[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Rules and Regulations]
[Pages 63753-63757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25557]
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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-8251]
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. 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 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
[[Page 63754]]
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
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Region III
Maryland:
Annapolis, City of, Anne 240009 December 7, October 16, 2012......... October 16, 2012.
Arundel County. 1973, Emerg;
November 4,
1981, Reg;
October 16,
2012, Susp.
Anne Arundel County, 240008 March 3, 1972, *......do................ Do.
Unincorporated Areas. Emerg; May 2,
1983, Reg;
October 16,
2012, Susp.
Highland Beach, Town of, 240161 July 31, 1975, ......do................. Do.
Anne Arundel County. Emerg; November
4, 1981, Reg;
October 16,
2012, Susp.
Pennsylvania:
Alexandria, Borough of, 420481 June 1, 1973, ......do................. Do.
Huntingdon County. Emerg; February
1, 1980, Reg;
October 16,
2012, Susp.
Barree, Township of, 421683 June 11, 1979, ......do................. Do.
Huntingdon County. Emerg;
September 10,
1984, Reg;
October 16,
2012, Susp.
Brady, Township of, 421684 November 25, ......do................. Do.
Huntingdon County. 1975, Emerg;
February 17,
1989, Reg;
October 16,
2012, Susp.
Carbon, Township of, 421685 December 12, ......do................. Do.
Huntingdon County. 1977, Emerg;
June 19, 1989,
Reg; October
16, 2012, Susp.
Cass, Township of, 421686 January 21, ......do................. Do.
Huntingdon County. 1977, Emerg;
November 1,
1985, Reg;
October 16,
2012, Susp.
Clay, Township of, 421687 April 25, 1977, ......do................. Do.
Huntingdon County. Emerg; August
16, 1988, Reg;
October 16,
2012, Susp.
Coalmont, Borough of, 420484 April 26, 1977, ......do................. Do.
Huntingdon County. Emerg; August
3, 1989, Reg;
October 16,
2012, Susp.
Cromwell, Township of, 421688 April 20, 1976, ......do................. Do.
Huntingdon County. Emerg; December
4, 1985, Reg;
October 16,
2012, Susp.
Dublin, Township of, 421689 January 20, ......do................. Do.
Huntingdon County. 1978, Emerg;
December 4,
1985, Reg;
October 16,
2012, Susp.
Dudley, Borough of, 421681 August 9, 1982, ......do................. Do.
Huntingdon County. Emerg;
September 24,
1984, Reg;
October 16,
2012, Susp.
Franklin, Township of, 422573 March 23, 1977, ......do................. Do.
Huntingdon County. Emerg; February
17, 1989, Reg;
October 16,
2012, Susp.
Henderson, Township of, 420960 January 21, ......do................. Do.
Huntingdon County. 1974, Emerg;
August 3, 1989,
Reg; October
16, 2012, Susp.
Hopewell, Township of, 421690 April 25, 1979, ......do................. Do.
Huntingdon County. Emerg; August
15, 1989, Reg;
October 16,
2012, Susp.
Huntingdon, Borough of, 420486 April 16, 1973, ......do................. Do.
Huntingdon County. Emerg;
September 29,
1978, Reg;
October 16,
2012, Susp.
Jackson, Township of, 421691 December 21, ......do................. Do.
Huntingdon County. 1978, Emerg;
August 3, 1989,
Reg; October
16, 2012, Susp.
Juniata, Township of, 421692 February 4, ......do................. Do.
Huntingdon County. 1976, Emerg;
February 17,
1989, Reg;
October 16,
2012, Susp.
Logan, Township of, 421694 March 20, 1978, ......do................. Do.
Huntingdon County. Emerg; August
3, 1989, Reg;
October 16,
2012, Susp.
Mapleton, Borough of, 420487 April 19, 1973, ......do................. Do.
Huntingdon County. Emerg; July 5,
1977, Reg;
October 16,
2012, Susp.
Mill Creek, Borough of, 420488 August 22, 1975, ......do................. Do.
Huntingdon County. Emerg; March 2,
1989, Reg;
October 16,
2012, Susp.
