
[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
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 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:
    Espa[ntilde]ola, 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


