Suspension of Community Eligibility, 69564-69567 [2012-28121]
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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Rules and Regulations
completion of the new SR 509, the
Murray Morgan Bridge connection
between Northeast Tacoma and
downtown was severed due to roadway
reconfiguration, resulting in traffic
volumes dropping dramatically;
therefore, the bridge no longer conveys
high volumes of traffic during the
morning and afternoon rush hours.
The third change being tested in this
deviation is principally administrative
and changes the contact information for
emergency bridge openings. The
existing regulation states ‘‘In
emergencies, openings shall be made as
soon as possible upon notification to the
Washington State Department of
Transportation.’’ The change being
tested in this deviation requires
notification for emergency opening to be
made to the City of Tacoma. The reason
for this change is because Washington
State turned over ownership and
responsibility of the bridge to the City
of Tacoma on January 6, 1998.
Under this temporary deviation the
bridge will operate as follows. The draw
of the Murray Morgan Bridge, also
known as the South 11th Street Bridge,
across Thea Foss Waterway, previously
known as City Waterway, mile 0.6, at
Tacoma, shall open on signal if at least
two hours notice is given. However, to
obtain a bridge opening between 10 p.m.
and 8 a.m. notification must be made to
the City of Tacoma by 8 p.m. In
emergencies, openings shall be made as
soon as possible upon notification to the
City of Tacoma. The Murray Morgan
Bridge is a vertical lift bridge which
provides a vertical clearance of 60 feet
above mean high water. Vessels which
do not require a bridge opening may
continue to transit beneath the bridge at
any time.
The Coast Guard has issued a Notice
of Proposed Rule Making (NPRM) under
docket number USCG–2012–0911 to
receive comments on these changes.
Comments can be submitted for this
deviation or for the NPRM by following
procedures outlined in the
SUBMITTING COMMENTS section
above.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 2, 2012.
Randall D. Overton,
Bridge Administrator.
[FR Doc. 2012–28129 Filed 11–19–12; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2012–0979]
Drawbridge Operation Regulation;
Bayou Boeuf, Amelia, LA
Coast Guard, DHS.
Notice of temporary deviation
from regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Burlington
Northern Santa Fe (BNSF) Railway
Company swing span bridge across
Bayou Boeuf, mile 10.2, at Amelia, St.
Mary Parish, Louisiana. The deviation is
necessary to complete scheduled repairs
necessitated by a bridge allision. This
deviation allows the bridge to remain in
the closed-to-navigation position for
sixteen consecutive hours.
DATES: This deviation is effective from
7 a.m. through 11 p.m. on Thursday,
December 6, 2012.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2012–
0979 and are available online by going
to https://www.regulations.gov, inserting
USCG–2012–0979 in the ‘‘Keyword’’
box and then clicking ‘‘Search’’. They
are also available for inspection or
copying at the Docket Management
Facility (M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Jim Wetherington, Bridge Branch
Office, Coast Guard; telephone 504–
671–2128, email
james.r.wetherington@uscg.mil. If you
have questions on viewing the docket,
call Renee V. Wright, Program Manager,
Docket Operations, telephone 202–366–
9826.
SUPPLEMENTARY INFORMATION: The BNSF
Railway Company has requested a
temporary deviation from the operating
schedule of the swing span railroad
bridge across Bayou Boeuf, mile 10.2, at
Amelia, St. Mary Parish, Louisiana. The
bridge provides no vertical clearance in
the closed-to-navigation position.
In accordance with 33 CFR 117.5, the
bridge currently opens on signal for the
passage of vessels. This deviation allows
the vertical lift span of the bridge to
remain in the closed-to-navigation
SUMMARY:
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position from 7 a.m. through 11 p.m. on
Thursday, December 6, 2012.
The closure is necessary in order to
change out a shaft and reducer gear
damaged during a bridge allision earlier
this year. Notices will be published in
the Eighth Coast Guard District Local
Notice to Mariners and will be broadcast
via the Coast Guard Broadcast Notice to
Mariners System.
Navigation at the site of the bridge
consists mainly of tows with barges and
some recreational pleasure craft. Due to
prior experience, as well as
coordination with waterway users, it
has been determined that this closure
will not have a significant effect on
these vessels. An alternate route is
available by using the GIWW, Morgan
City to Port Allen Alternate Route.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time period. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: November 6, 2012.
David M. Frank,
Bridge Administrator.
