[Federal Register Volume 77, Number 43 (Monday, March 5, 2012)]
[Rules and Regulations]
[Pages 13010-13013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5218]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8221]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP) that are scheduled for suspension on the effective dates 
listed within this rule because of noncompliance with the floodplain 
management requirements of the program. If the Federal Emergency 
Management Agency (FEMA) receives documentation that the community has 
adopted the required floodplain management measures prior to the 
effective suspension date given in this rule, the suspension will not 
occur and a notice of this will be provided by publication in the 
Federal Register on a subsequent date.

DATES: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

FOR FURTHER INFORMATION CONTACT: If you want to determine whether a 
particular community was suspended on the suspension date or for 
further information, contact David Stearrett, Federal Insurance and 
Mitigation Administration, Federal Emergency Management Agency, 500 C 
Street SW., Washington, DC 20472, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
Federal flood insurance that is not otherwise generally available from 
private insurers. In return, communities agree to adopt and administer 
local floodplain management measures aimed at protecting lives and new 
construction from future flooding. Section 1315 of the National Flood 
Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale 
of NFIP flood insurance unless an appropriate public body adopts 
adequate floodplain management measures with effective enforcement 
measures. The communities listed in this document no longer meet that 
statutory requirement for compliance with program regulations, 44 CFR 
part 59. Accordingly, the communities will be suspended on the 
effective date in the third column. As of that date, flood insurance 
will no longer be available in the community. We recognize that some of 
these communities may adopt and submit the required documentation of 
legally enforceable floodplain management measures after this rule is 
published but prior to the actual suspension date. These communities 
will not be suspended and will continue to be eligible for the sale of 
NFIP flood insurance. A notice withdrawing the suspension of such 
communities will be published in the Federal Register.
    In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that 
identifies the Special Flood Hazard Areas (SFHAs) in these communities. 
The date of the FIRM, if one has been published, is indicated in the 
fourth column of the table. No direct Federal financial assistance 
(except assistance pursuant to the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act not in connection with a flood) may be 
provided for construction or acquisition of buildings in identified 
SFHAs for communities not participating in the NFIP and identified for 
more than a year on FEMA's initial FIRM for the community as having 
flood-prone areas (section 202(a) of the Flood Disaster Protection Act 
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against 
certain types of Federal assistance becomes effective for the 
communities listed on the date shown in the last column. The 
Administrator finds that notice and public comment procedures under 5 
U.S.C. 553(b), are impracticable and unnecessary because communities 
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless 
an appropriate public body adopts adequate floodplain management 
measures with effective enforcement measures. The communities listed no 
longer comply with the statutory requirements, and after the effective 
date, flood insurance will no longer be available in the communities 
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    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:

[[Page 13011]]



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                                                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
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          Region III
 
