Suspension of Community Eligibility
Federal Register, Volume 77 Issue 43 (Monday, March 5, 2012)
Federal Register Volume 77, Number 43 (Monday, March 5, 2012)
Rules and Regulations
Pages 13010-13013
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-5218
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8221
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
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 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 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
-
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
-
The tables published under the authority of Sec. 64.6 are amended as follows:
Page 13011
----------------------------------------------------------------------------------------------------------------
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:
Barnett, Township of, 422440 April 25, 1979, March 15, 2012........ March 15, 2012.
Jefferson County. Emerg; August 24,
1984, Reg;
March 15, 2012,
Susp.
Beaver, Township of, 422441 May 15, 1979, ......do.............. Do.
Jefferson County. Emerg; February
1, 1985, Reg;
March 15, 2012,
Susp.
Bell, Township of, 422244 March 7, 1977, ......do.............. Do.
Jefferson County. Emerg; April 1,
1986, Reg; March
15, 2012, Susp.
Big Run, Borough of, 420508 May 18, 1976, ......do.............. Do.
Jefferson County. Emerg; June 4,
1990, Reg; March
15, 2012, Susp.
Brockway, Borough of, 420509 January 17, 1974, ......do.............. Do.
Jefferson County. Emerg; July 3,
1990, Reg; March
15, 2012, Susp.
Brookville, Borough of, 420510 June 18, 1974, ......do.............. Do.
Jefferson County. Emerg; April 16,
1991, Reg; March
15, 2012, Susp.
Clover, Township of, 422442 May 18, 1976, ......do.............. Do.
Jefferson County. Emerg; July 3,
1990, Reg; March
15, 2012, Susp.
Eldred, Township of, 422443 May 21, 1979, ......do.............. Do.
Jefferson County. Emerg; January
17, 1985, Reg;
March 15, 2012,
Susp.
Falls Creek, Borough of, 420511 August 8, 1975, ......do.............. Do.
Jefferson County. Emerg; September
6, 1989, Reg;
March 15, 2012,
Susp.
Gaskill, Township of, 421727 February 3, 1976, ......do.............. Do.
Jefferson County. Emerg; June 18,
1990, Reg; March
15, 2012, Susp.
Heath, City of, Jefferson 421728 February 25, 1977, ......do.............. Do.
County. Emerg; April 1,
1986, Reg; March
15, 2012, Susp.
Henderson, Township of, 421729 September 16, ......do.............. Do.
Jefferson County. 1974, Emerg;
April 1, 1986,
Reg; March 15,
2012, Susp.
Knox, Township of, 421730 April 25, 1979, ......do.............. Do.
Jefferson County. Emerg; April 1,
1986, Reg; March
15, 2012, Susp.
McCalmont, City of, 421731 October 15, 1975, ......do.............. Do.
Jefferson County. Emerg; April 1,
1986, Reg; March
15, 2012, Susp.
Oliver, Township of, 421732 May 10, 1979, ......do.............. Do.
Jefferson County. Emerg; August 24,
1984, Reg; March
15, 2012, Susp.
Perry, Township of, 422444 January 12, 1977, ......do.............. Do.
Jefferson County. Emerg; April 1,
1986, Reg; March
15, 2012, Susp.
Pinecreek, Township of, 422445 May 4, 1979, ......do.............. Do.
Jefferson County. Emerg; February
1, 1985, Reg;
March 15, 2012,
Susp.
Polk, Township of, 421733 May 16, 1979, ......do.............. Do.
Jefferson County. Emerg; September
1, 1986, Reg;
March 15, 2012,
Susp.
Porter, Township of, 422446 April 25, 1979, ......do.............. Do.
Jefferson County. Emerg; August 24,
1984, Reg; March
15, 2012, Susp.
Punxsutawney, Borough of, 420512 October 24, 1973, ......do.............. Do.
Jefferson County. Emerg; February
15, 1979, Reg;
March 15, 2012,
Susp.
Reynoldsville, Borough of, 420513 February 22, 1974, ......do.............. Do.
Jefferson County. Emerg; April 17,
1978, Reg; March
15, 2012, Susp.
Ringgold, Township of, 422447 March 7, 1977, ......do.............. Do.
Jefferson County. Emerg; August 24,
1984, Reg; March
15, 2012, Susp.
Rose, Township of, 421734 May 9, 1979, ......do.............. Do.
Jefferson County. Emerg; September
24, 1984, Reg;
March 15, 2012,
Susp.
Snyder, Township of, 421735 September 15, ......do.............. Do.
Jefferson County. 1975, Emerg;
September 6,
1989, Reg; March
15, 2012, Susp.
Summerville, Township of, 420514 April 11, 1974, ......do.............. Do.
Jefferson County. Emerg; July 3,
1990, Reg; March
15, 2012, Susp.
Sykesville, Borough of, 420515 September 19, ......do.............. Do.
Jefferson County. 1974, Emerg;
August 19, 1986,
Reg; March 15,
2012, Susp.