[FR Doc. 2012–28128 Filed 11–19–12; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8257]
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. Also, information
identifying the current participation
SUMMARY:
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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Rules and Regulations
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
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
Community
No.
State and location
wreier-aviles on DSK5TPTVN1PROD with
Region IV
Florida:
Fellsmere, City of, Indian River County
120120
Indian River County, Unincorporated
Areas.
Indian River Shores, Town of, Indian
River County.
Orchid, Town of, Indian River County ...
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120119
120121
120122
Frm 00013
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:
■
Date certain
Federal
assistance
no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
N/A, Emerg; October 18, 1993, Reg; December 4, 2012, Susp.
July 14, 1972, Emerg; July 3, 1978, Reg;
December 4, 2012, Susp.
August 15, 1973, Emerg; September 5,
1979, Reg; December 4, 2012, Susp.
July 24, 1975, Emerg; April 15, 1980, Reg;
December 4, 2012, Susp.
Dec. 4, 2012 .....
Dec. 4, 2012.
......do* ..............
Do.
......do ...............
Do.
......do ...............
Do.
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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Rules and Regulations
Community
No.
State and location
Sebastian, City of, Indian River County
120123
Vero Beach, City of, Indian River County.
120124
Region V
Indiana:
Floyd County, Unincorporated Areas. ...
180432
Georgetown, Town of, Floyd County ....
180063
New Albany, City of, Floyd County .......
180062
Pine Village, Town of, Warren County ..
180564
Warren County, Unincorporated Areas.
180448
West Lebanon, Town of, Warren County.
Williamsport, Town of, Warren County ..
180565
Michigan:
Chesterfield, Township of, Macomb
County.
Clinton, Charter Township of, Macomb
County.
Harrison, Township of, Macomb County
Iron Mountain, City of, Dickinson County.
Kingsford, City of, Dickinson County .....
Mount Clemens, City of, Macomb
County.
New Baltimore, City of, Macomb County.
Saint Clair Shores, City of, Macomb
County.
Waucedah, Township of, Dickinson
County.
180272
260120
260121
260123
260063
260064
260124
260125
260127
260986
350052
Santa Fe, City of, Santa Fe County ......
350070
Santa Fe County, Unincorporated
Areas.
Texas:.
Briaroaks, City of, Johnson County .......
350069
480398
Cleburne, City of, Johnson County .......
485462
Godley, City of, Johnson County ..........
480880
Grandview, City of, Johnson County .....
480881
Johnson County, Unincorporated Areas
480879
Joshua, City of, Johnson County ..........
480882
Keene, City of, Johnson County ...........
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Region VI
New Mexico:
˜
Espanola, City of, Santa Fe County ......
481107
Mansfield, City of, Johnson County ......
480606
Rio Vista, Village of, Johnson County ...
481159
Venus, City of, Johnson County ............
480883
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14:35 Nov 19, 2012
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Date certain
Federal
assistance
no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
September 2, 1975, Emerg; April 15, 1980,
Reg; December 4, 2012, Susp.
December 15, 1972, Emerg; September 30,
1977, Reg; December 4, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
December 2, 1976, Emerg; January 2,
1981, Reg; December 4, 2012, Susp.
March 31, 1975, Emerg; March 28, 1980,
Reg; December 4, 2012, Susp.
October 1, 1971, Emerg; December 17,
1976, Reg; December 4, 2012, Susp.
December 19, 2008, Emerg; N/A, Reg; December 4, 2012, Susp.
February 25, 2004, Emerg; N/A, Reg; December 4, 2012, Susp.
December 19, 2008, Emerg; N/A, Reg; December 4, 2012, Susp.
June 3, 1976, Emerg; September 1, 1988,
Reg; December 4, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
November 24, 1972, Emerg; July 3, 1978,
Reg; December 4, 2012, Susp.
February 9, 1973, Emerg; August 1, 1979,
Reg; December 4, 2012, Susp.
December 8, 1972, Emerg; May 5, 1981,
Reg; December 4, 2012, Susp.
April 8, 1975, Emerg; October 16, 1991,
Reg; December 4, 2012, Susp.
June 23, 1975, Emerg; N/A, Reg; December 4, 2012, Susp.
April 5, 1973, Emerg; July 16, 1980, Reg;
December 4, 2012, Susp.
January 12, 1973, Emerg; September 1,
1978, Reg; December 4, 2012, Susp.
