Suspension of Community Eligibility
Federal Register, Volume 77 Issue 12 (Thursday, January 19, 2012)
Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)
Rules and Regulations
Pages 2650-2653
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-900
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8211
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, Mitigation Directorate, 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 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
-
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
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The tables published under the authority of Sec. 64.6 are amended as follows:
Page 2651
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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
West Virginia:
Addison, Town of, Webster 540204 May 13, 1975, Jan. 6, 2012.......... Jan. 6, 2012.
County. Emerg; February
16, 1990, Reg;
January 6, 2012,
Susp.
Camden-On-Gauley, Town of, 540205 August 6, 1975, ......do.............. Do.
Webster County. Emerg; August
24, 1984, Reg;
January 6, 2012,
Susp.
Cowen, Town of, Webster 540206 August 18, 1975, ......do.............. Do.
County. Emerg; August
24, 1984, Reg;
January 6, 2012,
Susp.
Webster County, 540203 December 2, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
16, 1990, Reg;
January 6, 2012,
Susp.
Region IV
Mississippi:
Greene County, 280271 July 9, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1985, Reg;
January 6, 2012,
Susp.
Leakesville, Town of, 280057 March 23, 1976, ......do.............. Do.
Greene County. Emerg; September
30, 1988, Reg;
January 6, 2012,
Susp.
McLain, Town of, Greene 280058 November 12, ......do.............. Do.
County. 1974, Emerg;
December 1,
1983, Reg;
January 6, 2012,
Susp.
Tennessee:
Jasper, Town of, Marion 475429 July 30, 1971, ......do.............. Do.
County. Emerg; February
26, 1972, Reg;
January 6, 2012,
Susp.
Kimball, Town of, Marion 470116 July 1, 1975, ......do.............. Do.
County. Emerg; May 19,
1987, Reg;
January 6, 2012,
Susp.
Marion County, 470114 October 23, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; May 15,
1980, Reg;
January 6, 2012,
Susp.
New Hope, Town of, Marion 470377 October 5, 1981, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
January 6, 2012,
Susp.
Powells Crossroads, Town 470456 N/A, Emerg; May ......do.............. Do.
of, Marion County. 7, 2009, Reg;
January 6, 2012,
Susp.
South Pittsburg, City of, 475447 July 9, 1971, ......do.............. Do.
Marion County. Emerg; April 14,
1972, Reg;
January 6, 2012,
Susp.
Whitwell, City of, Marion 470118 N/A, Emerg; July ......do.............. Do.
County. 10, 2009, Reg;
January 6, 2012,
Susp.
Region V
Illinois:
Bath, Village of, Mason 170464 April 4, 1979, ......do.............. Do.
County. Emerg; January
5, 1984, Reg;
January 6, 2012,
Susp.
Havana, City of, Mason 170465 July 23, 1981, ......do.............. Do.
County. Emerg; July 23,
1981, Reg;
January 6, 2012,
Susp.
Mason City, City of, Mason 170466 December 12, ......do.............. Do.
County. 1975, Emerg;
July 18, 1985,
Reg; January 6,
2012, Susp.
Mason County, 170463 January 19, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1984, Reg;
January 6, 2012,
Susp.
Michigan:
Alabaster, Township of, 260249 November 20, ......do.............. Do.
Iosco County. 1973, Emerg;
February 19,
1987, Reg;
January 6, 2012,
Susp.
Au Sable, Township of, 260098 May 25, 1973, ......do.............. Do.
Iosco County. Emerg; January
6, 1988, Reg;
January 6, 2012,
Susp.
East Tawas, City of, Iosco 260100 May 1, 1973, ......do.............. Do.
County. Emerg; September
30, 1977, Reg;
January 6, 2012,
Susp.
Oscoda, Township of, Iosco 260101 May 15, 1973, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
January 6, 2012,
Susp.
Tawas City, City of, Iosco 260102 July 23, 1973, ......do.............. Do.
County. Emerg; February
15, 1978, Reg;
January 6, 2012,
Susp.
Croswell, City of, Sanilac 260515 October 13, 1976, ......do.............. Do.
County. Emerg; August
19, 1986, Reg;
January 6, 2012,
Susp.
Delaware, Township of, 260756 April 7, 1986, ......do.............. Do.
Sanilac County. Emerg; December
18, 1986, Reg;
January 6, 2012,
Susp.
Forester, Township of, 260771 August 4, 1986, ......do.............. Do.
Sanilac County. Emerg; September
18, 1987, Reg;
January 6, 2012,
Susp.
