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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. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://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 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:
Chesterfield County, Unincorporated Areas510035January 26, 1973, Emerg; March 16, 1983, Reg; December 18, 2012, Susp.December 18, 2012December 18, 2012.
Region IV
Florida:
Astatula, Town of, Lake County120581N/A, Emerg; March 4, 1998, Reg; December 18, 2012, Susp.December 18, 2012December 18, 2012.
Clermont, City of, Lake County120133February 18, 1975, Emerg; August 15, 1984, Reg; December 18, 2012, Susp.......do*  Do.
Eustis, City of, Lake County120134May 30, 1975, Emerg; June 4, 1987, Reg; December 18, 2012, Susp.......do  Do.
Fruitland Park, City of, Lake County120387July 17, 1975, Emerg; September 5, 1984, Reg; December 18, 2012, Susp.......do  Do.
Groveland, City of, Lake County120135May 16, 1975, Emerg; September 5, 1984, Reg; December 18, 2012, Susp.......do  Do.
Howey in the Hills, Town of, Lake County120585July 18, 1979, Emerg; August 15, 1984, Reg; December 18, 2012, Susp.......do  Do.
Lady Lake, Town of, Lake County120613November 14, 1984, Emerg; November 14, 1984, Reg; December 18, 2012, Susp.......do  Do.
Lake County, Unincorporated Areas120421December 21, 1978, Emerg; April 1, 1982, Reg; December 18, 2012, Susp.......do  Do.
Leesburg, City of, Lake County120136July 23, 1975, Emerg; July 18, 1985, Reg; December 18, 2012, Susp.......do  Do.
Mascotte, City of, Lake County120591December 18, 1984, Emerg; December 18, 1984, Reg; December 18, 2012, Susp.......do  Do.
Minneola, City of, Lake County120412January 24, 1977, Emerg; August 15, 1984, Reg; December 18, 2012, Susp.......do  Do.
Montverde, Town of, Lake County120614N/A, Emerg; June 11, 1991, Reg; December 18, 2012, Susp.......do  Do.
Mount Dora, City of, Lake County120137February 3, 1975, Emerg; April 5, 1988, Reg; December 18, 2012, Susp.......do  Do.
Tavares, City of, Lake County120138May 15, 1975, Emerg; March 16, 1988, Reg; December 18, 2012, Susp.......do  Do.
Umatilla, City of, Lake County120139June 13, 1975, Emerg; April 3, 1989, Reg; December 18, 2012, Susp.......do  Do.
Region V
Wisconsin:
Marquette County, Unincorporated Areas.550601N/A, Emerg; January 27, 1992, Reg; December 18, 2012, Susp.......do  Do.
Montello, City of, Marquette County550266June 5, 1975, Emerg; November 16, 1990, Reg; December 18, 2012, Susp.......do  Do.
Neshkoro, Village of, Marquette County550267July 21, 1975, Emerg; September 1, 1988, Reg; December 18, 2012, Susp.......do  Do.
Oxford, Village of, Marquette County550268October 22, 1975, Emerg; August 16, 1988, Reg; December 18, 2012, Susp.......do  Do.
Westfield, Village of, Marquette County550269June 26, 1975, Emerg; January 17, 1991, Reg; December 18, 2012, Susp.......do  Do.
Region VI
Arkansas:
Black Rock, City of, Lawrence County050118June 18, 1975, Emerg; January 3, 1986, Reg; December 18, 2012, Susp.......do  Do.
Hoxie, City of, Lawrence County050119April 14, 1975, Emerg; April 15, 1980, Reg; December 18, 2012, Susp.......do  Do.
Imboden, Town of, Lawrence County050120December 28, 1982, Emerg; September 4, 1985, Reg; December 18, 2012, Susp.......do  Do.
Lawrence County, Unincorporated Areas.050443August 30, 1982, Emerg; June 3, 1991, Reg; December 18, 2012, Susp.......do  Do.