December 1, 1972, Emerg; August 1, 1979,
Reg; December 4, 2012, Susp.
March 11, 1997, Emerg; N/A, Reg; December 4, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
April 4, 1975, Emerg; February 19, 1986,
Reg; December 4, 2012, Susp.
February 13, 1975, Emerg; July 2, 1980,
Reg; December 4, 2012, Susp.
March 25, 1976, Emerg; November 4,
1988, Reg; December 4, 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.
N/A, Emerg; June 15, 2010, Reg; December 4, 2012, Susp.
April 2, 1971, Emerg; June 23, 1972, Reg;
December 4, 2012, Susp.
N/A, Emerg; February 18, 2011, Reg; December 4, 2012, Susp.
N/A, Emerg; July 17, 2002, Reg; December
4, 2012, Susp.
August 25, 1989, Emerg; September 27,
1991, Reg; December 4, 2012, Susp.
September 9, 1991, Emerg; September 27,
1991, Reg; December 4, 2012, Susp.
N/A, Emerg; February 21, 2001, Reg; December 4, 2012, Susp.
February 28, 1975, Emerg; December 18,
1985, Reg; December 4, 2012, Susp.
September 6, 1991, Emerg; September 27,
1991, Reg; December 4, 2012, Susp.
May 13, 1991, Emerg; September 27, 1991,
Reg; December 4, 2012, Susp.
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Federal Register / Vol. 77, No. 224 / Tuesday, November 20, 2012 / Rules and Regulations
Community
No.
State and location
Region VII
Iowa:
Barnum, City of, Webster County .........
190528
Dayton, City of, Webster County ...........
190565
Fort Dodge, City of, Webster County ....
195181
Lehigh, City of, Webster County ...........
190310
Moorland, City of, Webster County .......
190784
Webster County, Unincorporated Areas
190831
Region VIII
Montana:
Carbon County, Unincorporated Areas
300139
Fromberg, Town of, Carbon County .....
300005
Joliet, Town of, Carbon County .............
300006
Red Lodge, City of, Carbon County ......
300007
Date certain
Federal
assistance
no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
May 6, 1994, Emerg; September 1, 1996,
Reg; December 4, 2012, Susp.
August 19, 1994, Emerg; September 1,
1996, Reg; December 4, 2012, Susp.
June 19, 1970, Emerg; April 9, 1971, Reg;
December 4, 2012, Susp.
October 3, 1979, Emerg; September 4,
1985, Reg; December 4, 2012, Susp.
August 20, 1993, Emerg; September 1,
1996, Reg; December 4, 2012, Susp.
March 2, 1979, Emerg; October 1, 1985,
Reg; December 4, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
March 23, 1978, Emerg; November 4,
1981, Reg; December 4, 2012, Susp.
May 12, 1976, Emerg; November 4, 1981,
Reg; December 4, 2012, Susp.
April 26, 1979, Emerg; May 19, 1981, Reg;
December 4, 2012, Susp.
June 30, 1975, Emerg; May 19, 1981, Reg;
December 4, 2012, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspension.
Dated: November 8, 2012.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012–28121 Filed 11–19–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111220786–1781–01]
RIN 0648–XC340
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
wreier-aviles on DSK5TPTVN1PROD with
AGENCY:
NMFS announces that the
State of North Carolina is transferring a
portion of its 2012 commercial summer
flounder quota to the State of Rhode
Island. NMFS is adjusting the quotas
SUMMARY:
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14:35 Nov 19, 2012
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and announcing the revised commercial
quota for each state involved.
DATES: Effective November 19, 2012,
through December 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Management
Specialist, 978–281–9224.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are in 50 CFR part 648,
and require annual specification of a
commercial quota that is apportioned
among the coastal states from North
Carolina through Maine. The process to
set the annual commercial quota and the
percent allocated to each state are
described in § 648.100.
The final rule implementing
Amendment 5 to the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan, which was published
on December 17, 1993 (58 FR 65936),
provided a mechanism for summer
flounder quota to be transferred from
one state to another. Two or more states,
under mutual agreement and with the
concurrence of the Administrator,
Northeast Region, NMFS (Regional
Administrator), can transfer or combine
summer flounder commercial quota
under § 648.102(c)(2). The Regional
Administrator is required to consider
the criteria in § 648.102(c)(2)(i) to
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Fmt 4700
Sfmt 9990
evaluate requests for quota transfers or
combinations.
