Suspension of Community Eligibility

Federal Register, Volume 77 Issue 34 (Tuesday, February 21, 2012)

Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)

Rules and Regulations

Pages 9856-9859

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2012-3887

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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-8219

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.

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 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 their eligibility for the sale of insurance. A notice withdrawing the suspension of the 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 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, 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:

    Page 9857

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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:

    Allegheny, Township of, 420961 November 5, 1973, March 2, 2012......... March 2, 2012.

    Blair County. Emerg; April 3,

    1985, Reg; March

    2, 2012, Susp.

    Altoona, City of, Blair 420159 September 26, ......do*............. Do.

    County. 1973, Emerg;

    March 2, 1983,

    Reg; March 2,

    2012, Susp.

    Antis, Township of, Blair 421385 July 30, 1975, ......do*............. Do.

    County. Emerg; February

    4, 1981, Reg;

    March 2, 2012,

    Susp.

    Bedford, Borough of, 421228 July 17, 1974, ......do.............. Do.

    Bedford County. Emerg; September

    2, 1988, Reg;

    March 2, 2012,

    Susp.

    Bedford, Township of, 421331 July 30, 1975, ......do.............. Do.

    Bedford County. Emerg; October

    17, 1989, Reg;

    March 2, 2012,

    Susp.

    Bellwood, Borough of, 420160 May 18, 1976, ......do.............. Do.

    Blair County. Emerg; June 1,

    1979, Reg; March

    2, 2012, Susp.

    Blair, Township of, Blair 421386 August 1, 1975, ......do.............. Do.

    County. Emerg; January

    18, 1984, Reg;

    March 2, 2012,

    Susp.

    Bloomfield, Township of, 421332 March 19, 1984, ......do.............. Do.

    Bedford County. Emerg; October 5,

    1984, Reg; March

    2, 2012, Susp.

    Broad Top, Township of, 421333 August 7, 1975, ......do.............. Do.

    Bedford County. Emerg; June 4,

    1990, Reg; March

    2, 2012, Susp.

    Catharine, Township of, 420962 October 4, 1973, ......do.............. Do.

    Blair County. Emerg; August 1,

    1980, Reg; March

    2, 2012, Susp.

    Coaldale, Borough of, 420118 June 16, 1975, ......do.............. Do.

    Bedford County. Emerg; April 16,

    1990, Reg; March

    2, 2012, Susp.

    Colerain, Township of, 421334 March 20, 1984, ......do.............. Do.

    Bedford County. Emerg; October 5,

    1984, Reg; March

    2, 2012, Susp.

    Cumberland Valley, 421335 July 23, 1975, ......do.............. Do.

    Township of, Bedford Emerg; October

    County. 15, 1985, Reg;

    March 2, 2012,

    Susp.

    Duncansville, Borough of, 420161 August 22, 1974, ......do.............. Do.

    Blair County. Emerg; September

    28, 1984, Reg;

    March 2, 2012,

    Susp.

    East Providence, Township 421336 June 17, 1975, ......do.............. Do.

    of, Bedford County. Emerg; June 19,

    1989, Reg; March

    2, 2012, Susp.

    East Saint Clair, Township 421337 March 3, 1977, ......do.............. Do.

    of, Bedford County. Emerg; June 19,

    1989, Reg; March

    2, 2012, Susp.

    Everett, Borough of, 420119 January 13, 1975, ......do.............. Do.

    Bedford County. Emerg; November

    16, 1990, Reg;

    March 2, 2012,

    Susp.

    Frankstown, Township of, 421387 August 16, 1974, ......do.............. Do.

    Blair County. Emerg; June 15,

    1981, Reg; March

    2, 2012, Susp.

    Freedom, Township of, 421388 July 31, 1975, ......do.............. Do.

    Blair County. Emerg; September

    16, 1981, Reg;

    March 2, 2012,

    Susp.

    Greenfield, Township of, 421389 July 28, 1975, ......do.............. Do.

    Blair County. Emerg; April 1,

    1982, Reg; March

    2, 2012, Susp.

    Harrison, Township of, 421338 October 24, 1975, ......do.............. Do.

    Bedford County. Emerg; July 4,

    1989, Reg; March

    2, 2012, Susp.

    Hollidaysburg, Borough of, 420162 March 30, 1973, ......do.............. Do.

    Blair County. Emerg; June 1,

    1982, Reg; March

    2, 2012, Susp.

