[Federal Register Volume 77, Number 141 (Monday, July 23, 2012)]
[Rules and Regulations]
[Pages 43004-43008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17810]
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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-8239]
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.
[[Page 43005]]
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:
Braintrim, Township of, 421008 November 14, 1973, Aug. 2, 2012.......... Aug. 2, 2012.
Wyoming County. Emerg; May 15,
1980, Reg; August
2, 2012, Susp.
Clinton, Township of, 422197 April 13, 1978, ......do*............. Do.
Wyoming County. Emerg; July 3,
1990, Reg; August
2, 2012, Susp.
Conewago, Township of, 422406 February 10, 1981, ......do.............. Do.
Dauphin County. Emerg; April 30,
1986, Reg; August
2, 2012, Susp.
Dauphin, Borough of, 420375 March 16, 1973, ......do.............. Do.
Dauphin County. Emerg; April 15,
1977, Reg; August
2, 2012, Susp.
Derry, Township of, Dauphin 420376 January 12, 1973, ......do.............. Do.
County. Emerg; September
30, 1977, Reg;
August 2, 2012,
Susp.
East Hanover, Township of, 420377 May 7, 1973, Emerg; ......do.............. Do.
Dauphin County. January 16, 1980,
Reg; August 2,
2012, Susp.
Eaton, Township of, Wyoming 420909 July 27, 1973, ......do.............. Do.
County. Emerg; May 1,
1980, Reg; August
2, 2012, Susp.
Elizabethville, Borough of, 420378 October 17, 1974, ......do.............. Do.
Dauphin County. Emerg; June 25,
1976, Reg; August
2, 2012, Susp.
Exeter, Township of, 420911 January 19, 1973, ......do.............. Do.
Wyoming County. Emerg; February 1,
1980, Reg; August
2, 2012, Susp.
Factoryville, Borough of, 420912 August 14, 1975, ......do.............. Do.
Wyoming County. Emerg; January 17,
1990, Reg; August
2, 2012, Susp.
Falls, Township of, Wyoming 422198 December 27, 1974, ......do.............. Do.
County. Emerg; July 3,
1990, Reg; August
2, 2012, Susp.
Forkston, Township of, 422199 October 15, 1975, ......do.............. Do.
Wyoming County. Emerg; August 1,
1987, Reg; August
2, 2012, Susp.
Halifax, Borough of, 420379 January 17, 1974, ......do.............. Do.
Dauphin County. Emerg; September
5, 1979, Reg;
August 2, 2012,
Susp.
Halifax, Township of, 421592 June 17, 1975, ......do.............. Do.
Dauphin County. Emerg; November 3,
1982, Reg; August
2, 2012, Susp.
Harrisburg, City of, 420380 April 21, 1972, ......do.............. Do.
Dauphin County. Emerg; May 2,
1977, Reg; August
2, 2012, Susp.
Highspire, Borough of, 420381 November 10, 1972, ......do.............. Do.
Dauphin County. Emerg; April 15,
1977, Reg; August
2, 2012, Susp.
Hummelstown, Borough of, 420382 March 30, 1973, ......do.............. Do.
Dauphin County. Emerg; March 15,
1977, Reg; August
2, 2012, Susp.
Jackson, Township of, 421593 February 5, 1981, ......do.............. Do.
Dauphin County. Emerg; October 15,
1985, Reg; August
2, 2012, Susp.
Jefferson, Township of, 421594 February 11, 1976, ......do.............. Do.
Dauphin County. Emerg; October 15,
1982, Reg; August
2, 2012, Susp.
Laceyville, Borough of, 420913 April 2, 1974, ......do.............. Do.
Wyoming County. Emerg; May 15,
1980, Reg; August
2, 2012, Susp.
Lemon, Township of, Wyoming 422200 July 2, 1979, ......do.............. Do.
County. Emerg; July 1,
1987, Reg; August
2, 2012, Susp.
Londonderry, Township of, 420383 March 30, 1973, ......do.............. Do.
Dauphin County. Emerg; March 18,
1980, Reg; August
2, 2012, Susp.
Lower Swatara, Township of, 420385 November 3, 1972, ......do.............. Do.
