Suspension of Community Eligibility, 41320-41323 [2012-17060]
Download as PDF
41320
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets. Subject to the terms and
conditions set forth, this rule merely
allows copyright holders to use the
APW Seal on copyrighted works to help
detect and deter criminal violations of
United States intellectual property laws
by educating the public about the
existence of these laws and the
authority of the FBI to enforce them.
List of Subjects in 41 CFR Part 128–1
Government property, Seals and
insignia, Copyright, Intellectual
property.
Accordingly, for the reasons set forth
in the preamble, part 128–1 of chapter
128 of Title 41 of the Code of Federal
Regulations is amended as follows:
PART 128–1—[AMENDED]
1. The authority citation for part 128–
1 is revised to read as follows:
■
Authority: 5 U.S.C. 301, 40 U.S.C. 121(c),
41 CFR 101–1.108, and 28 CFR 0.75(j), unless
otherwise noted.
2. Add § 128–1.5009 to read as
follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 128–1.5009 Authorization for Use of the
Federal Bureau of Investigation Anti-Piracy
Warning Seal.
(a) Purpose. The Federal Bureau of
Investigation (FBI) Anti-Piracy Warning
Seal (‘‘APW Seal’’) is an official insignia
of the FBI and the United States
Department of Justice. The purpose of
the APW Seal is to help detect and deter
criminal violations of United States
intellectual property laws by educating
the public about the existence of these
laws and the authority of the FBI to
enforce them.
(b) The APW Seal is a modified image
of the Official FBI Seal with the words
‘‘FBI ANTI-PIRACY WARNING’’
displayed horizontally across its center
in an enclosed border, whether rendered
in color, black and white, outline, or
otherwise.
(c) The APW Seal has been approved
by the Attorney General as an official
insignia of the FBI within the meaning
of Title 18, United States Code, Section
701, which provides criminal sanctions
for unauthorized uses of such insignia.
(d)(1) The regulations in this section
authorize use of the APW Seal by
copyright holders on copyrighted works
including, but not limited to films,
audio recordings, electronic media,
software, books, photographs, etc.,
subject to the terms and conditions set
forth in this section.
VerDate Mar<15>2010
16:29 Jul 12, 2012
Jkt 226001
(2) Use of the APW Seal or of the
authorized warning language in a
manner not authorized under this
section may be punishable under Title
18, United States Code, Sections 701,
709, or other applicable law.
(e) Conditions regarding use of the
APW Seal. (1) The APW Seal shall only
be used on copyrighted works subject to
protection under United States Criminal
Code provisions such as those in Title
18, United States Code, Sections 2319,
2319A, and 2319B.
(2) The APW Seal shall only be used
immediately adjacent to the authorized
warning language. ‘‘Authorized warning
language’’ refers to the language set
forth in paragraph (e)(2)(i) of this
section, or alternative language
specifically authorized in writing for
this purpose by the Director of the FBI
or his or her designee and posted on the
FBI’s official public Internet Web site
(https://www.fbi.gov). Except as
authorized pursuant to paragraph (f)(1),
the APW Seal and authorized warning
language shall be enclosed by a plain
box border at all times that other text or
images appear on the same screen or
page.
(i) ‘‘The unauthorized reproduction or
distribution of a copyrighted work is
illegal. Criminal copyright infringement,
including infringement without
monetary gain, is investigated by the
FBI and is punishable by fines and
federal imprisonment.’’
(ii) [Reserved]
(3) The APW Seal image must be
obtained from the FBI’s official public
Internet Web site (https://www.fbi.gov).
The APW Seal image shall not be
animated or altered except that it may
be rendered in outline, black and white,
or grayscale.
(4) In programming or reproducing
the APW Seal in or on a work, users are
encouraged to employ industryrecognized copyright anticircumvention or copy protection
techniques to discourage copying of the
FBI APW Seal, except that such
techniques need not be used if no other
content or advertising programmed into
the same work on the same media
utilizes such copyright anticircumvention or copy protection
techniques.
