[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41320-41323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17060]


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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-8237]


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

[[Page 41321]]

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

    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 I
 
Massachusetts:
    Abington, Town of, Plymouth        250259  March 6, 1974,     July 17, 2012.........  July 17, 2012.
     County.                                    Emerg; September
                                                30, 1977, Reg;
                                                July 17, 2012,
                                                Susp.
    Bellingham, Town of,               250232  July 25, 1975,     ......do..............   Do.
     Norfolk County.                            Emerg; December
                                                15, 1982, Reg;
                                                July 17, 2012,
                                                Susp.
    Braintree, Town of, Norfolk        250233  November 10,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                June 1, 1978,
                                                Reg; July 17,
                                                2012, Susp.

[[Page 41322]]

 
    Bridgewater, Town of,              250260  November 28,       ......do..............   Do.
     Plymouth County.                           1975, Emerg; May
                                                17, 1982, Reg;
                                                July 17, 2012,
                                                Susp.
    Brockton, Town of, Plymouth        250261  January 21, 1974,  ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1979, Reg; July
                                                17, 2012, Susp.
    Brookline, Town of, Norfolk        250234  March 24, 1972,    ......do..............   Do.
     County.                                    Emerg; May 2,
                                                1977, Reg; July
                                                17, 2012, Susp.
    Carver, Town of, Plymouth          250262  July 29, 1975,     ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; July
                                                17, 2012, Susp.
    Dedham, Town of, Norfolk           250237  September 6,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                December 1,
                                                1978, Reg; July
                                                17, 2012, Susp.
    Duxbury, Town of, Plymouth         250263  September 29,      ......do..............   Do.
     County.                                    1972, Emerg; May
                                                2, 1977, Reg;
                                                July 17, 2012,
                                                Susp.
    East Bridgewater, Town of,         250264  July 23, 1975,     ......do..............   Do.
     Plymouth County.                           Emerg; July 2,
                                                1981, Reg; July
                                                17, 2012, Susp.
    Foxborough, Town of,               250239  June 20, 1975,     ......do..............   Do.
     Norfolk County.                            Emerg; December
                                                4, 1979, Reg;
                                                July 17, 2012,
                                                Susp.
    Franklin, Town of, Norfolk         250240  June 13, 1975,     ......do..............   Do.
     County.                                    Emerg; February
                                                17, 1982, Reg;
                                                July 17, 2012,
                                                Susp.
    Hanover, Town of, Plymouth         250266  July 9, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                15, 1982, Reg;
                                                July 17, 2012,
                                                Susp.
    Hanson, Town of, Plymouth          250267  April 3, 1975,     ......do..............   Do.
     County.                                    Emerg; January
                                                20, 1982, Reg;
                                                July 17, 2012,
                                                Susp.
    Hull, Town of, Plymouth            250269  December 29,       ......do..............   Do.
     County.                                    1972, Emerg; May
                                                2, 1983, Reg;
                                                July 17, 2012,
                                                Susp.
    Lakeville, Town of,                250271  April 15, 1975,    ......do..............   Do.
     Plymouth County.                           Emerg; June 4,
                                                1980, Reg; July
                                                17, 2012, Susp.
    Marion, Town of, Plymouth          255213  October 8, 1971,   ......do..............   Do.
     County.                                    Emerg; April 6,
                                                1973, Reg; July
                                                17, 2012, Susp.
    Medfield, Town of, Norfolk         250242  September 6,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 16, 1979,
                                                Reg; July 17,
                                                2012, Susp.
    Medway, Town of, Norfolk           250243  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; June 18,
                                                1980, Reg; July
                                                17, 2012, Susp.
    Middleborough, Town of,            250275  May 28, 1975,      ......do..............   Do.
     Plymouth County.                           Emerg; September
                                                16, 1981, Reg;
                                                July 17, 2012,
                                                Susp.
    Needham, Town of, Norfolk          255215  June 25, 1971,     ......do..............   Do.
     County.                                    Emerg; April 13,
                                                1973, Reg; July
                                                17, 2012, Susp.
    Norfolk, Town of, Norfolk          255217  July 10, 1970,     ......do..............   Do.
     County.                                    Emerg; August
                                                20, 1971, Reg;
                                                July 17, 2012,
                                                Susp.
    Norwell, Town of, Plymouth         250276  July 9, 1975,      ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; July
                                                17, 2012, Susp.
    Norwood, Town of, Norfolk          250248  July 2, 1975,      ......do..............   Do.
     County.                                    Emerg; February
                                                1, 1980, Reg;
                                                July 17, 2012,
                                                Susp.
    Plainville, Town of,               250249  October 29, 1974,  ......do..............   Do.
     Norfolk County.                            Emerg; July 2,
                                                1981, Reg; July
                                                17, 2012, Susp.
    Quincy, City of, Norfolk           255219  June 19, 1970,     ......do..............   Do.
     County.                                    Emerg; September
                                                21, 1973, Reg;
                                                July 17, 2012,
                                                Susp.
    Randolph, Town of, Norfolk         250251  October 15, 1971,  ......do..............   Do.
     County.                                    Emerg; May 1,
                                                1978, Reg; July
                                                17, 2012, Susp.
    Rockland, Town of, Plymouth        250281  July 24, 1975,     ......do..............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; July
                                                17, 2012, Susp.
    Stoughton, Town of, Norfolk        250253  March 4, 1975,     ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1982, Reg; July
                                                17, 2012, Susp.
    Wellesley, Town of, Norfolk        250255  December 22,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                September 5,
                                                1979, Reg; July
                                                17, 2012, Susp.
    West Bridgewater, Town of,         250284  July 24, 1975,     ......do..............   Do.
     Plymouth County.                           Emerg; June 15,
                                                1982, Reg; July
                                                17, 2012, Susp.
    Westwood, Town of, Norfolk         255225  January 14, 1972,  ......do..............   Do.
     County.                                    Emerg; November
                                                2, 1973, Reg;
                                                July 17, 2012,
                                                Susp.
    Weymouth, Town of, Norfolk         250257  December 15,       ......do..............   Do.
     County.                                    1972, Emerg;
                                                September 30,
                                                1980, Reg; July
                                                17, 2012, Susp.
    Whitman, Town of, Plymouth         250285  March 12, 1975,    ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1981, Reg; July
                                                17, 2012, Susp.
    Wrentham, Town of, Norfolk         250258  December 10,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                July 5, 1982,
                                                Reg; July 17,
                                                2012, Susp.
 
