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Rule

Suspension of Community Eligibility

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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 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 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 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

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. 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.

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and LocationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region III
Virginia: Prince George County, Unincorporated Areas510204May 17, 1974, Emerg; May 1, 1980, Reg; May 16, 2012, SuspMay 16, 2012May 16, 2012.
Region IV
Florida:
Collier County, Unincorporated Areas120067July 10, 1970, Emerg; September 14, 1979, Reg; May 16, 2012, Susp......do*Do.
Everglades City, City of, Collier County125104July 14, 1970, Emerg; October 6, 1972, Reg; May 16, 2012, Susp......do Do.
Marco Island, City of, Collier County120426N/A, Emerg; October 27, 1998, Reg; May 16, 2012, Susp......do Do.
Naples, City of, Collier County125130May 8, 1970, Emerg; July 2, 1971, Reg; May 16, 2012, Susp......do Do.
Seminole Tribe of Florida, Collier and Broward Counties120685N/A, Emerg; March 25, 2002, Reg; May 16, 2012, Susp......do Do.
Mississippi:
Greenwood, City of, Leflore County280102June 7, 1973, Emerg; March 18, 1980, Reg; May 16, 2012, Susp......do Do.
Itta Bena, City of, Leflore County280103January 17, 1974, Emerg; April 3, 1978, Reg; May 16, 2012, Susp......do Do.
Leflore County, Unincorporated Areas280101August 28, 1973, Emerg; November 1, 1979, Reg; May 16, 2012, Susp......do Do.
Morgan City, Town of, Leflore County280104March 1, 1974, Emerg; April 3, 1978, Reg; May 16, 2012, Susp......do Do.
Schlater, Town of, Leflore County280105May 3, 1976, Emerg; September 27, 1985, Reg; May 16, 2012, Susp......do Do.
Sidon, Town of, Leflore County280106January 30, 1974, Emerg; March 15, 1978, Reg; May 16, 2012, Susp......do Do.
Region V
Illinois:
Catlin, Village of, Vermilion County170661August 21, 1975, Emerg; September 4, 1985, Reg; May 16, 2012, Susp......do Do.
Danville, City of, Vermilion County170662June 16, 1975, Emerg; July 18, 1983, Reg; May 16, 2012, Susp......do Do.
Georgetown, City of, Vermilion County170665July 10, 1975, Emerg; February 11, 1976, Reg; May 16, 2012, Susp......do Do.
Hoopeston, City of, Vermilion County170667November 11, 1976, Emerg; July 3, 1985, Reg; May 16, 2012, Susp......do Do.
Muncie, Village of, Vermilion County170963July 11, 1995, Emerg; N/A, Reg; May 16, 2012, Susp......do Do.
Potomac, Village of, Vermilion County170799September 23, 1975, Emerg; September 18, 1985, Reg; May 16, 2012, Susp......do Do.
Rankin, Village of, Vermilion County170668August 1, 1975, Emerg; September 18, 1985, Reg; May 16, 2012, Susp......do Do.
Vermilion County, Unincorporated Areas170935February 28, 1991, Emerg; June 1, 1995, Reg; May 16, 2012, Susp......do Do.
Westville, Village of, Vermilion County170671August 7, 1975, Emerg; August 19, 1985, Reg; May 16, 2012, Susp......do Do.
Ohio:
Celina, City of, Mercer County390393January 22, 1975, Emerg; March 18, 1986, Reg; May 16, 2012, Susp......do Do.
Coldwater, Village of, Mercer County390394July 1, 1975, Emerg; February 2, 1984, Reg; May 16, 2012, Susp......do Do.
Mendon, Village of, Mercer County390671July 31, 1975, Emerg; November 15, 1985, Reg; May 16, 2012, Susp......do Do.
Montezuma, Village of, Mercer County390396June 11, 1997, Emerg; April 15, 2002, Reg; May 16, 2012, Susp......do Do.
Rockford, Village of, Mercer County390397July 21, 1975, Emerg; February 1, 1986, Reg; May 16, 2012, Susp......do Do.
Region VI
Louisiana:
Mandeville, City of, Saint Tammany Parish220202March 12, 1974, Emerg; September 28, 1979, Reg; May 16, 2012, Susp......do Do.
Texas:
Brazos County, Unincorporated Areas481195January 13, 1986, Emerg; July 2, 1992, Reg; May 16, 2012, Susp......do Do.
Bryan, City of, Brazos County480082May 2, 1974, Emerg; May 19, 1981, Reg; May 16, 2012, Susp......do Do.
Wixon Valley, City of, Brazos County481636N/A, Emerg; September 4, 2001, Reg; May 16, 2012, Susp......do Do.
Region VII
Iowa:
Cerro Gordo County, Unincorporated Areas190853December 29, 1999, Emerg; December 1, 2001, Reg; May 16, 2012, Susp......do Do.
Clear Lake, City of, Cerro Gordo County190059August 7, 1975, Emerg; August 4, 1987, Reg; May 16, 2012, Susp......do Do.
Mason City, City of, Cerro Gordo County190060March 21, 1975, Emerg; December 2, 1980, Reg; May 16, 2012, Susp......do Do.
Plymouth, City of, Cerro Gordo County190061May 24, 1991, Emerg; January 1, 1992, Reg; May 16, 2012, Susp......do Do.
Rock Falls, City of, Cerro Gordo County190351July 4, 1994, Emerg; July 1, 1997, Reg; May 16, 2012, Susp......do Do.
Missouri:
Brunswick, City of, Chariton County290074November 12, 1975, Emerg; February 2, 1983, Reg; May 16, 2012, Susp......do Do.
Chariton County, Unincorporated Areas290073January 12, 1984, Emerg; December 3, 1987, Reg; May 16, 2012, Susp
Dalton, Village of, Chariton County290464December 2, 1994, Emerg; October 10, 2003, Reg; May 16, 2012, Susp......do Do.
Region IX
Nevada:
Eureka County, Unincorporated Areas320028March 9, 1984, Emerg; April 1, 1988, Reg; May 16, 2012, Susp......do Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: May 1, 2012.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2012-11524 Filed 5-11-12; 8:45 am]

BILLING CODE 9110-12-P