(f) Prohibitions regarding use of the
APW Seal. (1) The APW Seal shall not
be used in a manner indicating FBI
approval, authorization, or endorsement
of any communication other than the
authorized warning language. No other
text or image that appears on the same
screen, page, package, etc., as the APW
Seal or authorized warning language
shall reference, contradict, or be
displayed in a manner that appears to be
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
associated with, the APW Seal or
authorized warning language, except as
authorized in writing by the Director of
the FBI or his or her designee and
posted on the FBI’s official public
Internet Web site (https://www.fbi.gov).
(2) The APW Seal shall not be used
on any work whose production, sale,
public presentation, or distribution by
mail or in or affecting interstate
commerce would violate the laws of the
United States including, but not limited
to, those protecting intellectual property
and those prohibiting child
pornography and obscenity.
(3) The APW Seal shall not be
forwarded or copied except as necessary
to display it on an eligible work.
(4) The APW Seal shall not be used
in any manner:
(i) Indicating that the FBI has
approved, authorized, or endorsed any
work, product, production, or private
entity, including the work on which it
appears;
(ii) Indicating that the FBI has
determined that a particular work or
portion thereof is entitled to protection
of the law; or,
(iii) Indicating that any item or
communication, except as provided
herein, originated from, on behalf of, or
in coordination with the FBI, whether
for enforcement purposes, education, or
otherwise.
Dated: June 28, 2012.
Lee J. Lofthus,
Assistant Attorney General for
Administration.
[FR Doc. 2012–16506 Filed 7–12–12; 8:45 am]
BILLING CODE 4410–02–P
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
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
SUMMARY:
E:\FR\FM\13JYR1.SGM
13JYR1
41321
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
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
Community
No.
State and location
tkelley on DSK3SPTVN1PROD with RULES
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
Region I
Massachusetts:
Abington, Town of, Plymouth County ....
250259
Bellingham, Town of, Norfolk County ....
250232
Braintree, Town of, Norfolk County .......
250233
VerDate Mar<15>2010
16:29 Jul 12, 2012
Jkt 226001
PO 00000
Frm 00075
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]
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.
§ 64.6
[Amended]
2. The tables published under the
authority of § 64.6 are amended as
follows:
■
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
March 6, 1974, Emerg; September 30,
1977, Reg; July 17, 2012, Susp.
July 25, 1975, Emerg; December 15, 1982,
Reg; July 17, 2012, Susp.
November 10, 1972, Emerg; June 1, 1978,
Reg; July 17, 2012, Susp.
July 17, 2012 ....
Fmt 4700
Sfmt 4700
E:\FR\FM\13JYR1.SGM
Date certain
Federal assistance no longer
available in
SFHAs
July 17, 2012.
......do ...............
Do.
......do ...............
Do.
13JYR1
41322
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
Community
No.
State and location
250260
Brockton, Town of, Plymouth County ....
250261
Brookline, Town of, Norfolk County ......
250234
Carver, Town of, Plymouth County .......
250262
Dedham, Town of, Norfolk County ........
250237
Duxbury, Town of, Plymouth County ....
250263
East Bridgewater, Town of, Plymouth
County.
Foxborough, Town of, Norfolk County ..
250264
Franklin, Town of, Norfolk County .........
250240
Hanover, Town of, Plymouth County ....
250266
Hanson, Town of, Plymouth County .....
250267
Hull, Town of, Plymouth County ............
250269
Lakeville, Town of, Plymouth County ....
250271
Marion, Town of, Plymouth County .......
255213
Medfield, Town of, Norfolk County ........
250242
Medway, Town of, Norfolk County ........
250243
Middleborough, Town of, Plymouth
County.
Needham, Town of, Norfolk County ......
250275
255215
Norfolk, Town of, Norfolk County ..........
255217
Norwell, Town of, Plymouth County ......
250276
Norwood, Town of, Norfolk County .......
250248
Plainville, Town of, Norfolk County .......
250249
Quincy, City of, Norfolk County .............
255219
Randolph, Town of, Norfolk County ......
250251
Rockland, Town of, Plymouth County ...
250281
Stoughton, Town of, Norfolk County .....
250253
Wellesley, Town of, Norfolk County ......
250255
West Bridgewater, Town of, Plymouth
County.
Westwood, Town of, Norfolk County .....
