[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Rules and Regulations]
[Pages 61518-61519]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24853]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2008-0020; Internal Agency Docket No. FEMA-8093]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: FEMA has scheduled one community for suspension because of its 
failure to adopt compliant floodplain management regulations under the 
National Flood Insurance Program (NFIP). If documentation is received 
from the community before the effective suspension date, indicating it 
has brought its floodplain management program into compliance with the 
NFIP requirements, FEMA will withdraw the suspension.

DATES: Effective Dates: The effective date of the community's scheduled 
suspension is the date listed in the fourth column of the following 
table.

FOR FURTHER INFORMATION CONTACT: David Stearrett, Federal Insurance and 
Mitigation Administration, 1800 South Bell Street Arlington, VA 20598-
3072, (202) 646-2953.

SUPPLEMENTARY INFORMATION: The National Flood Insurance Program (NFIP) 
enables property owners to purchase flood insurance that is generally 
not otherwise available. In return, communities agree to adopt and 
implement local floodplain management regulations that contribute to 
protecting lives and reducing the risk of property damage from future 
flooding. Section 1315 of the National Flood Insurance Act of 1968, as 
amended (42 U.S.C. 4022), prohibits flood insurance coverage authorized 
under the National Flood Insurance Program (42 U.S.C. 4001-4128) unless 
an appropriate public body adopts adequate floodplain management 
measures with effective administration and enforcement processes.
    The community listed in this notice currently has floodplain 
management regulations that are scheduled to lapse October 31, 2012. If 
the regulations lapse as scheduled, the community will no longer meet 
the NFIP requirements set forth at 44 CFR Part 59 et seq. Under 44 CFR 
59.24(d), a community will be suspended from the NFIP for repealing its 
floodplain management regulations, allowing its regulations to lapse or 
amending its regulations so that they no longer meet the minimum 
requirements. Accordingly, FEMA is suspending the City of Philadelphia, 
Philadelphia County, Pennsylvania (``the City'') on the effective date 
in the fourth column of the table. As of that date, the purchase of new 
flood insurance policies or the renewal of existing flood insurance 
policies under the NFIP will no longer be available.
    FEMA will not suspend the City; however, if the community submits 
the documentation required by 44 CFR 59.24(d) to show that it has 
corrected the deficiencies and remedied the violations identified in 
the Suspension letter to the maximum extent possible. This 
documentation must be received by FEMA before the actual suspension 
date. If the City successfully demonstrates its compliance with NFIP 
regulations, FEMA will continue its eligibility for the sale of NFIP 
insurance. In the interim, if you wish to determine whether FEMA has 
suspended the City on the suspension date, please contact the FEMA 
Region III office at (215) 931-5532. Additional information may also be 
found at http://www.fema.gov/plan/prevent/floodplain/nfipkeywords/suspension.shtm.
    FEMA identified the special flood hazard areas (SFHAs) in this 
community by publishing a Flood Insurance Rate Map. The effective date 
of this map is indicated in the last column of the table. By law, no 
Federally regulated entity may provide financial assistance for 
acquisition or construction purposes for property located in a SFHA 
unless the community in which the property is located is participating 
in the NFIP (42 U.S.C. 4106(a)). The prohibition against certain types 
of Federal disaster assistance also becomes effective for the City on 
the date shown in the fourth column (42 U.S.C. 4106(b)).
    The Administrator finds that notice and public comment procedure 
under 5 U.S.C. 553(b) is impracticable and unnecessary because the 
community listed in this final rule has been adequately notified. The 
community received a Letter from FEMA Region III Administrator on March 
2, 2012, advising the City it must submit compliant ordinance by May 
31, 2012. The city submitted its ordinance; however, it has a sunset 
clause dated for

[[Page 61519]]

October 31, 2012. The City must produce adopted, compliant and signed 
floodplain management regulations without a sunset clause before the 
scheduled suspension date, November 1, 2012.
    FEMA addressed these notifications to the Mayor of the City Council 
indicating that we will suspend the City unless the City takes the 
required corrective actions before the scheduled suspension date. 
Because we have made these notifications, this final rule may take 
effect immediately on November 1, 2012.
    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, 42 
U.S.C. 4022, prohibits flood insurance coverage unless an appropriate 
public body adopts adequate floodplain management measures with 
effective enforcement measures. The community listed no longer complies 
with the statutory requirements, and after the effective date, flood 
insurance will no longer be available in the community 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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                                                                      Date certain
                                                                   Federal assistance
                                                                        no longer
                                                                      available in
                                                        Community     special flood      Current effective  map
              State                     Location           No.       hazard area and              date
                                                                    the sale of flood
                                                                      insurance no
                                                                    longer available
                                                                    in the community
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           Region III
Pennsylvania....................  Philadelphia, City       420757  November 1, 2012..  January 17, 2007.
                                   of, Philadelphia
                                   County.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: September 27, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2012-24853 Filed 10-9-12; 8:45 am]
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