
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28282-28285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11524]


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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-8229]


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, 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

[[Page 28283]]

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 III
 
Virginia: Prince George County,        510204  May 17, 1974,      May 16, 2012..........  May 16, 2012.
 Unincorporated Areas.                          Emerg; May 1,
                                                1980, Reg;.
                                               May 16, 2012,
                                                Susp.
 
           Region IV
 
Florida:
    Collier County,                    120067  July 10, 1970,     ......do*.............   Do.
     Unincorporated Areas.                      Emerg; September
                                                14, 1979, Reg;
                                                May 16, 2012,
                                                Susp.
    Everglades City, City of,          125104  July 14, 1970,     ......do..............   Do.
     Collier County.                            Emerg; October
                                                6, 1972, Reg;
                                                May 16, 2012,
                                                Susp.
    Marco Island, City of,             120426  N/A, Emerg;        ......do..............   Do.
     Collier County.                            October 27,
                                                1998, Reg; May
                                                16, 2012, Susp.
    Naples, City of, Collier           125130  May 8, 1970,       ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1971, Reg; May
                                                16, 2012, Susp.
    Seminole Tribe of Florida,         120685  N/A, Emerg; March  ......do..............   Do.
     Collier and Broward                        25, 2002, Reg;
     Counties.                                  May 16, 2012,
                                                Susp.
Mississippi:
    Greenwood, City of, Leflore        280102  June 7, 1973,      ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1980, Reg; May
                                                16, 2012, Susp.
    Itta Bena, City of, Leflore        280103  January 17, 1974,  ......do..............   Do.
     County.                                    Emerg; April 3,
                                                1978, Reg; May
                                                16, 2012, Susp.
    Leflore County,                    280101  August 28, 1973,   ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1979, Reg;
                                                May 16, 2012,
                                                Susp.
    Morgan City, Town of,              280104  March 1, 1974,     ......do..............   Do.
     Leflore County.                            Emerg; April 3,
                                                1978, Reg; May
                                                16, 2012, Susp.
    Schlater, Town of, Leflore         280105  May 3, 1976,       ......do..............   Do.
     County.                                    Emerg; September
                                                27, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Sidon, Town of, Leflore            280106  January 30, 1974,  ......do..............   Do.
     County.                                    Emerg; March 15,
                                                1978, Reg; May
                                                16, 2012, Susp.
 
            Region V
 
Illinois:                        ............                                             ......................
    Catlin, Village of,                170661  August 21, 1975,   ......do..............   Do.
     Vermilion County.                          Emerg; September
                                                4, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Danville, City of,                 170662  June 16, 1975,     ......do..............   Do.
     Vermilion County.                          Emerg; July 18,
                                                1983, Reg; May
                                                16, 2012, Susp.
    Georgetown, City of,               170665  July 10, 1975,     ......do..............   Do.
     Vermilion County.                          Emerg; February
                                                11, 1976, Reg;
                                                May 16, 2012,
                                                Susp.
    Hoopeston, City of,                170667  November 11,       ......do..............   Do.
     Vermilion County.                          1976, Emerg;
                                                July 3, 1985,
                                                Reg; May 16,
                                                2012, Susp.
    Muncie, Village of,                170963  July 11, 1995,     ......do..............   Do.
     Vermilion County.                          Emerg; N/A, Reg;
                                                May 16, 2012,
                                                Susp.
    Potomac, Village of,               170799  September 23,      ......do..............   Do.
     Vermilion County.                          1975, Emerg;
                                                September 18,
                                                1985, Reg; May
                                                16, 2012, Susp.

