[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Rules and Regulations]
[Pages 2650-2653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-900]


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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-8211]


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 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 
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]

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:

[[Page 2651]]



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                                                 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 III
 
West Virginia:
    Addison, Town of, Webster          540204  May 13, 1975,      Jan. 6, 2012..........  Jan. 6, 2012.
     County.                                    Emerg; February
                                                16, 1990, Reg;
                                                January 6, 2012,
                                                Susp.
    Camden-On-Gauley, Town of,         540205  August 6, 1975,    ......do..............   Do.
     Webster County.                            Emerg; August
                                                24, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Cowen, Town of, Webster            540206  August 18, 1975,   ......do..............   Do.
     County.                                    Emerg; August
                                                24, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Webster County,                    540203  December 2, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                16, 1990, Reg;
                                                January 6, 2012,
                                                Susp.
           Region IV
 
Mississippi:
    Greene County,                     280271  July 9, 1976,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                18, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Leakesville, Town of,              280057  March 23, 1976,    ......do..............   Do.
     Greene County.                             Emerg; September
                                                30, 1988, Reg;
                                                January 6, 2012,
                                                Susp.
    McLain, Town of, Greene            280058  November 12,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                December 1,
                                                1983, Reg;
                                                January 6, 2012,
                                                Susp.
Tennessee:
    Jasper, Town of, Marion            475429  July 30, 1971,     ......do..............   Do.
     County.                                    Emerg; February
                                                26, 1972, Reg;
                                                January 6, 2012,
                                                Susp.
    Kimball, Town of, Marion           470116  July 1, 1975,      ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Marion County,                     470114  October 23, 1973,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 15,
                                                1980, Reg;
                                                January 6, 2012,
                                                Susp.
    New Hope, Town of, Marion          470377  October 5, 1981,   ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Powells Crossroads, Town           470456  N/A, Emerg; May    ......do..............   Do.
     of, Marion County.                         7, 2009, Reg;
                                                January 6, 2012,
                                                Susp.
    South Pittsburg, City of,          475447  July 9, 1971,      ......do..............   Do.
     Marion County.                             Emerg; April 14,
                                                1972, Reg;
                                                January 6, 2012,
                                                Susp.
    Whitwell, City of, Marion          470118  N/A, Emerg; July   ......do..............   Do.
     County.                                    10, 2009, Reg;
                                                January 6, 2012,
                                                Susp.
            Region V
 
Illinois:
    Bath, Village of, Mason            170464  April 4, 1979,     ......do..............   Do.
     County.                                    Emerg; January
                                                5, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Havana, City of, Mason             170465  July 23, 1981,     ......do..............   Do.
     County.                                    Emerg; July 23,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Mason City, City of, Mason         170466  December 12,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                July 18, 1985,
                                                Reg; January 6,
                                                2012, Susp.
    Mason County,                      170463  January 19, 1977,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
Michigan:
    Alabaster, Township of,            260249  November 20,       ......do..............   Do.
     Iosco County.                              1973, Emerg;
                                                February 19,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Au Sable, Township of,             260098  May 25, 1973,      ......do..............   Do.
     Iosco County.                              Emerg; January
                                                6, 1988, Reg;
                                                January 6, 2012,
                                                Susp.
    East Tawas, City of, Iosco         260100  May 1, 1973,       ......do..............   Do.
     County.                                    Emerg; September
                                                30, 1977, Reg;
                                                January 6, 2012,
                                                Susp.
    Oscoda, Township of, Iosco         260101  May 15, 1973,      ......do..............   Do.
     County.                                    Emerg; September
                                                1, 1978, Reg;
                                                January 6, 2012,
                                                Susp.
    Tawas City, City of, Iosco         260102  July 23, 1973,     ......do..............   Do.
     County.                                    Emerg; February
                                                15, 1978, Reg;
                                                January 6, 2012,
                                                Susp.
    Croswell, City of, Sanilac         260515  October 13, 1976,  ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1986, Reg;
                                                January 6, 2012,
                                                Susp.
    Delaware, Township of,             260756  April 7, 1986,     ......do..............   Do.
     Sanilac County.                            Emerg; December
                                                18, 1986, Reg;
                                                January 6, 2012,
                                                Susp.
    Forester, Township of,             260771  August 4, 1986,    ......do..............   Do.
     Sanilac County.                            Emerg; September
                                                18, 1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Lexington, Township of,            260718  March 4, 1980,     ......do..............   Do.
     Sanilac County.                            Emerg; January
                                                15, 1988, Reg;
                                                January 6, 2012,
                                                Susp.
    Port Sanilac, Village of,          260779  September 26,      ......do..............   Do.
     Sanilac County.                            1986, Emerg;
                                                April 15, 1988,
                                                Reg; January 6,
                                                2012, Susp.
    Sanilac, Township of,              260791  January 20, 1987,  ......do..............   Do.
     Sanilac County.                            Emerg; September
                                                18, 1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Worth, Township of, Sanilac        260296  June 7, 1974,      ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
Ohio:

