Suspension of Community Eligibility

Federal Register, Volume 77 Issue 12 (Thursday, January 19, 2012)

Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)

Rules and Regulations

Pages 2646-2650

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

FR Doc No: 2012-929

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8213

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, Mitigation Directorate, 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.

Page 2647

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

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

    Region III

    Pennsylvania:

    Antrim, Township of, 421233 March 26, 1974, Jan. 18, 2012......... Jan. 18, 2012.

    Franklin County. Emerg; April 24,

    1981, Reg;

    January 18, 2012,

    Susp.

    Benezette, Township of, 422612 August 8, 1979, ......do.............. Do.

    Elk County. Emerg; June 1,

    1987, Reg;

    January 18, 2012,

    Susp.

    Bessemer, Borough of, 422627 August 1, 1975, ......do.............. Do.

    Lawrence County. Emerg; July 9,

    1982, Reg;

    January 18, 2012,

    Susp.

    Chambersburg, Borough of, 420469 February 2, 1973, ......do.............. Do.

    Franklin County. Emerg; July 17,

    1978, Reg;

    January 18, 2012,

    Susp.

    Ellport, Borough of, 422462 March 9, 1976, ......do.............. Do.

    Lawrence County. Emerg; November

    17, 1978, Reg;

    January 18, 2012,

    Susp.

    Ellwood City, Borough of, 420567 October 3, 1974, ......do.............. Do.

    Lawrence County. Emerg; June 1,

    1982, Reg;

    January 18, 2012,

    Susp.

    Enon Valley, Borough of, 422463 August 11, 1975, ......do.............. Do.

    Lawrence County. Emerg; August 3,

    1984, Reg;

    January 18, 2012,

    Susp.

    Fannett, Township of, 422424 February 13, 1976, ......do.............. Do.

    Franklin County. Emerg; October

    29, 1982, Reg;

    January 18, 2012,

    Susp.

    Fox, Township of, Elk 421608 December 19, 1975, ......do*............. Do.

    County. Emerg; November

    2, 1990, Reg;

    January 18, 2012,

    Susp.

    Greencastle, Borough of, 420470 April 24, 1975, ......do.............. Do.

    Franklin County. Emerg; September

    30, 1976, Reg;

    January 18, 2012,

    Susp.

    Greene, Township of, 421649 June 18, 1974, ......do.............. Do.

    Franklin County. Emerg; November

    2, 1990, Reg;

    January 18, 2012,

    Susp.

    Guilford, Township of, 421650 January 20, 1976, ......do.............. Do.

    Franklin County. Emerg; June 18,

    1990, Reg;

    January 18, 2012,

    Susp.

    Hamilton, Township of, 421651 September 17, ......do.............. Do.

    Franklin County. 1974, Emerg; June

    18, 1990, Reg;

    January 18, 2012,

    Susp.

    Hickory, Township of, 421792 April 7, 1975, ......do.............. Do.

    Lawrence County. Emerg; August 2,

    1982, Reg;

    January 18, 2012,

    Susp.

    Highland, Township of, Elk 421609 January 29, 1976, ......do.............. Do.

    County. Emerg; December

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Horton, Township of, Elk 421610 June 12, 1980, ......do.............. Do.

    County. Emerg; December

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Jay, Township of, Elk 421611 January 13, 1976, ......do.............. Do.

    County. Emerg; December

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Johnsonburg, Borough of, 420443 February 2, 1973, ......do.............. Do.

    Elk County. Emerg; September

    29, 1978, Reg;

    January 18, 2012,

    Susp.

    Jones, Township of, Elk 421612 January 27, 1976, ......do.............. Do.

    County. Emerg; December

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Letterkenny, Township of, 422425 April 30, 1979, ......do.............. Do.

    Franklin County. Emerg; September

    17, 1982, Reg;

    January 18, 2012,

    Susp.

    Little Beaver, Township 422464 December 22, 1975, ......do.............. Do.

    of, Lawrence County. Emerg; May 1,

    1986, Reg;

    January 18, 2012,

    Susp.

    Lurgan, Township of, 421652 October 28, 1975, ......do.............. Do.

    Franklin County. Emerg; September

    1, 1978, Reg;

    January 18, 2012,

    Susp.

    Mahoning, Township of, 421793 April 29, 1975, ......do.............. Do.

