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Daily Rules, Proposed Rules, and Notices of the Federal Government

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8245]

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 theFederal Registeron 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 athttp://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 suspension of such communities will be published in theFederal 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. 3501et 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. 4001et 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: Addison, Township of, Somerset County 422508 January 18, 1985, Emerg; June 1, 1989, Reg; September 19, 2012, Susp Sept. 19, 2012. Sept. 19, 2012. Allegheny, Township of, Somerset County 422509 August 4, 1983, Emerg; June 1, 1989, Reg; September 19, 2012, Susp ...... do* Do. Benson, Borough of, Somerset County. 420793 October 14, 1975, Emerg; May 17, 1990, Reg; September 19, 2012, Susp ...... do Do. Black, Township of, Somerset County 422510 March 2, 1977, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Boswell, Borough of, Somerset County 420794 March 22, 1977, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Brothersvalley, Township of, Somerset County 422511 July 25, 1985, Emerg; August 19, 1985, Reg; September 19, 2012, Susp ...... do Do. Casselman, Borough of, Somerset County 420795 March 9, 1977, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Central City, Borough of, Somerset County 420796 August 29, 1975, Emerg; June 18, 1990, Reg; September 19, 2012, Susp ...... do Do. Conemaugh, Township of, Somerset County 422047 August 1, 1975, Emerg; June 4, 1990, Reg; September 19, 2012, Susp ...... do Do. Confluence, Borough of, Somerset County 422043 March 11, 1975, Emerg; September 6, 1989, Reg; September 19, 2012, Susp ...... do Do. Elk Lick, Township of, Somerset County 422048 March 8, 1977, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Fairhope, Township of, Somerset County 422049 August 5, 1983, Emerg; August 19, 1985, Reg; September 19, 2012, Susp ...... do Do. Garrett, Borough of, Somerset County 420797 July 31, 1975, Emerg; June 4, 1990, Reg; September 19, 2012, Susp ...... do Do. Greenville, Township of, Somerset County 422512 October 27, 1981, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Hooversville, Borough of, Somerset County 420798 August 5, 1975, Emerg; June 18, 1990, Reg; September 19, 2012, Susp ...... do Do. Indian Lake, Borough of, Somerset County 422513 October 12, 1976, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Jefferson, Township of, Somerset County 422050 March 26, 1976, Emerg; August 19, 1985, Reg; September 19, 2012, Susp ...... do Do. Jenner, Township of, Somerset County 422051 February 18, 1976, Emerg; September 4, 1985, Reg; September 19, 2012, Susp ...... do Do. Jennerstown, Borough of, Somerset County 422514 March 1, 1977, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Larimer, Township of, Somerset County 422515 September 8, 1983, Emerg; April 1, 1988, Reg; September 19, 2012, Susp ...... do Do. Lincoln, Township of, Somerset County 422516 March 7, 1977, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Lower Turkeyfoot, Township of, Somerset County 422517 May 4, 1977, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Meyersdale, Borough of, Somerset County 422044 March 21, 1977, Emerg; June 17, 1986, Reg; September 19, 2012, Susp ...... do Do. Middlecreek, Township of, Somerset County 422518 April 25, 1979, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Milford, Township of, Somerset County 422519 May 21, 1979, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. New Baltimore, Borough of, Somerset County 420799 April 8, 1981, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Northampton, Township of, Somerset County 422520 February 10, 1976, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Ogle, Township of, Somerset County 422052 April 23, 1976, Emerg; May 17, 1990, Reg; September 19, 2012, Susp ...... do Do. Paint, Borough of, Somerset County 420800 August 27, 1975, Emerg; November 19, 1986, Reg; September 19, 2012, Susp ...... do Do. Paint, Township of, Somerset County 422521 February 13, 1976, Emerg; June 4, 1990, Reg; September 19, 2012, Susp ...... do Do. Quemahoning, Township of, Somerset County 422053 April 19, 1976, Emerg; August 15, 1989, Reg; September 19, 2012, Susp ...... do Do. Rockwood, Borough of, Somerset County 422045 February 17, 1977, Emerg; June 18, 1990, Reg; September 19, 2012, Susp ...... do Do. Salisbury, Borough of, Somerset County 420801 April 22, 1975, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Shade, Township of, Somerset County 422054 August 21, 1975, Emerg; February 6, 1991, Reg; September 19, 2012, Susp ...... do Do. Shanksville, Borough of, Somerset County 420802 March 2, 1977, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Somerset, Borough of, Somerset County 420803 September 10, 1971, Emerg; November 27, 1976, Reg; September 19, 2012, Susp ...... do Do. Somerset, Township of, Somerset County 422055 July 19, 1976, Emerg; May 17, 1990, Reg; September 19, 2012, Susp ...... do Do. Southampton, Township of, Somerset County 422523 March 1, 1977, Emerg; September 24, 1984, Reg; September 19, 2012, Susp ...... do Do. Stonycreek, Township of, Somerset County 422524 April 21, 1976, Emerg; August 19, 1985, Reg; September 19, 2012, Susp ...... do Do. Summit, Township of, Somerset County 422056 October 27, 1981, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do. Upper Turkeyfoot, Township of, Somerset County 422525 April 25, 1979, Emerg; September 10, 1984, Reg; September 19, 2012, Susp ...... do Do.
Ursina, Borough of, Somerset County 420804 August 21, 1975, Emerg; June 18, 1990, Reg; September 19, 2012, Susp ...... do Do. Wellersburg, Borough of, Somerset County 422526 April 19, 1984, Emerg; June 1, 1989, Reg; September 19, 2012, Susp ...... do Do. Windber, Borough of, Somerset County 422046 April 29, 1975, Emerg; October 17, 1986, Reg; September 19, 2012, Susp ...... do Do. Region IV Kentucky: Burkesville, City of, Cumberland County 210061 October 2, 1975, Emerg; July 3, 1986, Reg; September 19, 2012, Susp ...... do Do. Grayson County, Unincorporated Areas 210330 N/A, Emerg; September 15, 2001, Reg; September 19, 2012, Susp ...... do Do. Leitchfield, City of, Grayson County 210085 February 4, 2002, Emerg; N/A, Reg; September 19, 2012, Susp ...... do Do. Mississippi: George County, Unincorporated Areas 280223 May 2, 1975, Emerg; August 16, 1988, Reg; September 19, 2012, Susp ...... do Do. Lucedale, City of, George County 280056 April 24, 1975, Emerg; April 15, 1986, Reg; September 19, 2012, Susp ...... do Do. Region V Ohio: Malta, Village of, Morgan County 390421 April 22, 1975, Emerg; September 1, 1987, Reg; September 19, 2012, Susp ...... do Do. McConnelsville, Village of, Morgan County 390422 August 1, 1975, Emerg; July 1, 1987, Reg; September 19, 2012, Susp ...... do Do. Stockport, Village of, Morgan County 390423 May 30, 1975, Emerg; August 1, 1987, Reg; September 19, 2012, Susp ...... do Do. Region VII Missouri: Argyle, Village of, Osage County 290491 May 13, 1974, Emerg; August 1, 1986, Reg; September 19, 2012, Susp ...... do Do. Linn, City of, Osage County 290708 N/A, Emerg; April 28, 2006, Reg; September 19, 2012, Susp ...... do Do. Region VIII Montana: East Helena, City of, Lewis and Clark County 300039 May 23, 1975, Emerg; June 4, 1980, Reg; September 19, 2012, Susp ...... do Do. Helena, City of, Lewis and Clark County 300040 May 6, 1975, Emerg; April 15, 1981, Reg; September 19, 2012, Susp ...... do Do. Lewis and Clark County, Unincorporated Areas 300038 August 26, 1975, Emerg; April 1, 1981, Reg; September 19, 2012, Susp ...... do Do. *...... do = Ditto. Code for reading third column: Emerg.—Emergency;Reg.—Regular; Susp.—Suspension. Dated: September 10, 2012. David L. Miller, Associate Administrator,Federal Insurance and Mitigation Administration,Department of Homeland Security,Federal Emergency Management Agency.