[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Rules and Regulations]
[Pages 66733-66737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27159]
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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-8253]
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
[[Page 66734]]
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:
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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:
Ashley, Borough of, 420596 December 13, 1974, Nov. 2, 2012.......... Nov. 2, 2012
Luzerne County. Emerg; September
30, 1980, Reg;
November 2, 2012,
Susp.
Avoca, Borough of, Luzerne 420597 March 7, 1975, do*................... Do.
County. Emerg; July 16,
1981, Reg;
November 2, 2012,
Susp.
Bear Creek, Township of, 421136 March 12, 1974, do.................... Do.
Luzerne County. Emerg; September
29, 1978, Reg;
November 2, 2012,
Susp.
Bear Creek Village, 422756 N/A, Emerg; July do.................... Do.
Borough of, Luzerne 26, 2002, Reg;
County. November 2, 2012,
Susp.
Black Creek, Township of, 420598 March 9, 1973, do.................... Do.
Luzerne County. Emerg; September
3, 1980, Reg;
November 2, 2012,
Susp.
Buck, Township of, Luzerne 421824 February 17, 1976, do.................... Do.
County. Emerg; April 15,
1981, Reg;
November 2, 2012,
Susp.
Butler, Township of, 420599 August 16, 1973, do.................... Do.
Luzerne County. Emerg; December
16, 1980, Reg;
November 2, 2012,
Susp.
Conyngham, Borough of, 420992 August 24, 1973, do.................... Do.
Luzerne County. Emerg; July 16,
1980, Reg;
November 2, 2012,
Susp.
Conyngham, Township of, 420600 February 9, 1973, do.................... Do.
Luzerne County. Emerg; February
16, 1977, Reg;
November 2, 2012,
Susp.
Courtdale, Borough of, 420601 May 1, 1973, do.................... Do.
Luzerne County. Emerg; June 1,
1979, Reg;
November 2, 2012,
Susp.
Dallas, Borough of, 421825 April 15, 1974, do.................... Do.
Luzerne County. Emerg; January 2,
1981, Reg;
November 2, 2012,
Susp.
Dallas, Township of, 420602 September 5, 1973, do.................... Do.
Luzerne County. Emerg; April 1,
1988, Reg;
November 2, 2012,
Susp.
Dupont, Borough of, 422250 July 29, 1974, do.................... Do.
Luzerne County. Emerg; June 15,
1981, Reg;
November 2, 2012,
Susp.
Duryea, Borough of, 420603 January 12, 1973, do.................... Do.
Luzerne County. Emerg; June 18,
1980, Reg;
November 2, 2012,
Susp.
[[Page 66735]]
Edwardsville, Borough of, 420604 December 1, 1972, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Exeter, Township of, 420606 January 19, 1973, do.................... Do.
Luzerne County. Emerg; September
15, 1983, Reg;
November 2, 2012,
Susp.
Fairmount, Township of, 421827 February 9, 1976, do.................... Do.
Luzerne County. Emerg; April 1,
1981, Reg;
November 2, 2012,
Susp.
Fairview, Township of, 420993 January 23, 1974, do.................... Do.
Luzerne County. Emerg; June 1,
1979, Reg;
November 2, 2012,
Susp.
Forty Fort, Borough of, 420607 November 3, 1972, do.................... Do.
Luzerne County. Emerg; April 1,
1977, Reg;
November 2, 2012,
Susp.
Hanover, Township of, 420608 October 20, 1972, do.................... Do.
Luzerne County. Emerg; May 16,
1977, Reg;
November 2, 2012,
Susp.
Hollenback, Township of, 421831 September 30, do.................... Do.
Luzerne County. 1975, Emerg;
September 17,
1980, Reg;
November 2, 2012,
Susp.
Hunlock, Township of, 420994 November 5, 1973, do.................... Do.
Luzerne County. Emerg; April 1,
1980, Reg;
November 2, 2012,
Susp.
Huntington, Township of, 421832 July 2, 1974, do.................... Do.
Luzerne County. Emerg; April 15,
1981, Reg;
November 2, 2012,
Susp.
Jackson, Township of, 420610 March 16, 1973, do.................... Do.
Luzerne County. Emerg; September
17, 1980, Reg;
November 2, 2012,
Susp.
Jenkins, Township of, 420611 February 2, 1973, do.................... Do.
Luzerne County. Emerg; May 16,
1977, Reg;
November 2, 2012,
Susp.
Kingston, Borough of, 420612 October 6, 1972, do.................... Do.
Luzerne County. Emerg; June 1,
1977, Reg;
November 2, 2012,
Susp.
