77 FR 152 pgs. 46968-46972 - Suspension of Community Eligibility
Type: RULEVolume: 77Number: 152Pages: 46968 - 46972
Docket number: [Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8241]
FR document: [FR Doc. 2012-19224 Filed 8-6-12; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8241]
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. 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:
The effective date of each community's scheduled suspension is the third date ("Susp.") listed in the third column of the tables in this rule.
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]
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.
§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows:
| State and location | Community No. | Effective date authorization/cancellation of sale of flood insurance in community | Current Effective Map Date | Date certain Federal assistance no longer available in SFHAs |
|---|---|---|---|---|
| Region III | ||||
| Pennsylvania: | ||||
| Athens, Township of, Crawford County | 421562 | November 28, 1980, Emerg; July 2, 1982, Reg; August 16, 2012, Susp. | Aug. 16, 2012 | Aug. 16, 2012. |
| Beaver, Township of, Crawford County | 422385 | January 27, 1977, Emerg; September 10, 1982, Reg; August 16, 2012, Susp. | ......do* | Do. |
| Bloomfield, Township of, Crawford County | 421563 | July 7, 1975, Emerg; September 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Blooming Valley, Borough of, Crawford County | 421559 | October 3, 1975, Emerg; November 17, 1978, Reg; August 16, 2012, Susp. | ......do | Do. |
| Cambridge, Township of, Crawford County | 421564 | December 10, 1975, Emerg; September 10, 1984, Reg; August 16, 2012, Susp. | ......do | Do. |
| Cambridge Springs, Borough of, Crawford County | 420346 | July 2, 1974, Emerg; August 2, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Centerville, Borough of, Crawford County | 420347 | November 29, 1976, Emerg; May 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Cochranton, Borough of, Crawford County | 420348 | September 10, 1975, Emerg; June 4, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Conneaut, Township of, Crawford County | 422387 | November 28, 1980, Emerg; September 10, 1984, Reg; August 16, 2012, Susp. | ......do | Do. |
| Conneaut Lake, Borough of, Crawford County | 422386 | June 10, 1975, Emerg; August 10, 1979, Reg; August 16, 2012, Susp. | ......do | Do. |
| Conneautville, Borough of, Crawford County | 420349 | May 28, 1975, Emerg; September 18, 1987, Reg; August 16, 2012, Susp. | ......do | Do. |
| Cussewago, Township of, Crawford County | 422388 | April 9, 1976, Emerg; September 10, 1984, Reg; August 16, 2012, Susp. | ......do | Do. |
| East Fairfield, Township of, Crawford County | 421565 | May 20, 1975, Emerg; June 18, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| East Fallowfield, Township of, Crawford County | 422389 | October 25, 1977, Emerg; September 24, 1984, Reg; August 16, 2012, Susp. | ......do | Do. |
| East Mead, Township of, Crawford County | 421566 | August 5, 1975, Emerg; September 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Fairfield, Township of, Crawford County | 421567 | November 19, 1975, Emerg; August 2, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Greenwood, Township of, Crawford County | 422390 | February 21, 1980, Emerg; September 10, 1984, Reg; August 16, 2012, Susp. | ......do | Do. |
| Hayfield, Township of, Crawford County | 421227 | August 12, 1975, Emerg; August 2, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Hydetown, Borough of, Crawford County | 420350 | May 13, 1975, Emerg; April 17, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Linesville, Borough of, Crawford County | 421560 | April 15, 1976, Emerg; June 5, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Meadville, City of, Crawford County | 420351 | June 16, 1972, Emerg; June 1, 1977, Reg; August 16, 2012, Susp. | ......do | Do. |
