[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Pages 7537-7540]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3209]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8217]


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, 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 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

[[Page 7538]]

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:

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                                                           Effective date
                                                           authorization/
          State and location              Community    cancellation of sale of       Current effective map date       Date certain Federal assistance no
                                             No.         flood insurance in                                               longer available in SFHAs
                                                              community
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               Region II
 
New York:
    Cobleskill, Town of, Schoharie            361573  February 17, 1976,        February 16, 2012..................  February 16, 2012.
     County.                                           Emerg; January 19,
                                                       1983, Reg; February 16,
                                                       2012, Susp.
    Richmondville, Town of, Schoharie         361197  September 12, 1975,       *......do..........................   Do.
     County.                                           Emerg; January 1, 1988,
                                                       Reg; February 16, 2012,
                                                       Susp.
    Seward, Town of, Schoharie County.        361199  October 3, 1975, Emerg;   ......do...........................   Do.
                                                       September 1, 1988, Reg;
                                                       February 16, 2012, Susp.
 
               Region IV
 
Florida:
    Fort Pierce, City of, Saint Lucie         120286  January 16, 1974, Emerg;  ......do...........................   Do.
     County.                                           December 1, 1977, Reg;
                                                       February 16, 2012, Susp.
    Port Saint Lucie, City of, Saint          120287  May 7, 1975, Emerg;       ......do...........................   Do.
     Lucie County.                                     March 15, 1982, Reg;
                                                       February 16, 2012, Susp.
    Saint Lucie County, Unincorporated        120285  May 31, 1974, Emerg;      ......do...........................   Do.
     Areas.                                            August 17, 1981, Reg;
                                                       February 16, 2012, Susp.
    Saint Lucie Village, Town of,             120288  September 2, 1975,        ......do...........................   Do.
     Saint Lucie County.                               Emerg; April 1, 1980,
                                                       Reg; February 16, 2012,
                                                       Susp.
Mississippi:

[[Page 7539]]

 
    Yazoo City, City of, Yazoo County.        280189  December 11, 1973,        ......do...........................   Do.
                                                       Emerg; April 15, 1980,
                                                       Reg; February 16, 2012,
                                                       Susp.
               Region V
Illinois:
    Carmi, City of, White County......        170681  May 2, 1975, Emerg;       ......do...........................   Do.
                                                       January 2, 1981, Reg;
                                                       February 16, 2012, Susp.
    Crossville, Village of, White             170682  May 23, 1975, Emerg;      ......do...........................   Do.
     County.                                           December 18, 1984, Reg;
                                                       February 16, 2012, Susp.
    Grayville, City of, White County..        170683  June 17, 1975, Emerg;     ......do...........................   Do.
                                                       August 24, 1984, Reg;
                                                       February 16, 2012, Susp.
    Maunie, Village of, White County..        170684  February 11, 1998,        ......do...........................   Do.
                                                       Emerg; N/A, Reg;
                                                       February 16, 2012, Susp.
    White County, Unincorporated Areas        170906  March 26, 1980, Emerg;    ......do...........................   Do.
                                                       April 3, 1985, Reg;
                                                       February 16, 2012, Susp.
Minnesota:
    Avon, City of, Stearns County.....        270443  November 26, 1976,        ......do...........................   Do.
                                                       Emerg; January 3, 1985,
                                                       Reg; February 16, 2012,
                                                       Susp.
    Clearwater, City of, Stearns              270536  July 30, 1975, Emerg;     ......do...........................   Do.
     County.                                           November 1, 1979, Reg;
                                                       February 16, 2012, Susp.
    Cold Spring, City of, Stearns             270444  January 19, 1973, Emerg;  ......do...........................   Do.
     County.                                           August 1, 1977, Reg;
                                                       February 16, 2012, Susp.
    Melrose, City of, Stearns County..        270450  March 11, 1974, Emerg;    ......do...........................   Do.
                                                       May 19, 1981, Reg;
                                                       February 16, 2012, Susp.
    Paynesville, City of, Stearns             270452  June 3, 1974, Emerg;      ......do...........................   Do.
     County.                                           August 16, 1994, Reg;
                                                       February 16, 2012, Susp.
    Rockville, City of, Stearns County        270454  April 8, 1975, Emerg;     ......do...........................   Do.
                                                       July 16, 1979, Reg;
                                                       February 16, 2012, Susp.
    Sauk Centre, City of, Stearns             270459  April 16, 1974, Emerg;    ......do...........................   Do.
     County.                                           May 19, 1981, Reg;
                                                       February 16, 2012, Susp.
    Saint Cloud, City of, Stearns             270456  March 31, 1972, Emerg;    ......do...........................   Do.
     County.                                           April 1, 1977, Reg;
                                                       February 16, 2012, Susp.
    Stearns County, Unincorporated            270546  March 23, 1973, Emerg;    ......do...........................   Do.
     Areas.                                            March 1, 1979, Reg;
                                                       February 16, 2012, Susp.
    Waite Park, City of, Stearns              270461  June 13, 1975, Emerg;     ......do...........................   Do.
     County.                                           May 17, 1989, Reg;
                                                       February 16, 2012, Susp.
 
               Region VI
 
Oklahoma:
    Nowata County, Unincorporated             400504  September 8, 2008,        ......do...........................   Do.
     Areas.                                            Emerg; N/A, Reg;
                                                       February 16, 2012, Susp.
    Nowata, City of, Nowata County....        400136  August 28, 1975, Emerg;   ......do...........................   Do.
                                                       January 3, 1986, Reg;
                                                       February 16, 2012, Susp.
    South Coffeyville, Town of, Nowata        400411  May 9, 1978, Emerg;       ......do...........................   Do.
     County.                                           September 14, 1982,
                                                       Reg; February 16, 2012,
                                                       Susp.
 
              Region VII
 
Missouri: Alexandria, City of, Clark          290080  March 13, 1974, Emerg;    ......do...........................   Do.
 County.                                               May 2, 1977, Reg;
                                                       February 16, 2012, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.



[[Page 7540]]

    Dated: January 31, 2012.
Edward L. Connor,
Deputy Associate Administrator for Federal Insurance.
[FR Doc. 2012-3209 Filed 2-10-12; 8:45 am]
BILLING CODE 9110-12-P