
[Federal Register Volume 77, Number 242 (Monday, December 17, 2012)]
[Rules and Regulations]
[Pages 74607-74610]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30260]


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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-8259]


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 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

[[Page 74608]]

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
                                          Community   authorization/cancellation                                       Date certain  Federal assistance
          State and location                 No.      of sale of flood insurance      Current effective map date         no longer available in SFHAs
                                                             in community
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              Region III
 
Virginia:
    Chesterfield County,                      510035  January 26, 1973, Emerg;    December 18, 2012.................  December 18, 2012.
     Unincorporated Areas.                             March 16, 1983, Reg;
                                                       December 18, 2012, Susp.
               Region IV
 
Florida:
    Astatula, Town of, Lake County....        120581  N/A, Emerg; March 4, 1998,  December 18, 2012.................  December 18, 2012.
                                                       Reg; December 18, 2012,
                                                       Susp.
    Clermont, City of, Lake County....        120133  February 18, 1975, Emerg;   ......do*.........................   Do.
                                                       August 15, 1984, Reg;
                                                       December 18, 2012, Susp.
    Eustis, City of, Lake County......        120134  May 30, 1975, Emerg; June   ......do..........................   Do.
                                                       4, 1987, Reg; December
                                                       18, 2012, Susp.
    Fruitland Park, City of, Lake             120387  July 17, 1975, Emerg;       ......do..........................   Do.
     County.                                           September 5, 1984, Reg;
                                                       December 18, 2012, Susp.
    Groveland, City of, Lake County...        120135  May 16, 1975, Emerg;        ......do..........................   Do.
                                                       September 5, 1984, Reg;
                                                       December 18, 2012, Susp.
    Howey in the Hills, Town of, Lake         120585  July 18, 1979, Emerg;       ......do..........................   Do.
     County.                                           August 15, 1984, Reg;
                                                       December 18, 2012, Susp.
    Lady Lake, Town of, Lake County...        120613  November 14, 1984, Emerg;   ......do..........................   Do.
                                                       November 14, 1984, Reg;
                                                       December 18, 2012, Susp.
    Lake County, Unincorporated Areas.        120421  December 21, 1978, Emerg;   ......do..........................   Do.
                                                       April 1, 1982, Reg;
                                                       December 18, 2012, Susp.
    Leesburg, City of, Lake County....        120136  July 23, 1975, Emerg; July  ......do..........................   Do.
                                                       18, 1985, Reg; December
                                                       18, 2012, Susp.
    Mascotte, City of, Lake County....        120591  December 18, 1984, Emerg;   ......do..........................   Do.
                                                       December 18, 1984, Reg;
                                                       December 18, 2012, Susp.
    Minneola, City of, Lake County....        120412  January 24, 1977, Emerg;    ......do..........................   Do.
                                                       August 15, 1984, Reg;
                                                       December 18, 2012, Susp.
    Montverde, Town of, Lake County...        120614  N/A, Emerg; June 11, 1991,  ......do..........................   Do.
                                                       Reg; December 18, 2012,
                                                       Susp.
    Mount Dora, City of, Lake County..        120137  February 3, 1975, Emerg;    ......do..........................   Do.
                                                       April 5, 1988, Reg;
                                                       December 18, 2012, Susp.

[[Page 74609]]

 
    Tavares, City of, Lake County.....        120138  May 15, 1975, Emerg; March  ......do..........................   Do.
                                                       16, 1988, Reg; December
                                                       18, 2012, Susp.
    Umatilla, City of, Lake County....        120139  June 13, 1975, Emerg;       ......do..........................   Do.
                                                       April 3, 1989, Reg;
                                                       December 18, 2012, Susp.
               Region V
 
Wisconsin:
    Marquette County, Unincorporated          550601  N/A, Emerg; January 27,     ......do..........................   Do.
     Areas..                                           1992, Reg; December 18,
                                                       2012, Susp.
    Montello, City of, Marquette              550266  June 5, 1975, Emerg;        ......do..........................   Do.
     County.                                           November 16, 1990, Reg;
                                                       December 18, 2012, Susp.
    Neshkoro, Village of, Marquette           550267  July 21, 1975, Emerg;       ......do..........................   Do.
     County.                                           September 1, 1988, Reg;
                                                       December 18, 2012, Susp.
    Oxford, Village of, Marquette             550268  October 22, 1975, Emerg;    ......do..........................   Do.
     County.                                           August 16, 1988, Reg;
                                                       December 18, 2012, Susp.
    Westfield, Village of, Marquette          550269  June 26, 1975, Emerg;       ......do..........................   Do.
     County.                                           January 17, 1991, Reg;
                                                       December 18, 2012, Susp.
               Region VI
 