    Lawrence County. Emerg; February

    18, 1983, Reg;

    January 18, 2012,

    Susp.

    Mercersburg, Borough of, 420471 August 6, 1975, ......do.............. Do.

    Franklin County. Emerg; March 1,

    1986, Reg;

    January 18, 2012,

    Susp.

    Metal, Township of, 421653 January 16, 1976, ......do.............. Do.

    Franklin County. Emerg; September

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Millstone, Township of, 421613 March 8, 1977, ......do.............. Do.

    Elk County. Emerg; December

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Mont Alto, Borough of, 420472 July 9, 1975, ......do.............. Do.

    Franklin County. Emerg; July 16,

    1990, Reg;

    January 18, 2012,

    Susp.

    Montgomery, Township of, 422426 August 1, 1979, ......do.............. Do.

    Franklin County. Emerg; August 1,

    1986, Reg;

    January 18, 2012,

    Susp.

    Page 2648

    Neshannock, Township of, 421794 November 22, 1974, ......do.............. Do.

    Lawrence County. Emerg; May 17,

    1982, Reg;

    January 18, 2012,

    Susp.

    New Castle, City of, 420568 August 31, 1973, ......do.............. Do.

    Lawrence County. Emerg; August 15,

    1978, Reg;

    January 18, 2012,

    Susp.

    New Wilmington, Borough 420569 November 8, 1974, ......do.............. Do.

    of, Lawrence County. Emerg; August 3,

    1984, Reg;

    January 18, 2012,

    Susp.

    North Beaver, Township of, 421795 March 2, 1977, ......do.............. Do.

    Lawrence County. Emerg; August 19,

    1987, Reg;

    January 18, 2012,

    Susp.

    Peters, Township of, 421654 August 14, 1975, ......do.............. Do.

    Franklin County. Emerg; September

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Plain Grove, Township of, 421797 August 1, 1979, ......do.............. Do.

    Lawrence County. Emerg; August 3,

    1984, Reg;

    January 18, 2012,

    Susp.

    Pulaski, Township of, 421798 October 21, 1974, ......do.............. Do.

    Lawrence County. Emerg; December

    31, 1982, Reg;

    January 18, 2012,

    Susp.

    Quincy, Township of, 421655 September 27, ......do.............. Do.

    Franklin County. 1982, Emerg; July

    16, 1990, Reg;

    January 18, 2012,

    Susp.

    Ridgway, Borough of, Elk 420444 September 1, 1972, ......do.............. Do.

    County. Emerg; February

    15, 1980, Reg;

    January 18, 2012,

    Susp.

    Ridgway, Township of, Elk 420445 May 15, 1973, ......do.............. Do.

    County. Emerg; September

    29, 1978, Reg;

    January 18, 2012,

    Susp.

    Scott, Township of, 421799 July 23, 1974, ......do.............. Do.

    Lawrence County. Emerg; November

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Shenango, Township of, 421029 January 28, 1974, ......do.............. Do.

    Lawrence County. Emerg; April 3,

    1978, Reg;

    January 18, 2012,

    Susp.

    Slippery Rock, Township 422466 March 1, 1977, ......do.............. Do.

    of, Lawrence County. Emerg; November

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    South New Castle, Borough 422467 February 18, 1976, ......do.............. Do.

    of, Lawrence County. Emerg; July 31,

    1978, Reg;

    January 18, 2012,

    Susp.

    Southampton, Township of, 421657 June 17, 1975, ......do.............. Do.

    Franklin County. Emerg; May 15,

    1986, Reg;

    January 18, 2012,

    Susp.

    Spring Creek, Township of, 421614 March 8, 1977, ......do.............. Do.

    Elk County. Emerg; December

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    St. Marys, City of, Elk 420446 October 25, 1973, ......do.............. Do.

    County. Emerg; August 15,

    1980, Reg;

    January 18, 2012,

    Susp.

    St. Thomas, Township of, 421656 August 15, 1975, ......do.............. Do.

    Franklin County. Emerg; July 16,

    1990, Reg;

    January 18, 2012,

    Susp.

    Taylor, Township of, 421800 July 30, 1975, ......do.............. Do.

    Lawrence County. Emerg; August 3,

    1984, Reg;

    January 18, 2012,

    Susp.

