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Rule

Suspension of Community Eligibility

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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, (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

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.

[Amended]

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

State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region II
New Jersey:
Alexandria, Township of, Hunterdon County340230June 28, 1973, Emerg; April 1, 1981, Reg; May 2, 2012, Susp.May 2, 2012May 2, 2012.
Delaware, Township of, Hunterdon County340506October 21, 1974, Emerg; January 20, 1982, Reg; May 2, 2012, Susp.......do*  Do.
Frenchtown, Borough of, Hunterdon County340234January 15, 1974, Emerg; March 16, 1981, Reg; May 2, 2012, Susp.......do  Do.
Holland, Township of, Hunterdon County340509June 24, 1975, Emerg; March 16, 1981, Reg; May 2, 2012, Susp.......do  Do.
Kingwood, Township of, Hunterdon County340499November 21, 1973, Emerg; November 4, 1981, Reg; May 2, 2012, Susp.......do  Do.
Lambertville, City of, Hunterdon County340237September 4, 1973, Emerg; April 1, 1981, Reg; May 2, 2012, Susp.......do  Do.
Milford, Borough of, Hunterdon County340239August 6, 1975, Emerg; November 18, 1981, Reg; May 2, 2012, Susp.......do  Do.
Stockton, Borough of, Hunterdon County345322April 23, 1971, Emerg; June 16, 1972, Reg; May 2, 2012, Susp.......do  Do.
West Amwell, Township of, Hunterdon County340243November 17, 1972, Emerg; April 1, 1981, Reg; May 2, 2012, Susp.......do  Do.
New York:
Amenia, Town of, Dutchess County361332February 4, 1976, Emerg; September 24, 1984, Reg; May 2, 2012, Susp.......do  Do.
Beacon, City of, Dutchess County360217May 8, 1975, Emerg; March 1, 1984, Reg; May 2, 2012, Susp.......do  Do.
Beekman, Town of, Dutchess County361333February 5, 1976, Emerg; September 5, 1984, Reg; May 2, 2012, Susp.......do  Do.
Clinton, Town of, Dutchess County361334March 1, 1976, Emerg; July 5, 1984, Reg; May 2, 2012, Susp.......do  Do.
Dover, Town of, Dutchess County361335March 22, 1976, Emerg; August 15, 1984, Reg; May 2, 2012, Susp.......do  Do.
East Fishkill, Town of, Dutchess County361336July 24, 1975, Emerg; June 15, 1984, Reg; May 2, 2012, Susp.......do  Do.
Fishkill, Town of, Dutchess County361337September 19, 1975, Emerg; June 1, 1984, Reg; May 2, 2012, Susp.......do  Do.
Fishkill, Village of, Dutchess County360218August 20, 1975, Emerg; March 15, 1984, Reg; May 2, 2012, Susp.......do  Do.
Hyde Park, Town of, Dutchess County361338May 6, 1976, Emerg; June 15, 1984, Reg; May 2, 2012, Susp.......do  Do.
LaGrange, Town of, Dutchess County361011February 26, 1975, Emerg; September 28, 1979, Reg; May 2, 2012, Susp.......do  Do.
Milan, Town of, Dutchess County361339November 6, 1975, Emerg; August 10, 1979, Reg; May 2, 2012, Susp.......do  Do.
Millbrook, Village of, Dutchess County360219March 25, 1975, Emerg; February 27, 1984, Reg; May 2, 2012, Susp.......do  Do.
Millerton, Village of, Dutchess County360220June 24, 1975, Emerg; January 3, 1985, Reg; May 2, 2012, Susp.......do  Do.
North East, Town of, Dutchess County361340August 8, 1975, Emerg; September 5, 1984, Reg; May 2, 2012, Susp.......do  Do.
Pawling, Town of, Dutchess County361341June 1, 1976, Emerg; January 3, 1985, Reg; May 2, 2012, Susp.......do  Do.
Pawling, Village of, Dutchess County361517March 4, 1976, Emerg; August 1, 1984, Reg; May 2, 2012, Susp.......do  Do.
Pine Plains, Town of, Dutchess County361141June 16, 1976, Emerg; October 5, 1984, Reg; May 2, 2012, Susp.......do  Do.
Pleasant Valley, Town of, Dutchess County360221July 2, 1975, Emerg; January 16, 1980, Reg; May 2, 2012, Susp.......do  Do.
Poughkeepsie, City of, Dutchess County360222May 1, 1975, Emerg; January 5, 1984, Reg; May 2, 2012, Susp.......do  Do.
Poughkeepsie, Town of, Dutchess County361142October 21, 1974, Emerg; November 15, 1978, Reg; May 2, 2012, Susp.......do  Do.
Red Hook, Town of, Dutchess County361143May 19, 1975, Emerg; October 16, 1984, Reg; May 2, 2012, Susp.......do  Do.