Dauphin County. Emerg; April 15,
1977, Reg; August
2, 2012, Susp.
Lykens, Borough of, Dauphin 420386 March 9, 1973, ......do.............. Do.
County. Emerg; September
3, 1980, Reg;
August 2, 2012,
Susp.
Lykens, Township of, 421595 January 20, 1976, ......do.............. Do.
Dauphin County. Emerg; October 15,
1985, Reg; August
2, 2012, Susp.
Mehoopany, Township of, 422201 August 21, 1975, ......do.............. Do.
Wyoming County. Emerg; July 3,
1990, Reg; August
2, 2012, Susp.
Meshoppen, Borough of, 420914 July 25, 1973, ......do.............. Do.
Wyoming County. Emerg; September
16, 1981, Reg;
August 2, 2012,
Susp.
Meshoppen, Township of, 421009 January 16, 1974, ......do.............. Do.
Wyoming County. Emerg; February
15, 1980, Reg;
August 2, 2012,
Susp.
Middle Paxton, Township of, 420387 March 2, 1973, ......do.............. Do.
Dauphin County. Emerg; August 15,
1979, Reg; August
2, 2012, Susp.
Middletown, Borough of, 420388 October 13, 1972, ......do.............. Do.
Dauphin County. Emerg; December
28, 1976, Reg;
August 2, 2012,
Susp.
[[Page 43006]]
Mifflin, Township of, 421596 May 9, 1975, Emerg; ......do.............. Do.
Dauphin County. June 25, 1976,
Reg; August 2,
2012, Susp.
Millersburg, Borough of, 420389 May 9, 1973, Emerg; ......do.............. Do.
Dauphin County. August 15, 1980,
Reg; August 2,
2012, Susp.
Monroe, Township of, 421186 November 5, 1975, ......do.............. Do.
Wyoming County. Emerg; July 3,
1990, Reg; August
2, 2012, Susp.
Nicholson, Borough of, 420915 March 6, 1975, ......do.............. Do.
Wyoming County. Emerg; March 1,
1987, Reg; August
2, 2012, Susp.
Nicholson, Township of, 422202 December 31, 1975, ......do.............. Do.
Wyoming County. Emerg; July 1,
1987, Reg; August
2, 2012, Susp.
North Branch, Township of, 422203 September 7, 1979, ......do.............. Do.
Wyoming County. Emerg; August 1,
1987, Reg; August
2, 2012, Susp.
Northmoreland, Township of, 422204 August 27, 1979, ......do.............. Do.
Wyoming County. Emerg; July 1,
1987, Reg; August
2, 2012, Susp.
Noxen, Township of, Wyoming 422205 September 17, 1975, ......do.............. Do.
County. Emerg; April 1,
1987, Reg; August
2, 2012, Susp.
Overfield, Township of, 422568 February 13, 1980, ......do.............. Do.
Wyoming County. Emerg; June 1,
1987, Reg; August
2, 2012, Susp.
Paxtang, Borough of, 420390 February 2, 1973, ......do.............. Do.
Dauphin County. Emerg; March 18,
1980, Reg; August
2, 2012, Susp.
Reed, Township of, Dauphin 420393 April 4, 1973, ......do.............. Do.
County. Emerg; November 1,
1979, Reg; August
2, 2012, Susp.
Royalton, Borough of, 420394 March 16, 1973, ......do.............. Do.
Dauphin County. Emerg; April 15,
1977, Reg; August
2, 2012, Susp.
Rush, Township of, Dauphin 421597 March 9, 1976, ......do.............. Do.
County. Emerg; August 19,
1985, Reg; August
2, 2012, Susp.
South Hanover, Township of, 420395 March 30, 1973, ......do.............. Do.
Dauphin County. Emerg; May 2,
1977, Reg; August
2, 2012, Susp.
Susquehanna, Township of, 420397 October 29, 1971, ......do.............. Do.
Dauphin County. Emerg; April 15,
1977, Reg; August
2, 2012, Susp.
Swatara, Township of, 420398 April 16, 1973, ......do.............. Do.
Dauphin County. Emerg; February 3,
1982, Reg; August
2, 2012, Susp.