Lexington, Township of, 260718 March 4, 1980, ......do.............. Do.
Sanilac County. Emerg; January
15, 1988, Reg;
January 6, 2012,
Susp.
Port Sanilac, Village of, 260779 September 26, ......do.............. Do.
Sanilac County. 1986, Emerg;
April 15, 1988,
Reg; January 6,
2012, Susp.
Sanilac, Township of, 260791 January 20, 1987, ......do.............. Do.
Sanilac County. Emerg; September
18, 1987, Reg;
January 6, 2012,
Susp.
Worth, Township of, Sanilac 260296 June 7, 1974, ......do.............. Do.
County. Emerg; June 1,
1987, Reg;
January 6, 2012,
Susp.
Ohio:
Page 2652
Bremen, Village of, 390160 July 22, 1975, ......do.............. Do.
Fairfield County. Emerg; September
2, 1982, Reg;
January 6, 2012,
Susp.
Buckeye Lake, Village of, 390882 April 26, 1983, ......do.............. Do.
Fairfield County. Emerg; August
15, 1984, Reg;
January 6, 2012,
Susp.
Lancaster, City of, 390161 July 28, 1975, ......do.............. Do.
Fairfield County. Emerg; May 1,
1980, Reg;
January 6, 2012,
Susp.
Millersport, Village of, 390689 May 8, 1990, ......do.............. Do.
Fairfield County. Emerg; February
1, 1991, Reg;
January 6, 2012,
Susp.
Pickerington, City of, 390162 June 11, 1976, ......do.............. Do.
Fairfield County. Emerg; August 5,
1991, Reg;
January 6, 2012,
Susp.
Sugar Grove, Village of, 390163 June 25, 1975, ......do.............. Do.
Fairfield County. Emerg; September
2, 1982, Reg;
January 6, 2012,
Susp.
Thurston, Village of, 390690 October 1, 1976, ......do.............. Do.
Fairfield County. Emerg; November
23, 1984, Reg;
January 6, 2012,
Susp.
Wisconsin:
Bangor, Village of, La 550218 January 20, 1975, ......do.............. Do.
Crosse County. Emerg; January
2, 1981, Reg;
January 6, 2012,
Susp.
Holmen, Village of, La 550219 June 27, 1975, ......do.............. Do.
Crosse County. Emerg; April 20,
1979, Reg;
January 6, 2012,
Susp.
La Crosse, City of, La 555562 December 4, 1970, ......do.............. Do.
Crosse County. Emerg; January
15, 1971, Reg;
January 6, 2012,
Susp.
La Crosse County, 550217 March 26, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; March 15,
1984, Reg;
January 6, 2012,
Susp.
Onalaska, City of, La 550221 July 3, 1975, ......do.............. Do.
Crosse County. Emerg; September
16, 1981, Reg;
January 6, 2012,
Susp.
Rockland, Village of, La 550222 N/A, Emerg; March ......do.............. Do.
Crosse County. 9, 2010, Reg;
January 6, 2012,
Susp.
West Salem, Village of, La 550560 April 17, 1986, ......do.............. Do.
Crosse County. Emerg; April 17,
1986, Reg;
January 6, 2012,
Susp.
Region VI
Texas:
Caddo Mills, City of, Hunt 480364 N/A, Emerg; March ......do.............. Do.
County. 6, 2008, Reg;
January 6, 2012,
Susp.
Celeste, City of, Hunt 480365 February 11, ......do.............. Do.
County. 1985, Emerg;
September 1,
1987, Reg;
January 6, 2012,
Susp.
Commerce, City of, Hunt 480366 April 10, 1975, ......do.............. Do.
County. Emerg; March 2,
1981, Reg;
January 6, 2012,
Susp.
Greenville, City of, Hunt 485473 December 31, ......do.............. Do.
County. 1970, Emerg;
August 13, 1971,
Reg; January 6,
2012, Susp.
Josephine, City of, Hunt 480756 N/A, Emerg; ......do.............. Do.
County. December 15,
1995, Reg;
January 6, 2012,
Susp.
Royse City, City of, Hunt 480548 July 3, 1975, ......do.............. Do.
County. Emerg; July 16,
1980, Reg;
January 6, 2012,
Susp.
Tuscola, Town of, Taylor 481017 October 30, 1979, ......do.............. Do.
County. Emerg; November
1, 1989, Reg;
January 6, 2012,
Susp.
Union Valley, City of, Hunt 480246 N/A, Emerg; April ......do.............. Do.
County. 1, 2010, Reg;
January 6, 2012,
Susp.