Portia, Town of, Lawrence County050121May 5, 1975, Emerg; August 31, 1982, Reg; December 18, 2012, Susp.......do  Do.
Powhatan, Town of, Lawrence County050572August 17, 1978, Emerg; March 22, 1982, Reg; December 18, 2012, Susp.......do  Do.
Ravenden, Town of, Lawrence County050470December 22, 1982, Emerg; August 19, 1985, Reg; December 18, 2012, Susp.......do  Do.
Sedgwick, Town of, Lawrence County050576February 1, 1988, Emerg; June 16, 2009, Reg; December 18, 2012, Susp.......do  Do.
Walnut Ridge, City of, Lawrence County050122June 4, 1975, Emerg; August 1, 1987, Reg; December 18, 2012, Susp.......do  Do.
Region VII
Iowa:
Coulter, City of, Franklin County190388September 3, 2010, Emerg; N/A, Reg; December 18, 2012, Susp.......do  Do.
Franklin County, Unincorporated Areas.190867January 13, 2010, Emerg; N/A, Reg; December 18, 2012, Susp.......do  Do.
Hampton, City of, Franklin County190131August 16, 1974, Emerg; May 1, 1979, Reg; December 18, 2012, Susp.......do  Do.
Sheffield, City of, Franklin County190132November 21, 1990, Emerg; July 1, 1991, Reg; December 18, 2012, Susp.......do  Do.
Region VIII
Colorado:
Boulder, City of, Boulder County080024April 16, 1971, Emerg; July 17, 1978, Reg; December 18, 2012, Susp.......do  Do.
Boulder County, Unincorporated Areas.080023May 14, 1971, Emerg; February 1, 1979, Reg; December 18, 2012, Susp.......do  Do.
Erie, Town of, Boulder County080181July 22, 1975, Emerg; October 17, 1978, Reg; December 18, 2012, Susp.......do  Do.
Jamestown, Town of, Boulder County080216June 25, 1975, Emerg; July 18, 1983, Reg; December 18, 2012, Susp.......do  Do.
Lafayette, City of, Boulder County080026August 7, 1975, Emerg; March 18, 1980, Reg; December 18, 2012, Susp.......do  Do.
Longmont, City of, Boulder County080027November 26, 1971, Emerg; July 5, 1977, Reg; December 18, 2012, Susp.......do  Do.
Louisville, City of, Boulder County085076March 3, 1972, Emerg; May 4, 1973, Reg; December 18, 2012, Susp.......do  Do.
Nederland, Town of, Boulder County080255May 2, 1977, Emerg; August 1, 1979, Reg; December 18, 2012, Susp.......do  Do.
Superior, Town of, Boulder County080203July 15, 1975, Emerg; September 28, 1979, Reg; December 18, 2012, Susp.......do  Do.
Utah: Annabella, Town of, Sevier County490122April 14, 1976, Emerg; October 30, 1979, Reg; December 18, 2012, Susp.......do  Do.
Central Valley, Town of, Sevier County495519November 17, 2011, Emerg; N/A, Reg; December 18, 2012, Susp.......do  Do.
Elsinore, Town of, Sevier County490125September 26, 1975, Emerg; August 14, 1979, Reg; December 18, 2012, Susp.......do  Do.
Joseph, Town of, Sevier County490127March 23, 1976, Emerg; August 28, 1979, Reg; December 18, 2012, Susp.......do  Do.
Koosharem, Town of, Sevier County490128July 16, 1979, Emerg; February 2, 1984, Reg; December 18, 2012, Susp.......do  Do.
Richfield, City of, Sevier County490131September 26, 1974, Emerg; September 29, 1986, Reg; December 18, 2012, Susp.......do  Do.
Sevier County, Unincorporated Areas.490121November 14, 1975, Emerg; July 1, 1986, Reg; December 18, 2012, Susp.......do  Do.
Region IX
California:
Tulare County, Unincorporated Areas.065066January 29, 1971, Emerg; September 29, 1986, Reg; December 18, 2012, Susp.......do  Do.
*......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: November 26, 2012.

David L. Miller,

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

[FR Doc. 2012-30260 Filed 12-14-12; 8:45 am]

BILLING CODE 9110-12-P