    Hopewell, Borough of, 420120 July 3, 1975, ......do.............. Do.

    Bedford County. Emerg; September

    15, 1989, Reg;

    March 2, 2012,

    Susp.

    Hopewell, Township of, 421339 July 28, 1975, ......do.............. Do.

    Bedford County. Emerg; September

    6, 1989, Reg;

    March 2, 2012,

    Susp.

    Huston, Township of, Blair 422332 February 6, 1976, ......do.............. Do.

    County. Emerg; September

    30, 1980, Reg;

    March 2, 2012,

    Susp.

    Hyndman, Borough of, 420121 April 29, 1975, ......do.............. Do.

    Bedford County. Emerg; December

    15, 1989, Reg;

    March 2, 2012,

    Susp.

    Juniata, Township of, 421340 September 4, 1975, ......do.............. Do.

    Bedford County. Emerg; December

    16, 1977, Reg;

    March 2, 2012,

    Susp.

    Juniata, Township of, 421390 February 3, 1976, ......do.............. Do.

    Blair County. Emerg; September

    16, 1981, Reg;

    March 2, 2012,

    Susp.

    Kimmel, Township of, 421341 July 2, 1975, ......do.............. Do.

    Bedford County. Emerg; October

    15, 1985, Reg;

    March 2, 2012,

    Susp.

    King, Township of, Bedford 421342 May 11, 1984, ......do.............. Do.

    County. Emerg; August 15,

    1990, Reg; March

    2, 2012, Susp.

    Liberty, Township of, 421343 May 28, 1975, ......do.............. Do.

    Bedford County. Emerg; September

    30, 1988, Reg;

    March 2, 2012,

    Susp.

    Lincoln, Township of, 421344 August 21, 1975, ......do.............. Do.

    Bedford County. Emerg; September

    30, 1988, Reg;

    March 2, 2012,

    Susp.

    Logan, Township of, Blair 421391 November 24, 1975, ......do.............. Do.

    County. Emerg; September

    28, 1984, Reg;

    March 2, 2012,

    Susp.

    Londonderry, Township of, 421345 August 12, 1975, ......do.............. Do.

    Bedford County. Emerg; July 17,

    1989, Reg; March

    2, 2012, Susp.

    Page 9858

    Mann, Township of, Bedford 421346 August 26, 1975, ......do.............. Do.

    County. Emerg; September

    1, 1978, Reg;

    March 2, 2012,

    Susp.

    Manns Choice, Borough of, 421325 March 2, 1977, ......do.............. Do.

    Bedford County. Emerg; September

    6, 1989, Reg;

    March 2, 2012,

    Susp.

    Martinsburg, Borough of, 421384 February 9, 1976, ......do.............. Do.

    Blair County. Emerg; April 20,

    1979, Reg; March

    2, 2012, Susp.

    Monroe, Township of, 421347 June 10, 1975, ......do.............. Do.

    Bedford County. Emerg; October

    15, 1985, Reg;

    March 2, 2012,

    Susp.

    Napier, Township of, 421348 January 20, 1978, ......do.............. Do.

    Bedford County. Emerg; September

    6, 1989, Reg;

    March 2, 2012,

    Susp.

    New Paris, Borough of, 421326 May 12, 1975, ......do.............. Do.

    Bedford County. Emerg; July 21,

    1978, Reg; March

    2, 2012, Susp.

    Newry, Borough of, Blair 422333 March 10, 1976, ......do.............. Do.

    County. Emerg; January

    18, 1984, Reg;

    March 2, 2012,

    Susp.

    North Woodbury, Township 421392 February 6, 1976, ......do.............. Do.

    of, Blair County. Emerg; September

    16, 1981, Reg;

    March 2, 2012,

    Susp.

    Pavia, Township of, 421352 April 29, 1975, ......do.............. Do.

    Bedford County. Emerg; June 1,

    1989, Reg; March

    2, 2012, Susp.

    Pleasantville, Borough of, 421327 March 8, 1977, ......do.............. Do.

    Bedford County. Emerg; September

    30, 1988, Reg;

    March 2, 2012,

    Susp.

    Rainsburg, Borough of, 420122 April 29, 1975, ......do.............. Do.

    Bedford County. Emerg; May 27,

    1977, Reg; March

    2, 2012, Susp.

    Roaring Spring, Borough 420163 September 4, 1973, ......do.............. Do.

    of, Blair County. Emerg; September

    1, 1977, Reg;

    March 2, 2012,

    Susp.

