[Federal Register Volume 77, Number 13 (Friday, January 20, 2012)]
[Rules and Regulations]
[Pages 2912-2916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1103]


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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-8215]


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 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

[[Page 2913]]

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
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
----------------------------------------------------------------------------------------------------------------
          Region III
 
Maryland: Baltimore, City of,         240087  December 3, 1971,   Feb. 2, 2012..........  Feb. 2, 2012.
 Independent City.                             Emerg; March 15,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
West Virginia:
    Auburn, Town of, Ritchie          540262  April 7, 1975,      ......do *............   Do.
     County.                                   Emerg; September
                                               24, 1984, Reg;
                                               February 2, 2012,
                                               Susp.
    Bancroft, Town of, Putnam         540165  July 1, 1975,       ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1985, Reg;
                                               February 2, 2012,
                                               Susp.
    Buffalo, Town of, Putnam          540166  July 16, 1975,      ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1985, Reg;
                                               February 2, 2012,
                                               Susp.
    Cairo, Town of, Ritchie           540179  August 27, 1975,    ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1991, Reg;
                                               February 2, 2012,
                                               Susp.
    Eleanor, Town of, Putnam          540222  June 23, 1975,      ......do..............   Do.
     County.                                   Emerg; February
                                               6, 1984, Reg;
                                               February 2, 2012,
                                               Susp.
    Ellenboro, Town of,               540180  August 21, 1975,    ......do..............   Do.
     Ritchie County.                           Emerg; August 24,
                                               1984, Reg;
                                               February 2, 2012,
                                               Susp.
    Harrisville, Town of,             540132  N/A, Emerg;         ......do..............   Do.
     Ritchie County.                           February 7, 2006,
                                               Reg; February 2,
                                               2012, Susp.
    Hurricane, City of, Putnam        540167  July 11, 1975,      ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1986, Reg;
                                               February 2, 2012,
                                               Susp.
    Pennsboro, City of,               540182  July 2, 1975,       ......do..............   Do.
     Ritchie County.                           Emerg; September
                                               16, 1988, Reg;
                                               February 2, 2012,
                                               Susp.
    Poca, Town of, Putnam             540168  April 17, 1975,     ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1985, Reg;
                                               February 2, 2012,
                                               Susp.
    Pullman, Town of, Ritchie         540263  September 22,       ......do..............   Do.
     County.                                   1977, Emerg;
                                               September 10,
                                               1984, Reg;
                                               February 2, 2012,
                                               Susp.
    Putnam County,                    540164  May 11, 1976,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 18,
                                               1987, Reg;
                                               February 2, 2012,
                                               Susp.
    Ritchie County,                   540224  September 1, 1976,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 1,
                                               1991, Reg;
                                               February 2, 2012,
                                               Susp.
    Winfield, Town of, Putnam         540271  June 10, 1975,      ......do..............   Do.
     County.                                   Emerg; December
                                               18, 1985, Reg;
                                               February 2, 2012,
                                               Susp.
 
           Region IV
 
Florida:
    Brooksville, City of,             120333  October 30, 1974,   ......do..............   Do.
     Hernando County.                          Emerg; June 1,
                                               1982, Reg;
                                               February 2, 2012,
                                               Susp.
    Crescent City, City of,           120408  November 28, 1975,  ......do..............   Do.
     Putnam County.                            Emerg; December
                                               18, 1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Hernando County,                  120110  August 27, 1974,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 17,
                                               1984, Reg;
                                               February 2, 2012,
                                               Susp.
    Interlachen, Town of,             120391  July 24, 1975,      ......do..............   Do.
     Putnam County.                            Emerg; December
                                               4, 1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Palatka, City of, Putnam          120273  January 20, 1975,   ......do..............   Do.
     County.                                   Emerg; June 4,
                                               1980, Reg;
                                               February 2, 2012,
                                               Susp.
    Pomona Park, Town of,             120418  July 9, 1976,       ......do..............   Do.
     Putnam County.                            Emerg; December
                                               4, 1979, Reg;
                                               February 2, 2012,
                                               Susp.

