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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-8247]

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 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 theFederal Registeron 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 athttp://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 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 IV Florida: Davenport, City of, Polk County 120410 March 1, 1976, Emerg; December 2, 1980, Reg; September 28, 2012, Susp. September 28, 2012 September 28, 2012. Dundee, Town of, Polk County 120409 February 19, 1976, Emerg; November 19, 1980, Reg; September 28, 2012, Susp. *......do Do Frostproof, City of, Polk County 120265 May 2, 1975, Emerg; May 1, 1980, Reg; September 28, 2012, Susp. ......do Do. Haines City, City of, Polk County 120266 May 28, 1975, Emerg; September 16, 1981, Reg; September 28, 2012, Susp. ......do Do. Region V Indiana: Amboy, Town of, Miami County 180303 June 5, 1984, Emerg; August 19, 1986, Reg; September 28, 2012, Susp. ......do Do. Converse, Town of, Miami County 180497 N/A, Emerg; February 13, 2009, Reg; September 28, 2012, Susp. ......do Do. Denver, Town of, Miami County 180323 August 20, 1975, Emerg; March 16, 1988, Reg; September 28, 2012, Susp. ......do Do. Miami County, Unincorporated Areas 180409 March 11, 1976, Emerg; August 19, 1986, Reg; September 28, 2012, Susp. ......do Do. Peru, City of, Miami County 180168 June 13, 1975, Emerg; January 18, 1984, Reg; September 28, 2012, Susp. ......do Do. Michigan: Alcona, Township of, Alcona County 260996 July 25, 1997, Emerg; N/A, Reg; September 28, 2012, Susp. ......do Do. Greenbush, Township of, Alcona County 260001 August 26, 1975, Emerg; September 30, 1988, Reg; September 28, 2012, Susp. ......do Do. Haynes, Township of, Alcona County 260274 April 12, 1974, Emerg; May 1, 1992, Reg; September 28, 2012, Susp. ......do Do. Wisconsin: Alma Center, Village of, Jackson County 550185 July 10, 1975, Emerg; January 3, 1985, Reg; September 28, 2012, Susp. ......do Do. Black River Falls, City of, Jackson County 550186 April 7, 1975, Emerg; February 4, 1981, Reg; September 28, 2012, Susp. ......do Do. Hixton, Village of, Jackson County 550187 January 29, 1975, Emerg; January 2, 1987, Reg; September 28, 2012, Susp. ......do Do. Jackson County, Unincorporated Areas 550583 September 30, 1975, Emerg; February 4, 1981, Reg; September 28, 2012, Susp. ......do Do. Melrose, Village of, Jackson County 550188 June 30, 1975, Emerg; March 16, 1981, Reg; September 28, 2012, Susp. ......do Do. Merrillan, Village of, Jackson County 550189 May 11, 1976, Emerg; September 1, 1986, Reg; September 28, 2012, Susp. ......do Do. Taylor, Village of, Jackson County 550190 March 26, 1976, Emerg; June 1, 1987, Reg; September 28, 2012, Susp. ......do Do.
    Region VII Iowa: Chickasaw County, Unincorporated Areas 190855 July 6, 2007, Emerg; May 1, 2011, Reg; September 28, 2012, Susp. ......do Do. Fredericksburg, City of, Chickasaw County 190066 October 14, 1975, Emerg; September 29, 1986, Reg; September 28, 2012, Susp. ......do Do. Lawler, City of, Chickasaw County 190067 July 25, 1975, Emerg; August 1, 1986, Reg; September 28, 2012, Susp. ......do Do. Nashua, City of, Chickasaw County 190068 December 19, 1974, Emerg; September 29, 1978, Reg; September 28, 2012, Susp. ......do Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: September 24, 2012. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.