[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28282-28285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11524]
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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-8229]
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 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
[[Page 28283]]
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
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/
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
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Region III
Virginia: Prince George County, 510204 May 17, 1974, May 16, 2012.......... May 16, 2012.
Unincorporated Areas. Emerg; May 1,
1980, Reg;.
May 16, 2012,
Susp.
Region IV
Florida:
Collier County, 120067 July 10, 1970, ......do*............. Do.
Unincorporated Areas. Emerg; September
14, 1979, Reg;
May 16, 2012,
Susp.
Everglades City, City of, 125104 July 14, 1970, ......do.............. Do.
Collier County. Emerg; October
6, 1972, Reg;
May 16, 2012,
Susp.
Marco Island, City of, 120426 N/A, Emerg; ......do.............. Do.
Collier County. October 27,
1998, Reg; May
16, 2012, Susp.
Naples, City of, Collier 125130 May 8, 1970, ......do.............. Do.
County. Emerg; July 2,
1971, Reg; May
16, 2012, Susp.
Seminole Tribe of Florida, 120685 N/A, Emerg; March ......do.............. Do.
Collier and Broward 25, 2002, Reg;
Counties. May 16, 2012,
Susp.
Mississippi:
Greenwood, City of, Leflore 280102 June 7, 1973, ......do.............. Do.
County. Emerg; March 18,
1980, Reg; May
16, 2012, Susp.
Itta Bena, City of, Leflore 280103 January 17, 1974, ......do.............. Do.
County. Emerg; April 3,
1978, Reg; May
16, 2012, Susp.
Leflore County, 280101 August 28, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1979, Reg;
May 16, 2012,
Susp.
Morgan City, Town of, 280104 March 1, 1974, ......do.............. Do.
Leflore County. Emerg; April 3,
1978, Reg; May
16, 2012, Susp.
Schlater, Town of, Leflore 280105 May 3, 1976, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
May 16, 2012,
Susp.
Sidon, Town of, Leflore 280106 January 30, 1974, ......do.............. Do.
County. Emerg; March 15,
1978, Reg; May
16, 2012, Susp.
Region V
Illinois: ............ ......................
Catlin, Village of, 170661 August 21, 1975, ......do.............. Do.
Vermilion County. Emerg; September
4, 1985, Reg;
May 16, 2012,
Susp.
Danville, City of, 170662 June 16, 1975, ......do.............. Do.
Vermilion County. Emerg; July 18,
1983, Reg; May
16, 2012, Susp.
Georgetown, City of, 170665 July 10, 1975, ......do.............. Do.
Vermilion County. Emerg; February
11, 1976, Reg;
May 16, 2012,
Susp.
Hoopeston, City of, 170667 November 11, ......do.............. Do.
Vermilion County. 1976, Emerg;
July 3, 1985,
Reg; May 16,
2012, Susp.
Muncie, Village of, 170963 July 11, 1995, ......do.............. Do.
Vermilion County. Emerg; N/A, Reg;
May 16, 2012,
Susp.
Potomac, Village of, 170799 September 23, ......do.............. Do.
Vermilion County. 1975, Emerg;
September 18,
1985, Reg; May
16, 2012, Susp.
[[Page 28284]]
Rankin, Village of, 170668 August 1, 1975, ......do.............. Do.
Vermilion County. Emerg; September
18, 1985, Reg;
May 16, 2012,
Susp.
Vermilion County, 170935 February 28, ......do.............. Do.
Unincorporated Areas. 1991, Emerg;
June 1, 1995,
Reg; May 16,
2012, Susp.
Westville, Village of, 170671 August 7, 1975, ......do.............. Do.
Vermilion County. Emerg; August
19, 1985, Reg;
May 16, 2012,
Susp.
Ohio:
Celina, City of, Mercer 390393 January 22, 1975, ......do.............. Do.
County. Emerg; March 18,
1986, Reg; May
16, 2012, Susp.
Coldwater, Village of, 390394 July 1, 1975, ......do.............. Do.
Mercer County. Emerg; February
2, 1984, Reg;
May 16, 2012,
Susp.
Mendon, Village of, Mercer 390671 July 31, 1975, ......do.............. Do.
County. Emerg; November
15, 1985, Reg;
May 16, 2012,
Susp.
Montezuma, Village of, 390396 June 11, 1997, ......do.............. Do.
Mercer County. Emerg; April 15,
2002, Reg; May
16, 2012, Susp.
Rockford, Village of, 390397 July 21, 1975, ......do.............. Do.
Mercer County. Emerg; February
1, 1986, Reg;
May 16, 2012,
Susp.
Region VI
Louisiana:.....................
Mandeville, City of, Saint 220202 March 12, 1974, ......do.............. Do.
Tammany Parish. Emerg; September
28, 1979, Reg;
May 16, 2012,
Susp.
Texas:
Brazos County, 481195 January 13, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; July 2,
1992, Reg; May
16, 2012, Susp.
Bryan, City of, Brazos 480082 May 2, 1974, ......do.............. Do.
County. Emerg; May 19,
1981, Reg; May
16, 2012, Susp.
Wixon Valley, City of, 481636 N/A, Emerg; ......do.............. Do.
Brazos County. September 4,
2001, Reg; May
16, 2012, Susp.
Region VII
Iowa:
Cerro Gordo County, 190853 December 29, ......do.............. Do.
Unincorporated Areas. 1999, Emerg;
December 1,
2001, Reg; May
16, 2012, Susp.
Clear Lake, City of, Cerro 190059 August 7, 1975, ......do.............. Do.
Gordo County. Emerg; August 4,
1987, Reg; May
16, 2012, Susp.
Mason City, City of, Cerro 190060 March 21, 1975, ......do.............. Do.
Gordo County. Emerg; December
2, 1980, Reg;
May 16, 2012,
Susp.
Plymouth, City of, Cerro 190061 May 24, 1991, ......do.............. Do.
Gordo County. Emerg; January
1, 1992, Reg;
May 16, 2012,
Susp.
Rock Falls, City of, Cerro 190351 July 4, 1994, ......do.............. Do.
Gordo County. Emerg; July 1,
1997, Reg; May
16, 2012, Susp.
Missouri:
Brunswick, City of, 290074 November 12, ......do.............. Do.
Chariton County. 1975, Emerg;
February 2,
1983, Reg; May
16, 2012, Susp.
Chariton County, 290073 January 12, 1984,
Unincorporated Areas. Emerg; December
3, 1987, Reg;
May 16, 2012,
Susp.
Dalton, Village of, 290464 December 2, 1994, ......do.............. Do.
Chariton County. Emerg; October
10, 2003, Reg;
May 16, 2012,
Susp.
Region IX
Nevada:
Eureka County, 320028 March 9, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1988, Reg; May
16, 2012, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 28285]]
Dated: May 1, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-11524 Filed 5-11-12; 8:45 am]
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