
[Federal Register Volume 76, Number 183 (Wednesday, September 21, 2011)]
[Rules and Regulations]
[Pages 58405-58409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24288]


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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-8197]


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

[[Page 58406]]

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 
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]

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:

----------------------------------------------------------------------------------------------------------------
                                                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:
    Allamuchy, Township of,           340480  May 13, 1975,       September 29, 2011....  September 29, 2011.
     Warren County.                            Emerg; August 15,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Alpha, Borough of, Warren         340576  October 2, 1975,    ......do..............   Do.
     County.                                   Emerg; December
                                               23, 1977, Reg;
                                               September 29,
                                               2011, Susp.
    Andover, Borough of,              340542  August 27, 1975,    ......do..............   Do.
     Sussex County.                            Emerg; March 4,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Belvidere, Town of, Warren        340481  November 12, 1974,  ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1979, Reg;
                                               September 29,
                                               2011, Susp.
    Blairstown, Township of,          340482  July 3, 1975,       ......do..............   Do.
     Warren County.                            Emerg; September
                                               1, 1983, Reg;
                                               September 29,
                                               2011, Susp.

[[Page 58407]]

 
    Branchville, Borough of,          340448  June 24, 1975,      ......* do............   Do.
     Sussex County.                            Emerg; March 11,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Frankford, Township of,           340526  October 1, 1975,    ......do..............   Do.
     Sussex County.                            Emerg; March 11,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Franklin, Borough of,             340449  July 7, 1975,       ......do..............   Do.
     Sussex County.                            Emerg; March 15,
                                               1984, Reg;
                                               September 29,
                                               2011, Susp.
    Frelinghuysen, Township           340564  September 30,       ......do..............   Do.
     of, Warren County.                        1975, Emerg;
                                               February 4, 1983,
                                               Reg; September
                                               29, 2011, Susp.
    Greenwich, Township of,           340483  May 19, 1975,       ......do..............   Do.
     Warren County.                            Emerg; August 2,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
    Hackettstown, Town of,            340484  October 1, 1975,    ......do..............   Do.
     Warren County.                            Emerg; September
                                               1, 1983, Reg;
                                               September 29,
                                               2011, Susp.
    Hamburg, Borough of,              340450  August 29, 1975,    ......do..............   Do.
     Sussex County.                            Emerg; March 15,
                                               1984, Reg;
                                               September 29,
                                               2011, Susp.
    Hampton, Township of,             340531  August 4, 1975,     ......do..............   Do.
     Sussex County.                            Emerg; October 7,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Hardwick, Township of,            340528  April 7, 1976,      ......do..............   Do.
     Warren County.                            Emerg; January
                                               21, 1983, Reg;
                                               September 29,
                                               2011, Susp.
    Hopatcong, Borough of,            340452  December 10, 1974,  ......do..............   Do.
     Sussex County.                            Emerg; April 1,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Hope, Township of, Warren         340486  October 16, 1975,   ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Knowlton, Township of,            340488  July 11, 1975,      ......do..............   Do.
     Warren County.                            Emerg; January 6,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Liberty, Township of,             340489  January 21, 1976,   ......do..............   Do.
     Warren County.                            Emerg; March 18,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Mansfield, Township of,           340491  November 26, 1974,  ......do..............   Do.
     Warren County.                            Emerg; September
                                               15, 1983, Reg;
                                               September 29,