Pennsylvania:
    Barnett, Township of,             422440  April 25, 1979,     March 15, 2012........  March 15, 2012.
     Jefferson County.                         Emerg; August 24,
                                               1984, Reg;
                                              March 15, 2012,
                                               Susp.
    Beaver, Township of,              422441  May 15, 1979,       ......do..............   Do.
     Jefferson County.                         Emerg; February
                                               1, 1985, Reg;
                                               March 15, 2012,
                                               Susp.
    Bell, Township of,                422244  March 7, 1977,      ......do..............   Do.
     Jefferson County.                         Emerg; April 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
    Big Run, Borough of,              420508  May 18, 1976,       ......do..............   Do.
     Jefferson County.                         Emerg; June 4,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Brockway, Borough of,             420509  January 17, 1974,   ......do..............   Do.
     Jefferson County.                         Emerg; July 3,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Brookville, Borough of,           420510  June 18, 1974,      ......do..............   Do.
     Jefferson County.                         Emerg; April 16,
                                               1991, Reg; March
                                               15, 2012, Susp.
    Clover, Township of,              422442  May 18, 1976,       ......do..............   Do.
     Jefferson County.                         Emerg; July 3,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Eldred, Township of,              422443  May 21, 1979,       ......do..............   Do.
     Jefferson County.                         Emerg; January
                                               17, 1985, Reg;
                                               March 15, 2012,
                                               Susp.
    Falls Creek, Borough of,          420511  August 8, 1975,     ......do..............   Do.
     Jefferson County.                         Emerg; September
                                               6, 1989, Reg;
                                               March 15, 2012,
                                               Susp.
    Gaskill, Township of,             421727  February 3, 1976,   ......do..............   Do.
     Jefferson County.                         Emerg; June 18,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Heath, City of, Jefferson         421728  February 25, 1977,  ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
    Henderson, Township of,           421729  September 16,       ......do..............   Do.
     Jefferson County.                         1974, Emerg;
                                               April 1, 1986,
                                               Reg; March 15,
                                               2012, Susp.
    Knox, Township of,                421730  April 25, 1979,     ......do..............   Do.
     Jefferson County.                         Emerg; April 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
    McCalmont, City of,               421731  October 15, 1975,   ......do..............   Do.
     Jefferson County.                         Emerg; April 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
    Oliver, Township of,              421732  May 10, 1979,       ......do..............   Do.
     Jefferson County.                         Emerg; August 24,
                                               1984, Reg; March
                                               15, 2012, Susp.
    Perry, Township of,               422444  January 12, 1977,   ......do..............   Do.
     Jefferson County.                         Emerg; April 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
    Pinecreek, Township of,           422445  May 4, 1979,        ......do..............   Do.
     Jefferson County.                         Emerg; February
                                               1, 1985, Reg;
                                               March 15, 2012,
                                               Susp.
    Polk, Township of,                421733  May 16, 1979,       ......do..............   Do.
     Jefferson County.                         Emerg; September
                                               1, 1986, Reg;
                                               March 15, 2012,
                                               Susp.
    Porter, Township of,              422446  April 25, 1979,     ......do..............   Do.
     Jefferson County.                         Emerg; August 24,
                                               1984, Reg; March
                                               15, 2012, Susp.
    Punxsutawney, Borough of,         420512  October 24, 1973,   ......do..............   Do.
     Jefferson County.                         Emerg; February
                                               15, 1979, Reg;
                                               March 15, 2012,
                                               Susp.
    Reynoldsville, Borough of,        420513  February 22, 1974,  ......do..............   Do.
     Jefferson County.                         Emerg; April 17,
                                               1978, Reg; March
                                               15, 2012, Susp.
    Ringgold, Township of,            422447  March 7, 1977,      ......do..............   Do.
     Jefferson County.                         Emerg; August 24,
                                               1984, Reg; March
                                               15, 2012, Susp.
    Rose, Township of,                421734  May 9, 1979,        ......do..............   Do.
     Jefferson County.                         Emerg; September
                                               24, 1984, Reg;
                                               March 15, 2012,
                                               Susp.
    Snyder, Township of,              421735  September 15,       ......do..............   Do.
     Jefferson County.                         1975, Emerg;
                                               September 6,
                                               1989, Reg; March
                                               15, 2012, Susp.
    Summerville, Township of,         420514  April 11, 1974,     ......do..............   Do.
     Jefferson County.                         Emerg; July 3,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Sykesville, Borough of,           420515  September 19,       ......do..............   Do.
     Jefferson County.                         1974, Emerg;
                                               August 19, 1986,
                                               Reg; March 15,
                                               2012, Susp.
    Timblin, Borough of,              422448  May 4, 1977,        ......do..............   Do.
     Jefferson County.                         Emerg; September
                                               24, 1984, Reg;
                                               March 15, 2012,
                                               Susp.
    Union, Township of,               422449  April 30, 1979,     ......do..............   Do.
     Jefferson County.                         Emerg; January
                                               17, 1985, Reg;
                                               March 15, 2012,
                                               Susp.
    Warsaw, Township of,              422450  March 1, 1977,      ......do..............   Do.
     Jefferson County.                         Emerg; January
                                               17, 1985, Reg;
                                               March 15, 2012,
                                               Susp.
    Washington, Township of,          422451  September 30,       ......do..............   Do.
     Jefferson County.                         1975, Emerg;
                                               September 6,
                                               1989, Reg; March
                                               15, 2012, Susp.
    Winslow, Township of,             421215  December 30, 1976,  ......do..............   Do.
     Jefferson County.                         Emerg; July 3,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Worthville, Borough of,           420516  September 10,       ......do..............   Do.
     Jefferson County.                         1975, Emerg;
                                               September 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
    Young, Township of,               421737  January 19, 1976,   ......do..............   Do.
     Jefferson County.                         Emerg; April 1,
                                               1986, Reg; March
                                               15, 2012, Susp.

