Suspension of Community Eligibility, 28282-28285 [2012-11524]
Download as PDF
28282
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
III. How do I access the docket?
List of Subjects in 40 CFR Part 799
PART 799—[AMENDED]
To access the docket, please go to
https://www.regulations.gov and follow
the online instructions using the docket
ID number EPA–HQ–OPPT–2005–0033.
Additional information about the
Docket Facility is also provided under
ADDRESSES in the March 16, 2012
Federal Register document. If you have
questions, consult the technical person
listed under FOR FURTHER INFORMATION
CONTACT.
Environmental protection, Chemicals,
Hazardous substances, Reporting and
recordkeeping requirements.
■
Dated: May 8, 2012.
James J. Jones,
Acting Assistant Administrator, Office of
Chemical Safety and Pollution Prevention.
■
1. The authority citation for part 799
continues to read as follows:
Authority: 15 U.S.C. 2603, 2611, 2625.
2. In § 799.5085, revise the entry
‘‘CAS No. 1324–76–1’’ in Table 2 of
paragraph (j) to read as follows:
§ 799.5085 Chemical testing requirements
for first group of high production volume
chemicals (HPV1).
Therefore, 40 CFR chapter I is
amended as follows:
*
*
*
(j) * * *
*
*
TABLE 2—CHEMICAL SUBSTANCES AND TESTING REQUIREMENTS
CAS No.
Chemical name
*
1324–76–1 ........
*
*
*
*
Benzenesulfonic acid, [[4-[[4-(phenylamino)phenyl][4-(phenylimino)-2,5-cyclohexadien1-ylidene]methyl]phenyl]amino]-.
*
*
*
*
*
*
*
*
Class
*
*
[FR Doc. 2012–11493 Filed 5–11–12; 8:45 am]
listed in the third column of the
following tables.
BILLING CODE 6560–50–P
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8229]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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.’’)
emcdonald on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:07 May 11, 2012
Jkt 226001
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
PO 00000
Frm 00046
Fmt 4700
*
2
Sfmt 4700
*
Required tests
(see table 3 of this section)
*
A, B, C1, D, E1, E2, F1.
*
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
E:\FR\FM\14MYR1.SGM
14MYR1
28283
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
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
Community
No.
State and Location
Region III
Virginia: Prince George County, Unincorporated Areas.
Region IV
Florida:
Collier County, Unincorporated Areas ...
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.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Date certain
Federal assistance no longer
available in
SFHAs
May 16, 2012 ...
120067
July 10, 1970, Emerg; September 14, 1979,
Reg; May 16, 2012, Susp.
July 14, 1970, Emerg; October 6, 1972,
Reg; May 16, 2012, Susp.
N/A, Emerg; October 27, 1998, Reg; May
16, 2012, Susp.
May 8, 1970, Emerg; July 2, 1971, Reg;
May 16, 2012, Susp.
N/A, Emerg; March 25, 2002, Reg; May 16,
2012, Susp.
......do* ..............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
June 7, 1973, Emerg; March 18, 1980,
Reg; May 16, 2012, Susp.
January 17, 1974, Emerg; April 3, 1978,
Reg; May 16, 2012, Susp.
August 28, 1973, Emerg; November 1,
1979, Reg; May 16, 2012, Susp.
March 1, 1974, Emerg; April 3, 1978, Reg;
May 16, 2012, Susp.
May 3, 1976, Emerg; September 27, 1985,
Reg; May 16, 2012, Susp.
January 30, 1974, Emerg; March 15, 1978,
Reg; May 16, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
August 21, 1975, Emerg; September 4,
1985, Reg; May 16, 2012, Susp.
June 16, 1975, Emerg; July 18, 1983, Reg;
May 16, 2012, Susp.
July 10, 1975, Emerg; February 11, 1976,
Reg; May 16, 2012, Susp.
November 11, 1976, Emerg; July 3, 1985,
Reg; May 16, 2012, Susp.
July 11, 1995, Emerg; N/A, Reg; May 16,
2012, Susp.
September 23, 1975, Emerg; September
18, 1985, Reg; May 16, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Naples, City of, Collier County ..............
125130
Seminole Tribe of Florida, Collier and
Broward Counties.
Mississippi:
Greenwood, City of, Leflore County ......
120685
Itta Bena, City of, Leflore County ..........
280103
Leflore County, Unincorporated Areas ..
280101
Morgan City, Town of, Leflore County ..
280104
Schlater, Town of, Leflore County .........