Tunkhannock, Borough of, 420917 April 18, 1973, ......do.............. Do.
Wyoming County. Emerg; December
18, 1979, Reg;
August 2, 2012,
Susp.
Tunkhannock, Township of, 422206 June 9, 1975, ......do.............. Do.
Wyoming County. Emerg; July 15,
1988, Reg; August
2, 2012, Susp.
Upper Paxton, Township of, 420399 April 5, 1973, ......do.............. Do.
Dauphin County. Emerg; September
5, 1979, Reg;
August 2, 2012,
Susp.
Washington, Township of, 421598 January 20, 1976, ......do.............. Do.
Dauphin County. Emerg; December
17, 1987, Reg;
August 2, 2012,
Susp.
Washington, Township of, 422207 August 27, 1979, ......do.............. Do.
Wyoming County. Emerg; July 3,
1990, Reg; August
2, 2012, Susp.
West Hanover, Township of, 421600 September 20, 1974, ......do.............. Do.
Dauphin County. Emerg; March 18,
1980, Reg; August
2, 2012, Susp.
Wiconisco, Township of, 421030 September 26, 1973, ......do.............. Do.
Dauphin County. Emerg; April 15,
1981, Reg; August
2, 2012, Susp.
Williams, Township of, 421601 September 27, 1976, ......do.............. Do.
Dauphin County. Emerg; October 15,
1985, Reg; August
2, 2012, Susp.
Windham, Township of, 422208 December 30, 1975, ......do.............. Do.
Wyoming County. Emerg; September
4, 1987, Reg;
August 2, 2012,
Susp.
Virginia:
Chilhowie, Town of, Smyth 510185 January 15, 1974, ......do.............. Do.
County. Emerg; June 15,
1978, Reg; August
2, 2012, Susp.
Colonial Heights, City of, 510039 June 18, 1975, ......do.............. Do.
Independent City. Emerg; September
2, 1981, Reg;
August 2, 2012,
Susp.
Marion, Town of, Smyth 510223 October 24, 1974, ......do.............. Do.
County. Emerg; November 1,
1979, Reg; August
2, 2012, Susp.
Saltville, Town of, Smyth 510191 January 15, 1974, ......do.............. Do.
County. Emerg; March 1,
1978, Reg; August
2, 2012, Susp.
Smyth County, 510184 December 26, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; May 15,
1980, Reg; August
2, 2012, Susp.
West Virginia:
Elizabeth, Town of, Wirt 540212 June 9, 1975, ......do.............. Do.
County. Emerg; January 17,
1991, Reg; August
2, 2012, Susp.
Wirt County, Unincorporated 540211 January 19, 1976, ......do.............. Do.
Areas. Emerg; April 1,
1988, Reg; August
2, 2012, Susp.
Region V
Illinois:
Carbon Hill, Village of, 170257 August 21, 1975, ......do.............. Do.
Grundy County. Emerg; September
4, 1985, Reg;
August 2, 2012,
Susp.
[[Page 43007]]
Channahon, Village of, 170698 September 12, 1975, ......do.............. Do.
Grundy County. Emerg; February
15, 1983, Reg;
August 2, 2012,
Susp.
Coal City, Village of, 170258 April 23, 1975, ......do.............. Do.
Grundy County. Emerg; May 25,
1978, Reg; August
2, 2012, Susp.
Diamond, Village of, Grundy 170259 March 7, 1975, ......do.............. Do.
County. Emerg; May 25,
1978, Reg; August
2, 2012, Susp.
Dwight, Village of, Grundy 170423 August 9, 1974, ......do.............. Do.
County. Emerg; November 1,
1990, Reg; August
2, 2012, Susp.
East Brooklyn, Village of, 170873 June 24, 1981, ......do.............. Do.
Grundy County. Emerg; July 9,
1982, Reg; August
2, 2012, Susp.
Gardner, Village of, Grundy 170261 April 8, 1985, ......do.............. Do.
County. Emerg; April 8,
1985, Reg; August
2, 2012, Susp.
Grundy County, 170256 June 11, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 18,
1985, Reg; August
2, 2012, Susp.