Region VII
Nebraska:
Arlington, Village of, 310227 June 11, 1975, ......do.............. Do.
Washington County. Emerg; January
16, 1981, Reg;
January 6, 2012,
Susp.
Blair, City of, Washington 310228 September 17, ......do.............. Do.
County. 1974, Emerg;
July 16, 1981,
Reg; January 6,
2012, Susp.
Dakota City, City of, 310053 December 17, ......do.............. Do.
Dakota County. 1974, Emerg;
September 16,
1981, Reg;
January 6, 2012,
Susp.
Dakota County, 310429 August 18, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; April 15,
1982, Reg;
January 6, 2012,
Susp.
Fort Calhoun, City of, 310368 September 10, ......do.............. Do.
Washington County. 1976, Emerg;
December 1,
1983, Reg;
January 6, 2012,
Susp.
Herman, Village of, 310229 January 10, 1975, ......do.............. Do.
Washington County. Emerg; March 18,
1985, Reg;
January 6, 2012,
Susp.
Homer, Village of, Dakota 310241 March 26, 1975, ......do.............. Do.
County. Emerg; April 3,
1984, Reg;
January 6, 2012,
Susp.
Jackson, Village of, Dakota 310292 May 6, 1977, ......do.............. Do.
County. Emerg; September
4, 1987, Reg;
January 6, 2012,
Susp.
Kennard, Village of, 310230 March 26, 1975, ......do.............. Do.
Washington County. Emerg; September
18, 1985, Reg;
January 6, 2012,
Susp.
Washington, Village of, 315496 April 4, 1986, ......do.............. Do.
Washington County. Emerg; September
14, 1990, Reg;
January 6, 2012,
Susp.
Page 2653
Washington County, 310483 September 4, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
February 4,
1981, Reg;
January 6, 2012,
Susp.
Region VIII
Colorado:
Canon City, City of, 080068 May 28, 1974, ......do.............. Do.
Fremont County. Emerg; November
3, 1982, Reg;
January 6, 2012,
Susp.
Coal Creek, Town of, 080210 N/A, Emerg; ......do.............. Do.
Fremont County. February 4,
2011, Reg;
January 6, 2012,
Susp.
Florence, City of, Fremont 080070 June 25, 1975, ......do.............. Do.
County. Emerg; December
4, 1984, Reg;
January 6, 2012,
Susp.
Fremont County, 080067 June 25, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1989, Reg;
January 6, 2012,
Susp.
Montrose, City of, Montrose 080125 January 31, 1975, ......do.............. Do.
County. Emerg; March 1,
1984, Reg;
January 6, 2012,
Susp.
Montrose County, 080124 May 23, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
15, 1984, Reg;
January 6, 2012,
Susp.
Naturita, Town of, Montrose 080126 June 18, 1975, ......do.............. Do.
County. Emerg; January
6, 1982, Reg;
January 6, 2012,
Susp.
Olathe, Town of, Montrose 080128 June 5, 1975, ......do.............. Do.
County. Emerg; September
16, 1982, Reg;
January 6, 2012,
Susp.
Rockvale, Town of, Fremont 080221 September 21, ......do.............. Do.
County. 1979, Emerg;
October 15,
1985, Reg;
January 6, 2012,
Susp.
Montana:
Butte-Silver Bow County, 300077 September 17, ......do.............. Do.
All Jurisdictions. 1974, Emerg;
September 28,
1979, Reg;
January 6, 2012,
Susp.
South Dakota:
Belle Fourche, City of, 460012 May 3, 1973, ......do.............. Do.
Butte County. Emerg; June 1,
1977, Reg;
January 6, 2012,
Susp.
Butte County, 460236 November 24, ......do.............. Do.
Unincorporated Areas. 1998, Emerg; N/
A, Reg; January
6, 2012, Susp.
Custer, City of, Custer 460019 April 11, 1973, ......do.............. Do.
County. Emerg; January
2, 1981, Reg;
January 6, 2012,
Susp.
Custer County, 460018 October 28, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1986, Reg;
January 6, 2012,
Susp.
Hermosa, Town of, Custer 460230 July 24, 2003, ......do.............. Do.
County. Emerg; August 1,
2006, Reg;
January 6, 2012,
Susp.
Woonsocket, City of, 460075 May 28, 1975, ......do.............. Do.
Sanborn County. Emerg; November
15, 1985, Reg;
January 6, 2012,
Susp.
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*do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: December 9, 2011.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2012-900 Filed 1-18-12; 8:45 am
BILLING CODE 9110-12-P