    Union, Township of, 421801 April 21, 1975, ......do.............. Do.

    Lawrence County. Emerg; November

    5, 1982, Reg;

    January 18, 2012,

    Susp.

    Volant, Borough of, 421790 July 23, 1975, ......do.............. Do.

    Lawrence County. Emerg; September

    28, 1979, Reg;

    January 18, 2012,

    Susp.

    Wampum, Borough of, 421791 December 26, 1974, ......do.............. Do.

    Lawrence County. Emerg; August 3,

    1984, Reg;

    January 18, 2012,

    Susp.

    Warren, Township of, 422427 February 17, 1976, ......do.............. Do.

    Franklin County. Emerg; September

    1, 1986, Reg;

    January 18, 2012,

    Susp.

    Washington, Township of, 421658 July 1, 1975, ......do.............. Do.

    Franklin County. Emerg; June 3,

    1986, Reg;

    January 18, 2012,

    Susp.

    Washington, Township of, 422468 April 3, 1979, ......do.............. Do.

    Lawrence County. Emerg; September

    24, 1984, Reg;

    January 18, 2012,

    Susp.

    Wayne, Township of, 422469 June 27, 1975, ......do.............. Do.

    Lawrence County. Emerg; May 3,

    1982, Reg;

    January 18, 2012,

    Susp.

    Waynesboro, Borough of, 420473 May 4, 1973, ......do.............. Do.

    Franklin County. Emerg; November

    1, 1985, Reg;

    January 18, 2012,

    Susp.

    Wilmington, Township of, 421802 August 12, 1974, ......do.............. Do.

    Lawrence County. Emerg; June 1,

    1986, Reg;

    January 18, 2012,

    Susp.

    Region IV

    Mississippi:

    Doddsville, Town of, 280162 April 15, 1975, ......do.............. Do.

    Sunflower County. Emerg; July 17,

    1986, Reg;

    January 18, 2012,

    Susp.

    Drew, City of, Sunflower 280163 June 5, 1973, ......do.............. Do.

    County. Emerg; May 1,

    1978, Reg;

    January 18, 2012,

    Susp.

    Durant, City of, Holmes 280074 April 1, 1974, ......do.............. Do.

    County. Emerg; August 19,

    1986, Reg;

    January 18, 2012,

    Susp.

    Holmes County, 280211 April 11, 1974, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    15, 1989, Reg;

    January 18, 2012,

    Susp.

    Moorhead, City of, 280166 May 24, 1973, ......do.............. Do.

    Sunflower County. Emerg; April 17,

    1978, Reg;

    January 18, 2012,

    Susp.

    Ruleville, Town of, 280167 May 14, 1973, ......do.............. Do.

    Sunflower County. Emerg; May 1,

    1978, Reg;

    January 18, 2012,

    Susp.

    Page 2649

    Sunflower, Town of, 280168 May 14, 1973, ......do.............. Do.

    Sunflower County. Emerg; July 17,

    1978, Reg;

    January 18, 2012,

    Susp.

    Sunflower County, 280195 May 4, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    28, 1979, Reg;

    January 18, 2012,

    Susp.

    Region V

    Indiana:

    Boone County, 180011 November 26, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    16, 1982, Reg;

    January 18, 2012,

    Susp.

    Cedar Lake, Town of, Lake 180127 July 25, 1975, ......do.............. Do.

    County. Emerg; March 15,

    1982, Reg;

    January 18, 2012,

    Susp.

    Crown Point, City of, Lake 180128 January 31, 1975, ......do.............. Do.

    County. Emerg; March 18,

    1980, Reg;

    January 18, 2012,

    Susp.

    Dyer, Town of, Lake County 180129 October 10, 1974, ......do.............. Do.

    Emerg; May 15,

    1984, Reg;

    January 18, 2012,

    Susp.

    East Chicago, City of, 180130 February 26, 1975, ......do.............. Do.

    Lake County. Emerg; June 4,

    1980, Reg;

    January 18, 2012,

    Susp.

    Gary, City of, Lake County 180132 March 17, 1975, ......do.............. Do.

    Emerg; March 16,

    1981, Reg;

    January 18, 2012,

    Susp.

    Griffith, Town of, Lake 185175 February 26, 1971, ......do.............. Do.

    County. Emerg; April 14,

    1972, Reg;

    January 18, 2012,

    Susp.

