[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Rules and Regulations]
[Pages 29552-29555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12122]
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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-8231]
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: 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
[[Page 29553]]
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:
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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:
Annville, Township of, 420570 March 16, 1973, June 5, 2012.......... June 5, 2012.
Lebanon County. Emerg; April 15,
1977, Reg; June
5, 2012, Susp.
Bethel, Township of, 420967 January 23, 1974, ......do*............. Do.
Lebanon County. Emerg; September
30, 1981, Reg;
June 5, 2012,
Susp.
Cleona, Borough of, 420571 March 9, 1973, ......do.............. Do.
Lebanon County. Emerg; April 1,
1977, Reg; June
5, 2012, Susp.
Cornwall, Borough of, 420968 April 17, 1973, ......do.............. Do.
Lebanon County. Emerg; August 5,
1985, Reg; June
5, 2012, Susp.
East Hanover, Township of, 421012 April 10, 1973, ......do.............. Do.
Lebanon County. Emerg; August 15,
1979, Reg; June
5, 2012, Susp.
Heidelberg, Township of, 420969 August 27, 1973, ......do.............. Do.
Lebanon County. Emerg; January
20, 1982, Reg;
June 5, 2012,
Susp.
Jackson, Township of, 421805 January 21, 1975, ......do.............. Do.
Lebanon County. Emerg; September
30, 1981, Reg;
June 5, 2012,
Susp.
Jonestown, Borough of, 420572 December 29, 1972, ......do.............. Do.
Lebanon County. Emerg; December
4, 1979, Reg;
June 5, 2012,
Susp.
Lebanon, City of, Lebanon 420573 January 26, 1973, ......do.............. Do.
County. Emerg; December
4, 1979, Reg;
June 5, 2012,
Susp.
Millcreek, Township of, 420574 August 27, 1973, ......do.............. Do.
Lebanon County. Emerg; November
18, 1983, Reg;
June 5, 2012,
Susp.
Myerstown, Borough of, 420575 August 27, 1973, ......do.............. Do.
Lebanon County. Emerg; July 5,
1977, Reg; June
5, 2012, Susp.
North Annville, Township 420970 October 19, 1973, ......do.............. Do.
of, Lebanon County. Emerg; September
28, 1979, Reg;
June 5, 2012,
Susp.
North Cornwall, Township 420576 March 16, 1973, ......do.............. Do.
of, Lebanon County. Emerg; January 2,
1981, Reg; June
5, 2012, Susp.
North Lebanon, Township 421131 March 8, 1974, ......do.............. Do.
of, Lebanon County. Emerg; September
2, 1981, Reg;
June 5, 2012,
Susp.
North Londonderry, 420577 August 29, 1973, ......do.............. Do.
Township of, Lebanon Emerg; September
County. 28, 1979, Reg;
June 5, 2012,
Susp.
South Annville, Township 420580 May 11, 1973, ......do.............. Do.
of, Lebanon County. Emerg; December
16, 1980, Reg;
June 5, 2012,
Susp.
South Lebanon, Township 420581 March 16, 1973, ......do.............. Do.
of, Lebanon County. Emerg; December
15, 1981, Reg;
June 5, 2012,
Susp.
South Londonderry, 421043 February 15, 1974, ......do.............. Do.
Township of, Lebanon Emerg; March 4,
County. 1986, Reg; June
5, 2012, Susp.
Swatara, Township of, 420582 August 9, 1973, ......do.............. Do.
Lebanon County. Emerg; December
1, 1981, Reg;
June 5, 2012,
Susp.
Union, Township of, 421806 October 10, 1974, ......do.............. Do.
Lebanon County. Emerg; December
4, 1979, Reg;
June 5, 2012,
Susp.
West Cornwall, Township 420583 March 23, 1973, ......do.............. Do.
of, Lebanon County. Emerg; December
14, 1979, Reg;
June 5, 2012,
Susp.
West Lebanon, Township of, 421166 April 26, 1974, ......do.............. Do.
Lebanon County. Emerg; April 15,
1977, Reg; June
5, 2012, Susp.
West Virginia:
Albright, Town of, Preston 540161 June 23, 1975, ......do.............. Do.
County. Emerg; August 1,
1987, Reg; June
5, 2012, Susp.
Bruceton Mills, Town of, 540162 May 22, 1975, ......do.............. Do.
Preston County. Emerg; August 1,
1987, Reg; June
5, 2012, Susp.
[[Page 29554]]
Kingwood, City of, Preston 540254 April 28, 1977, ......do.............. Do.
County. Emerg; November
12, 1986, Reg;
June 5, 2012,
Susp.
Newburg, Town of, Preston 540268 June 9, 1975, ......do.............. Do.
County. Emerg; August 1,
1987, Reg; June
5, 2012, Susp.
Preston County, 540160 August 20, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1987, Reg; June
5, 2012, Susp.
Reedsville, Town of, 540269 November 24, 1975, ......do.............. Do.
Preston County. Emerg; August 1,
1987, Reg; June
5, 2012, Susp.
Rowlesburg, Town of, 540163 November 8, 1974, ......do.............. Do.
Preston County. Emerg; August 1,
1979, Reg; June
5, 2012, Susp.
Terra Alta, Town of, 540257 September 3, 1975, ......do.............. Do.
Preston County. Emerg; August 25,
1987, Reg; June
5, 2012, Susp.
Region IV
Alabama:
Atmore, City of, Escambia 010071 April 2, 1975, ......do.............. Do.
County. Emerg; June 24,
1977, Reg; June
5, 2012, Susp.
Brewton, City of, Escambia 010072 April 4, 1975, ......do.............. Do.
