Federal Register, Volume 77 Issue 190 (Monday, October 1, 2012)

[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59762-59764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24027]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8247]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

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. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.

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.

[[Page 59763]]

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:

----------------------------------------------------------------------------------------------------------------
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 IV

Florida:
Davenport, City of, Polk 120410 March 1, 1976, September 28, 2012.... September 28, 2012.
County. Emerg; December
2, 1980, Reg;
September 28,
2012, Susp.
Dundee, Town of, Polk 120409 February 19, 1976, *......do............. Do
County. Emerg; November
19, 1980, Reg;
September 28,
2012, Susp.
Frostproof, City of, Polk 120265 May 2, 1975, ......do.............. Do.
County. Emerg; May 1,
1980, Reg;
September 28,
2012, Susp.
Haines City, City of, Polk 120266 May 28, 1975, ......do.............. Do.
County. Emerg; September
16, 1981, Reg;
September 28,
2012, Susp.

Region V

Indiana:
Amboy, Town of, Miami 180303 June 5, 1984, ......do.............. Do.
County. Emerg; August 19,
1986, Reg;
September 28,
2012, Susp.
Converse, Town of, Miami 180497 N/A, Emerg; ......do.............. Do.
County. February 13,
2009, Reg;
September 28,
2012, Susp.
Denver, Town of, Miami 180323 August 20, 1975, ......do.............. Do.
County. Emerg; March 16,
1988, Reg;
September 28,
2012, Susp.
Miami County, 180409 March 11, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; August 19,
1986, Reg;
September 28,
2012, Susp.
Peru, City of, Miami 180168 June 13, 1975, ......do.............. Do.
County. Emerg; January
18, 1984, Reg;
September 28,
2012, Susp.
Michigan:
Alcona, Township of, 260996 July 25, 1997, ......do.............. Do.
Alcona County. Emerg; N/A, Reg;
September 28,
2012, Susp.
Greenbush, Township of, 260001 August 26, 1975, ......do.............. Do.
Alcona County. Emerg; September
30, 1988, Reg;
September 28,
2012, Susp.
Haynes, Township of, 260274 April 12, 1974, ......do.............. Do.
Alcona County. Emerg; May 1,
1992, Reg;
September 28,
2012, Susp.
Wisconsin:
Alma Center, Village of, 550185 July 10, 1975, ......do.............. Do.
Jackson County. Emerg; January 3,
1985, Reg;
September 28,
2012, Susp.
Black River Falls, City 550186 April 7, 1975, ......do.............. Do.
of, Jackson County. Emerg; February
4, 1981, Reg;
September 28,
2012, Susp.
Hixton, Village of, 550187 January 29, 1975, ......do.............. Do.
Jackson County. Emerg; January 2,
1987, Reg;
September 28,
2012, Susp.
Jackson County, 550583 September 30, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
February 4, 1981,
Reg; September
28, 2012, Susp.
Melrose, Village of, 550188 June 30, 1975, ......do.............. Do.
Jackson County. Emerg; March 16,
1981, Reg;
September 28,
2012, Susp.
Merrillan, Village of, 550189 May 11, 1976, ......do.............. Do.
Jackson County. Emerg; September
1, 1986, Reg;
September 28,
2012, Susp.
Taylor, Village of, 550190 March 26, 1976, ......do.............. Do.
Jackson County. Emerg; June 1,
1987, Reg;
September 28,
2012, Susp.

[[Page 59764]]

Region VII

Iowa:
Chickasaw County, 190855 July 6, 2007, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
2011, Reg;
September 28,
2012, Susp.
Fredericksburg, City of, 190066 October 14, 1975, ......do.............. Do.
Chickasaw County. Emerg; September
29, 1986, Reg;
September 28,
2012, Susp.
Lawler, City of, Chickasaw 190067 July 25, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg;
September 28,
2012, Susp.
Nashua, City of, Chickasaw 190068 December 19, 1974, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
September 28,
2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

Dated: September 24, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-24027 Filed 9-28-12; 8:45 am]
BILLING CODE 9110-12-P