.	......do	Do.
Crandon, City of, Forest County	550143	June 23, 1975, Emerg; January 2, 1987, Reg; December 16, 2011, Susp.	......do	Do.
Forest County, Unincorporated Areas	550603	May 24, 2001, Emerg; N/A, Reg; December 16, 2011, Susp.	......do	Do.
Region VI
Texas:
Aurora, City of, Wise County	481561	N/A, Emerg; May 4, 2010, Reg; December 16, 2011, Susp.	......do	Do.
Boyd, City of, Wise County	480676	May 18, 1977, Emerg; September 1, 1987, Reg; December 16, 2011, Susp.	......do	Do.
Chico, City of, Wise County	481053	March 7, 1983, Emerg; September 1, 1987, Reg; December 16, 2011, Susp.	......do	Do.
Decatur, City of, Wise County	480678	March 14, 1975, Emerg; August 16, 1977, Reg; December 16, 2011, Susp.	......do	Do.
Lake Bridgeport, City of, Wise County	481616	N/A, Emerg; October 9, 1990, Reg; December 16, 2011, Susp.	......do	Do.
Rhome, City of, Wise County	481054	N/A, Emerg; March 31, 2010, Reg; December 16, 2011, Susp.	......do	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: December 6, 2011.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.