Timblin, Borough of, 422448 May 4, 1977, ......do.............. Do.
Jefferson County. Emerg; September
24, 1984, Reg;
March 15, 2012,
Susp.
Union, Township of, 422449 April 30, 1979, ......do.............. Do.
Jefferson County. Emerg; January
17, 1985, Reg;
March 15, 2012,
Susp.
Warsaw, Township of, 422450 March 1, 1977, ......do.............. Do.
Jefferson County. Emerg; January
17, 1985, Reg;
March 15, 2012,
Susp.
Washington, Township of, 422451 September 30, ......do.............. Do.
Jefferson County. 1975, Emerg;
September 6,
1989, Reg; March
15, 2012, Susp.
Winslow, Township of, 421215 December 30, 1976, ......do.............. Do.
Jefferson County. Emerg; July 3,
1990, Reg; March
15, 2012, Susp.
Worthville, Borough of, 420516 September 10, ......do.............. Do.
Jefferson County. 1975, Emerg;
September 1,
1986, Reg; March
15, 2012, Susp.
Young, Township of, 421737 January 19, 1976, ......do.............. Do.
Jefferson County. Emerg; April 1,
1986, Reg; March
15, 2012, Susp.
Page 13012
Region IV
Mississippi:
Humphreys County, 280192 January 14, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; January
19, 1983, Reg;
March 15, 2012,
Susp.
Isola, Town of, Humphreys 280190 January 14, 1974, ......do.............. Do.
County. Emerg; July 3,
1978, Reg; March
15, 2012, Susp.
Louise, Town of, Humphreys 280208 March 12, 1974, ......do.............. Do.
County. Emerg; May 1,
1979, Reg; March
15, 2012, Susp.
Region V
Indiana:
Lafayette, City of, 180253 February 7, 1975, ......do.............. Do.
Tippecanoe County. Emerg; November
19, 1980, Reg;
March 15, 2012,
Susp.
Tippecanoe County, 180428 December 24, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; March 16,
1981, Reg; March
15, 2012, Susp.
Region VI
Arkansas: Independence County, 050090 July 3, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; January 6,
1988, Reg; March
15, 2012, Susp.
New Mexico:
Chama, Village of, Rio 350050 August 2, 1994, ......do.............. Do.
Arriba County. Emerg; August 5,
1997, Reg; March
15, 2012, Susp.
Espanola, City of, Rio 350052 April 4, 1975, ......do.............. Do.
Arriba County. Emerg; February
19, 1986, Reg;
March 15, 2012,
Susp.
Texas:
Burnet, City of, Burnet 480092 March 24, 1975, ......do.............. Do.
County. Emerg; September
18, 1987, Reg;
March 15, 2012,
Susp.
Cottonwood Shores, City 481614 September 24, ......do.............. Do.
of, Burnet County. 1990, Emerg;
November 16,
1990, Reg; March
15, 2012, Susp.
Granite Shoals, City of, 481149 September 22, ......do.............. Do.
Burnet County. 1976, Emerg;
November 16,
1990, Reg; March
15, 2012, Susp.
Meadowlakes, City of, 481613 April 13, 1989, ......do.............. Do.
Burnet County. Emerg; November
16, 1990, Reg;
March 15, 2012,
Susp.
Ector County, 480796 September 11, ......do.............. Do.
Unincorporated Areas. 1981, Emerg;
March 4, 1991,
Reg; March 15,
2012, Susp.
Region VII
Missouri:
Branson, City of, Taney 290436 December 10, 1971, ......do.............. Do.
County. Emerg; October
26, 1976, Reg;
March 15, 2012,
Susp.
Bull Creek, Village of, 290916 December 6, 1993, ......do.............. Do.
Taney County. Emerg; September
30, 1997, Reg;
March 15, 2012,
Susp.
Hollister, City of, Taney 290437 February 14, 1975, ......do.............. Do.
County. Emerg; March 18,
1985, Reg; March
15, 2012, Susp.
Rockaway Beach, City of, 290438 April 26, 1999, ......do.............. Do.
Taney County. Emerg; March 1,
2000, Reg; March
15, 2012, Susp.
Taney County, 290435 June 20, 2002, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
2004, Reg; March
15, 2012, Susp.
Region VIII
Utah:
Charleston, Town of, 490165 October 22, 1975, ......do.............. Do.
Wasatch County. Emerg; August 5,
1980, Reg; March
15, 2012, Susp.
Daniel, Town of, Wasatch 490033 N/A, Emerg; May ......do.............. Do.
County. 12, 2010, Reg;
March 15, 2012,
Susp.
Heber City, City of, 490166 March 25, 1975, ......do.............. Do.
Wasatch County. Emerg; March 18,
1987, Reg; March
15, 2012, Susp.
Wasatch County, 490164 April 4, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; October 1,
1986, Reg; March
15, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Page 13013
Dated: February 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2012-5218 Filed 3-2-12; 8:45 am
BILLING CODE 9110-12-P