250284
Weymouth, Town of, Norfolk County ....
250257
Whitman, Town of, Plymouth County ....
250285
Wrentham, Town of, Norfolk County .....
tkelley on DSK3SPTVN1PROD with RULES
Bridgewater, Town of, Plymouth County
250258
Region IV
Alabama:
Clarke County, Unincorporated Areas ..
010316
Coffeeville, Town of, Clarke County ......
010484
VerDate Mar<15>2010
16:29 Jul 12, 2012
Jkt 226001
PO 00000
250239
255225
Frm 00076
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
November 28, 1975, Emerg; May 17, 1982,
Reg; July 17, 2012, Susp.
January 21, 1974, Emerg; March 1, 1979,
Reg; July 17, 2012, Susp.
March 24, 1972, Emerg; May 2, 1977, Reg;
July 17, 2012, Susp.
July 29, 1975, Emerg; July 19, 1982, Reg;
July 17, 2012, Susp.
September 6, 1974, Emerg; December 1,
1978, Reg; July 17, 2012, Susp.
September 29, 1972, Emerg; May 2, 1977,
Reg; July 17, 2012, Susp.
July 23, 1975, Emerg; July 2, 1981, Reg;
July 17, 2012, Susp.
June 20, 1975, Emerg; December 4, 1979,
Reg; July 17, 2012, Susp.
June 13, 1975, Emerg; February 17, 1982,
Reg; July 17, 2012, Susp.
July 9, 1975, Emerg; December 15, 1982,
Reg; July 17, 2012, Susp.
April 3, 1975, Emerg; January 20, 1982,
Reg; July 17, 2012, Susp.
December 29, 1972, Emerg; May 2, 1983,
Reg; July 17, 2012, Susp.
April 15, 1975, Emerg; June 4, 1980, Reg;
July 17, 2012, Susp.
October 8, 1971, Emerg; April 6, 1973,
Reg; July 17, 2012, Susp.
September 6, 1974, Emerg; July 16, 1979,
Reg; July 17, 2012, Susp.
August 11, 1975, Emerg; June 18, 1980,
Reg; July 17, 2012, Susp.
May 28, 1975, Emerg; September 16, 1981,
Reg; July 17, 2012, Susp.
June 25, 1971, Emerg; April 13, 1973, Reg;
July 17, 2012, Susp.
July 10, 1970, Emerg; August 20, 1971,
Reg; July 17, 2012, Susp.
July 9, 1975, Emerg; July 19, 1982, Reg;
July 17, 2012, Susp.
July 2, 1975, Emerg; February 1, 1980,
Reg; July 17, 2012, Susp.
October 29, 1974, Emerg; July 2, 1981,
Reg; July 17, 2012, Susp.
June 19, 1970, Emerg; September 21,
1973, Reg; July 17, 2012, Susp.
October 15, 1971, Emerg; May 1, 1978,
Reg; July 17, 2012, Susp.
July 24, 1975, Emerg; July 19, 1982, Reg;
July 17, 2012, Susp.
March 4, 1975, Emerg; June 1, 1982, Reg;
July 17, 2012, Susp.
December 22, 1972, Emerg; September 5,
1979, Reg; July 17, 2012, Susp.
July 24, 1975, Emerg; June 15, 1982, Reg;
July 17, 2012, Susp.
January 14, 1972, Emerg; November 2,
1973, Reg; July 17, 2012, Susp.
December 15, 1972, Emerg; September 30,
1980, Reg; July 17, 2012, Susp.
March 12, 1975, Emerg; July 2, 1981, Reg;
July 17, 2012, Susp.
December 10, 1974, Emerg; July 5, 1982,
Reg; July 17, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
October 30, 2006, Emerg; October 16,
2008, Reg; July 17, 2012, Susp.
N/A, Emerg; May 20, 2010, Reg; July 17,
2012, Susp.
......do ...............
Do.
......do ...............
Do.
Fmt 4700
Sfmt 4700
E:\FR\FM\13JYR1.SGM
13JYR1
41323
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Rules and Regulations
Community
No.
State and location
Fulton, Town of, Clarke County ............
010038
Jackson, City of, Clarke County ............
