[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57032-57035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22825]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8245]
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 status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.
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.
[[Page 57033]]
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/ Date certain Federal
State and location Community cancellation of sale Current effective map assistance no longer
No. of flood insurance in date available in SFHAs
community
----------------------------------------------------------------------------------------------------------------
Region III
Pennsylvania:
Addison, Township of, 422508 January 18, 1985, Sept. 19, 2012....... Sept. 19, 2012.
Somerset County. Emerg; June 1, 1989,
Reg; September 19,
2012, Susp.
Allegheny, Township of, 422509 August 4, 1983, ...... do*........... Do.
Somerset County. Emerg; June 1, 1989,
Reg; September 19,
2012, Susp.
Benson, Borough of, 420793 October 14, 1975, ...... do............ Do.
Somerset County.. Emerg; May 17, 1990,
Reg; September 19,
2012, Susp.
Black, Township of, 422510 March 2, 1977, Emerg; ...... do............ Do.
Somerset County. September 10, 1984,
Reg; September 19,
2012, Susp.
Boswell, Borough of, 420794 March 22, 1977, ...... do............ Do.
Somerset County. Emerg; September 24,
1984, Reg; September
19, 2012, Susp.
Brothersvalley, Township 422511 July 25, 1985, Emerg; ...... do............ Do.
of, Somerset County. August 19, 1985,
Reg; September 19,
2012, Susp.
[[Page 57034]]
Casselman, Borough of, 420795 March 9, 1977, Emerg; ...... do............ Do.
Somerset County. September 10, 1984,
Reg; September 19,
2012, Susp.
Central City, Borough of, 420796 August 29, 1975, ...... do............ Do.
Somerset County. Emerg; June 18,
1990, Reg; September
19, 2012, Susp.
Conemaugh, Township of, 422047 August 1, 1975, ...... do............ Do.
Somerset County. Emerg; June 4, 1990,
Reg; September 19,
2012, Susp.
Confluence, Borough of, 422043 March 11, 1975, ...... do............ Do.
Somerset County. Emerg; September 6,
1989, Reg; September
19, 2012, Susp.
Elk Lick, Township of, 422048 March 8, 1977, Emerg; ...... do............ Do.
Somerset County. September 10, 1984,
Reg; September 19,
2012, Susp.
Fairhope, Township of, 422049 August 5, 1983, ...... do............ Do.
Somerset County. Emerg; August 19,
1985, Reg; September
19, 2012, Susp.
Garrett, Borough of, 420797 July 31, 1975, Emerg; ...... do............ Do.
Somerset County. June 4, 1990, Reg;
September 19, 2012,
Susp.
Greenville, Township of, 422512 October 27, 1981, ...... do............ Do.
Somerset County. Emerg; September 10,
1984, Reg; September
19, 2012, Susp.
Hooversville, Borough of, 420798 August 5, 1975, ...... do............ Do.
Somerset County. Emerg; June 18,
1990, Reg; September
19, 2012, Susp.
Indian Lake, Borough of, 422513 October 12, 1976, ...... do............ Do.
Somerset County. Emerg; September 10,
1984, Reg; September
19, 2012, Susp.
Jefferson, Township of, 422050 March 26, 1976, ...... do............ Do.
Somerset County. Emerg; August 19,
1985, Reg; September
19, 2012, Susp.
Jenner, Township of, 422051 February 18, 1976, ...... do............ Do.
Somerset County. Emerg; September 4,
1985, Reg; September
19, 2012, Susp.
Jennerstown, Borough of, 422514 March 1, 1977, Emerg; ...... do............ Do.
Somerset County. September 24, 1984,
Reg; September 19,
2012, Susp.
Larimer, Township of, 422515 September 8, 1983, ...... do............ Do.
Somerset County. Emerg; April 1,
1988, Reg; September
19, 2012, Susp.
Lincoln, Township of, 422516 March 7, 1977, Emerg; ...... do............ Do.
Somerset County. September 10, 1984,
Reg; September 19,
2012, Susp.
Lower Turkeyfoot, 422517 May 4, 1977, Emerg; ...... do............ Do.
Township of, Somerset September 10, 1984,
County. Reg; September 19,
2012, Susp.
Meyersdale, Borough of, 422044 March 21, 1977, ...... do............ Do.
Somerset County. Emerg; June 17,
1986, Reg; September
19, 2012, Susp.
Middlecreek, Township of, 422518 April 25, 1979, ...... do............ Do.
Somerset County. Emerg; September 10,
1984, Reg; September
19, 2012, Susp.
Milford, Township of, 422519 May 21, 1979, Emerg; ...... do............ Do.
Somerset County. September 10, 1984,
Reg; September 19,
2012, Susp.
New Baltimore, Borough 420799 April 8, 1981, Emerg; ...... do............ Do.
of, Somerset County. September 24, 1984,
Reg; September 19,
2012, Susp.
Northampton, Township of, 422520 February 10, 1976, ...... do............ Do.
Somerset County. Emerg; September 24,
1984, Reg; September
19, 2012, Susp.
Ogle, Township of, 422052 April 23, 1976, ...... do............ Do.
Somerset County. Emerg; May 17, 1990,
Reg; September 19,
2012, Susp.