[[Page 2914]]

 
    Putnam County,                    120272  November 15, 1973,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               16, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Weeki Wachee, City of,            120413  June 30, 1998,      ......do..............   Do.
     Hernando County.                          Emerg; N/A, Reg;
                                               February 2, 2012,
                                               Susp.
Mississippi:
    Coahoma County,                   280038  August 9, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               1, 1980, Reg;
                                               February 2, 2012,
                                               Susp.
    Clarksdale, City of,              280039  April 2, 1974,      ......do..............   Do.
     Coahoma County.                           Emerg; March 4,
                                               1980, Reg;
                                               February 2, 2012,
                                               Susp.
    Coahoma, Town of, Coahoma         285264  February 26, 2009,  ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               February 2, 2012,
                                               Susp.
    Friar's Point, Town of,           280040  August 26, 1975,    ......do..............   Do.
     Coahoma County.                           Emerg; August 19,
                                               1987, Reg;
                                               February 2, 2012,
                                               Susp.
    Jonestown, Town of,               280041  July 28, 1975,      ......do..............   Do.
     Coahoma County.                           Emerg; September
                                               28, 1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Lula, Town of, Coahoma            280042  May 22, 1975,       ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg;
                                               February 2, 2012,
                                               Susp.
 
           Region V
 
Indiana:
    Crawfordsville, City of,          180171  March 24, 1975,     ......do..............   Do.
     Montgomery County.                        Emerg; February
                                               1, 1994, Reg;
                                               February 2, 2012,
                                               Susp.
    Darlington, Town of,              180321  May 1, 1975,        ......do..............   Do.
     Montgomery County.                        Emerg; May 25,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
    Montgomery County,                180445  June 11, 1997,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               1998, Reg;
                                               February 2, 2012,
                                               Susp.
    Waynetown, Town of,               180175  February 9, 2000,   ......do..............   Do.
     Montgomery County.                        Emerg; N/A, Reg;
                                               February 2, 2012,
                                               Susp.
Michigan:
    Allen Park, City of, Wayne        260217  March 23, 1973,     ......do..............   Do.
     County.                                   Emerg; February
                                               17, 1982, Reg;
                                               February 2, 2012,
                                               Susp.
    Brownstown, Charter               260218  August 23, 1974,    ......do..............   Do.
     Township of, Wayne County.                Emerg; August 16,
                                               1982, Reg;
                                               February 2, 2012,
                                               Susp.
    Canton, Township of, Wayne        260219  April 14, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               2, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Dearborn, City of, Wayne          260220  March 9, 1973,      ......do..............   Do.
     County.                                   Emerg; April 20,
                                               1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Dearborn Heights, City of,        260221  January 12, 1973,   ......do..............   Do.
     Wayne County.                             Emerg; May 2,
                                               1983, Reg;
                                               February 2, 2012,
                                               Susp.
    Detroit, City of, Wayne           260222  February 2, 1973,   ......do..............   Do.
     County.                                   Emerg; July 2,
                                               1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Ecorse, City of, Wayne            260223  August 1, 1973,     ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
    Flat Rock, City of, Wayne         260224  August 15, 1975,    ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Gibraltar, City of, Wayne         260226  February 9, 1973,   ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Grosse Ile, Township of,          260227  February 23, 1973,  ......do..............   Do.
     Wayne County.                             Emerg; August 1,
                                               1980, Reg;
                                               February 2, 2012,
                                               Susp.
    Grosse Pointe, City of,           260228  February 16, 1973,  ......do..............   Do.
     Wayne County.                             Emerg; September
                                               1, 1988, Reg;
                                               February 2, 2012,
                                               Susp.
    Grosse Pointe Farms, City         260229  February 9, 1973,   ......do..............   Do.
     of, Wayne County.                         Emerg; December
                                               10, 1982, Reg;
                                               February 2, 2012,
                                               Susp.
    Grosse Pointe Park, City          260230  December 8, 1972,   ......do..............   Do.
     of, Wayne County.                         Emerg; January 3,
                                               1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Grosse Pointe Shores,             260250  December 22, 1972,  ......do..............   Do.
     Village of, Wayne County.                 Emerg; January 3,
                                               1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Huron, Township of, Wayne         260545  May 28, 1982,       ......do..............   Do.
     County.                                   Emerg; October
                                               17, 1986, Reg;
                                               February 2, 2012,
                                               Susp.
    Inkster, City of, Wayne           260232  February 23, 1973,  ......do..............   Do.
     County.                                   Emerg; March 2,
                                               1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Lincoln Park, City of,            260234  May 16, 1974,       ......do..............   Do.
     Wayne County.                             Emerg; November
                                               17, 1982, Reg;
                                               February 2, 2012,
                                               Susp.
    Livonia, City of, Wayne           260233  February 16, 1973,  ......do..............   Do.
     County.                                   Emerg; November
                                               4, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Northville, City of, Wayne        260235  March 29, 1976,     ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Northville, Township of,          260669  December 23, 1977,  ......do..............   Do.
     Wayne County.                             Emerg; September
                                               16, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Plymouth, Charter Township        260237  August 6, 1975,     ......do..............   Do.
     of, Wayne County.                         Emerg; March 2,
                                               1981, Reg;
                                               February 2, 2012,
                                               Susp.