010040
Thomasville, City of, Clarke County ......
010041
Kentucky: Tompkinsville, City of, Monroe
County.
210420
Region VI
Arkansas:
Carthage, City of, Dallas County ...........
050062
Dallas County, Unincorporated Areas ...
050061
Fordyce, City of, Dallas County ............
050063
Sparkman, City of, Dallas County .........
050064
Oklahoma:
Ada, City of, Pontotoc County ...............
400173
Byng, Town of, Pontotoc County ..........
400175
Pontotoc County, Unincorporated Areas
400495
Roff, Town of, Pontotoc County ............
400176
Texas: Zapata
Areas.
County,
Unincorporated
480687
Region VIII
Colorado:
Clear Creek County, Unincorporated
Areas.
Georgetown, Town of, Clear Creek
County.
Idaho Springs, City of, Clear Creek
County.
080034
080035
080036
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 14, 2000, Emerg; October 16, 2008,
Reg; July 17, 2012, Susp.
August 11, 1975, Emerg; December 17,
1987, Reg; July 17, 2012, Susp.
April 19, 1976, Emerg; September 18,
1985, Reg; July 17, 2012, Susp.
September
26,
2011,
Emerg;
N/A, Reg; July 17, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
February 4, 1976, Emerg; August 22, 1978,
Reg; July 17, 2012, Susp.
July 12, 1988, Emerg; December 1, 1989,
Reg; July 17, 2012, Susp.
March 12, 1975, Emerg; May 15, 1980,
Reg; July 17, 2012, Susp.
May 5, 1975, Emerg; March 1, 1988, Reg;
July 17, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 22, 1974, Emerg; July 16, 1980, Reg;
July 17, 2012, Susp.
N/A, Emerg; April 1, 2011, Reg; July 17,
2012, Susp.
February 9, 2006, Emerg; N/A, Reg; July
17, 2012, Susp.
December 8, 1977, Emerg; November 27,
1979, Reg; July 17, 2012, Susp.
December 7, 2006, Emerg; N/A, Reg; July
17, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
November 27, 1973, Emerg; March 11,
1980, Reg; July 17, 2012, Susp.
April 9, 1974, Emerg; June 5, 1989, Reg;
July 17, 2012, Susp.
December 4, 1973, Emerg; November 15,
1978, Reg; July 17, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......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.
[FR Doc. 2012–17060 Filed 7–12–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
tkelley on DSK3SPTVN1PROD with RULES
[Docket ID FEMA–2012–0003]
Final Flood Elevation Determinations
The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
ADDRESSES:
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
16:29 Jul 12, 2012
The date of issuance of the Flood
Insurance Rate Map (FIRM) showing
BFEs and modified BFEs for each
community. This date may be obtained
by contacting the office where the maps
are available for inspection as indicated
in the table below.
DATES:
44 CFR Part 67
VerDate Mar<15>2010
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
SUMMARY:
Jkt 226001
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Associate
Administrator for Mitigation has
resolved any appeals resulting from this
notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
E:\FR\FM\13JYR1.SGM
13JYR1
Agencies
[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Rules and Regulations]
[Pages 41320-41323]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17060]
=======================================================================
-----------------------------------------------------------------------
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 the
[[Page 41321]]
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
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 I
Massachusetts:
Abington, Town of, Plymouth 250259 March 6, 1974, July 17, 2012......... July 17, 2012.
County. Emerg; September
30, 1977, Reg;
July 17, 2012,
Susp.
Bellingham, Town of, 250232 July 25, 1975, ......do.............. Do.
Norfolk County. Emerg; December
15, 1982, Reg;
July 17, 2012,
Susp.
Braintree, Town of, Norfolk 250233 November 10, ......do.............. Do.
County. 1972, Emerg;
June 1, 1978,
Reg; July 17,
2012, Susp.
[[Page 41322]]
Bridgewater, Town of, 250260 November 28, ......do.............. Do.
Plymouth County. 1975, Emerg; May
17, 1982, Reg;
July 17, 2012,
Susp.
Brockton, Town of, Plymouth 250261 January 21, 1974, ......do.............. Do.
County. Emerg; March 1,
1979, Reg; July
17, 2012, Susp.