[[Page 13012]]

 
           Region IV
 
Mississippi:
    Humphreys County,                 280192  January 14, 1974,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; January
                                               19, 1983, Reg;
                                               March 15, 2012,
                                               Susp.
    Isola, Town of, Humphreys         280190  January 14, 1974,   ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1978, Reg; March
                                               15, 2012, Susp.
    Louise, Town of, Humphreys        280208  March 12, 1974,     ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1979, Reg; March
                                               15, 2012, Susp.
           Region V
 
Indiana:
    Lafayette, City of,               180253  February 7, 1975,   ......do..............   Do.
     Tippecanoe County.                        Emerg; November
                                               19, 1980, Reg;
                                               March 15, 2012,
                                               Susp.
    Tippecanoe County,                180428  December 24, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; March 16,
                                               1981, Reg; March
                                               15, 2012, Susp.
           Region VI
 
Arkansas: Independence County,        050090  July 3, 1978,       ......do..............   Do.
 Unincorporated Areas.                         Emerg; January 6,
                                               1988, Reg; March
                                               15, 2012, Susp.
New Mexico:
    Chama, Village of, Rio            350050  August 2, 1994,     ......do..............   Do.
     Arriba County.                            Emerg; August 5,
                                               1997, Reg; March
                                               15, 2012, Susp.
    Espanola, City of, Rio            350052  April 4, 1975,      ......do..............   Do.
     Arriba County.                            Emerg; February
                                               19, 1986, Reg;
                                               March 15, 2012,
                                               Susp.
Texas:
    Burnet, City of, Burnet           480092  March 24, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1987, Reg;
                                               March 15, 2012,
                                               Susp.
    Cottonwood Shores, City           481614  September 24,       ......do..............   Do.
     of, Burnet County.                        1990, Emerg;
                                               November 16,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Granite Shoals, City of,          481149  September 22,       ......do..............   Do.
     Burnet County.                            1976, Emerg;
                                               November 16,
                                               1990, Reg; March
                                               15, 2012, Susp.
    Meadowlakes, City of,             481613  April 13, 1989,     ......do..............   Do.
     Burnet County.                            Emerg; November
                                               16, 1990, Reg;
                                               March 15, 2012,
                                               Susp.
    Ector County,                     480796  September 11,       ......do..............   Do.
     Unincorporated Areas.                     1981, Emerg;
                                               March 4, 1991,
                                               Reg; March 15,
                                               2012, Susp.
          Region VII
 
Missouri:
    Branson, City of, Taney           290436  December 10, 1971,  ......do..............   Do.
     County.                                   Emerg; October
                                               26, 1976, Reg;
                                               March 15, 2012,
                                               Susp.
    Bull Creek, Village of,           290916  December 6, 1993,   ......do..............   Do.
     Taney County.                             Emerg; September
                                               30, 1997, Reg;
                                               March 15, 2012,
                                               Susp.
    Hollister, City of, Taney         290437  February 14, 1975,  ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1985, Reg; March
                                               15, 2012, Susp.
    Rockaway Beach, City of,          290438  April 26, 1999,     ......do..............   Do.
     Taney County.                             Emerg; March 1,
                                               2000, Reg; March
                                               15, 2012, Susp.
    Taney County,                     290435  June 20, 2002,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               2004, Reg; March
                                               15, 2012, Susp.
          Region VIII
 
Utah:
    Charleston, Town of,              490165  October 22, 1975,   ......do..............   Do.
     Wasatch County.                           Emerg; August 5,
                                               1980, Reg; March
                                               15, 2012, Susp.
    Daniel, Town of, Wasatch          490033  N/A, Emerg; May     ......do..............   Do.
     County.                                   12, 2010, Reg;
                                               March 15, 2012,
                                               Susp.
    Heber City, City of,              490166  March 25, 1975,     ......do..............   Do.
     Wasatch County.                           Emerg; March 18,
                                               1987, Reg; March
                                               15, 2012, Susp.
    Wasatch County,                   490164  April 4, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; October 1,
                                               1986, Reg; March
                                               15, 2012, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 13013]]

    Dated: February 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-5218 Filed 3-2-12; 8:45 am]
BILLING CODE 9110-12-P