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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8237]

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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 theprogram. 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 theFederal Registeron a subsequent date.
DATES: Effective Dates:The effective date of each community's scheduled suspension is the third date ("Susp.") listed in the third column of the following tables.
FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended on the suspension date or for further information, contact David Stearrett, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-2953.
SUPPLEMENTARY INFORMATION:

The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in theFederal 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. 3501et seq.

List of Subjects in 44 CFR Part 64

Flood insurance, Floodplains.

Accordingly, 44 CFR part 64 is amended as follows:

PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: Authority:

42 U.S.C. 4001et 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.

§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows: State and location Community No. Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs Region I Massachusetts: Abington, Town of, Plymouth County 250259 March 6, 1974, Emerg; September 30, 1977, Reg; July 17, 2012, Susp July 17, 2012 July 17, 2012. Bellingham, Town of, Norfolk County 250232 July 25, 1975, Emerg; December 15, 1982, Reg; July 17, 2012, Susp ......do Do. Braintree, Town of, Norfolk County 250233 November 10, 1972, Emerg; June 1, 1978, Reg; July 17, 2012, Susp ......do Do. Bridgewater, Town of, Plymouth County 250260 November 28, 1975, Emerg; May 17, 1982, Reg; July 17, 2012, Susp ......do Do. Brockton, Town of, Plymouth County 250261 January 21, 1974, Emerg; March 1, 1979, Reg; July 17, 2012, Susp ......do Do. Brookline, Town of, Norfolk County 250234 March 24, 1972, Emerg; May 2, 1977, Reg; July 17, 2012, Susp ......do Do. Carver, Town of, Plymouth County 250262 July 29, 1975, Emerg; July 19, 1982, Reg; July 17, 2012, Susp ......do Do. Dedham, Town of, Norfolk County 250237 September 6, 1974, Emerg; December 1, 1978, Reg; July 17, 2012, Susp ......do Do. Duxbury, Town of, Plymouth County 250263 September 29, 1972, Emerg; May 2, 1977, Reg; July 17, 2012, Susp ......do Do. East Bridgewater, Town of, Plymouth County 250264 July 23, 1975, Emerg; July 2, 1981, Reg; July 17, 2012, Susp ......do Do. Foxborough, Town of, Norfolk County 250239 June 20, 1975, Emerg; December 4, 1979, Reg; July 17, 2012, Susp ......do Do. Franklin, Town of, Norfolk County 250240 June 13, 1975, Emerg; February 17, 1982, Reg; July 17, 2012, Susp ......do Do. Hanover, Town of, Plymouth County 250266 July 9, 1975, Emerg; December 15, 1982, Reg; July 17, 2012, Susp ......do Do. Hanson, Town of, Plymouth County 250267 April 3, 1975, Emerg; January 20, 1982, Reg; July 17, 2012, Susp ......do Do. Hull, Town of, Plymouth County 250269 December 29, 1972, Emerg; May 2, 1983, Reg; July 17, 2012, Susp ......do Do. Lakeville, Town of, Plymouth County 250271 April 15, 1975, Emerg; June 4, 1980, Reg; July 17, 2012, Susp ......do Do. Marion, Town of, Plymouth County 255213 October 8, 1971, Emerg; April 6, 1973, Reg; July 17, 2012, Susp ......do Do. Medfield, Town of, Norfolk County 250242 September 6, 1974, Emerg; July 16, 1979, Reg; July 17, 2012, Susp ......do Do. Medway, Town of, Norfolk County 250243 August 11, 1975, Emerg; June 18, 1980, Reg; July 17, 2012, Susp ......do Do. Middleborough, Town of, Plymouth County 250275 May 28, 1975, Emerg; September 16, 1981, Reg; July 17, 2012, Susp ......do Do. Needham, Town of, Norfolk County 255215 June 25, 1971, Emerg; April 13, 1973, Reg; July 17, 2012, Susp ......do Do. Norfolk, Town of, Norfolk County 255217 July 10, 1970, Emerg; August 20, 1971, Reg; July 17, 2012, Susp ......do Do. Norwell, Town of, Plymouth County 250276 July 9, 1975, Emerg; July 19, 1982, Reg; July 17, 2012, Susp ......do Do. Norwood, Town of, Norfolk County 250248 July 2, 1975, Emerg; February 1, 1980, Reg; July 17, 2012, Susp ......do Do. Plainville, Town of, Norfolk County 250249 October 29, 1974, Emerg; July 2, 1981, Reg; July 17, 2012, Susp ......do Do. Quincy, City of, Norfolk County 255219 June 19, 1970, Emerg; September 21, 1973, Reg; July 17, 2012, Susp ......do Do. Randolph, Town of, Norfolk County 250251 October 15, 1971, Emerg; May 1, 1978, Reg; July 17, 2012, Susp ......do Do. Rockland, Town of, Plymouth County 250281 July 24, 1975, Emerg; July 19, 1982, Reg; July 17, 2012, Susp ......do Do. Stoughton, Town of, Norfolk County 250253 March 4, 1975, Emerg; June 1, 1982, Reg; July 17, 2012, Susp ......do Do. Wellesley, Town of, Norfolk County 250255 December 22, 1972, Emerg; September 5, 1979, Reg; July 17, 2012, Susp ......do Do. West Bridgewater, Town of, Plymouth County 250284 July 24, 1975, Emerg; June 15, 1982, Reg; July 17, 2012, Susp ......do Do. Westwood, Town of, Norfolk County 255225 January 14, 1972, Emerg; November 2, 1973, Reg; July 17, 2012, Susp ......do Do. Weymouth, Town of, Norfolk County 250257 December 15, 1972, Emerg; September 30, 1980, Reg; July 17, 2012, Susp ......do Do. Whitman, Town of, Plymouth County 250285 March 12, 1975, Emerg; July 2, 1981, Reg; July 17, 2012, Susp ......do Do. Wrentham, Town of, Norfolk County 250258 December 10, 1974, Emerg; July 5, 1982, Reg; July 17, 2012, Susp ......do Do. Region IV Alabama: Clarke County, Unincorporated Areas 010316 October 30, 2006, Emerg; October 16, 2008, Reg; July 17, 2012, Susp ......do Do. Coffeeville, Town of, Clarke County 010484 N/A, Emerg; May 20, 2010, Reg; July 17, 2012, Susp ......do Do.
Fulton, Town of, Clarke County 010038 August 14, 2000, Emerg; October 16, 2008, Reg; July 17, 2012, Susp ......do Do. Jackson, City of, Clarke County 010040 August 11, 1975, Emerg; December 17, 1987, Reg; July 17, 2012, Susp ......do Do. Thomasville, City of, Clarke County 010041 April 19, 1976, Emerg; September 18, 1985, Reg; July 17, 2012, Susp ......do Do. Kentucky: Tompkinsville, City of, Monroe County 210420 September 26, 2011, Emerg; N/A, Reg; July 17, 2012, Susp ......do Do. Region VI Arkansas: Carthage, City of, Dallas County 050062 February 4, 1976, Emerg; August 22, 1978, Reg; July 17, 2012, Susp ......do Do. Dallas County, Unincorporated Areas 050061 July 12, 1988, Emerg; December 1, 1989, Reg; July 17, 2012, Susp ......do Do. Fordyce, City of, Dallas County 050063 March 12, 1975, Emerg; May 15, 1980, Reg; July 17, 2012, Susp ......do Do. Sparkman, City of, Dallas County 050064 May 5, 1975, Emerg; March 1, 1988, Reg; July 17, 2012, Susp ......do Do. Oklahoma: Ada, City of, Pontotoc County 400173 May 22, 1974, Emerg; July 16, 1980, Reg; July 17, 2012, Susp ......do Do. Byng, Town of, Pontotoc County 400175 N/A, Emerg; April 1, 2011, Reg; July 17, 2012, Susp ......do Do. Pontotoc County, Unincorporated Areas 400495 February 9, 2006, Emerg; N/A, Reg; July 17, 2012, Susp ......do Do. Roff, Town of, Pontotoc County 400176 December 8, 1977, Emerg; November 27, 1979, Reg; July 17, 2012, Susp ......do Do. Texas: Zapata County, Unincorporated Areas 480687 December 7, 2006, Emerg; N/A, Reg; July 17, 2012, Susp ......do Do. Region VIII Colorado: Clear Creek County, Unincorporated Areas 080034 November 27, 1973, Emerg; March 11, 1980, Reg; July 17, 2012, Susp ......do Do. Georgetown, Town of, Clear Creek County 080035 April 9, 1974, Emerg; June 5, 1989, Reg; July 17, 2012, Susp ......do Do. Idaho Springs, City of, Clear Creek County 080036 December 4, 1973, Emerg; November 15, 1978, Reg; July 17, 2012, Susp ......do Do. *......do and Do. = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: July 3, 2012. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.