[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41320-41323]
From the Federal Register Online via the Government Publishing 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]
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