    Hammond, City of, Lake 180134 December 10, 1974, ......do.............. Do.

    County. Emerg; March 16,

    1981, Reg;

    January 18, 2012,

    Susp.

    Highland, Town of, Lake 185176 May 21, 1971, ......do.............. Do.

    County. Emerg; May 19,

    1972, Reg;

    January 18, 2012,

    Susp.

    Hobart, City of, Lake 180136 February 14, 1975, ......do.............. Do.

    County. Emerg; December

    4, 1979, Reg;

    January 18, 2012,

    Susp.

    Lake County, 180126 July 25, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    2, 1981, Reg;

    January 18, 2012,

    Susp.

    Lake Station, City of, 180131 March 27, 1975, ......do.............. Do.

    Lake County. Emerg; September

    5, 1979, Reg;

    January 18, 2012,

    Susp.

    Lebanon, City of, Boone 180013 June 25, 1975, ......do.............. Do.

    County. Emerg; May 3,

    1982, Reg;

    January 18, 2012,

    Susp.

    Lowell, Town of, Lake 180137 January 31, 1975, ......do.............. Do.

    County. Emerg; December

    4, 1979, Reg;

    January 18, 2012,

    Susp.

    Merrillville, Town of, 180138 February 16, 1973, ......do.............. Do.

    Lake County. Emerg; October

    15, 1981, Reg;

    January 18, 2012,

    Susp.

    Munster, Town of, Lake 180139 November 11, 1974, ......do.............. Do.

    County. Emerg; May 16,

    1983, Reg;

    January 18, 2012,

    Susp.

    New Chicago, Town of, Lake 180140 March 13, 1975, ......do.............. Do.

    County. Emerg; January 2,

    1980, Reg;

    January 18, 2012,

    Susp.

    Schererville, Town of, 180142 March 17, 1975, ......do.............. Do.

    Lake County. Emerg; May 1,

    1980, Reg;

    January 18, 2012,

    Susp.

    Schneider, Town of, Lake 180143 March 3, 1976, ......do.............. Do.

    County. Emerg; August 1,

    1980, Reg;

    January 18, 2012,

    Susp.

    St. John, Town of, Lake 180141 January 20, 1975, ......do.............. Do.

    County. Emerg; November

    1, 1979, Reg;

    January 18, 2012,

    Susp.

    Thorntown, Town of, Boone 180014 April 29, 1975, ......do.............. Do.

    County. Emerg; July 21,

    1978, Reg;

    January 18, 2012,

    Susp.

    Whitestown, Town of, Boone 180015 August 5, 1975, ......do.............. Do.

    County. Emerg; April 5,

    1988, Reg;

    January 18, 2012,

    Susp.

    Whiting, City of, Lake 180313 March 9, 1977, ......do.............. Do.

    County. Emerg; March 6,

    1981, Reg;

    January 18, 2012,

    Susp.

    Winfield, Town of, Lake 180515 N/A, Emerg; ......do.............. Do.

    County. November 14,

    1997, Reg;

    January 18, 2012,

    Susp.

    Zionsville, Town of, Boone 180016 May 2, 1975, ......do.............. Do.

    County. Emerg; December

    15, 1981, Reg;

    January 18, 2012,

    Susp.

    Michigan: Higgins, 261011 December 22, 1997, ......do.............. Do.

    Township of, Roscommon Emerg; N/A, Reg;

    County. January 18, 2012,

    Susp.

    Region VI

    Oklahoma:

    Mooreland, Town of, 400230 August 16, 1974, ......do.............. Do.

    Woodward County. Emerg; June 19,

    1985, Reg;

    January 18, 2012,

    Susp.

    Woodward, City of, 400232 April 30, 1974, ......do.............. Do.

    Woodward County. Emerg; December

    16, 1980, Reg;

    January 18, 2012,

    Susp.

    Woodward County, 400500 June 29, 1990, ......do.............. Do.

    Unincorporated Areas. Emerg; January

    17, 1997, Reg;

    January 18, 2012,

    Susp.

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

    *do = Ditto.

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

    Page 2650

    Dated: January 12, 2012.

    David L. Miller,

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

    FR Doc. 2012-929 Filed 1-18-12; 8:45 am

    BILLING CODE 9110-12-P

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