           Region IV
 
Alabama:
    Clarke County,                     010316  October 30, 2006,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; October
                                                16, 2008, Reg;
                                                July 17, 2012,
                                                Susp.
    Coffeeville, Town of,              010484  N/A, Emerg; May    ......do..............   Do.
     Clarke County.                             20, 2010, Reg;
                                                July 17, 2012,
                                                Susp.

[[Page 41323]]

 
    Fulton, Town of, Clarke            010038  August 14, 2000,   ......do..............   Do.
     County.                                    Emerg; October
                                                16, 2008, Reg;
                                                July 17, 2012,
                                                Susp.
    Jackson, City of, Clarke           010040  August 11, 1975,   ......do..............   Do.
     County.                                    Emerg; December
                                                17, 1987, Reg;
                                                July 17, 2012,
                                                Susp.
    Thomasville, City of,              010041  April 19, 1976,    ......do..............   Do.
     Clarke County.                             Emerg; September
                                                18, 1985, Reg;
                                                July 17, 2012,
                                                Susp.
Kentucky: Tompkinsville, City          210420  September 26,      ......do..............   Do.
 of, Monroe County.                             2011, Emerg; N/
                                                A, Reg; July 17,
                                                2012, Susp.
 
           Region VI
 
Arkansas:
    Carthage, City of, Dallas          050062  February 4, 1976,  ......do..............   Do.
     County.                                    Emerg; August
                                                22, 1978, Reg;
                                                July 17, 2012,
                                                Susp.
    Dallas County,                     050061  July 12, 1988,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                1, 1989, Reg;
                                                July 17, 2012,
                                                Susp.
    Fordyce, City of, Dallas           050063  March 12, 1975,    ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1980, Reg; July
                                                17, 2012, Susp.
    Sparkman, City of, Dallas          050064  May 5, 1975,       ......do..............   Do.
     County.                                    Emerg; March 1,
                                                1988, Reg; July
                                                17, 2012, Susp.
Oklahoma:
    Ada, City of, Pontotoc             400173  May 22, 1974,      ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1980, Reg; July
                                                17, 2012, Susp.
    Byng, Town of, Pontotoc            400175  N/A, Emerg; April  ......do..............   Do.
     County.                                    1, 2011, Reg;
                                                July 17, 2012,
                                                Susp.
    Pontotoc County,                   400495  February 9, 2006,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; N/A, Reg;
                                                July 17, 2012,
                                                Susp.
    Roff, Town of, Pontotoc            400176  December 8, 1977,  ......do..............   Do.
     County.                                    Emerg; November
                                                27, 1979, Reg;
                                                July 17, 2012,
                                                Susp.
Texas: Zapata County,                  480687  December 7, 2006,  ......do..............   Do.
 Unincorporated Areas.                          Emerg; N/A, Reg;
                                                July 17, 2012,
                                                Susp.
 
          Region VIII
 
Colorado:
    Clear Creek County,                080034  November 27,       ......do..............   Do.
     Unincorporated Areas.                      1973, Emerg;
                                                March 11, 1980,
                                                Reg; July 17,
                                                2012, Susp.
    Georgetown, Town of, Clear         080035  April 9, 1974,     ......do..............   Do.
     Creek County.                              Emerg; June 5,
                                                1989, Reg; July
                                                17, 2012, Susp.
    Idaho Springs, City of,            080036  December 4, 1973,  ......do..............   Do.
     Clear Creek County.                        Emerg; November
                                                15, 1978, Reg;
                                                July 17, 2012,
                                                Susp.
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*......do and Do. = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: July 3, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-17060 Filed 7-12-12; 8:45 am]
BILLING CODE 9110-12-P