Miller, Township of, 421695 February 17, ......do................. Do.
Huntingdon County. 1977, Emerg;
March 2, 1989,
Reg; October
16, 2012, Susp.
Morris, Township of, 421696 August 9, 1982, ......do................. Do.
Huntingdon County. Emerg; December
4, 1985, Reg;
October 16,
2012, Susp.
Mount Union, Borough of, 420489 November 10, ......do................. Do.
Huntingdon County. 1972, Emerg;
July 18, 1977,
Reg; October
16, 2012, Susp.
[[Page 63755]]
Oneida, Township of, 421697 March 14, 1975, ......do................. Do.
Huntingdon County. Emerg; March 2,
1989, Reg;
October 16,
2012, Susp.
Orbisonia, Borough of, 421682 October 15, ......do................. Do.
Huntingdon County. 1975, Emerg;
December 31,
1982, Reg;
October 16,
2012, Susp.
Penn, Township of, 421698 February 17, ......do................. Do.
Huntingdon County. 1976, Emerg;
November 15,
1985, Reg;
October 16,
2012, Susp.
Petersburg, Borough of, 420490 August 3, 1976, ......do................. Do.
Huntingdon County. Emerg; August
15, 1989, Reg;
October 16,
2012, Susp.
Porter, Township of, 421699 August 22, 1975, ......do................. Do.
Huntingdon County. Emerg; March
16, 1981, Reg;
October 16,
2012, Susp.
Rockhill, Borough of, 422575 November 14, ......do................. Do.
Huntingdon County. 1975, Emerg;
July 3, 1990,
Reg; October
16, 2012, Susp.
Saltillo, Borough of, 420492 April 26, 1977, ......do................. Do.
Huntingdon County. Emerg; October
15, 1985, Reg;
October 16,
2012, Susp.
Shirley, Township of, 421700 February 4, ......do................. Do.
Huntingdon County. 1976, Emerg;
August 15,
1989, Reg;
October 16,
2012, Susp.
Shirleysburg, Borough of, 420493 June 1, 1976, ......do................. Do.
Huntingdon County. Emerg; April
15, 1986, Reg;
October 16,
2012, Susp.
Smithfield, Township of, 420494 March 9, 1973, ......do................. Do.
Huntingdon County. Emerg; March
15, 1977, Reg;
October 16,
2012, Susp.
Springfield, Township of, 421701 October 14, ......do................. Do.
Huntingdon County. 1975, Emerg;
December 4,
1985, Reg;
October 16,
2012, Susp.
Spruce Creek, Township 422621 February 18, ......do................. Do.
of, Huntingdon County. 1975, Emerg;
March 2, 1989,
Reg; October
16, 2012, Susp.
Tell, Township of, 421702 October 15, ......do................. Do.
Huntingdon County. 1975, Emerg;
June 11, 1982,
Reg; October
16, 2012, Susp.
Three Springs, Borough 422576 March 17, 1977, ......do................. Do.
of, Huntingdon County. Emerg; October
1, 1982, Reg;
October 16,
2012, Susp.
Todd, Township of, 421703 September 15, ......do................. Do.
Huntingdon County. 1975, Emerg;
August 15,
1989, Reg;
October 16,
2012, Susp.
Union, Township of, 421704 July 21, 1982, ......do................. Do.
Huntingdon County. Emerg; March 2,
1989, Reg;
October 16,
2012, Susp.
Walker, Township of, 422577 April 8, 1977, ......do................. Do.
Huntingdon County. Emerg;
September 10,
1984, Reg;
October 16,
2012, Susp.
Warriors Mark, Township 421705 November 22, ......do................. Do.
of, Huntingdon County. 1977, Emerg;
March 2, 1989,
Reg; October
16, 2012, Susp.
West, Township of, 421706 February 17, ......do................. Do.
Huntingdon County. 1976, Emerg;
December 4,
1985, Reg;
October 16,
2012, Susp.
Wood, Township of, 421707 June 20, 1975, ......do................. Do.
Huntingdon County. Emerg; November
1, 1985, Reg;
October 16,
2012, Susp.