County. Emerg; December
18, 1979, Reg;
June 5, 2012,
Susp.
East Brewton, City of, 010073 June 25, 1975, ......do.............. Do.
Escambia County. Emerg; December
4, 1979, Reg;
June 5, 2012,
Susp.
Escambia County, 010251 March 31, 1998, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 2007, Reg;
June 5, 2012,
Susp.
Flomaton, Town of, 010074 August 26, 1975, ......do.............. Do.
Escambia County. Emerg; December
17, 1987, Reg;
June 5, 2012,
Susp.
Pollard, Town of, Escambia 010075 February 28, 1992, ......do.............. Do.
County. Emerg; September
28, 2007, Reg;
June 5, 2012,
Susp.
Riverview, Town of, 010076 June 25, 1975, ......do.............. Do.
Escambia County. Emerg; September
4, 1986, Reg;
June 5, 2012,
Susp.
Kentucky:
Clark County, 210278 May 13, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; December
4, 1986, Reg;
June 5, 2012,
Susp.
Menifee County, 210344 January 25, 1999, ......do.............. Do.
Unincorporated Areas. Emerg; June 5,
2012, Reg; June
5, 2012, Susp.
Winchester, City of, Clark 210056 February 27, 1975, ......do.............. Do.
County. Emerg; July 3,
1986, Reg; June
5, 2012, Susp.
Region V
Indiana:
Cloverdale, Town of, 180215 May 9, 1975, ......do.............. Do.
Putnam County. Emerg; June 17,
1986, Reg; June
5, 2012, Susp.
Putnam County, 180213 January 8, 1988, ......do.............. Do.
Unincorporated Areas. Emerg; October 1,
1992, Reg; June
5, 2012, Susp.
Region VI
Arkansas:
Benton County, 050419 April 29, 1988, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1991, Reg;
June 5, 2012,
Susp.
Bentonville, City of, 050012 January 3, 1975, ......do.............. Do.
Benton County. Emerg; July 16,
1980, Reg; June
5, 2012, Susp.
Centerton, City of, Benton 050399 August 14, 1975, ......do.............. Do.
County. Emerg; August 24,
1982, Reg; June
5, 2012, Susp.
Gould, City of, Lincoln 050127 July 26, 1974, ......do.............. Do.
County. Emerg; August 19,
1987, Reg; June
5, 2012, Susp.
Grady, City of, Lincoln 050128 May 1, 1975, ......do.............. Do.
County. Emerg; October
12, 1982, Reg;
June 5, 2012,
Susp.
Highfill, Town of, Benton 050581 N/A, Emerg; July ......do.............. Do.
County. 22, 2003, Reg;
June 5, 2012,
Susp.
Star City, City of, 050368 May 30, 1975, ......do.............. Do.
Lincoln County. Emerg; March 1,
1988, Reg; June
5, 2012, Susp.
Texas:
Corsicana, City of, 480498 December 19, 1974, ......do.............. Do.
Navarro County. Emerg; August 17,
1981, Reg; June
5, 2012, Susp.
Frost, City of, Navarro 480954 July 9, 1976, ......do.............. Do.
County. Emerg; August 8,
1978, Reg; June
5, 2012, Susp.
Kerens, City of, Navarro 480955 September 8, 1975, ......do.............. Do.
County. Emerg; May 25,
1978, Reg; June
5, 2012, Susp.
Powell, City of, Navarro 480390 July 7, 2010, ......do.............. Do.
County. Emerg; June 5,
2012, Reg; June
5, 2012, Susp.
Rice, City of, Navarro 480957 N/A, Emerg; April ......do.............. Do.
County. 9, 2009, Reg;
June 5, 2012,
Susp.
[[Page 29555]]
Region VII
Missouri:
Benton, City of, Scott 290852 September 26, ......do.............. Do.
County. 1975, Emerg;
August 24, 1984,
Reg; June 5,
2012, Susp.
Blodgett, Village of, 290771 September 21, ......do.............. Do.
Scott County. 1976, Emerg; June
1, 1987, Reg;
June 5, 2012,
Susp.
Chaffee, City of, Scott 290409 March 6, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
June 5, 2012,
Susp.
Commerce, City of, Scott 290410 April 1, 1974, ......do.............. Do.
County. Emerg; June 1,
1978, Reg; June
5, 2012, Susp.
Haywood City, Village of, 290598 May 9, 1975, ......do.............. Do.
Scott County. Emerg; February
11, 1976, Reg;
June 5, 2012,
Susp.
Miner, City of, Scott 290687 July 24, 1975, ......do.............. Do.
County. Emerg; December
21, 1984, Reg;
June 5, 2012,
Susp.
Morley, City of, Scott 290412 May 6, 1975, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
June 5, 2012,
Susp.
Scott City, City of, Scott 290414 November 28, 1975, ......do.............. Do.
County. Emerg; May 4,
1988, Reg; June
5, 2012, Susp.
Sikeston, City of, Scott 295270 August 3, 1971, ......do.............. Do.
County. Emerg; August 3,
1971, Reg; June
5, 2012, Susp.
Region VIII
Montana:
Hot Springs, Town of, 300073 April 20, 1976, ......do.............. Do.
Sanders County. Emerg; October
15, 1985, Reg;
June 5, 2012,
Susp.
Plains, Town of, Sanders 300074 September 14, ......do.............. Do.
County. 1977, Emerg;
April 15, 1986,
Reg; June 5,
2012, Susp.
Sanders County, 300072 December 20, 1995, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1996, Reg; June
5, 2012, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 4, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-12122 Filed 5-17-12; 8:45 am]
BILLING CODE 9110-12-P