[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59764-59767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23990]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8249]


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.

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

[[Page 59765]]

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/
                                  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:
    Beale, Township of,               421738  August 18, 1978,    Oct. 2, 2012..........  Oct. 2, 2012.
     Juniata County.                           Emerg; September
                                               10, 1984, Reg;
                                               October 2, 2012,
                                               Susp.
    Fermanagh, Township of,           420517  June 1, 1973,       *......do.............   Do.
     Juniata County.                           Emerg; February
                                               1, 1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Greenwood, Township of,           421741  July 7, 1975,       ......do..............   Do.
     Juniata County.                           Emerg; December
                                               3, 1987, Reg;
                                               October 2, 2012,
                                               Susp.
    Lack, Township of, Juniata        421742  July 28, 1975,      ......do..............   Do.
     County.                                   Emerg; December
                                               3, 1987, Reg;
                                               October 2, 2012,
                                               Susp.
    Mifflin, Borough of,              420518  October 4, 1973,    ......do..............   Do.
     Juniata County.                           Emerg; February
                                               1, 1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Mifflintown, Borough of,          420519  June 24, 1975,      ......do..............   Do.
     Juniata County.                           Emerg; November
                                               15, 1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Milford, Township of,             421743  July 7, 1975,       ......do..............   Do.
     Juniata County.                           Emerg; September
                                               2, 1981, Reg;
                                               October 2, 2012,
                                               Susp.
    Monroe, Township of,              421744  April 22, 1980,     ......do..............   Do.
     Juniata County.                           Emerg; November
                                               4, 1987, Reg;
                                               October 2, 2012,
                                               Susp.
    Port Royal, Borough of,           420520  March 30, 1973,     ......do..............   Do.
     Juniata County.                           Emerg; January 5,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Spruce Hill, Township of,         421745  July 2, 1979,       ......do..............   Do.
     Juniata County.                           Emerg; October
                                               15, 1985, Reg;
                                               October 2, 2012,
                                               Susp.
    Susquehanna, Township of,         421746  June 27, 1975,      ......do..............   Do.
     Juniata County.                           Emerg; June 1,
                                               1982, Reg;
                                               October 2, 2012,
                                               Susp.
    Thompsontown, Borough of,         420521  July 7, 1975,       ......do..............   Do.
     Juniata County.                           Emerg; May 19,
                                               1981, Reg;
                                               October 2, 2012,
                                               Susp.
    Turbett, Township of,             420522  May 10, 1973,       ......do..............   Do.
     Juniata County.                           Emerg; March 1,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Tuscarora, Township of,           422452  July 30, 1975,      ......do..............   Do.
     Juniata County.                           Emerg; January
                                               15, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Walker, Township of,              420523  August 30, 1973,    ......do..............   Do.
     Juniata County.                           Emerg; August 1,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
West Virginia:
    Anmoore, Town of, Harrison        540054  April 7, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Clarksburg, City of,              540056  September 18,       ......do..............   Do.
     Harrison County.                          1973, Emerg;
                                               February 15,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Delbarton, Town of, Mingo         540134  October 13, 1972,   ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1977, Reg;
                                               October 2, 2012,
                                               Susp.
    Gilbert, Town of, Mingo           540135  July 7, 1972,       ......do..............   Do.
     County.                                   Emerg; May 2,
                                               1977, Reg;
                                               October 2, 2012,
                                               Susp.
    Harrison County,                  540053  August 17, 1976,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 4,
                                               1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Kermit, Town of, Mingo            540136  December 1, 1972,   ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
    Lumberport, Town of,              540058  April 1, 1975,      ......do..............   Do.
     Harrison County.                          Emerg; March 4,
                                               1988, Reg;
                                               October 2, 2012,
                                               Susp.

[[Page 59766]]

 
    Matewan, Town of, Mingo           545538  February 3, 1970,   ......do..............   Do.
     County.                                   Emerg; February
                                               3, 1970, Reg;
                                               October 2, 2012,
                                               Susp.
    Mingo County,                     540133  June 9, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; December
                                               2, 1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Nutter Fort, Town of,             540059  March 10, 1975,     ......do..............   Do.
     Harrison County.                          Emerg; September
                                               17, 1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Salem, City of, Harrison          540242  February 18, 1975,  ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg;
                                               October 2, 2012,
                                               Susp.
    West Milford, Town of,            540062  September 25,       ......do..............   Do.
     Harrison County.                          1975, Emerg;
                                               April 1, 1988,
                                               Reg; October 2,
                                               2012, Susp.
 
           Region IV
 
Kentucky:
    Adairville, City of, Logan        210353  March 27, 2006,     ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               October 2, 2012,
                                               Susp.
    Berea, City of, Madison           210156  April 22, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Lewisburg, City of, Logan         210149  March 27, 1975,     ......do..............   Do.
     County.                                   Emerg; June 17,
                                               1977, Reg;
                                               October 2, 2012,
                                               Susp.
    Madison County,                   210342  September 19,       ......do..............   Do.
     Unincorporated Areas.                     1989, Emerg;
                                               September 28,
                                               1990, Reg;
                                               October 2, 2012,
                                               Susp.
    Richmond, City of, Madison        210157  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               October 2, 2012,
                                               Susp.
    Russellville, City of,            210150  July 24, 1974,      ......do..............   Do.
     Logan County.                             Emerg; June 1,
                                               1984, Reg;
                                               October 2, 2012,
                                               Susp.
 
           Region V
 
Wisconsin:
    Birchwood, Village of,            550574  February 26, 1975,  ......do..............   Do.
     Washburn County.                          Emerg; September
                                               30, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Minong, Village of,               550468  November 24, 1975,  ......do..............   Do.
     Washburn County.                          Emerg; September
                                               1, 1986, Reg;
                                               October 2, 2012,
                                               Susp.
    Shell Lake, City of,              550469  November 8, 1974,   ......do..............   Do.
     Washburn County.                          Emerg; September
                                               16, 1988, Reg;
                                               October 2, 2012,
                                               Susp.
    Spooner, City of, Washburn        550470  November 21, 1973,  ......do..............   Do.
     County.                                   Emerg; April 2,
                                               1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Washburn County,                  550606  N/A, Emerg; June    ......do..............   Do.
     Unincorporated Areas.                     30, 1999, Reg;
                                               October 2, 2012,
                                               Susp.
 
           Region VI
 
Arkansas:
    Chicot County,                    050025  July 24, 1974,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               28, 1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Dermott, City of, Chicot          050026  December 31, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               October 2, 2012,
                                               Susp.
    Eudora, City of, Chicot           050027  July 2, 1974,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1980, Reg;
                                               October 2, 2012,
                                               Susp.
    Lake Village, City of,            050028  March 27, 1974,     ......do..............   Do.
     Chicot County.                            Emerg; August 8,
                                               1978, Reg;
                                               October 2, 2012,
                                               Susp.
 
          Region VII
 
Missouri:.....................
    Carroll County,                   290057  June 15, 1983,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               17, 1986, Reg;
                                               October 2, 2012,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 59767]]

    Dated: September 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-23990 Filed 9-28-12; 8:45 am]
BILLING CODE 9110-12-P