North Carolina has agreed to transfer
13,925 lb (6,316 kg) of its 2012
commercial quota to Rhode Island. This
transfer was prompted by summer
flounder landings of one North Carolina
vessels that was granted safe harbor in
Rhode Island due to Hurricane Sandy,
on October 30, 2012, thereby requiring
a quota transfer to account for an
increase in Rhode Island’s landings that
would have otherwise accrued against
the North Carolina quota. The Regional
Administrator has determined that the
criteria set forth in § 648.102(c)(2)(i)
have been met. The revised summer
flounder quotas for calendar year 2012
are: North Carolina, 1,589,325 lb
(720,955 kg); and Rhode Island,
2,010,325 lb (911,868 kg).
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 14, 2012.
Lindsey Fullenkamp,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2012–28246 Filed 11–19–12; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 224 (Tuesday, November 20, 2012)]
[Rules and Regulations]
[Pages 69564-69567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28121]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8257]
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. Also, information identifying
the current participation
[[Page 69565]]
status of a community can be obtained from FEMA's Community Status Book
(CSB). The CSB is available at https://www.fema.gov/fema/csb.shtm.
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 IV
Florida:
Fellsmere, City of, Indian 120120 N/A, Emerg; Dec. 4, 2012.......... Dec. 4, 2012.
River County. October 18,
1993, Reg;
December 4,
2012, Susp.
Indian River County, 120119 July 14, 1972, ......do*............. Do.
Unincorporated Areas. Emerg; July 3,
1978, Reg;
December 4,
2012, Susp.
Indian River Shores, Town 120121 August 15, 1973, ......do.............. Do.
of, Indian River County. Emerg; September
5, 1979, Reg;
December 4,
2012, Susp.
Orchid, Town of, Indian 120122 July 24, 1975, ......do.............. Do.
River County. Emerg; April 15,
1980, Reg;
December 4,
2012, Susp.
[[Page 69566]]
Sebastian, City of, Indian 120123 September 2, ......do.............. Do.
River County. 1975, Emerg;
April 15, 1980,
Reg; December 4,
2012, Susp.
Vero Beach, City of, Indian 120124 December 15, ......do.............. Do.
River County. 1972, Emerg;
September 30,
1977, Reg;
December 4,
2012, Susp.
Region V
Indiana:
Floyd County, 180432 December 2, 1976, ......do.............. Do.
Unincorporated Areas.. Emerg; January
2, 1981, Reg;
December 4,
2012, Susp.
Georgetown, Town of, Floyd 180063 March 31, 1975, ......do.............. Do.
County. Emerg; March 28,
1980, Reg;
December 4,
2012, Susp.
New Albany, City of, Floyd 180062 October 1, 1971, ......do.............. Do.
County. Emerg; December
17, 1976, Reg;
December 4,
2012, Susp.
Pine Village, Town of, 180564 December 19, ......do.............. Do.
Warren County. 2008, Emerg; N/
A, Reg; December
4, 2012, Susp.
Warren County, 180448 February 25, ......do.............. Do.
Unincorporated Areas.. 2004, Emerg; N/
A, Reg; December
4, 2012, Susp.
West Lebanon, Town of, 180565 December 19, ......do.............. Do.
Warren County. 2008, Emerg; N/
A, Reg; December
4, 2012, Susp.
Williamsport, Town of, 180272 June 3, 1976, ......do.............. Do.
Warren County. Emerg; September
1, 1988, Reg;
December 4,
2012, Susp.
Michigan:
Chesterfield, Township of, 260120 November 24, ......do.............. Do.
Macomb County. 1972, Emerg;
July 3, 1978,
Reg; December 4,
2012, Susp.
Clinton, Charter Township 260121 February 9, 1973, ......do.............. Do.
of, Macomb County. Emerg; August 1,
1979, Reg;
December 4,
2012, Susp.
Harrison, Township of, 260123 December 8, 1972, ......do.............. Do.
Macomb County. Emerg; May 5,
1981, Reg;
December 4,
2012, Susp.
Iron Mountain, City of, 260063 April 8, 1975, ......do.............. Do.
Dickinson County. Emerg; October
16, 1991, Reg;
December 4,
2012, Susp.
Kingsford, City of, 260064 June 23, 1975, ......do.............. Do.
Dickinson County. Emerg; N/A, Reg;
December 4,
2012, Susp.
