[Federal Register Volume 77, Number 97 (Friday, May 18, 2012)]
[Rules and Regulations]
[Pages 29552-29555]
From the Federal Register Online via the Government Printing 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
----------------------------------------------------------------------------------------------------------------
          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.
----------------------------------------------------------------------------------------------------------------
* 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