280105
Sidon, Town of, Leflore County .............
280106
Region V
Illinois:
Catlin, Village of, Vermilion County .......
170661
Danville, City of, Vermilion County ........
emcdonald on DSK29S0YB1PROD with RULES
1. The authority citation for Part 64
continues to read as follows:
■
May 17, 1974, Emerg; May 1, 1980, Reg; ..
May 16, 2012, Susp .....................................
120426
170662
Georgetown, City of, Vermilion County
170665
Hoopeston, City of, Vermilion County ...
170667
Muncie, Village of, Vermilion County ....
170963
Potomac, Village of, Vermilion County ..
170799
PO 00000
PART 64—[AMENDED]
510204
Marco Island, City of, Collier County ....
Jkt 226001
Flood insurance, Floodplains.
Accordingly, 44 CFR part 64 is
amended as follows:
Current effective
map date
125104
18:07 May 11, 2012
List of Subjects in 44 CFR Part 64
Effective date authorization/cancellation of
sale of flood insurance in community
Everglades City, City of, Collier County
VerDate Mar<15>2010
information for purposes of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq.
280102
Frm 00047
Fmt 4700
Sfmt 4700
E:\FR\FM\14MYR1.SGM
14MYR1
May 16, 2012.
28284
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
Community
No.
State and Location
Rankin, Village of, Vermilion County .....
170668
Vermilion
County,
Unincorporated
Areas.
Westville, Village of, Vermilion County
170935
170671
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
August 1, 1975, Emerg; September 18,
1985, Reg; May 16, 2012, Susp.
February 28, 1991, Emerg; June 1, 1995,
Reg; May 16, 2012, Susp.
August 7, 1975, Emerg; August 19, 1985,
Reg; May 16, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
January 22, 1975, Emerg; March 18, 1986,
Reg; May 16, 2012, Susp.
July 1, 1975, Emerg; February 2, 1984,
Reg; May 16, 2012, Susp.
July 31, 1975, Emerg; November 15, 1985,
Reg; May 16, 2012, Susp.
June 11, 1997, Emerg; April 15, 2002, Reg;
May 16, 2012, Susp.
July 21, 1975, Emerg; February 1, 1986,
Reg; May 16, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Ohio:
Celina, City of, Mercer County ..............
390393
Coldwater, Village of, Mercer County ...
390394
Mendon, Village of, Mercer County .......
390671
Montezuma, Village of, Mercer County
390396
Rockford, Village of, Mercer County .....
390397
Region VI
Louisiana:.
Mandeville, City of, Saint Tammany
Parish.
Texas:
Brazos County, Unincorporated Areas ..
220202
March 12, 1974, Emerg; September 28,
1979, Reg; May 16, 2012, Susp.
......do ...............
Do.
481195
......do ...............
Do.
Bryan, City of, Brazos County ...............
480082
......do ...............
Do.
Wixon Valley, City of, Brazos County ...
481636
January 13, 1986, Emerg; July 2, 1992,
Reg; May 16, 2012, Susp.
May 2, 1974, Emerg; May 19, 1981, Reg;
May 16, 2012, Susp.
N/A, Emerg; September 4, 2001, Reg; May
16, 2012, Susp.
......do ...............
Do.
December 29, 1999, Emerg; December 1,
2001, Reg; May 16, 2012, Susp.
August 7, 1975, Emerg; August 4, 1987,
Reg; May 16, 2012, Susp.
March 21, 1975, Emerg; December 2,
1980, Reg; May 16, 2012, Susp.
May 24, 1991, Emerg; January 1, 1992,
Reg; May 16, 2012, Susp.
July 4, 1994, Emerg; July 1, 1997, Reg;
May 16, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
November 12, 1975, Emerg; February 2,
1983, Reg; May 16, 2012, Susp.
January 12, 1984, Emerg; December 3,
1987, Reg; May 16, 2012, Susp.
December 2, 1994, Emerg; October 10,
2003, Reg; May 16, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
March 9, 1984, Emerg; April 1, 1988, Reg;
May 16, 2012, Susp.
......do ...............
Do.
Region VII
Iowa:
Cerro Gordo County, Unincorporated
Areas.
Clear Lake, City of, Cerro Gordo County.
Mason City, City of, Cerro Gordo County.
Plymouth, City of, Cerro Gordo County
190061
Rock Falls, City of, Cerro Gordo County
190351
Missouri:
Brunswick, City of, Chariton County .....