West Virginia:
Falling Springs, 540243 October 6, 1975, ......do................. Do.
Corporation of (Town of Emerg;
Renick), Greenbrier September 24,
County. 1984, Reg;
October 16,
2012, Susp.
Greenbrier County, 540040 June 24, 1975, ......do................. Do.
Unincorporated Areas. Emerg; January
15, 1988, Reg;
October 16,
2012, Susp.
Rainelle, Town of, 540228 September 3, ......do................. Do.
Greenbrier County. 1975, Emerg;
November 19,
1987, Reg;
October 16,
2012, Susp.
Ronceverte, City of, 540043 March 10, 1975, ......do................. Do.
Greenbrier County. Emerg; May 17,
1990, Reg;
October 16,
2012, Susp.
Rupert, Town of, 540044 January 24, ......do................. Do.
Greenbrier County. 1975, Emerg;
August 24,
1984, Reg;
October 16,
2012, Susp.
White Sulphur Springs, 540045 November 20, ......do................. Do.
City of, Greenbrier 1974, Emerg;
County. August 1, 1978,
Reg; October
16, 2012, Susp.
Region IV
Alabama:
Chatom, Town of, 010376 November 1, ......do................. Do.
Washington County. 1999, Emerg;
September 29,
2006, Reg;
October 16,
2012, Susp.
Millry, Town of, 010207 May 18, 2005, ......do................. Do.
Washington County. Emerg;
September 29,
2006, Reg;
October 16,
2012, Susp.
Washington County, 010302 January 12, ......do................. Do.
Unincorporated Areas. 1976, Emerg;
August 1, 1987,
Reg; October
16, 2012, Susp.
Region V
Indiana:
Mecca, Town of, Parke 180330 December 21, ......do................. Do.
County. 1978, Emerg;
April 1, 1988,
Reg; October
16, 2012, Susp.
[[Page 63756]]
Montezuma, Town of, Parke 180194 June 19, 1975, ......do................. Do.
County. Emerg; April 1,
1988, Reg;
October 16,
2012, Susp.
Parke County, 180192 September 30, ......do................. Do.
Unincorporated Areas. 1988, Emerg; N/
A, Reg; October
16, 2012, Susp.
Michigan:
Cedarville, Township of, 260659 N/A, Emerg; June ......do................. Do.
Menominee County. 24, 1993, Reg;
October 16,
2012, Susp.
Gourley, Township of, 260455 October 23, ......do................. Do.
Menominee County. 1995, Emerg;
November 5,
2009, Reg;
October 16,
2012, Susp.
Holmes, Township of, 260457 July 28, 1995, ......do................. Do.
Menominee County. Emerg; November
5, 2009, Reg;
October 16,
2012, Susp.
Ingallston, Township of, 260660 N/A, Emerg; ......do................. Do.
Menominee County. September 28,
1979, Reg;
October 16,
2012, Susp.
Mellen, Township of, 260692 June 9, 1993, ......do................. Do.
Menominee County. Emerg; November
5, 2009, Reg;
October 16,
2012, Susp.
Menominee, City of, 260138 May 1, 1973, ......do................. Do.
Menominee County. Emerg; August
1, 1978, Reg;
October 16,
2012, Susp.
Menominee, Township of, 260702 N/A, Emerg; ......do................. Do.
Menominee County. January 7,
1992, Reg;
October 16,
2012, Susp.
Meyer, Township of, 260458 September 22, ......do................. Do.
Menominee County. 1995, Emerg;
August 19,
1997, Reg;
October 16,
2012, Susp.
Spalding, Township of, 260461 July 28, 1995, ......do................. Do.
Menominee County. Emerg; November
5, 2009, Reg;
October 16,
2012, Susp.
Stephenson, City of, 260139 August 7, 1973, ......do................. Do.
Menominee County. Emerg; May 16,
1977, Reg;
October 16,
2012, Susp.
Wisconsin:
Elroy, City of, Juneau 550201 June 26, 1975, ......do................. Do.
County. Emerg;
September 18,
1991, Reg;
October 16,
2012, Susp.