                                               2011, Susp.
    Montague, Township of,            340559  September 23,       ......do..............   Do.
     Sussex County.                            1976, Emerg;
                                               March 4, 1983,
                                               Reg; September
                                               29, 2011, Susp.
    Newton, Town of, Sussex           340453  March 11, 1975,     ......do..............   Do.
     County.                                   Emerg; April 18,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Ogdensburg, Borough of,           340454  July 16, 1975,      ......do..............   Do.
     Sussex County.                            Emerg; September
                                               5, 1984, Reg;
                                               September 29,
                                               2011, Susp.
    Oxford, Township of,              340492  July 8, 1975,       ......do..............   Do.
     Warren County.                            Emerg; March 11,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Pohatcong, Township of,           340494  August 19, 1974,    ......do..............   Do.
     Warren County.                            Emerg; September
                                               30, 1981, Reg;
                                               September 29,
                                               2011, Susp.
    Sandyston, Township of,           340455  April 11, 1985,     ......do..............   Do.
     Sussex County.                            Emerg; December
                                               17, 1991, Reg;
                                               September 29,
                                               2011, Susp.
    Sparta, Township of,              340535  July 29, 1975,      ......do..............   Do.
     Sussex County.                            Emerg; October
                                               16, 1984, Reg;
                                               September 29,
                                               2011, Susp
    Stillwater, Township of,          340560  August 4, 1975,     ......do..............   Do.
     Sussex County.                            Emerg; February
                                               25, 1983, Reg;
                                               September 29,
                                               2011, Susp.
    Sussex, Borough of, Sussex        340457  July 15, 1975,      ......do..............   Do.
     County.                                   Emerg; February
                                               2, 1983, Reg;
                                               September 29,
                                               2011, Susp.
    Vernon, Township of,              340561  July 29, 1975,      ......do..............   Do.
     Sussex County.                            Emerg; February
                                               15, 1984, Reg;
                                               September 29,
                                               2011, Susp.
    Walpack, Township of,             340458  August 16, 1977,    ......do..............   Do.
     Sussex County.                            Emerg; March 18,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    Wantage, Township of,             340562  July 28, 1975,      ......do..............   Do.
     Sussex County.                            Emerg; February
                                               15, 1984, Reg;
                                               September 29,
                                               2011, Susp.
    Washington, Borough of,           340495  June 24, 1975,      ......do..............   Do.
     Warren County.                            Emerg; August 16,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
    White, Township of, Warren        340497  May 1, 1973,        ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1984, Reg;
                                               September 29,
                                               2011, Susp.
           Region IV
Alabama:
    Collinsville, Town of,            010066  October 24, 1975,   ......do..............   Do.
     DeKalb County.                            Emerg; April 15,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
    DeKalb County,                    010320  July 17, 2003,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               20, 2008, Reg;
                                               September 29,
                                               2011, Susp.
    Fort Payne, City of,              010067  July 17, 1975,      ......do..............   Do.
     DeKalb County.                            Emerg; May 1,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
    Fyffe, Town of, DeKalb            010355  November 2, 1979,   ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Hammondville, Town of,            010388  N/A, Emerg;         ......do..............   Do.
     DeKalb County.                            October 14, 2009,
                                               Reg; September
                                               29, 2011, Susp.
    Henagar, City of, DeKalb          010357  June 6, 2005,       ......do..............   Do.
     County.                                   Emerg; February
                                               20, 2008, Reg;
                                               September 29,
                                               2011, Susp.

[[Page 58408]]