290074
Chariton County, Unincorporated Areas
290073
Dalton, Village of, Chariton County .......
290464
Region IX
Nevada:
Eureka County, Unincorporated Areas
190853
190059
190060
320028
emcdonald on DSK29S0YB1PROD with RULES
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
VerDate Mar<15>2010
18:07 May 11, 2012
Jkt 226001
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
E:\FR\FM\14MYR1.SGM
14MYR1
Federal Register / Vol. 77, No. 93 / Monday, May 14, 2012 / Rules and Regulations
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
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 236
[Docket No. FRA–2011–0028, Notice No. 3]
RIN 2130–AC27
Positive Train Control Systems (RRR)
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
FRA amends the regulations
implementing a provision of the Rail
Safety Improvement Act of 2008 that
requires certain passenger and freight
railroads to install positive train control
(PTC) systems. This final rule removes
regulatory provisions that require
railroads to either conduct further
analyses or meet certain risk-based
criteria in order to avoid PTC system
implementation on track segments that
do not transport poison- or toxic-byinhalation hazardous (PIH) materials
traffic and are not used for intercity or
commuter rail passenger transportation
as of December 31, 2015.
DATES: This final rule is effective July
13, 2012. Petitions for reconsideration
must be received on or before July 13,
2012. Petitions for reconsideration will
be posted in the docket for this
proceeding. Comments on any
submitted petition for reconsideration
must be received on or before August
27, 2012.
ADDRESSES: Petitions for reconsideration
and comments on petitions for
reconsideration: Any petitions for
reconsideration or comments on
petitions for reconsideration related to
Docket No. FRA–2011–0028, may be
submitted by any of the following
methods:
• Web site: The Federal eRulemaking
Portal, www.regulations.gov. Follow the
Web site’s online instructions for
submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., W12–140,
Washington, DC 20590.
• Hand Delivery: Room W12–140 on
the Ground level of the West Building,
emcdonald on DSK29S0YB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:45 May 11, 2012
Jkt 226001
1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5
p.m. Monday through Friday, except
Federal holidays.
Instructions: All submissions must
include the agency name and docket
number or Regulatory Identification
Number (RIN) for this rulemaking. Note
that all petitions received will be posted
without change to www.regulations.gov
including any personal information.
Please see the Privacy Act heading in
the SUPPLEMENTARY INFORMATION section
of this document for Privacy Act
information related to any submitted
petitions, comments, or materials.
Docket: For access to the docket to
read background documents or
comments received, go to
www.regulations.gov or to Room W12–
140 on the Ground level of the West
Building, 1200 New Jersey Avenue SE.,
Washington, DC between 9 a.m. and 5
p.m. Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Thomas McFarlin, Office of Safety
Assurance and Compliance, Staff
Director, Signal & Train Control
Division, Federal Railroad
Administration, Mail Stop 25, West
Building 3rd Floor West, Room W35–
332, 1200 New Jersey Avenue SE.,
Washington, DC 20590 (telephone: 202–
493–6203); or Jason Schlosberg, Trial
Attorney, Office of Chief Counsel, RCC–
10, Mail Stop 10, West Building 3rd
Floor, Room W31–207, 1200 New Jersey
Avenue SE., Washington, DC 20590
(telephone: 202–493–6032).
SUPPLEMENTARY INFORMATION: FRA is
issuing this final rule to amend the
regulatory requirements contained in 49
CFR part 236, subpart I, related to a
railroad’s ability to remove track
segments from the necessity of
implementing PTC systems as mandated
by Section 104 of the Railroad Safety
Improvement Act of 2008, Public Law
110–432, 122 Stat. 4854 (Oct. 16, 2008)
(codified at 49 U.S.C. 20157)
(hereinafter ‘‘RSIA’’) based on the track
segments not carrying PIH traffic as of
December 31, 2015.