Kingston, Township of, 420613 December 22, 1972, do.................... Do.
Luzerne County. Emerg; January 2,
1981, Reg;
November 2, 2012,
Susp.
Laflin, Borough of, 420995 October 4, 1973, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Lake, Township of, Luzerne 421833 October 24, 1975, do.................... Do.
County. Emerg; September
3, 1980, Reg;
November 2, 2012,
Susp.
Larksville, Borough of, 420614 March 23, 1973, do.................... Do.
Luzerne County. Emerg; April 1,
1977, Reg;
November 2, 2012,
Susp.
Lehman, Township of, 420615 July 10, 1973, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Luzerne, Borough of, 420616 March 2, 1973, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Nanticoke, City of, 420617 April 4, 1973, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Nescopeck, Borough of, 420618 April 16, 1973, do.................... Do.
Luzerne County. Emerg; February
1, 1980, Reg;
November 2, 2012,
Susp.
Nescopeck, Township of, 420619 March 2, 1973, do.................... Do.
Luzerne County. Emerg; August 1,
1980, Reg;
November 2, 2012,
Susp.
New Columbus, Borough of, 421819 July 9, 1975, do.................... Do.
Luzerne County. Emerg; March 16,
1981, Reg;
November 2, 2012,
Susp.
Newport, Township of, 421822 December 17, 1975, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Nuangola, Borough of, 422272 October 15, 1975, do.................... Do.
Luzerne County. Emerg; September
28, 1979, Reg;
November 2, 2012,
Susp.
Penn Lake Park, Borough 422645 July 12, 1976, do.................... Do.
of, Luzerne County. Emerg; December
5, 1980, Reg;
November 2, 2012,
Susp.
Pittston, City of, Luzerne 420620 April 17, 1973, do.................... Do.
County. Emerg; May 2,
1977, Reg;
November 2, 2012,
Susp.
Plymouth, Borough of, 420622 October 27, 1972, do.................... Do.
Luzerne County. Emerg; April 1,
1977, Reg;
November 2, 2012,
Susp.
Plymouth, Township of, 420623 February 2, 1973, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Pringle, Borough of, 420624 January 19, 1973, do.................... Do.
Luzerne County. Emerg; May 2,
1977, Reg;
November 2, 2012,
Susp.
Rice, Township of, Luzerne 420996 December 6, 1973, do.................... Do.
County. Emerg; January 2,
1981, Reg;
November 2, 2012,
Susp.
Ross, Township of, Luzerne 421835 February 9, 1976, do.................... Do.
County. Emerg; April 15,
1981, Reg;
November 2, 2012,
Susp.
Salem, Township of, 420625 May 23, 1973, do.................... Do.
Luzerne County. Emerg; March 18,
1980, Reg;
November 2, 2012,
Susp.
Shickshinny, Borough of, 420626 December 15, 1972, do.................... Do.
Luzerne County. Emerg; December
31, 1976, Reg;
November 2, 2012,
Susp.
Union, Township of, 421836 February 18, 1976, do.................... Do.
Luzerne County. Emerg; September
30, 1980, Reg;
November 2, 2012,
Susp.
[[Page 66736]]
West Hazleton, Borough of, 421821 June 6, 1974, do.................... Do.
Luzerne County. Emerg; July 31,
1978, Reg;
November 2, 2012,
Susp.
West Pittston, Borough of, 420628 November 24, 1972, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
White Haven, Borough of, 420630 April 4, 1973, do.................... Do.
Luzerne County. Emerg; August 1,
1977, Reg;
November 2, 2012,
Susp.
Wilkes-Barre, City of, 420631 December 10, 1971, do.................... Do.
Luzerne County. Emerg; September
30, 1977, Reg;
November 2, 2012,
Susp.
Wilkes-Barre, Township of, 421823 August 13, 1974, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Wright, Township of, 420632 May 10, 1973, do.................... Do.
Luzerne County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Wyoming, Borough of, 420633 November 3, 1972, .do................... Do.
Luzerne County. Emerg; November
16, 1977, Reg;
November 2, 2012,
Susp.
Region IV
Florida:
Bronson, Town of, Levy 120582 April 11, 1980, do.................... Do.
County. Emerg; February
1, 1987, Reg;
November 2, 2012,
Susp.
Cedar Key, City of, Levy 120373 August 6, 1975, do....................
County. Emerg; March 1,
1984, Reg;
November 2, 2012,
Susp.
Inglis, Town of, Levy 120586 January 10, 1986, do.................... Do.
County. Emerg; January
10, 1986, Reg;
November 2, 2012,
Susp.