Juneau County, 550580 July 3, 1975, ......do................. Do.
Unincorporated Areas. Emerg;
September 18,
1991, Reg;
October 16,
2012, Susp.
Mauston, City of, Juneau 550204 July 24, 1975, ......do................. Do.
County. Emerg;
September 18,
1991, Reg;
October 16,
2012, Susp.
Necedah, Village of, 550205 N/A, Emerg; ......do................. Do.
Juneau County. January 27,
1992, Reg;
October 16,
2012, Susp.
New Lisbon, City of, 550206 July 8, 1975, ......do................. Do.
Juneau County. Emerg;
September 18,
1991, Reg;
October 16,
2012, Susp.
Wonewoc, Village of, 550208 July 18, 1975, ......do................. Do.
Juneau County. Emerg;
September 30,
1988, Reg;
October 16,
2012, Susp.
Region VI
Oklahoma:
Glenpool, City of, Tulsa 400208 February 6, ......do................. Do.
County. 1975, Emerg;
March 2, 1981,
Reg; October
16, 2012, Susp.
Jenks, City of, Tulsa 400209 November 1, ......do................. Do.
County. 1974, Emerg;
February 17,
1982, Reg;
October 16,
2012, Susp.
Sand Springs, City of, 400211 August 5, 1974, ......do................. Do.
Tulsa County. Emerg; June 15,
1981, Reg;
October 16,
2012, Susp.
Skiatook, Town of, Tulsa 400212 July 2, 1974, ......do................. Do.
County. Emerg; July 16,
1980, Reg;
October 16,
2012, Susp.
Sperry, Town of, Tulsa 400213 June 17, 1975, ......do................. Do.
County. Emerg; July 16,
1981, Reg;
October 16,
2012, Susp.
Tulsa County, 400462 April 21, 1975, ......do................. Do.
Unincorporated Areas. Emerg;
September 16,
1982, Reg;
October 16,
2012, Susp.
Region VIII
Colorado:
Grand Junction, City of, 080117 October 13, ......do................. Do.
Mesa County. 1978, Emerg;
January 6,
1983, Reg;
October 16,
2012, Susp.
Mesa County, 080115 July 26, 1973, ......do................. Do.
Unincorporated Areas. Emerg; July 3,
1978, Reg;
October 16,
2012, Susp.
Region IX
California:
Daly City, City of, San 060317 August 4, 1975, ......do................. Do.
Mateo County. Emerg; July 31,
1979, Reg;
October 16,
2012, Susp.
Region X
Washington:
Bucoda, Town of, Thurston 530189 February 10, ......do................. Do.
County. 1975, Emerg;
September 2,
1981, Reg;
October 16,
2012, Susp.
Lacey, City of, Thurston 530190 May 7, 1975, ......do................. Do.
County. Emerg; July 16,
1980, Reg;
October 16,
2012, Susp.
[[Page 63757]]
Olympia, City of, 530191 October 3, 1974, ......do................. Do.
Thurston County. Emerg; February
17, 1982, Reg;
October 16,
2012, Susp.
Rainier, City of, 530260 N/A, Emerg; ......do................. Do.
Thurston County. March 29, 1999,
Reg; October
16, 2012, Susp.
Tenino, City of, Thurston 530302 February 18, ......do................. Do.
County. 1975, Emerg;
June 4, 1980,
Reg; October
16, 2012, Susp.
Thurston County, 530188 September 13, ......do................. Do.
Unincorporated Areas. 1974, Emerg;
December 1,
1982, Reg;
October 16,
2012, Susp.
Tumwater, City of, 530192 December 18, ......do................. Do.
Thurston County. 1974, Emerg;
August 1, 1980,
Reg; October
16, 2012, Susp.
Yelm, City of, Thurston 530310 May 21, 1990, ......do................. Do.
County. Emerg; June 19,
1999, Reg;
October 16,
2012, Susp.
----------------------------------------------------------------------------------------------------------------
* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: October 9, 2012.
Edward L. Connor,
Deputy Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-25557 Filed 10-16-12; 8:45 am]
BILLING CODE 9110-12-P