Paint, Borough of, 420800 August 27, 1975, ...... do............ Do.
Somerset County. Emerg; November 19,
1986, Reg; September
19, 2012, Susp.
Paint, Township of, 422521 February 13, 1976, ...... do............ Do.
Somerset County. Emerg; June 4, 1990,
Reg; September 19,
2012, Susp.
Quemahoning, Township of, 422053 April 19, 1976, ...... do............ Do.
Somerset County. Emerg; August 15,
1989, Reg; September
19, 2012, Susp.
Rockwood, Borough of, 422045 February 17, 1977, ...... do............ Do.
Somerset County. Emerg; June 18,
1990, Reg; September
19, 2012, Susp.
Salisbury, Borough of, 420801 April 22, 1975, ...... do............ Do.
Somerset County. Emerg; September 24,
1984, Reg; September
19, 2012, Susp.
Shade, Township of, 422054 August 21, 1975, ...... do............ Do.
Somerset County. Emerg; February 6,
1991, Reg; September
19, 2012, Susp.
Shanksville, Borough of, 420802 March 2, 1977, Emerg; ...... do............ Do.
Somerset County. September 24, 1984,
Reg; September 19,
2012, Susp.
Somerset, Borough of, 420803 September 10, 1971, ...... do............ Do.
Somerset County. Emerg; November 27,
1976, Reg; September
19, 2012, Susp.
Somerset, Township of, 422055 July 19, 1976, Emerg; ...... do............ Do.
Somerset County. May 17, 1990, Reg;
September 19, 2012,
Susp.
Southampton, Township of, 422523 March 1, 1977, Emerg; ...... do............ Do.
Somerset County. September 24, 1984,
Reg; September 19,
2012, Susp.
Stonycreek, Township of, 422524 April 21, 1976, ...... do............ Do.
Somerset County. Emerg; August 19,
1985, Reg; September
19, 2012, Susp.
Summit, Township of, 422056 October 27, 1981, ...... do............ Do.
Somerset County. Emerg; September 10,
1984, Reg; September
19, 2012, Susp.
Upper Turkeyfoot, 422525 April 25, 1979, ...... do............ Do.
Township of, Somerset Emerg; September 10,
County. 1984, Reg; September
19, 2012, Susp.
[[Page 57035]]
Ursina, Borough of, 420804 August 21, 1975, ...... do............ Do.
Somerset County. Emerg; June 18,
1990, Reg; September
19, 2012, Susp.
Wellersburg, Borough of, 422526 April 19, 1984, ...... do............ Do.
Somerset County. Emerg; June 1, 1989,
Reg; September 19,
2012, Susp.
Windber, Borough of, 422046 April 29, 1975, ...... do............ Do.
Somerset County. Emerg; October 17,
1986, Reg; September
19, 2012, Susp.
Region IV
Kentucky:
Burkesville, City of, 210061 October 2, 1975, ...... do............ Do.
Cumberland County. Emerg; July 3, 1986,
Reg; September 19,
2012, Susp.
Grayson County, 210330 N/A, Emerg; September ...... do............ Do.
Unincorporated Areas. 15, 2001, Reg;
September 19, 2012,
Susp.
Leitchfield, City of, 210085 February 4, 2002, ...... do............ Do.
Grayson County. Emerg; N/A, Reg;
September 19, 2012,
Susp.
Mississippi:
George County, 280223 May 2, 1975, Emerg; ...... do............ Do.
Unincorporated Areas. August 16, 1988,
Reg; September 19,
2012, Susp.
Lucedale, City of, George 280056 April 24, 1975, ...... do............ Do.
County. Emerg; April 15,
1986, Reg; September
19, 2012, Susp.
Region V
Ohio:
Malta, Village of, Morgan 390421 April 22, 1975, ...... do............ Do.
County. Emerg; September 1,
1987, Reg; September
19, 2012, Susp.
McConnelsville, Village 390422 August 1, 1975, ...... do............ Do.
of, Morgan County. Emerg; July 1, 1987,
Reg; September 19,
2012, Susp.
Stockport, Village of, 390423 May 30, 1975, Emerg; ...... do............ Do.
Morgan County. August 1, 1987, Reg;
September 19, 2012,
Susp.
Region VII
Missouri:
Argyle, Village of, Osage 290491 May 13, 1974, Emerg; ...... do............ Do.
County. August 1, 1986, Reg;
September 19, 2012,
Susp.
Linn, City of, Osage 290708 N/A, Emerg; April 28, ...... do............ Do.
County. 2006, Reg; September
19, 2012, Susp.
Region VIII
Montana:
East Helena, City of, 300039 May 23, 1975, Emerg; ...... do............ Do.
Lewis and Clark County. June 4, 1980, Reg;
September 19, 2012,
Susp.
Helena, City of, Lewis 300040 May 6, 1975, Emerg; ...... do............ Do.
and Clark County. April 15, 1981, Reg;
September 19, 2012,
Susp.
Lewis and Clark County, 300038 August 26, 1975, ...... do............ Do.
Unincorporated Areas. Emerg; April 1,
1981, Reg; September
19, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
*...... do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: September 10, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-22825 Filed 9-14-12; 8:45 am]
BILLING CODE 9110-12-P