[[Page 28284]]

 
    Rankin, Village of,                170668  August 1, 1975,    ......do..............   Do.
     Vermilion County.                          Emerg; September
                                                18, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Vermilion County,                  170935  February 28,       ......do..............   Do.
     Unincorporated Areas.                      1991, Emerg;
                                                June 1, 1995,
                                                Reg; May 16,
                                                2012, Susp.
    Westville, Village of,             170671  August 7, 1975,    ......do..............   Do.
     Vermilion County.                          Emerg; August
                                                19, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
Ohio:
    Celina, City of, Mercer            390393  January 22, 1975,  ......do..............   Do.
     County.                                    Emerg; March 18,
                                                1986, Reg; May
                                                16, 2012, Susp.
    Coldwater, Village of,             390394  July 1, 1975,      ......do..............   Do.
     Mercer County.                             Emerg; February
                                                2, 1984, Reg;
                                                May 16, 2012,
                                                Susp.
    Mendon, Village of, Mercer         390671  July 31, 1975,     ......do..............   Do.
     County.                                    Emerg; November
                                                15, 1985, Reg;
                                                May 16, 2012,
                                                Susp.
    Montezuma, Village of,             390396  June 11, 1997,     ......do..............   Do.
     Mercer County.                             Emerg; April 15,
                                                2002, Reg; May
                                                16, 2012, Susp.
    Rockford, Village of,              390397  July 21, 1975,     ......do..............   Do.
     Mercer County.                             Emerg; February
                                                1, 1986, Reg;
                                                May 16, 2012,
                                                Susp.
 
           Region VI
 
Louisiana:.....................
    Mandeville, City of, Saint         220202  March 12, 1974,    ......do..............   Do.
     Tammany Parish.                            Emerg; September
                                                28, 1979, Reg;
                                                May 16, 2012,
                                                Susp.
Texas:
    Brazos County,                     481195  January 13, 1986,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 2,
                                                1992, Reg; May
                                                16, 2012, Susp.
    Bryan, City of, Brazos             480082  May 2, 1974,       ......do..............   Do.
     County.                                    Emerg; May 19,
                                                1981, Reg; May
                                                16, 2012, Susp.
    Wixon Valley, City of,             481636  N/A, Emerg;        ......do..............   Do.
     Brazos County.                             September 4,
                                                2001, Reg; May
                                                16, 2012, Susp.
 
           Region VII
 
Iowa:
    Cerro Gordo County,                190853  December 29,       ......do..............   Do.
     Unincorporated Areas.                      1999, Emerg;
                                                December 1,
                                                2001, Reg; May
                                                16, 2012, Susp.
    Clear Lake, City of, Cerro         190059  August 7, 1975,    ......do..............   Do.
     Gordo County.                              Emerg; August 4,
                                                1987, Reg; May
                                                16, 2012, Susp.
    Mason City, City of, Cerro         190060  March 21, 1975,    ......do..............   Do.
     Gordo County.                              Emerg; December
                                                2, 1980, Reg;
                                                May 16, 2012,
                                                Susp.
    Plymouth, City of, Cerro           190061  May 24, 1991,      ......do..............   Do.
     Gordo County.                              Emerg; January
                                                1, 1992, Reg;
                                                May 16, 2012,
                                                Susp.
    Rock Falls, City of, Cerro         190351  July 4, 1994,      ......do..............   Do.
     Gordo County.                              Emerg; July 1,
                                                1997, Reg; May
                                                16, 2012, Susp.
Missouri:
    Brunswick, City of,                290074  November 12,       ......do..............   Do.
     Chariton County.                           1975, Emerg;
                                                February 2,
                                                1983, Reg; May
                                                16, 2012, Susp.
    Chariton County,                   290073  January 12, 1984,
     Unincorporated Areas.                      Emerg; December
                                                3, 1987, Reg;
                                                May 16, 2012,
                                                Susp.
    Dalton, Village of,                290464  December 2, 1994,  ......do..............   Do.
     Chariton County.                           Emerg; October
                                                10, 2003, Reg;
                                                May 16, 2012,
                                                Susp.
 
           Region IX
 
Nevada:
    Eureka County,                     320028  March 9, 1984,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1988, Reg; May
                                                16, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 28285]]

    Dated: May 1, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-11524 Filed 5-11-12; 8:45 am]
BILLING CODE 9110-12-P