[[Page 2652]]

 
    Bremen, Village of,                390160  July 22, 1975,     ......do..............   Do.
     Fairfield County.                          Emerg; September
                                                2, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Buckeye Lake, Village of,          390882  April 26, 1983,    ......do..............   Do.
     Fairfield County.                          Emerg; August
                                                15, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Lancaster, City of,                390161  July 28, 1975,     ......do..............   Do.
     Fairfield County.                          Emerg; May 1,
                                                1980, Reg;
                                                January 6, 2012,
                                                Susp.
    Millersport, Village of,           390689  May 8, 1990,       ......do..............   Do.
     Fairfield County.                          Emerg; February
                                                1, 1991, Reg;
                                                January 6, 2012,
                                                Susp.
    Pickerington, City of,             390162  June 11, 1976,     ......do..............   Do.
     Fairfield County.                          Emerg; August 5,
                                                1991, Reg;
                                                January 6, 2012,
                                                Susp.
    Sugar Grove, Village of,           390163  June 25, 1975,     ......do..............   Do.
     Fairfield County.                          Emerg; September
                                                2, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Thurston, Village of,              390690  October 1, 1976,   ......do..............   Do.
     Fairfield County.                          Emerg; November
                                                23, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
Wisconsin:
    Bangor, Village of, La             550218  January 20, 1975,  ......do..............   Do.
     Crosse County.                             Emerg; January
                                                2, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Holmen, Village of, La             550219  June 27, 1975,     ......do..............   Do.
     Crosse County.                             Emerg; April 20,
                                                1979, Reg;
                                                January 6, 2012,
                                                Susp.
    La Crosse, City of, La             555562  December 4, 1970,  ......do..............   Do.
     Crosse County.                             Emerg; January
                                                15, 1971, Reg;
                                                January 6, 2012,
                                                Susp.
    La Crosse County,                  550217  March 26, 1971,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; March 15,
                                                1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Onalaska, City of, La              550221  July 3, 1975,      ......do..............   Do.
     Crosse County.                             Emerg; September
                                                16, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Rockland, Village of, La           550222  N/A, Emerg; March  ......do..............   Do.
     Crosse County.                             9, 2010, Reg;
                                                January 6, 2012,
                                                Susp.
    West Salem, Village of, La         550560  April 17, 1986,    ......do..............   Do.
     Crosse County.                             Emerg; April 17,
                                                1986, Reg;
                                                January 6, 2012,
                                                Susp.
           Region VI
 
Texas:
    Caddo Mills, City of, Hunt         480364  N/A, Emerg; March  ......do..............   Do.
     County.                                    6, 2008, Reg;
                                                January 6, 2012,
                                                Susp.
    Celeste, City of, Hunt             480365  February 11,       ......do..............   Do.
     County.                                    1985, Emerg;
                                                September 1,
                                                1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Commerce, City of, Hunt            480366  April 10, 1975,    ......do..............   Do.
     County.                                    Emerg; March 2,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Greenville, City of, Hunt          485473  December 31,       ......do..............   Do.
     County.                                    1970, Emerg;
                                                August 13, 1971,
                                                Reg; January 6,
                                                2012, Susp.
    Josephine, City of, Hunt           480756  N/A, Emerg;        ......do..............   Do.
     County.                                    December 15,
                                                1995, Reg;
                                                January 6, 2012,
                                                Susp.
    Royse City, City of, Hunt          480548  July 3, 1975,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg;
                                                January 6, 2012,
                                                Susp.
    Tuscola, Town of, Taylor           481017  October 30, 1979,  ......do..............   Do.
     County.                                    Emerg; November
                                                1, 1989, Reg;
                                                January 6, 2012,
                                                Susp.
    Union Valley, City of, Hunt        480246  N/A, Emerg; April  ......do..............   Do.
     County.                                    1, 2010, Reg;
                                                January 6, 2012,
                                                Susp.
           Region VII
 
