[Federal Register Volume 77, Number 68 (Monday, April 9, 2012)]
[Rules and Regulations]
[Pages 20988-20991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8391]
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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-8225]
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: 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.
[[Page 20989]]
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 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
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Region II
New York:
Barton, Town of, Tioga 360832 September 2, 1975, April 17, 2012........ April 17, 2012
County. Emerg; June 15,
1982, Reg; April
17, 2012, Susp.
Berkshire, Town of, Tioga 361215 August 8, 1977, ......do.............. Do.
County. Emerg; May 15,
1985, Reg; April
17, 2012, Susp.
Candor, Town of, Tioga 360833 July 30, 1976, ......do.............. Do.
County. Emerg; August 19,
1986, Reg; April
17, 2012, Susp.
Candor, Village of, Tioga 360834 July 21, 1975, ......do.............. Do.
County. Emerg; October 1,
1991, Reg; April
17, 2012, Susp.
Newark Valley, Town of, 360835 June 25, 1973, ......do.............. Do.
Tioga County. Emerg; February
3, 1982, Reg;
April 17, 2012,
Susp.
Newark Valley, Village of, 360836 September 2, 1976, ......do.............. Do.
Tioga County. Emerg; February
3, 1982, Reg;
April 17, 2012,
Susp.
Nichols, Town of, Tioga 360837 August 6, 1975, ......do.............. Do.
County. Emerg; February
17, 1982, Reg;
April 17, 2012,
Susp.
Nichols, Village of, Tioga 360838 September 2, 1976, ......do.............. Do.
County. Emerg; September
29, 1986, Reg;
April 17, 2012,
Susp.
Owego, Town of, Tioga 360839 December 29, 1972, ......do.............. Do.
County. Emerg; June 15,
1977, Reg; April
17, 2012, Susp.
Owego, Village of, Tioga 360840 December 22, 1972, ......do.............. Do.
County. Emerg; May 16,
1977, Reg; April
17, 2012, Susp.
Richford, Town of, Tioga 361216 August 10, 1976, ......do.............. Do.
County. Emerg; May 15,
1985, Reg; April
17, 2012, Susp.
Spencer, Town of, Tioga 360841 October 16, 1975, ......do.............. Do.
County. Emerg; May 15,
1985, Reg; April
17, 2012, Susp.
[[Page 20990]]
Spencer, Village of, Tioga 361471 December 16, 1976, ......do.............. Do.
County. Emerg; May 15,
1985, Reg; April
17, 2012, Susp.
Tioga, Town of, Tioga 360842 August 15, 1975, ......do.............. Do.
County. Emerg; May 17,
1982, Reg; April
17, 2012, Susp.
Waverly, Village of, Tioga 361343 June 27, 1974, ......do.............. Do.
County. Emerg; March 16,
1983, Reg; April
17, 2012, Susp.
Region IV
Georgia:
East Ellijay, City of, 130089 July 3, 1975, ......do.............. Do.
Gilmer County. Emerg; November
3, 1999, Reg;
April 17, 2012,
Susp.
Ellijay, City of, Gilmer 130090 April 22, 1975, ......do.............. Do.
County. Emerg; August 15,
1990, Reg; April
17, 2012, Susp.
Gilmer County, 130317 October 29, 1982, ......do.............. Do.
Unincorporated Areas. Emerg; August 15,
1990, Reg; April
17, 2012, Susp.
Tennessee:
Gallatin, City of, Sumner 470185 May 27, 1975, ......do.............. Do.
County. Emerg; August 3,
1981, Reg; April
17, 2012, Susp.
Goodlettsville, City of, 470287 April 21, 1975, ......do.............. Do.
Sumner County. Emerg; June 15,
1981, Reg; April
17, 2012, Susp.
Hendersonville, City of, 470186 May 28, 1974, ......do.............. Do.
Sumner County. Emerg; November
4, 1981, Reg;
April 17, 2012,
Susp.
Millersville, City of, 470388 August 30, 1982, ......do.............. Do.
Sumner County. Emerg; June 15,
1984, Reg; April
17, 2012, Susp.
Portland, City of, Sumner 470187 February 14, 1975, ......do.............. Do.
County. Emerg; August 4,
1987, Reg; April
17, 2012, Susp.
Sumner County, 470349 August 5, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 19,
1985, Reg; April
17, 2012, Susp.
Westmoreland, Town of, 470415 N/A, Emerg; May ......do.............. Do.
Sumner County. 19, 2005, Reg;
April 17, 2012,
Susp.
White House, City of, 470339 May 13, 1975, ......do.............. Do.
Sumner County. Emerg; June 1,
1988, Reg; April
17, 2012, Susp.
Region V
Michigan:
Grayling, City of, Crawford 260901 May 21, 1992, ......do.............. Do.
County. Emerg; June 25,
1992, Reg; April
17, 2012, Susp.
South Branch, Township of, 261021 May 6, 1998, ......do.............. Do.
Crawford County. Emerg; N/A, Reg;
April 17, 2012,
Susp.
Minnesota:
Barnesville, City of, Clay 270078 May 2, 1974, ......do.............. Do.