    Saxton, Borough of, 420123 September 26, ......do.............. Do.

    Bedford County. 1974, Emerg;

    January 26, 1983,

    Reg; March 2,

    2012, Susp.

    Snake Spring, Township of, 421349 February 28, 1977, ......do.............. Do.

    Bedford County. Emerg; July 4,

    1988, Reg; March

    2, 2012, Susp.

    Snyder, Township of, Blair 421393 June 10, 1975, ......do.............. Do.

    County. Emerg; February

    2, 1983, Reg;

    March 2, 2012,

    Susp.

    South Woodbury, Township 421350 June 5, 1985, ......do.............. Do.

    of, Bedford County. Emerg; February

    19, 1986, Reg;

    March 2, 2012,

    Susp.

    Southampton, Township of, 421351 July 13, 1984, ......do.............. Do.

    Bedford County. Emerg; September

    1, 1987, Reg;

    March 2, 2012,

    Susp.

    Taylor, Township of, Blair 421394 July 2, 1975, ......do.............. Do.

    County. Emerg; September

    30, 1980, Reg;

    March 2, 2012,

    Susp.

    Tyrone, Borough of, Blair 420164 July 9, 1973, ......do.............. Do.

    County. Emerg; May 2,

    1983, Reg; March

    2, 2012, Susp.

    Tyrone, Township of, Blair 421395 December 17, 1975, ......do.............. Do.

    County. Emerg; June 18,

    1980, Reg; March

    2, 2012, Susp.

    West Providence, Township 421353 November 11, 1974, ......do.............. Do.

    of, Bedford County. Emerg; July 4,

    1989, Reg; March

    2, 2012, Susp.

    West Saint Clair, Township 421354 April 22, 1975, ......do.............. Do.

    of, Bedford County. Emerg; July 17,

    1989, Reg; March

    2, 2012, Susp.

    Williamsburg, Borough of, 420165 August 7, 1973, ......do.............. Do.

    Blair County. Emerg; March 1,

    1978, Reg; March

    2, 2012, Susp.

    Woodbury, Borough of, 421330 July 5, 1978, ......do.............. Do.

    Bedford County. Emerg; September

    24, 1984, Reg;

    March 2, 2012,

    Susp.

    Woodbury, Township of, 421355 August 9, 1982, ......do.............. Do.

    Bedford County. Emerg; August 24,

    1984, Reg; March

    2, 2012, Susp.

    Woodbury, Township of, 420963 September 26, ......do.............. Do.

    Blair County. 1973, Emerg; May

    15, 1980, Reg;

    March 2, 2012,

    Susp.

    West Virginia:

    Reedy, Town of, Roane 540184 September 11, ......do.............. Do.

    County. 1974, Emerg;

    December 1, 1978,

    Reg; March 2,

    2012, Susp.

    Roane County, 540183 January 20, 1978, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    10, 1984, Reg;

    March 2, 2012,

    Susp.

    Spencer, City of, Roane 540185 November 25, 1974, ......do.............. Do.

    County. Emerg; January 3,

    1979, Reg; March

    2, 2012, Susp.

    Region IV

    Mississippi: Anguilla, Town 280153 May 14, 1973, ......do.............. Do.

    of, Sharkey County. Emerg; July 3,

    1986, Reg; March

    2, 2012, Susp.

    Region VI

    Arkansas: Sebastian County, 050462 January 27, 1983, ......do.............. Do.

    Unincorporated Areas. Emerg; April 1,

    1988, Reg; March

    2, 2012, Susp.

    Region VII

    Missouri: Canton, City of, 290204 March 25, 1974, ......do.............. Do.

    Lewis County. Emerg; February

    1, 1977, Reg;

    March 2, 2012,

    Susp.

    Page 9859

    Region VIII

    North Dakota:

    Hettinger County, 380293 July 7, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; February

    19, 1987, Reg;

    March 2, 2012,

    Susp.

    Mott, City of, Hettinger 380038 October 20, 1972, ......do.............. Do.

    County. Emerg; December

    15, 1976, Reg;

    March 2, 2012,

    Susp.

    Regent, City of, Hettinger 380198 August 5, 1975,

    County. Emerg; January

    30, 1984, Reg;

    March 2, 2012,

    Susp.

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    *do = Ditto.

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: February 7, 2012.

    David L. Miller,

    Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

    FR Doc. 2012-3887 Filed 2-17-12; 8:45 am

    BILLING CODE 9110-12-P

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