Brookline, Town of, Norfolk 250234 March 24, 1972, ......do.............. Do.
County. Emerg; May 2,
1977, Reg; July
17, 2012, Susp.
Carver, Town of, Plymouth 250262 July 29, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; July
17, 2012, Susp.
Dedham, Town of, Norfolk 250237 September 6, ......do.............. Do.
County. 1974, Emerg;
December 1,
1978, Reg; July
17, 2012, Susp.
Duxbury, Town of, Plymouth 250263 September 29, ......do.............. Do.
County. 1972, Emerg; May
2, 1977, Reg;
July 17, 2012,
Susp.
East Bridgewater, Town of, 250264 July 23, 1975, ......do.............. Do.
Plymouth County. Emerg; July 2,
1981, Reg; July
17, 2012, Susp.
Foxborough, Town of, 250239 June 20, 1975, ......do.............. Do.
Norfolk County. Emerg; December
4, 1979, Reg;
July 17, 2012,
Susp.
Franklin, Town of, Norfolk 250240 June 13, 1975, ......do.............. Do.
County. Emerg; February
17, 1982, Reg;
July 17, 2012,
Susp.
Hanover, Town of, Plymouth 250266 July 9, 1975, ......do.............. Do.
County. Emerg; December
15, 1982, Reg;
July 17, 2012,
Susp.
Hanson, Town of, Plymouth 250267 April 3, 1975, ......do.............. Do.
County. Emerg; January
20, 1982, Reg;
July 17, 2012,
Susp.
Hull, Town of, Plymouth 250269 December 29, ......do.............. Do.
County. 1972, Emerg; May
2, 1983, Reg;
July 17, 2012,
Susp.
Lakeville, Town of, 250271 April 15, 1975, ......do.............. Do.
Plymouth County. Emerg; June 4,
1980, Reg; July
17, 2012, Susp.
Marion, Town of, Plymouth 255213 October 8, 1971, ......do.............. Do.
County. Emerg; April 6,
1973, Reg; July
17, 2012, Susp.
Medfield, Town of, Norfolk 250242 September 6, ......do.............. Do.
County. 1974, Emerg;
July 16, 1979,
Reg; July 17,
2012, Susp.
Medway, Town of, Norfolk 250243 August 11, 1975, ......do.............. Do.
County. Emerg; June 18,
1980, Reg; July
17, 2012, Susp.
Middleborough, Town of, 250275 May 28, 1975, ......do.............. Do.
Plymouth County. Emerg; September
16, 1981, Reg;
July 17, 2012,
Susp.
Needham, Town of, Norfolk 255215 June 25, 1971, ......do.............. Do.
County. Emerg; April 13,
1973, Reg; July
17, 2012, Susp.
Norfolk, Town of, Norfolk 255217 July 10, 1970, ......do.............. Do.
County. Emerg; August
20, 1971, Reg;
July 17, 2012,
Susp.
Norwell, Town of, Plymouth 250276 July 9, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; July
17, 2012, Susp.
Norwood, Town of, Norfolk 250248 July 2, 1975, ......do.............. Do.
County. Emerg; February
1, 1980, Reg;
July 17, 2012,
Susp.
Plainville, Town of, 250249 October 29, 1974, ......do.............. Do.
Norfolk County. Emerg; July 2,
1981, Reg; July
17, 2012, Susp.
Quincy, City of, Norfolk 255219 June 19, 1970, ......do.............. Do.
County. Emerg; September
21, 1973, Reg;
July 17, 2012,
Susp.
Randolph, Town of, Norfolk 250251 October 15, 1971, ......do.............. Do.
County. Emerg; May 1,
1978, Reg; July
17, 2012, Susp.
Rockland, Town of, Plymouth 250281 July 24, 1975, ......do.............. Do.
County. Emerg; July 19,
1982, Reg; July
17, 2012, Susp.
Stoughton, Town of, Norfolk 250253 March 4, 1975, ......do.............. Do.
County. Emerg; June 1,
1982, Reg; July
17, 2012, Susp.
Wellesley, Town of, Norfolk 250255 December 22, ......do.............. Do.