Mazon, Village of, Grundy 170262 August 12, 1975, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
August 2, 2012,
Susp.
Minooka, Village of, Grundy 171019 N/A, Emerg; March ......do.............. Do.
County. 12, 1992, Reg;
August 2, 2012,
Susp.
Morris, City of, Grundy 170263 July 25, 1974, ......do.............. Do.
County. Emerg; December
18, 1984, Reg;
August 2, 2012,
Susp.
Seneca, Village of, Grundy 170407 May 9, 1975, Emerg; ......do.............. Do.
County. February 1, 1985,
Reg; August 2,
2012, Susp.
South Wilmington, Village 171013 March 4, 1988, ......do.............. Do.
of, Grundy County. Emerg; March 4,
1988, Reg; August
2, 2012, Susp.
Indiana:
Boonville, City of, Warrick 180273 June 25, 1982, ......do.............. Do.
County. Emerg; June 25,
1982, Reg; August
2, 2012, Susp.
Chandler, Town of, Warrick 180274 April 2, 1976, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
August 2, 2012,
Susp.
Newburgh, Town of, Warrick 180276 January 12, 1973, ......do.............. Do.
County. Emerg; May 17,
1982, Reg; August
2, 2012, Susp.
Tennyson, Town of, Warrick 180350 N/A, Emerg; ......do.............. Do.
County. November 13, 2008,
Reg; August 2,
2012, Susp.
Warrick County, 180418 April 11, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 17,
1982, Reg; August
2, 2012, Susp.
Region VI
Texas:
Mineral Wells, City of, 480517 March 3, 1972, ......do.............. Do.
Palo Pinto and Parker Emerg; December 1,
Counties. 1977, Reg; August
2, 2012, Susp.
Mingus, City of, Palo Pinto 480518 January 28, 1998, ......do.............. Do.
County. Emerg; September
1, 2004, Reg;
August 2, 2012,
Susp.
Palo Pinto County, 480516 November 6, 1981, ......do.............. Do.
Unincorporated Areas. Emerg; December
19, 1984, Reg;
August 2, 2012,
Susp.
Strawn, City of, Palo Pinto 480965 May 20, 1987, ......do.............. Do.
County. Emerg; November 1,
1989, Reg; August
2, 2012, Susp.
Region VII
Iowa:
Fertile, City of, Worth 190301 March 19, 1976, ......do.............. Do.
County. Emerg; August 4,
1987, Reg; August
2, 2012, Susp.
Hanlontown, City of, Worth 190833 August 3, 2011, ......do.............. Do.
County. Emerg; N/A, Reg;
August 2, 2012,
Susp.
Manly, City of, Worth 190834 June 15, 2001, ......do.............. Do.
County. Emerg; May 1,
2011, Reg; August
2, 2012, Susp.
Worth County, 190916 August 4, 2011, ......do.............. Do.
Unincorporated Areas. Emerg; N/A, Reg;
August 2, 2012,
Susp.
Missouri:
Aurora, City of, Lawrence 290199 December 3, 1974, ......do.............. Do.
County. Emerg; September
15, 1978, Reg;
August 2, 2012,
Susp.
Cobalt Village, Village of, 290601 February 12, 1985, ......do.............. Do.
Madison County. Emerg; July 2,
1987, Reg; August
2, 2012, Susp.
Mount Vernon, City of, 290202 April 14, 1975, ......do.............. Do.
Lawrence County. Emerg; February 4,
1981, Reg; August
2, 2012, Susp.
Pierce City, City of, 290203 May 6, 1975, Emerg; ......do.............. Do.
Lawrence County. December 28, 1993,
Reg; August 2,
2012, Susp.
Region VIII
Utah:
Salt Lake City, City of, 490105 May 28, 1974, ......do.............. Do.
Salt Lake County. Emerg; August 1,
1983, Reg; August
2, 2012, Susp.
[[Page 43008]]
South Salt Lake, City of, 490219 May 23, 1975, ......do.............. Do.
Salt Lake County. Emerg; December
18, 1985, Reg;
August 2, 2012,
Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 11, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-17810 Filed 7-20-12; 8:45 am]
BILLING CODE 9110-12-P