Mount Clemens, City of, 260124 April 5, 1973, ......do.............. Do.
Macomb County. Emerg; July 16,
1980, Reg;
December 4,
2012, Susp.
New Baltimore, City of, 260125 January 12, 1973, ......do.............. Do.
Macomb County. Emerg; September
1, 1978, Reg;
December 4,
2012, Susp.
Saint Clair Shores, City 260127 December 1, 1972, ......do.............. Do.
of, Macomb County. Emerg; August 1,
1979, Reg;
December 4,
2012, Susp.
Waucedah, Township of, 260986 March 11, 1997, ......do.............. Do.
Dickinson County. Emerg; N/A, Reg;
December 4,
2012, Susp.
Region VI
New Mexico:
Espa[ntilde]ola, City of, 350052 April 4, 1975, ......do.............. Do.
Santa Fe County. Emerg; February
19, 1986, Reg;
December 4,
2012, Susp.
Santa Fe, City of, Santa Fe 350070 February 13, ......do.............. Do.
County. 1975, Emerg;
July 2, 1980,
Reg; December 4,
2012, Susp.
Santa Fe County, 350069 March 25, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; November
4, 1988, Reg;
December 4,
2012, Susp.
Texas:.........................
Briaroaks, City of, Johnson 480398 N/A, Emerg; June ......do.............. Do.
County. 15, 2010, Reg;
December 4,
2012, Susp.
Cleburne, City of, Johnson 485462 April 2, 1971, ......do.............. Do.
County. Emerg; June 23,
1972, Reg;
December 4,
2012, Susp.
Godley, City of, Johnson 480880 N/A, Emerg; ......do.............. Do.
County. February 18,
2011, Reg;
December 4,
2012, Susp.
Grandview, City of, Johnson 480881 N/A, Emerg; July ......do.............. Do.
County. 17, 2002, Reg;
December 4,
2012, Susp.
Johnson County, 480879 August 25, 1989, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1991, Reg;
December 4,
2012, Susp.
Joshua, City of, Johnson 480882 September 9, ......do.............. Do.
County. 1991, Emerg;
September 27,
1991, Reg;
December 4,
2012, Susp.
Keene, City of, Johnson 481107 N/A, Emerg; ......do.............. Do.
County. February 21,
2001, Reg;
December 4,
2012, Susp.
Mansfield, City of, Johnson 480606 February 28, ......do.............. Do.
County. 1975, Emerg;
December 18,
1985, Reg;
December 4,
2012, Susp.
Rio Vista, Village of, 481159 September 6, ......do.............. Do.
Johnson County. 1991, Emerg;
September 27,
1991, Reg;
December 4,
2012, Susp.
Venus, City of, Johnson 480883 May 13, 1991, ......do.............. Do.
County. Emerg; September
27, 1991, Reg;
December 4,
2012, Susp.
[[Page 69567]]
Region VII
Iowa:
Barnum, City of, Webster 190528 May 6, 1994, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2012, Susp.
Dayton, City of, Webster 190565 August 19, 1994, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2012, Susp.
Fort Dodge, City of, 195181 June 19, 1970, ......do.............. Do.
Webster County. Emerg; April 9,
1971, Reg;
December 4,
2012, Susp.
Lehigh, City of, Webster 190310 October 3, 1979, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
December 4,
2012, Susp.
Moorland, City of, Webster 190784 August 20, 1993, ......do.............. Do.
County. Emerg; September
1, 1996, Reg;
December 4,
2012, Susp.
Webster County, 190831 March 2, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; October
1, 1985, Reg;
December 4,
2012, Susp.
Region VIII
Montana:
Carbon County, 300139 March 23, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; November
4, 1981, Reg;
December 4,
2012, Susp.
Fromberg, Town of, Carbon 300005 May 12, 1976, ......do.............. Do.
County. Emerg; November
4, 1981, Reg;
December 4,
2012, Susp.
Joliet, Town of, Carbon 300006 April 26, 1979, ......do.............. Do.
County. Emerg; May 19,
1981, Reg;
December 4,
2012, Susp.
Red Lodge, City of, Carbon 300007 June 30, 1975, ......do.............. Do.
County. Emerg; May 19,
1981, Reg;
December 4,
2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
Dated: November 8, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-28121 Filed 11-19-12; 8:45 am]
BILLING CODE 9110-12-P