Arkansas:
    Black Rock, City of, Lawrence             050118  June 18, 1975, Emerg;       ......do..........................   Do.
     County.                                           January 3, 1986, Reg;
                                                       December 18, 2012, Susp.
    Hoxie, City of, Lawrence County...        050119  April 14, 1975, Emerg;      ......do..........................   Do.
                                                       April 15, 1980, Reg;
                                                       December 18, 2012, Susp.
    Imboden, Town of, Lawrence County.        050120  December 28, 1982, Emerg;   ......do..........................   Do.
                                                       September 4, 1985, Reg;
                                                       December 18, 2012, Susp.
    Lawrence County, Unincorporated           050443  August 30, 1982, Emerg;     ......do..........................   Do.
     Areas..                                           June 3, 1991, Reg;
                                                       December 18, 2012, Susp.
    Portia, Town of, Lawrence County..        050121  May 5, 1975, Emerg; August  ......do..........................   Do.
                                                       31, 1982, Reg; December
                                                       18, 2012, Susp.
    Powhatan, Town of, Lawrence County        050572  August 17, 1978, Emerg;     ......do..........................   Do.
                                                       March 22, 1982, Reg;
                                                       December 18, 2012, Susp.
    Ravenden, Town of, Lawrence County        050470  December 22, 1982, Emerg;   ......do..........................   Do.
                                                       August 19, 1985, Reg;
                                                       December 18, 2012, Susp.
    Sedgwick, Town of, Lawrence County        050576  February 1, 1988, Emerg;    ......do..........................   Do.
                                                       June 16, 2009, Reg;
                                                       December 18, 2012, Susp.
    Walnut Ridge, City of, Lawrence           050122  June 4, 1975, Emerg;        ......do..........................   Do.
     County.                                           August 1, 1987, Reg;
                                                       December 18, 2012, Susp.
              Region VII
 
Iowa:
    Coulter, City of, Franklin County.        190388  September 3, 2010, Emerg;   ......do..........................   Do.
                                                       N/A, Reg; December 18,
                                                       2012, Susp.
    Franklin County, Unincorporated           190867  January 13, 2010, Emerg; N/ ......do..........................   Do.
     Areas..                                           A, Reg; December 18,
                                                       2012, Susp.
    Hampton, City of, Franklin County.        190131  August 16, 1974, Emerg;     ......do..........................   Do.
                                                       May 1, 1979, Reg;
                                                       December 18, 2012, Susp.
    Sheffield, City of, Franklin              190132  November 21, 1990, Emerg;   ......do..........................   Do.
     County.                                           July 1, 1991, Reg;
                                                       December 18, 2012, Susp.
              Region VIII
 
Colorado:
    Boulder, City of, Boulder County..        080024  April 16, 1971, Emerg;      ......do..........................   Do.
                                                       July 17, 1978, Reg;
                                                       December 18, 2012, Susp.
    Boulder County, Unincorporated            080023  May 14, 1971, Emerg;        ......do..........................   Do.
     Areas..                                           February 1, 1979, Reg;
                                                       December 18, 2012, Susp.
    Erie, Town of, Boulder County.....        080181  July 22, 1975, Emerg;       ......do..........................   Do.
                                                       October 17, 1978, Reg;
                                                       December 18, 2012, Susp.
    Jamestown, Town of, Boulder County        080216  June 25, 1975, Emerg; July  ......do..........................   Do.
                                                       18, 1983, Reg; December
                                                       18, 2012, Susp.

[[Page 74610]]

 
    Lafayette, City of, Boulder County        080026  August 7, 1975, Emerg;      ......do..........................   Do.
                                                       March 18, 1980, Reg;
                                                       December 18, 2012, Susp.
    Longmont, City of, Boulder County.        080027  November 26, 1971, Emerg;   ......do..........................   Do.
                                                       July 5, 1977, Reg;
                                                       December 18, 2012, Susp.
    Louisville, City of, Boulder              085076  March 3, 1972, Emerg; May   ......do..........................   Do.
     County.                                           4, 1973, Reg; December
                                                       18, 2012, Susp.
    Nederland, Town of, Boulder County        080255  May 2, 1977, Emerg; August  ......do..........................   Do.
                                                       1, 1979, Reg; December
                                                       18, 2012, Susp.
    Superior, Town of, Boulder County.        080203  July 15, 1975, Emerg;       ......do..........................   Do.
                                                       September 28, 1979, Reg;
                                                       December 18, 2012, Susp.
    Utah: Annabella, Town of, Sevier          490122  April 14, 1976, Emerg;      ......do..........................   Do.
     County.                                           October 30, 1979, Reg;
                                                       December 18, 2012, Susp.
    Central Valley, Town of, Sevier           495519  November 17, 2011, Emerg;   ......do..........................   Do.
     County.                                           N/A, Reg; December 18,
                                                       2012, Susp.
    Elsinore, Town of, Sevier County..        490125  September 26, 1975, Emerg;  ......do..........................   Do.
                                                       August 14, 1979, Reg;
                                                       December 18, 2012, Susp.
    Joseph, Town of, Sevier County....        490127  March 23, 1976, Emerg;      ......do..........................   Do.
                                                       August 28, 1979, Reg;
                                                       December 18, 2012, Susp.
    Koosharem, Town of, Sevier County.        490128  July 16, 1979, Emerg;       ......do..........................   Do.
                                                       February 2, 1984, Reg;
                                                       December 18, 2012, Susp.
    Richfield, City of, Sevier County.        490131  September 26, 1974, Emerg;  ......do..........................   Do.
                                                       September 29, 1986, Reg;
                                                       December 18, 2012, Susp.
    Sevier County, Unincorporated             490121  November 14, 1975, Emerg;   ......do..........................   Do.
     Areas..                                           July 1, 1986, Reg;
                                                       December 18, 2012, Susp.
               Region IX
 
California:
    Tulare County, Unincorporated             065066  January 29, 1971, Emerg;    ......do..........................   Do.
     Areas..                                           September 29, 1986, Reg;
                                                       December 18, 2012, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: November 26, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-30260 Filed 12-14-12; 8:45 am]
BILLING CODE 9110-12-P