 
    Ider, Town of, DeKalb             010389  N/A, Emerg;         ......do..............   Do.
     County.                                   February 2, 2011,
                                               Reg; September
                                               29, 2011, Susp.
    Powell, Town of, DeKalb           010398  June 6, 2005,       ......do..............   Do.
     County.                                   Emerg; February
                                               20, 2008, Reg;
                                               September 29,
                                               2011, Susp.
    Rainsville, City of,              010368  July 16, 1975,      ......do..............   Do.
     DeKalb County.                            Emerg; May 1,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
    Sylvania, Town of, DeKalb         010364  September 4, 2005,  ......do..............   Do.
     County.                                   Emerg; February
                                               20, 2008, Reg;
                                               September 29,
                                               2011, Susp.
    Valley Head, Town of,             010068  August 7, 1975,     ......do..............   Do.
     DeKalb County.                            Emerg; April 15,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
Florida:
    DeBary, City of, Volusia          120672  May 14, 1971,       ......do..............   Do.
     County.                                   Emerg; November
                                               23, 1973, Reg;
                                               September 29,
                                               2011, Susp.
    DeLand, City of, Volusia          120307  February 19, 1975,  ......do..............   Do.
     County.                                   Emerg; December
                                               22, 1980, Reg;
                                               September 29,
                                               2011, Susp.
    Deltona, City of, Volusia         120677  N/A, Emerg;         ......do..............   Do.
     County.                                   January 22, 1998,
                                               Reg; September
                                               29, 2011, Susp.
    Lake Helen, City of,              120674  N/A, Emerg; May     ......do..............   Do.
     Volusia County.                           19, 2005, Reg;
                                               September 29,
                                               2011, Susp.
    Orange City, City of,             120633  June 1, 1990,       ......do..............   Do.
     Volusia County.                           Emerg; September
                                               2, 1994, Reg;
                                               September 29,
                                               2011, Susp.
    Volusia County,                   125155  May 14, 1971,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               23, 1973, Reg;
                                               September 29,
                                               2011, Susp.
South Carolina:
    Anderson, City of,                450014  November 2, 1973,   ......do..............   Do.
     Anderson County.                          Emerg; December
                                               16, 1980, Reg;
                                               September 29,
                                               2011, Susp.
    Anderson County,                  450013  July 2, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 2,
                                               1981, Reg;
                                               September 29,
                                               2011, Susp.
    Belton, City of, Anderson         450015  July 24, 1975,      ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
    Iva, Town of, Anderson            450017  August 6, 1975,     ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1986, Reg;
                                               September 29,
                                               2011, Susp.
    Williamston, Town of,             450020  July 18, 1975,      ......do..............   Do.
     Anderson County.                          Emerg; March 4,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
           Region V
Michigan:
    Burns, Township of,               260762  July 23, 1991,      ......do..............   Do.
     Shiawassee County.                        Emerg; December
                                               19, 1996, Reg;
                                               September 29,
                                               2011, Susp.
    Byron, Village of,                260601  May 23, 1990,       ......do..............   Do.
     Shiawassee County.                        Emerg; February
                                               1, 1991, Reg;
                                               September 29,
                                               2011, Susp.
    Caledonia, Charter                260300  July 3, 1974,       ......do..............   Do.
     Township of, Shiawassee                   Emerg; May 17,
     County.                                   1982, Reg;
                                               September 29,
                                               2011, Susp.
    Corunna, City of,                 260602  December 24, 1975,  ......do..............   Do.
     Shiawassee County.                        Emerg; January
                                               17, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Hazelton, Township of,            260925  N/A, Emerg; April   ......do..............   Do.
     Shiawassee County.                        2, 1998, Reg;
                                               September 29,
                                               2011, Susp.
    New Haven, Township of,           260521  November 13, 1986,  ......do..............   Do.
     Shiawassee County.                        Emerg; April 1,
                                               1988, Reg;
                                               September 29,
                                               2011, Susp.
    Owosso, Charter Township          260809  October 22, 1987,   ......do..............   Do.
     of, Shiawassee County.                    Emerg; October
                                               20, 1999, Reg;
                                               September 29,
                                               2011, Susp.
    Owosso, City of,                  260596  May 23, 1975,       ......do..............   Do.
     Shiawassee County.                        Emerg; March 1,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
    Rush, Township of,                260522  January 3, 1979,    ......do..............   Do.
     Shiawassee County.                        Emerg; February
                                               1, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Shiawassee, Township of,          260523  September 10,       ......do..............   Do.
     Shiawassee County.                        1981, Emerg; July
                                               3, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Vernon, Village of,               260524  May 28, 1982,       ......do..............   Do.
     Shiawassee County.                        Emerg; May 17,
                                               1988, Reg;
                                               September 29,
                                               2011, Susp.
Ohio:
    Alliance, City of, Stark          390508  July 31, 1975,      ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
    Canal Fulton, City of,            390511  June 23, 1975,      ......do..............   Do.
     Stark County.                             Emerg; July 5,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
    Canton, City of, Stark            390512  April 17, 1975,     ......do..............   Do.
     County.                                   Emerg; January 6,
                                               1983, Reg;
                                               September 29,
                                               2011, Susp.
    East Canton, Village of,          390513  July 16, 1976,      ......do..............   Do.
     Stark County.                             Emerg; February
                                               16, 1979, Reg;
                                               September 29,
                                               2011, Susp.
    East Sparta, Village of,          390655  June 30, 1975,      ......do..............   Do.
     Stark County.                             Emerg; May 1,
                                               1981, Reg;
                                               September 29,
                                               2011, Susp.
    Minerva, Village of, Stark        390518  May 12, 1975,       ......do..............   Do.
     County.                                   Emerg; July 5,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.