County. 1972, Emerg;
September 5,
1979, Reg; July
17, 2012, Susp.
West Bridgewater, Town of, 250284 July 24, 1975, ......do.............. Do.
Plymouth County. Emerg; June 15,
1982, Reg; July
17, 2012, Susp.
Westwood, Town of, Norfolk 255225 January 14, 1972, ......do.............. Do.
County. Emerg; November
2, 1973, Reg;
July 17, 2012,
Susp.
Weymouth, Town of, Norfolk 250257 December 15, ......do.............. Do.
County. 1972, Emerg;
September 30,
1980, Reg; July
17, 2012, Susp.
Whitman, Town of, Plymouth 250285 March 12, 1975, ......do.............. Do.
County. Emerg; July 2,
1981, Reg; July
17, 2012, Susp.
Wrentham, Town of, Norfolk 250258 December 10, ......do.............. Do.
County. 1974, Emerg;
July 5, 1982,
Reg; July 17,
2012, Susp.
Region IV
Alabama:
Clarke County, 010316 October 30, 2006, ......do.............. Do.
Unincorporated Areas. Emerg; October
16, 2008, Reg;
July 17, 2012,
Susp.
Coffeeville, Town of, 010484 N/A, Emerg; May ......do.............. Do.
Clarke County. 20, 2010, Reg;
July 17, 2012,
Susp.
[[Page 41323]]
Fulton, Town of, Clarke 010038 August 14, 2000, ......do.............. Do.
County. Emerg; October
16, 2008, Reg;
July 17, 2012,
Susp.
Jackson, City of, Clarke 010040 August 11, 1975, ......do.............. Do.
County. Emerg; December
17, 1987, Reg;
July 17, 2012,
Susp.
Thomasville, City of, 010041 April 19, 1976, ......do.............. Do.
Clarke County. Emerg; September
18, 1985, Reg;
July 17, 2012,
Susp.
Kentucky: Tompkinsville, City 210420 September 26, ......do.............. Do.
of, Monroe County. 2011, Emerg; N/
A, Reg; July 17,
2012, Susp.
Region VI
Arkansas:
Carthage, City of, Dallas 050062 February 4, 1976, ......do.............. Do.
County. Emerg; August
22, 1978, Reg;
July 17, 2012,
Susp.
Dallas County, 050061 July 12, 1988, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1989, Reg;
July 17, 2012,
Susp.
Fordyce, City of, Dallas 050063 March 12, 1975, ......do.............. Do.
County. Emerg; May 15,
1980, Reg; July
17, 2012, Susp.
Sparkman, City of, Dallas 050064 May 5, 1975, ......do.............. Do.
County. Emerg; March 1,
1988, Reg; July
17, 2012, Susp.
Oklahoma:
Ada, City of, Pontotoc 400173 May 22, 1974, ......do.............. Do.
County. Emerg; July 16,
1980, Reg; July
17, 2012, Susp.
Byng, Town of, Pontotoc 400175 N/A, Emerg; April ......do.............. Do.
County. 1, 2011, Reg;
July 17, 2012,
Susp.
Pontotoc County, 400495 February 9, 2006, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
July 17, 2012,
Susp.
Roff, Town of, Pontotoc 400176 December 8, 1977, ......do.............. Do.
County. Emerg; November
27, 1979, Reg;
July 17, 2012,
Susp.
Texas: Zapata County, 480687 December 7, 2006, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
July 17, 2012,
Susp.
Region VIII
Colorado:
Clear Creek County, 080034 November 27, ......do.............. Do.
Unincorporated Areas. 1973, Emerg;
March 11, 1980,
Reg; July 17,
2012, Susp.
Georgetown, Town of, Clear 080035 April 9, 1974, ......do.............. Do.
Creek County. Emerg; June 5,
1989, Reg; July
17, 2012, Susp.
Idaho Springs, City of, 080036 December 4, 1973, ......do.............. Do.
Clear Creek County. Emerg; November
15, 1978, Reg;
July 17, 2012,
Susp.
----------------------------------------------------------------------------------------------------------------
*......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.
[FR Doc. 2012-17060 Filed 7-12-12; 8:45 am]
BILLING CODE 9110-12-P