Levy County, 120145 November 13, 1970, do.................... Do.
Unincorporated Areas. Emerg; March 1,
1984, Reg;
November 2, 2012,
Susp.
Otter Creek, Town of, Levy 120592 February 8, 2005, do.................... Do.
County. Emerg; September
1, 2005, Reg;
November 2, 2012,
Susp.
Yankeetown, Town of, Levy 120147 November 13, 1970, do.................... Do.
County. Emerg; August 20,
1971, Reg;
November 2, 2012,
Susp.
Georgia:
Cobb County, 130052 June 12, 1973, do.................... Do.
Unincorporated Areas. Emerg; January 3,
1979, Reg;
November 2, 2012,
Susp.
Marietta, City of, Cobb 130226 September 5, 1974, do.................... Do.
County. Emerg; February
15, 1978, Reg;
November 2, 2012,
Susp.
Region V
Indiana:
Batesville, City of, 180507 N/A, Emerg; March do.................... Do.
Ripley County. 9, 2010, Reg;
November 2, 2012,
Susp.
Ripley County, 180221 February 11, 1976, do.................... Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
November 2, 2012,
Susp.
Wisconsin:
Chaseburg, Village of, 550451 August 25, 1975, do.................... Do.
Vernon County. Emerg; February
4, 1981, Reg;
November 2, 2012,
Susp.
Coon Valley, Village of, 550452 April 7, 1975, do.................... Do.
Vernon County. Emerg; February
4, 1981, Reg;
November 2, 2012,
Susp.
De Soto, Village of, 550069 December 15, 1980, do.................... Do.
Vernon County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Genoa, Village of, Vernon 555556 May 7, 1971, do.................... Do.
County. Emerg; February
26, 1972, Reg;
November 2, 2012,
Susp.
Ontario, Village of, 550457 August 16, 1978, do.................... Do.
Vernon County. Emerg; N/A, Reg;
November 2, 2012,
Susp.
Readstown, Village of, 550458 April 30, 1971, do.................... Do.
Vernon County. Emerg; March 16,
1976, Reg;
November 2, 2012,
Susp.
Stoddard, Village of, 555582 April 23, 1971, do.................... Do.
Vernon County. Emerg; October
20, 1972, Reg;
November 2, 2012,
Susp.
Vernon County, 550450 September 1, 1972, do.................... Do.
Unincorporated Areas. Emerg; September
29, 1978, Reg;
November 2, 2012,
Susp.
Viola, Village of, Vernon 550460 December 5, 1974, do.................... Do.
County. Emerg; June 4,
1990, Reg;
November 2, 2012,
Susp.
Region VII
Missouri:
Carl Junction, City of, 290179 October 28, 1975, do.................... Do.
Jasper County. Emerg; June 1,
1982, Reg;
November 2, 2012,
Susp.
Carterville, City of, 290180 January 17, 1977, do.................... Do.
Jasper County. Emerg; July 16,
1984, Reg;
November 2, 2012,
Susp.
Cole County, 290107 January 21, 1982, do.................... Do.
Unincorporated Areas. Emerg; January
21, 1982, Reg;
November 2, 2012,
Susp.
[[Page 66737]]
Duenweg, City of, Jasper 290182 N/A, Emerg; April do.................... Do.
County. 1, 2004, Reg;
November 2, 2012,
Susp.
Jasper County, 290807 May 15, 1987, do.................... Do.
Unincorporated Areas. Emerg; May 15,
1987, Reg;
November 2, 2012,
Susp.
Jefferson City, City of, 290108 April 23, 1971, do.................... Do.
Cole County. Emerg; April 15,
1980, Reg;
November 2, 2012,
Susp.
Sarcoxie, City of, Jasper 290186 May 29, 1974, do.................... Do.
County. Emerg; July 16,
1979, Reg;
November 2, 2012,
Susp.
Webb City, City of, Jasper 290187 May 19, 1975, do.................... Do.
County. Emerg; June 1,
1982, Reg;
November 2, 2012,
Susp.
Region VIII
North Dakota:
Grafton, City of, Walsh 380137 January 17, 1975, do.................... Do.
County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Minto, City of, Walsh 380138 June 27, 1975, do.................... Do.
County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Park River, City of, Walsh 380139 February 3, 1975, do.................... Do.
County. Emerg; May 1,
1980, Reg;
November 2, 2012,
Susp.
Walsh County, 380135 March 28, 1978, do.................... Do.
Unincorporated Areas. Emerg; May 1,
1986, Reg;
November 2, 2012,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: October 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-27159 Filed 11-6-12; 8:45 am]
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