[[Page 58409]]

 
    Stark County,                     390780  March 2, 1977,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               1, 1983, Reg;
                                               September 29,
                                               2011, Susp.
    Waynesburg, Village of,           390667  April 22, 1975,     ......do..............   Do.
     Stark County.                             Emerg; July 5,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
          Region VII
Iowa:
    Bronson, City of, Woodbury        190287  September 4, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Cushing, City of, Woodbury        190289  April 28, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               September 29,
                                               2011, Susp.
    Hornick, City of, Woodbury        190291  July 8, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               27, 1985, Reg;
                                               September 29,
                                               2011, Susp.
    Lawton, City of, Woodbury         190292  August 8, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Moville, City of, Woodbury        190293  February 23, 1976,  ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1986, Reg;
                                               September 29,
                                               2011, Susp.
    Salix, City of, Woodbury          190296  November 3, 1975,   ......do..............   Do.
     County.                                   Emerg; April 25,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
    Sioux City, City of,              190298  May 14, 1971,       ......do..............   Do.
     Woodbury County.                          Emerg; August 1,
                                               1979, Reg;
                                               September 29,
                                               2011, Susp.
    Sloan, City of, Woodbury          190299  August 12, 1975,    ......do..............   Do.
     County.                                   Emerg; June 10,
                                               1980, Reg;
                                               September 29,
                                               2011, Susp.
    Woodbury County,                  190536  October 29, 1974,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 17,
                                               1991, Reg;
                                               September 29,
                                               2011, Susp.
    Winnebago Indian Tribe,           190984  August 6, 1996,     ......do..............   Do.
     Woodbury County.                          Emerg; January 6,
                                               2010, Reg;
                                               September 29,
                                               2011, Susp.
Kansas:
    Shawnee County,                   200331  June 23, 1978,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               1982, Reg;
                                               September 29,
                                               2011, Susp.
    Topeka, City of, Shawnee          205187  August 7, 1970,     ......do..............   Do.
     County.                                   Emerg; October
                                               23, 1971, Reg;
                                               September 29,
                                               2011, Susp.
Missouri:
    Allenville, Village of,           290905  N/A, Emerg; April   ......do..............   Do.
     Cape Girardeau County.                    17, 1998, Reg;
                                               September 29,
                                               2011, Susp.
    Cape Girardeau, City of,          290458  May 14, 1974,       ......do..............   Do.
     Cape Girardeau County.                    Emerg; November
                                               5, 1980, Reg;
                                               September 29,
                                               2011, Susp.
    Jackson, City of, Cape            295265  September 10,       ......do..............   Do.
     Girardeau County.                         1971, Emerg; May
                                               4, 1973, Reg;
                                               September 29,
                                               2011, Susp.
    Whitewater, Village of,           290903  N/A, Emerg; April   ......do..............   Do.
     Cape Girardeau County.                    2, 1998, Reg;
                                               September 29,
                                               2011, Susp.
----------------------------------------------------------------------------------------------------------------
*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.
[FR Doc. 2011-24288 Filed 9-20-11; 8:45 am]
BILLING CODE 9110-12-P