| North Shenango, Township of, Crawford County | 423636 | December 4, 1975, Emerg; October 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Oil Creek, Township of, Crawford County | 421568 | June 27, 1974, Emerg; August 15, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Pine, Township of, Crawford County | 422392 | January 29, 1976, Emerg; June 19, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Randolph, Township of, Crawford County | 422393 | January 28, 1976, Emerg; July 18, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Richmond, Township of, Crawford County | 421569 | May 23, 1975, Emerg; September 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Rockdale, Township of, Crawford County | 422394 | November 19, 1975, Emerg; May 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Rome, Township of, Crawford County | 422395 | February 11, 1976, Emerg; January 7, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Sadsbury, Township of, Crawford County | 422396 | August 6, 1975, Emerg; August 19, 1991, Reg; August 16, 2012, Susp. | ......do | Do. |
| Saegertown, Borough of, Crawford County | 420352 | May 12, 1975, Emerg; June 18, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| South Shenango, Township of, Crawford County | 422397 | October 26, 1976, Emerg; July 3, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Sparta, Township of, Crawford County | 422398 | September 10, 1975, Emerg; January 28, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Spartansburg, Borough of, Crawford County | 421561 | September 15, 1975, Emerg; November 23, 1979, Reg; August 16, 2012, Susp. | ......do | Do. |
| Spring, Township of, Crawford County | 421570 | March 1, 1977, Emerg; September 1, 1986, Reg; August 16, 2012, Susp. | ......do | Do. |
| Springboro, Borough of, Crawford County | 420353 | May 23, 1975, Emerg; September 30, 1987, Reg; August 16, 2012, Susp. | ......do | Do. |
| Steuben, Township of, Crawford County | 421571 | April 7, 1975, Emerg; July 16, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Summerhill, Township of, Crawford County | 422399 | July 16, 1980, Emerg; June 25, 1982, Reg; August 16, 2012, Susp. | ......do | Do. |
| Summit, Township of, Crawford County | 422400 | June 27, 1975, Emerg; May 19, 1987, Reg; August 16, 2012, Susp. | ......do | Do. |
| Titusville, City of, Crawford County | 420354 | July 23, 1973, Emerg; February 15, 1978, Reg; August 16, 2012, Susp. | ......do | Do. |
| Townville, Borough of, Crawford County | 422401 | March 9, 1976, Emerg; February 15, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Troy, Township of, Crawford County | 421572 | April 17, 1975, Emerg; June 18, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Union, Township of, Crawford County | 421573 | March 8, 1977, Emerg; February 15, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Venango, Borough of, Crawford County | 420355 | March 9, 1977, Emerg; June 18, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Venango, Township of, Crawford County | 421574 | January 12, 1977, Emerg; February 1, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Vernon, Township of, Crawford County | 421575 | July 24, 1975, Emerg; July 16, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Wayne, Township of, Crawford County | 421576 | August 21, 1975, Emerg; July 16, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| West Fallowfield, Township of, Crawford County | 422651 | May 23, 1977, Emerg; July 3, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| West Mead, Township of, Crawford County | 420356 | April 14, 1972, Emerg; June 15, 1977, Reg; August 16, 2012, Susp. | ......do | Do. |
| West Shenango, Township of, Crawford County | 422402 | April 25, 1979, Emerg; February 1, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Woodcock, Borough of, Crawford County | 422403 | June 14, 1979, Emerg; January 17, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Woodcock, Township of, Crawford County | 421578 | July 9, 1975, Emerg; June 18, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Region IV | ||||
| Kentucky: | ||||
| Livingston County, Unincorporated Areas | 210146 | August 25, 1997, Emerg; March 6, 2001, Reg; August 16, 2012, Susp. | ......do | Do. |
| Smithland, City of, Livingston County | 210147 | November 3, 1975, Emerg; September 16, 1988, Reg; August 16, 2012, Susp. | ......do | Do. |
| Lyon County, Unincorporated Areas | 210314 | January 24, 2012, Emerg; N/A, Reg; August 16, 2012, Susp. | ......do | Do. |
| South Carolina: | ||||
| Clinton, City of, Laurens County | 450123 | April 4, 1974, Emerg; June 17, 1977, Reg; August 16, 2012, Susp. | ......do | Do. |
