Suspension of Community Eligibility
Federal Register, Volume 77 Issue 224 (Tuesday, November 20, 2012)
Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)
Rules and Regulations
Pages 69564-69567
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-28121
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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-8257
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. Also, information identifying the current participation
Page 69565
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: 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
-
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
-
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 IV
Florida:
Fellsmere, City of, Indian 120120 N/A, Emerg; Dec. 4, 2012.......... Dec. 4, 2012.
River County. October 18,
1993, Reg;
December 4,
2012, Susp.
Indian River County, 120119 July 14, 1972, ......do*............. Do.
Unincorporated Areas. Emerg; July 3,
1978, Reg;
December 4,
2012, Susp.
Indian River Shores, Town 120121 August 15, 1973, ......do.............. Do.
of, Indian River County. Emerg; September
5, 1979, Reg;
December 4,
2012, Susp.
Orchid, Town of, Indian 120122 July 24, 1975, ......do.............. Do.
River County. Emerg; April 15,
1980, Reg;
December 4,
2012, Susp.
Page 69566
Sebastian, City of, Indian 120123 September 2, ......do.............. Do.
River County. 1975, Emerg;
April 15, 1980,
Reg; December 4,
2012, Susp.
Vero Beach, City of, Indian 120124 December 15, ......do.............. Do.
River County. 1972, Emerg;
September 30,
1977, Reg;
December 4,
2012, Susp.
Region V
Indiana:
Floyd County, 180432 December 2, 1976, ......do.............. Do.
Unincorporated Areas.. Emerg; January
2, 1981, Reg;
December 4,
2012, Susp.
Georgetown, Town of, Floyd 180063 March 31, 1975, ......do.............. Do.
County. Emerg; March 28,
1980, Reg;
December 4,
2012, Susp.
New Albany, City of, Floyd 180062 October 1, 1971, ......do.............. Do.
County. Emerg; December
17, 1976, Reg;
December 4,
2012, Susp.
Pine Village, Town of, 180564 December 19, ......do.............. Do.
Warren County. 2008, Emerg; N/
A, Reg; December
4, 2012, Susp.
Warren County, 180448 February 25, ......do.............. Do.
Unincorporated Areas.. 2004, Emerg; N/
A, Reg; December
4, 2012, Susp.
West Lebanon, Town of, 180565 December 19, ......do.............. Do.
Warren County. 2008, Emerg; N/
A, Reg; December
4, 2012, Susp.
Williamsport, Town of, 180272 June 3, 1976, ......do.............. Do.
Warren County. Emerg; September
1, 1988, Reg;
December 4,
2012, Susp.
Michigan:
Chesterfield, Township of, 260120 November 24, ......do.............. Do.
Macomb County. 1972, Emerg;
July 3, 1978,
Reg; December 4,
2012, Susp.
Clinton, Charter Township 260121 February 9, 1973, ......do.............. Do.
of, Macomb County. Emerg; August 1,
1979, Reg;
December 4,
2012, Susp.
Harrison, Township of, 260123 December 8, 1972, ......do.............. Do.
Macomb County. Emerg; May 5,
1981, Reg;
December 4,
2012, Susp.
Iron Mountain, City of, 260063 April 8, 1975, ......do.............. Do.
Dickinson County. Emerg; October
16, 1991, Reg;
December 4,
2012, Susp.
Kingsford, City of, 260064 June 23, 1975, ......do.............. Do.
Dickinson County. Emerg; N/A, Reg;
December 4,
2012, Susp.
Mount Clemens, City of, 260124 April 5, 1973, ......do.............. Do.
Macomb County. Emerg; July 16,
1980, Reg;
December 4,
2012, Susp.
New Baltimore, City of, 260125 January 12, 1973, ......do.............. Do.
Macomb County. Emerg; September
1, 1978, Reg;
December 4,
2012, Susp.
Saint Clair Shores, City 260127 December 1, 1972, ......do.............. Do.
of, Macomb County. Emerg; August 1,
1979, Reg;
December 4,
2012, Susp.
Waucedah, Township of, 260986 March 11, 1997, ......do.............. Do.
Dickinson County. Emerg; N/A, Reg;
December 4,
2012, Susp.
Region VI
New Mexico:
Espantildeola, City of, 350052 April 4, 1975, ......do.............. Do.
Santa Fe County. Emerg; February
19, 1986, Reg;
December 4,
2012, Susp.
Santa Fe, City of, Santa Fe 350070 February 13, ......do.............. Do.
County. 1975, Emerg;
July 2, 1980,
Reg; December 4,
2012, Susp.
Santa Fe County, 350069 March 25, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; November
4, 1988, Reg;
December 4,
2012, Susp.
Texas:.........................
Briaroaks, City of, Johnson 480398 N/A, Emerg; June ......do.............. Do.
County. 15, 2010, Reg;
December 4,
2012, Susp.
Cleburne, City of, Johnson 485462 April 2, 1971, ......do.............. Do.
County. Emerg; June 23,
1972, Reg;
December 4,
2012, Susp.
Godley, City of, Johnson 480880 N/A, Emerg; ......do.............. Do.
County. February 18,
2011, Reg;
December 4,
2012, Susp.
Grandview, City of, Johnson 480881 N/A, Emerg; July ......do.............. Do.
County. 17, 2002, Reg;
December 4,
2012, Susp.
Johnson County, 480879 August 25, 1989, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1991, Reg;
December 4,
2012, Susp.
Joshua, City of, Johnson 480882 September 9, ......do.............. Do.
County. 1991, Emerg;
September 27,
1991, Reg;
December 4,
2012, Susp.
Keene, City of, Johnson 481107 N/A, Emerg; ......do.............. Do.
County. February 21,
2001, Reg;
December 4,
2012, Susp.
Mansfield, City of, Johnson 480606 February 28, ......do.............. Do.
County. 1975, Emerg;
December 18,
1985, Reg;
December 4,
2012, Susp.
Rio Vista, Village of, 481159 September 6, ......do.............. Do.
Johnson County. 1991, Emerg;
September 27,
1991, Reg;
December 4,
2012, Susp.
Venus, City of, Johnson 480883 May 13, 1991, ......do.............. Do.
County. Emerg; September
27, 1991, Reg;
December 4,
2012, Susp.
Page 69567
Region VII
Iowa:
Barnum, City of, Webster 190528 May 6, 1994, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2012, Susp.
Dayton, City of, Webster 190565 August 19, 1994, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2012, Susp.
Fort Dodge, City of, 195181 June 19, 1970, ......do.............. Do.
Webster County. Emerg; April 9,
1971, Reg;
December 4,
2012, Susp.
Lehigh, City of, Webster 190310 October 3, 1979, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
December 4,
2012, Susp.
Moorland, City of, Webster 190784 August 20, 1993, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2012, Susp.
Webster County, 190831 March 2, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; October
1, 1985, Reg;
December 4,
2012, Susp.
Region VIII
Montana:
Carbon County, 300139 March 23, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; November
4, 1981, Reg;
December 4,
2012, Susp.
Fromberg, Town of, Carbon 300005 May 12, 1976, ......do.............. Do.
County. Emerg; November
4, 1981, Reg;
December 4,
2012, Susp.
Joliet, Town of, Carbon 300006 April 26, 1979, ......do.............. Do.
County. Emerg; May 19,
1981, Reg;
December 4,
2012, Susp.
Red Lodge, City of, Carbon 300007 June 30, 1975, ......do.............. Do.
County. Emerg; May 19,
1981, Reg;
December 4,
2012, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: November 8, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2012-28121 Filed 11-19-12; 8:45 am
BILLING CODE 9110-12-P