Table of Contents for Supplementary
Information
I. Executive Summary
II. Background
A. Regulatory History
B. Litigation and Congressional Hearings
III. Public Hearing, Comments, and FRA
Response
A. Routing Concerns and Shipper
Participation
B. Common Carrier Obligations
C. Passenger Rail Impact
D. Cost-Benefit Analysis
1. Trade Associations
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
28285
2. AAR
IV. Section-by-Section Analysis
V. Regulatory Impact and Notices
A. Executive Orders 12866 and 13563 and
DOT Regulatory Policies and Procedures
B. Regulatory Flexibility Act and Executive
Order 13272
C. Paperwork Reduction Act
D. Federalism Implications
E. Environmental Impact
F. Unfunded Mandates Reform Act of 1995
G. Energy Impact
H. Privacy Act
I. Executive Summary
For years, FRA has supported the
implementation of positive train control
(PTC) systems, forecasting substantial
benefits of advanced train control
technology in supporting a variety of
business and safety purposes. However,
FRA repetitively noted that an
immediate regulatory mandate for PTC
system implementation could not be
justified based upon normal cost-benefit
principals relying on direct safety
benefits. In 2005, FRA promulgated
regulations providing for the voluntary
implementation of processor-based
signal and train control systems. See 70
FR 11,052 (Mar. 7, 2005) (codified at 49
CFR part 236, subpart H).
As a consequence of the number and
severity of certain very public accidents,
coupled with a series of other less
publicized accidents, Congress passed
RSIA mandating the implementation of
PTC systems on lines meeting certain
thresholds. RSIA requires PTC system
implementation on all Class I railroad
lines that carry PIH materials and 5
million gross tons or more of annual
traffic, and on any railroad’s main line
tracks over which intercity or commuter
rail passenger train service is regularly
provided. In addition, RSIA provided
FRA with the authority to require PTC
system implementation on any other
line.
In accordance with its statutory
authority, FRA’s subsequent final rule,
issued January 15, 2010, and amended
on September 27, 2010, potentially
required PTC system implementation on
certain track segments that carried PIH
traffic and 5 million gross tons or more
of annual traffic in 2008 but that will
not, as of December 31, 2015, carry PIH
traffic, and will not be used for intercity
or commuter rail passenger
transportation that otherwise requires
PTC installation under the rule. Per the
regulation, the determination would be
based upon whether the subject track
segment would pass what has been
called the alternative route analysis and
the residual risk analysis (the ‘‘two
qualifying tests’’), which are described
below.
E:\FR\FM\14MYR1.SGM
14MYR1
Agencies
[Federal Register Volume 77, Number 93 (Monday, May 14, 2012)]
[Rules and Regulations]
[Pages 28282-28285]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11524]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8229]
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 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
[[Page 28283]]
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
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:
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Region III
Virginia: Prince George County, 510204 May 17, 1974, May 16, 2012.......... May 16, 2012.
Unincorporated Areas. Emerg; May 1,
1980, Reg;.
May 16, 2012,
Susp.
Region IV
Florida:
Collier County, 120067 July 10, 1970, ......do*............. Do.
Unincorporated Areas. Emerg; September
14, 1979, Reg;
May 16, 2012,
Susp.
Everglades City, City of, 125104 July 14, 1970, ......do.............. Do.
Collier County. Emerg; October
6, 1972, Reg;
May 16, 2012,
Susp.
Marco Island, City of, 120426 N/A, Emerg; ......do.............. Do.
Collier County. October 27,
1998, Reg; May
16, 2012, Susp.
Naples, City of, Collier 125130 May 8, 1970, ......do.............. Do.
County. Emerg; July 2,
1971, Reg; May
16, 2012, Susp.
Seminole Tribe of Florida, 120685 N/A, Emerg; March ......do.............. Do.
Collier and Broward 25, 2002, Reg;
Counties. May 16, 2012,
Susp.
Mississippi:
Greenwood, City of, Leflore 280102 June 7, 1973, ......do.............. Do.
County. Emerg; March 18,
1980, Reg; May
16, 2012, Susp.
Itta Bena, City of, Leflore 280103 January 17, 1974, ......do.............. Do.
County. Emerg; April 3,
1978, Reg; May
16, 2012, Susp.
Leflore County, 280101 August 28, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1979, Reg;
May 16, 2012,
Susp.
Morgan City, Town of, 280104 March 1, 1974, ......do.............. Do.
Leflore County. Emerg; April 3,
1978, Reg; May
16, 2012, Susp.
Schlater, Town of, Leflore 280105 May 3, 1976, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
May 16, 2012,
Susp.
Sidon, Town of, Leflore 280106 January 30, 1974, ......do.............. Do.
County. Emerg; March 15,
1978, Reg; May
16, 2012, Susp.
Region V
Illinois: ............ ......................
Catlin, Village of, 170661 August 21, 1975, ......do.............. Do.
Vermilion County. Emerg; September
4, 1985, Reg;
May 16, 2012,
Susp.
Danville, City of, 170662 June 16, 1975, ......do.............. Do.