Red Hook, Village of, Dutchess County361614May 10, 1985, Emerg; May 10, 1985, Reg; May 2, 2012, Susp.......do  Do.
Rhinebeck, Town of, Dutchess County361144September 12, 1975, Emerg; September 5, 1984, Reg; May 2, 2012, Susp.......do  Do.
Rhinebeck, Village of, Dutchess County361999February 9, 1984, Emerg; February 1, 1985, Reg; May 2, 2012, Susp.......do  Do.
Stanford, Town of, Dutchess County361145March 19, 1976, Emerg; January 21, 1983, Reg; May 2, 2012, Susp.......do  Do.
Tivoli, Village of, Dutchess County361507March 18, 1976, Emerg; August 1, 1984, Reg; May 2, 2012, Susp.......do  Do.
Union Vale, Town of, Dutchess County361146July 28, 1975, Emerg; September 2, 1988, Reg; May 2, 2012, Susp.......do  Do.
Wappinger, Town of, Dutchess County361387February 12, 1975, Emerg; June 15, 1979, Reg; May 2, 2012, Susp.......do  Do.
Wappinger Falls, Village of, Dutchess County360223April 18, 1975, Emerg; September 1, 1978, Reg; May 2, 2012, Susp.......do  Do.
Washington, Town of, Dutchess County361147December 11, 1975, Emerg; August 17, 1979, Reg; May 2, 2012, Susp.......do  Do.
Region IV
Florida:
Bradford County, Unincorporated Areas120015May 23, 1975, Emerg; November 15, 1989, Reg; May 2, 2012, Susp.......do  Do.
Brooker, Town of, Bradford County120016N/A, Emerg; April 16, 1990, Reg; May 2, 2012, Susp.......do  Do.
Hampton, City of, Bradford County120627N/A, Emerg; January 15, 1999, Reg; May 2, 2012, Susp.......do  Do.
Lawtey, City of, Bradford County120628N/A, Emerg; March 19, 1998, Reg; May 2, 2012, Susp.......do  Do.
Starke, City of, Bradford County120017June 27, 1975, Emerg; June 18, 1987, Reg; May 2, 2012, Susp.......do  Do.
Mississippi:
Arcola, Town of, Washington County280178May 14, 1973, Emerg; August 1, 1986, Reg; May 2, 2012, Susp.......do  Do.
Greenville, City of, Washington County280179April 10, 1973, Emerg; August 1, 1979, Reg; May 2, 2012, Susp.......do  Do.
Hollandale, City of, Washington County280180May 4, 1973, Emerg; January 14, 1983, Reg; May 2, 2012, Susp.......do  Do.
Leland, City of, Washington County280181May 2, 1973, Emerg; February 15, 1979, Reg; May 2, 2012, Susp.......do  Do.
Washington County, Unincorporated Areas280177May 4, 1973, Emerg; September 3, 1980, Reg; May 2, 2012, Susp.......do  Do.
Region V
Ohio:
Lisbon, Village of, Columbiana County390085February 8, 1977, Emerg; September 30, 1988, Reg; May 2, 2012, Susp.......do  Do.
Wisconsin:
Burlington, City of, Racine County550348July 18, 1973, Emerg; May 15, 1978, Reg; May 2, 2012, Susp.......do  Do.
Caledonia, Village of, Racine County550628N/A, Emerg; December 5, 2008, Reg; May 2, 2012, Susp.......do  Do.
Mount Pleasant, Village of, Racine County550322N/A, Emerg; April 28, 2008, Reg; May 2, 2012, Susp.......do  Do.
Racine, City of, Racine County555575March 26, 1971, Emerg; June 1, 1973, Reg; May 2, 2012, Susp.......do  Do.
Racine County, Unincorporated Areas550347July 5, 1973, Emerg; April 1, 1982, Reg; May 2, 2012, Susp.......do  Do.
Rochester, Village of, Racine County550352March 21, 1975, Emerg; January 2, 1981, Reg; May 2, 2012, Susp.......do  Do.
Sturtevant, Village of, Racine County550353N/A, Emerg; April 28, 2008, Reg; May 2, 2012, Susp.......do  Do.
Union Grove, Village of, Racine County550586March 15, 1979, Emerg; June 17, 1986, Reg; May 2, 2012, Susp.......do  Do.
Waterford, Village of, Racine County550354June 10, 1975, Emerg; January 2, 1981, Reg; May 2, 2012, Susp.......do  Do.
Wind Point, Village of, Racine County550355March 18, 1975, Emerg; September 30, 1980, Reg; May 2, 2012, Susp.......do  Do.
Region VI
Arkansas:
Bald Knob, City of, White County050222September 19, 1975, Emerg; April 3, 1987, Reg; May 2, 2012, Susp.......do  Do.
Beebe, City of, White County050223October 9, 1975, Emerg; September 1, 1981, Reg; May 2, 2012, Susp.......do  Do.
Biggers, Town of, Randolph County050388November 20, 1975, Emerg; August 24, 1982, Reg; May 2, 2012, Susp.......do  Do.
Bradford, City of, White County050131January 14, 1983, Emerg; October 15, 1985, Reg; May 2, 2012, Susp.......do  Do.