County. Emerg; March 2,
1981, Reg; April
17, 2012, Susp.
Center City, City of, 270685 September 5, 1975, ......do.............. Do.
Chisago County. Emerg; January
28, 1983, Reg;
April 17, 2012,
Susp.
Chisago, City of, Chisago 270707 June 28, 1982, ......do.............. Do.
County. Emerg; January 7,
1983, Reg; April
17, 2012, Susp.
Chisago County, 270682 September 4, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; April 18,
1983, Reg; April
17, 2012, Susp.
Clay County, Unincorporated 275235 August 7, 1970, ......do.............. Do.
Areas. Emerg; May 5,
1972, Reg; April
17, 2012, Susp.
Dilworth, City of, Clay 270080 March 20, 1974, ......do.............. Do.
County. Emerg; May 19,
1981, Reg; April
17, 2012, Susp.
Georgetown, City of, Clay 270082 March 20, 1975, ......do.............. Do.
County. Emerg; July 18,
1983, Reg; April
17, 2012, Susp.
Glyndon, City of, Clay 270083 September 26, ......do.............. Do.
County. 1975, Emerg;
March 2, 1981,
Reg; April 17,
2012, Susp.
Hawley, City of, Clay 270084 April 22, 1974, ......do.............. Do.
County. Emerg; March 16,
1981, Reg; April
17, 2012, Susp.
Lindstrom, City of, Chisago 270683 September 4, 1975, ......do.............. Do.
County. Emerg; January 7,
1983, Reg; April
17, 2012, Susp.
Moorhead, City of, Clay 275244 March 19, 1971, ......do.............. Do.
County. Emerg; February
18, 1972, Reg;
April 17, 2012,
Susp.
North Branch, City of, 270072 September 15, ......do.............. Do.
Chisago County. 1987, Emerg; May
19, 1997, Reg;
April 17, 2012,
Susp.
Stacy, City of, Chisago 270074 October 8, 1975, ......do.............. Do.
County. Emerg; July 6,
1984, Reg; April
17, 2012, Susp.
Wyoming, City of, Chisago 270076 N/A, Emerg; August ......do.............. Do.
County. 30, 2010, Reg;
April 17, 2012,
Susp.
Region VI
Arkansas:
Russellville, City of, Pope 050178 July 17, 1970, ......do.............. Do.
County. Emerg; July 18,
1970, Reg; April
17, 2012, Susp.
[[Page 20991]]
Oklahoma:
Bixby, City of, Wagoner 400207 March 6, 1974, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
April 17, 2012,
Susp.
Broken Arrow, City of, 400236 November 27, 1974, ......do.............. Do.
Wagoner County. Emerg; August 17,
1981, Reg; April
17, 2012, Susp.
Catoosa, City of, Wagoner 400185 January 8, 1976, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; April
17, 2012, Susp.
Coweta, City of, Wagoner 400216 March 21, 1978, ......do.............. Do.
County. Emerg; September
18, 1986, Reg;
April 17, 2012,
Susp.
Okay, Town of, Wagoner 400217 July 8, 1977, ......do.............. Do.
County. Emerg; September
28, 1982, Reg;
April 17, 2012,
Susp.
Porter, Town of, Wagoner 400434 September 28, ......do.............. Do.
County. 1977, Emerg;
January 26, 1983,
Reg; April 17,
2012, Susp.
Red Bird, Town of, Wagoner 400321 October 21, 1976, ......do.............. Do.
County. Emerg; October 9,
1979, Reg; April
17, 2012, Susp.
Tulsa, City of, Wagoner 405381 November 20, 1970, ......do.............. Do.
County. Emerg; August 13,
1971, Reg; April
17, 2012, Susp.
Wagoner, City of, Wagoner 400219 January 14, 1976, ......do.............. Do.
County. Emerg; October
19, 1982, Reg;
April 17, 2012,
Susp.
Wagoner County, 400215 July 15, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; December
2, 1988, Reg;
April 17, 2012,
Susp.
Texas:
Emory, Town of, Rains 480977 September 13, ......do.............. Do.
County. 2002, Emerg; N/A,
Reg; April 17,
2012, Susp.
Point, City of, Rains 481156 September 21, ......do.............. Do.
County. 1981, Emerg;
April 17, 1985,
Reg; April 17,
2012, Susp.
Rains County, 480975 January 15, 2003, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
April 17, 2012,
Susp.
Region VIII
South Dakota:
Deadwood, City of, Lawrence 460045 November 26, 1974, ......do.............. Do.
County. Emerg; February
3, 1982, Reg;
April 17, 2012,
Susp.
Lawrence County, 460094 April 30, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1990, Reg; April
17, 2012, Susp.
Lead, City of, Lawrence 460190 September 20, ......do.............. Do.
County. 1999, Emerg; N/A,
Reg; April 17,
2012, Susp.
Spearfish, City of, 460046 October 30, 1974, ......do.............. Do.
Lawrence County. Emerg; September
2, 1981, Reg;
April 17, 2012,
Susp.
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*......do =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: March 27, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-8391 Filed 4-6-12; 8:45 am]
BILLING CODE 9110-12-P