Vermilion County. Emerg; July 18,
1983, Reg; May
16, 2012, Susp.
Georgetown, City of, 170665 July 10, 1975, ......do.............. Do.
Vermilion County. Emerg; February
11, 1976, Reg;
May 16, 2012,
Susp.
Hoopeston, City of, 170667 November 11, ......do.............. Do.
Vermilion County. 1976, Emerg;
July 3, 1985,
Reg; May 16,
2012, Susp.
Muncie, Village of, 170963 July 11, 1995, ......do.............. Do.
Vermilion County. Emerg; N/A, Reg;
May 16, 2012,
Susp.
Potomac, Village of, 170799 September 23, ......do.............. Do.
Vermilion County. 1975, Emerg;
September 18,
1985, Reg; May
16, 2012, Susp.
[[Page 28284]]
Rankin, Village of, 170668 August 1, 1975, ......do.............. Do.
Vermilion County. Emerg; September
18, 1985, Reg;
May 16, 2012,
Susp.
Vermilion County, 170935 February 28, ......do.............. Do.
Unincorporated Areas. 1991, Emerg;
June 1, 1995,
Reg; May 16,
2012, Susp.
Westville, Village of, 170671 August 7, 1975, ......do.............. Do.
Vermilion County. Emerg; August
19, 1985, Reg;
May 16, 2012,
Susp.
Ohio:
Celina, City of, Mercer 390393 January 22, 1975, ......do.............. Do.
County. Emerg; March 18,
1986, Reg; May
16, 2012, Susp.
Coldwater, Village of, 390394 July 1, 1975, ......do.............. Do.
Mercer County. Emerg; February
2, 1984, Reg;
May 16, 2012,
Susp.
Mendon, Village of, Mercer 390671 July 31, 1975, ......do.............. Do.
County. Emerg; November
15, 1985, Reg;
May 16, 2012,
Susp.
Montezuma, Village of, 390396 June 11, 1997, ......do.............. Do.
Mercer County. Emerg; April 15,
2002, Reg; May
16, 2012, Susp.
Rockford, Village of, 390397 July 21, 1975, ......do.............. Do.
Mercer County. Emerg; February
1, 1986, Reg;
May 16, 2012,
Susp.
Region VI
Louisiana:.....................
Mandeville, City of, Saint 220202 March 12, 1974, ......do.............. Do.
Tammany Parish. Emerg; September
28, 1979, Reg;
May 16, 2012,
Susp.
Texas:
Brazos County, 481195 January 13, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; July 2,
1992, Reg; May
16, 2012, Susp.
Bryan, City of, Brazos 480082 May 2, 1974, ......do.............. Do.
County. Emerg; May 19,
1981, Reg; May
16, 2012, Susp.
Wixon Valley, City of, 481636 N/A, Emerg; ......do.............. Do.
Brazos County. September 4,
2001, Reg; May
16, 2012, Susp.
Region VII
Iowa:
Cerro Gordo County, 190853 December 29, ......do.............. Do.
Unincorporated Areas. 1999, Emerg;
December 1,
2001, Reg; May
16, 2012, Susp.
Clear Lake, City of, Cerro 190059 August 7, 1975, ......do.............. Do.
Gordo County. Emerg; August 4,
1987, Reg; May
16, 2012, Susp.
Mason City, City of, Cerro 190060 March 21, 1975, ......do.............. Do.
Gordo County. Emerg; December
2, 1980, Reg;
May 16, 2012,
Susp.
Plymouth, City of, Cerro 190061 May 24, 1991, ......do.............. Do.
Gordo County. Emerg; January
1, 1992, Reg;
May 16, 2012,
Susp.
Rock Falls, City of, Cerro 190351 July 4, 1994, ......do.............. Do.
Gordo County. Emerg; July 1,
1997, Reg; May
16, 2012, Susp.
Missouri:
Brunswick, City of, 290074 November 12, ......do.............. Do.
Chariton County. 1975, Emerg;
February 2,
1983, Reg; May
16, 2012, Susp.
Chariton County, 290073 January 12, 1984,
Unincorporated Areas. Emerg; December
3, 1987, Reg;
May 16, 2012,
Susp.
Dalton, Village of, 290464 December 2, 1994, ......do.............. Do.
Chariton County. Emerg; October
10, 2003, Reg;
May 16, 2012,
Susp.
Region IX
Nevada:
Eureka County, 320028 March 9, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1988, Reg; May
16, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 28285]]
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