Nebraska:
    Arlington, Village of,             310227  June 11, 1975,     ......do..............   Do.
     Washington County.                         Emerg; January
                                                16, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Blair, City of, Washington         310228  September 17,      ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 16, 1981,
                                                Reg; January 6,
                                                2012, Susp.
    Dakota City, City of,              310053  December 17,       ......do..............   Do.
     Dakota County.                             1974, Emerg;
                                                September 16,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Dakota County,                     310429  August 18, 1975,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Fort Calhoun, City of,             310368  September 10,      ......do..............   Do.
     Washington County.                         1976, Emerg;
                                                December 1,
                                                1983, Reg;
                                                January 6, 2012,
                                                Susp.
    Herman, Village of,                310229  January 10, 1975,  ......do..............   Do.
     Washington County.                         Emerg; March 18,
                                                1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Homer, Village of, Dakota          310241  March 26, 1975,    ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Jackson, Village of, Dakota        310292  May 6, 1977,       ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1987, Reg;
                                                January 6, 2012,
                                                Susp.
    Kennard, Village of,               310230  March 26, 1975,    ......do..............   Do.
     Washington County.                         Emerg; September
                                                18, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
    Washington, Village of,            315496  April 4, 1986,     ......do..............   Do.
     Washington County.                         Emerg; September
                                                14, 1990, Reg;
                                                January 6, 2012,
                                                Susp.

[[Page 2653]]

 
    Washington County,                 310483  September 4,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                February 4,
                                                1981, Reg;
                                                January 6, 2012,
                                                Susp.
          Region VIII
 
Colorado:
    Canon City, City of,               080068  May 28, 1974,      ......do..............   Do.
     Fremont County.                            Emerg; November
                                                3, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Coal Creek, Town of,               080210  N/A, Emerg;        ......do..............   Do.
     Fremont County.                            February 4,
                                                2011, Reg;
                                                January 6, 2012,
                                                Susp.
    Florence, City of, Fremont         080070  June 25, 1975,     ......do..............   Do.
     County.                                    Emerg; December
                                                4, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Fremont County,                    080067  June 25, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                January 6, 2012,
                                                Susp.
    Montrose, City of, Montrose        080125  January 31, 1975,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Montrose County,                   080124  May 23, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                15, 1984, Reg;
                                                January 6, 2012,
                                                Susp.
    Naturita, Town of, Montrose        080126  June 18, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                6, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Olathe, Town of, Montrose          080128  June 5, 1975,      ......do..............   Do.
     County.                                    Emerg; September
                                                16, 1982, Reg;
                                                January 6, 2012,
                                                Susp.
    Rockvale, Town of, Fremont         080221  September 21,      ......do..............   Do.
     County.                                    1979, Emerg;
                                                October 15,
                                                1985, Reg;
                                                January 6, 2012,
                                                Susp.
Montana:
    Butte-Silver Bow County,           300077  September 17,      ......do..............   Do.
     All Jurisdictions.                         1974, Emerg;
                                                September 28,
                                                1979, Reg;
                                                January 6, 2012,
                                                Susp.
South Dakota:
    Belle Fourche, City of,            460012  May 3, 1973,       ......do..............   Do.
     Butte County.                              Emerg; June 1,
                                                1977, Reg;
                                                January 6, 2012,
                                                Susp.
    Butte County,                      460236  November 24,       ......do..............   Do.
     Unincorporated Areas.                      1998, Emerg; N/
                                                A, Reg; January
                                                6, 2012, Susp.
    Custer, City of, Custer            460019  April 11, 1973,    ......do..............   Do.
     County.                                    Emerg; January
                                                2, 1981, Reg;
                                                January 6, 2012,
                                                Susp.
    Custer County,                     460018  October 28, 1977,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1986, Reg;
                                                January 6, 2012,
                                                Susp.
    Hermosa, Town of, Custer           460230  July 24, 2003,     ......do..............   Do.
     County.                                    Emerg; August 1,
                                                2006, Reg;
                                                January 6, 2012,
                                                Susp.
    Woonsocket, City of,               460075  May 28, 1975,      ......do..............   Do.
     Sanborn County.                            Emerg; November
                                                15, 1985, Reg;
                                                January 6, 2012,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: December 9, 2011.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-900 Filed 1-18-12; 8:45 am]
BILLING CODE 9110-12-P