[[Page 2915]]

 
    Plymouth, City of, Wayne          260236  August 6, 1975,     ......do..............   Do.
     County.                                   Emerg; February
                                               18, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Redford, Township of,             260238  November 26, 1971,  ......do..............   Do.
     Wayne County.                             Emerg; March 16,
                                               1981, Reg;
                                               February 2, 2012,
                                               Susp.
    River Rouge, City of,             260239  May 12, 1973,       ......do..............   Do.
     Wayne County.                             Emerg; January 5,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
    Riverview, City of, Wayne         260240  October 8, 1976,    ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Rockwood, City of, Wayne          260241  April 24, 1973,     ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1979, Reg;
                                               February 2, 2012,
                                               Susp.
    Southgate, City of, Wayne         260242  May 14, 1973,       ......do..............   Do.
     County.                                   Emerg; September
                                               15, 1978, Reg;
                                               February 2, 2012,
                                               Susp.
    Sumpter, Township of,             260243  September 3, 1976,  ......do..............   Do.
     Wayne County.                             Emerg; May 5,
                                               1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Taylor, City of, Wayne            260728  November 25, 1986,  ......do..............   Do.
     County.                                   Emerg; November
                                               25, 1986, Reg;
                                               February 2, 2012,
                                               Susp.
    Trenton, City of, Wayne           260244  March 30, 1973,     ......do..............   Do.
     County.                                   Emerg; August 17,
                                               1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Wayne, City of, Wayne             260245  April 3, 1975,      ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1980, Reg;
                                               February 2, 2012,
                                               Susp.
    Westland, City of, Wayne          260739  January 22, 1985,   ......do..............   Do.
     County.                                   Emerg; January
                                               22, 1985, Reg;
                                               February 2, 2012,
                                               Susp.
    Woodhaven, City of, Wayne         260730  April 24, 1989,     ......do..............   Do.
     County.                                   Emerg; April 24,
                                               1989, Reg;
                                               February 2, 2012,
                                               Susp.
Wisconsin:
    Douglas County,                   550538  April 26, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               4, 1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Lake Nebagamon, Village           550112  June 5, 1975,       ......do..............   Do.
     of, Douglas County.                       Emerg; August 15,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
    Oliver, Village of,               550113  April 17, 1984,     ......do..............   Do.
     Douglas County.                           Emerg; N/A, Reg;
                                               February 2, 2012,
                                               Susp.
    Poplar, Village of,               550114  September 1, 1976,  ......do..............   Do.
     Douglas County.                           Emerg; September
                                               1, 1986, Reg;
                                               February 2, 2012,
                                               Susp.
    Solon Springs, Village of,        550115  July 24, 1975,      ......do..............   Do.
     Douglas County.                           Emerg; August 15,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
    Superior, City of, Douglas        550116  November 21, 1973,  ......do..............   Do.
     County.                                   Emerg; April 3,
                                               1978, Reg;
                                               February 2, 2012,
                                               Susp.
 
           Region VI
Arkansas:
    Amity, City of, Clark             050303  July 27, 2011,      ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               February 2, 2012,
                                               Susp.
    Arkadelphia, City of,             050029  August 16, 1974,    ......do..............   Do.
     Clark County.                             Emerg; April 15,
                                               1981, Reg;
                                               February 2, 2012,
                                               Susp.
    Caddo Valley, Town of,            050567  December 10, 1982,  ......do..............   Do.
     Clark County.                             Emerg; May 1,
                                               1985, Reg;
                                               February 2, 2012,
                                               Susp.
    Gurdon, City of, Clark            050239  September 8, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1985, Reg;
                                               February 2, 2012,
                                               Susp.
    Kingsland, City of,               050039  April 11, 1975,     ......do..............   Do.
     Cleveland County.                         Emerg; October
                                               12, 1982, Reg;
                                               February 2, 2012,
                                               Susp.
           Region X
 
Oregon:
    Crook County,                     410050  February 14, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 17,
                                               1989, Reg;
                                               February 2, 2012,
                                               Susp.
    Prineville, City of, Crook        410051  January 30, 1975,   ......do..............   Do.
     County.                                   Emerg; July 17,
                                               1989, Reg;
                                               February 2, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.



[[Page 2916]]

    Dated: January 12, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-1103 Filed 1-19-12; 8:45 am]
BILLING CODE 9110-12-P