| Laurens, City of, Laurens County | 450125 | December 26, 1973, Emerg; November 2, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Laurens County, Unincorporated Areas | 450122 | December 21, 1978, Emerg; December 15, 1990, Reg; August 16, 2012, Susp. | ......do | Do. |
| Region V | ||||
| Indiana: | ||||
| Fulton County, Unincorporated Areas | 180070 | September 22, 1976, Emerg; July 3, 1985, Reg; August 16, 2012, Susp. | ......do | Do. |
| Rochester, City of, Fulton County | 180071 | February 10, 1977, Emerg; April 30, 1984, Reg; August 16, 2012, Susp. | ......do | Do. |
| Michigan: | ||||
| Beaugrand, Township of, Cheboygan County | 260646 | November 10, 1975, Emerg; May 1, 1992, Reg; August 16, 2012, Susp. | ......do | Do. |
| Cheboygan, City of, Cheboygan County | 260058 | June 5, 1975, Emerg; March 16, 1988, Reg; August 16, 2012, Susp. | ......do | Do. |
| Grant, Township of, Cheboygan County | 260610 | June 2, 1977, Emerg; January 18, 1989, Reg; August 16, 2012, Susp. | ......do | Do. |
| Region VI | ||||
| New Mexico: | ||||
| Albuquerque, City of, Bernalillo County | 350002 | September 9, 1974, Emerg; October 14, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Bernalillo County, Unincorporated Areas | 350001 | August 26, 1974, Emerg; September 15, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Edgewood, Town of, Bernalillo County | 350018 | N/A, Emerg; September 2, 2011, Reg; August 16, 2012, Susp. | ......do | Do. |
| Los Ranchos de Albuquerque, Village of, Bernalillo County | 350123 | June 26, 1978, Emerg; January 3, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Rio Rancho, City of, Bernalillo County | 350146 | November 14, 1990, Emerg; April 15, 1992, Reg; August 16, 2012, Susp. | ......do | Do. |
| Oklahoma: | ||||
| Arkoma, Town of, Le Flore County | 400343 | February 3, 1977, Emerg; April 19, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Bokoshe, Town of, Le Flore County | 400350 | August 17, 1976, Emerg; April 17, 1979, Reg; August 16, 2012, Susp. | ......do | Do. |
| Cameron, Town of, Le Flore County | 400271 | February 8, 1977, Emerg; April 19, 1983, Reg; August 16, 2012, Susp. | ......do | Do. |
| Heavener, City of, Le Flore County | 400090 | May 28, 1975, Emerg; March 16, 1982, Reg; August 16, 2012, Susp. | ......do | Do. |
| Howe, Town of, Le Flore County | 400091 | October 21, 1976, Emerg; April 15, 1982, Reg; August 16, 2012, Susp. | ......do | Do. |
| Le Flore County, Unincorporated Areas | 400484 | September 6, 2002, Emerg; June 1, 2003, Reg; August 16, 2012, Susp. | ......do | Do. |
| Panama, Town of, Le Flore County | 400092 | October 26, 1976, Emerg; September 1, 1981, Reg; August 16, 2012, Susp. | ......do | Do. |
| Pocola, Town of, Le Flore County | 400432 | March 7, 1978, Emerg; July 4, 1989, Reg; August 16, 2012, Susp. | ......do | Do. |
| Poteau, City of, Le Flore County | 400093 | November 24, 1975, Emerg; January 20, 1982, Reg; August 16, 2012, Susp. | ......do | Do. |
| Spiro, Town of, Le Flore County | 400413 | April 21, 1978, Emerg; April 20, 1982, Reg; August 16, 2012, Susp. | ......do | Do. |
| Talihina, Town of, Le Flore County | 400094 | April 16, 1975, Emerg; September 1, 1981, Reg; August 16, 2012, Susp. | ......do | Do. |
| Wister, Town of, Le Flore County | 400095 | August 6, 1971, Emerg; April 14, 1976, Reg; August 16, 2012, Susp. | ......do | Do. |
| Texas: | ||||
| Decordova, City of, Hood County | 480469 | November 18, 2010, Emerg; N/A, Reg; August 16, 2012, Susp. | ......do | Do. |
| Granbury, City of, Hood County | 480357 | May 16, 1979, Emerg; January 15, 1988, Reg; August 16, 2012, Susp. | ......do | Do. |
| Hood County, Unincorporated Areas | 480356 | May 11, 1979, Emerg; October 18, 1988, Reg; August 16, 2012,Susp. | ......do | Do. |
| Lipan, City of, Hood County | 481075 | December 4, 2008, Emerg; October 1, 2009, Reg; August 16, 2012, Susp. | ......do | Do. |
| Tolar, Town of, Hood County | 480868 | February 15, 2000, Emerg; N/A, Reg; August 16, 2012, Susp. | ......do | Do. |
| *......do =Ditto. | ||||
| Code for reading third column: Emerg.-Emergency;Reg.-Regular; Susp.-Suspension. | ||||
Dated: July 24, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2012-19224 Filed 8-6-12; 8:45 am]
BILLING CODE 9110-12-P