Georgetown, Town of, White County050605February 21, 2001, Emerg; May 13, 2004, Reg; May 2, 2012, Susp.......do  Do.
Higginson, Town of, White County050225October 18, 2007, Emerg; December 1, 2007, Reg; May 2, 2012, Susp.......do  Do.
Judsonia, City of, White County050226May 9, 1975, Emerg; September 1, 1987, Reg; May 2, 2012, Susp.......do  Do.
Kensett, City of, White County050227January 19, 1976, Emerg; August 1, 1987, Reg; May 2, 2012, Susp.......do  Do.
Maynard, Town of, Randolph County050265August 7, 1975, Emerg; September 21, 1982, Reg; May 2, 2012, Susp.......do  Do.
McRae, City of, White County050228August 20, 1975, Emerg; June 25, 1976, Reg; May 2, 2012, Susp.......do  Do.
Pocahontas, City of, Randolph County050183September 25, 1974, Emerg; January 20, 1982, Reg; May 2, 2012, Susp.......do  Do.
Randolph County, Unincorporated Areas050460March 10, 1983, Emerg; April 1, 1988, Reg; May 2, 2012, Susp.......do  Do.
Reyno, Town of, Randolph County050283February 26, 1976, Emerg; August 24, 1982, Reg; May 2, 2012, Susp.......do  Do.
Searcy, City of, White County050229May 6, 1975, Emerg; February 4, 1981, Reg; May 2, 2012, Susp.......do  Do.
White County, Unincorporated Areas050467October 7, 1997, Emerg; March 1, 2000, Reg; May 2, 2012, Susp.......do  Do.
Texas:
Llano County, Unincorporated Areas481234January 9, 1980, Emerg; September 18, 1991, Reg; May 2, 2012, Susp.......do  Do.
Sunrise Beach Village, City of, Llano County481531April 16, 1990, Emerg; September 27, 1991, Reg; May 2, 2012, Susp.......do  Do.
Region VII
Kansas:
Goddard, City of, Sedgwick County200500November 30, 1977, Emerg; June 10, 1980, Reg; May 2, 2012, Susp.......do  Do.
Maize, City of, Sedgwick County200520N/A, Emerg; December 24, 2002, Reg; May 2, 2012, Susp.......do  Do.
Sedgwick County, Unincorporated Areas200321July 17, 1975, Emerg; June 3, 1986, Reg; May 2, 2012, Susp.......do  Do.
Wichita, City of, Sedgwick County200328March 24, 1972, Emerg; May 15, 1986, Reg; May 2, 2012, Susp.......do  Do.
Region VIII
Colorado:
Fort Collins, City of, Larimer County080102August 14, 1974, Emerg; July 16, 1979, Reg; May 2, 2012, Susp.......do  Do.
Larimer County, Unincorporated Areas080101July 2, 1974, Emerg; April 2, 1979, Reg; May 2, 2012, Susp.......do  Do.
Utah:
Carbon County, Unincorporated Areas490032November 27, 1974, Emerg; November 15, 1979, Reg; May 2, 2012, Susp.......do  Do.
East Carbon, City of, Carbon County490225March 7, 1975, Emerg; May 1, 1986, Reg; May 2, 2012, Susp.......do  Do.
Ephraim, City of, Sanpete County490112January 31, 1975, Emerg; April 3, 1987, Reg; May 2, 2012, Susp.......do  Do.
Fairview, City of, Sanpete County490113June 12, 1975, Emerg; February 1, 1987, Reg; May 2, 2012, Susp.......do  Do.
Gunnison, City of, Sanpete County490115August 27, 1975, Emerg; January 30, 1984, Reg; May 2, 2012, Susp.......do  Do.
Helper, City of, Carbon County490034June 10, 1975, Emerg; March 1, 1979, Reg; May 2, 2012, Susp.......do  Do.
Manti, City of, Sanpete County490116July 10, 1975, Emerg; August 4, 1987, Reg; May 2, 2012, Susp.......do  Do.
Mayfield, Town of, Sanpete County490117July 15, 2010, Emerg; N/A, Reg; May 2, 2012, Susp.......do  Do.
Moroni, City of, Sanpete County490118July 9, 1975, Emerg; August 5, 1980, Reg; May 2, 2012, Susp.......do  Do.
Mount Pleasant, City of, Sanpete County490213February 25, 1976, Emerg; September 24, 1984, Reg; May 2, 2012, Susp.......do  Do.
Price, City of, Carbon County490036April 26, 1974, Emerg; March 1, 1979, Reg; May 2, 2012, Susp.......do  Do.
Sanpete County, Unincorporated Areas490111March 2, 1976, Emerg; June 1, 1986, Reg; May 2, 2012, Susp.......do  Do.
Spring City, City of, Sanpete County490119May 7, 1976, Emerg; August 5, 1980, Reg; May 2, 2012, Susp.......do  Do.
Sunnyside, City of, Carbon County490205June 16, 1975, Emerg; September 29, 1978, Reg; May 2, 2012, Susp.......do  Do.
Wellington, City of, Carbon County490037February 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.

[FR Doc. 2012-10001 Filed 4-25-12; 8:45 am]

BILLING CODE 9110-12-P