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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-8251]

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) ofExecutive 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 Maryland: Annapolis, City of, Anne Arundel County 240009 December 7, 1973, Emerg; November 4, 1981, Reg; October 16, 2012, Susp October 16, 2012 October 16, 2012. Anne Arundel County, Unincorporated Areas 240008 March 3, 1972, Emerg; May 2, 1983, Reg; October 16, 2012, Susp *......do Do. Highland Beach, Town of, Anne Arundel County 240161 July 31, 1975, Emerg; November 4, 1981, Reg; October 16, 2012, Susp ......do Do. Pennsylvania: Alexandria, Borough of, Huntingdon County 420481 June 1, 1973, Emerg; February 1, 1980, Reg; October 16, 2012, Susp ......do Do. Barree, Township of, Huntingdon County 421683 June 11, 1979, Emerg; September 10, 1984, Reg; October 16, 2012, Susp ......do Do. Brady, Township of, Huntingdon County 421684 November 25, 1975, Emerg; February 17, 1989, Reg; October 16, 2012, Susp ......do Do. Carbon, Township of, Huntingdon County 421685 December 12, 1977, Emerg; June 19, 1989, Reg; October 16, 2012, Susp ......do Do. Cass, Township of, Huntingdon County 421686 January 21, 1977, Emerg; November 1, 1985, Reg; October 16, 2012, Susp ......do Do. Clay, Township of, Huntingdon County 421687 April 25, 1977, Emerg; August 16, 1988, Reg; October 16, 2012, Susp ......do Do. Coalmont, Borough of, Huntingdon County 420484 April 26, 1977, Emerg; August 3, 1989, Reg; October 16, 2012, Susp ......do Do. Cromwell, Township of, Huntingdon County 421688 April 20, 1976, Emerg; December 4, 1985, Reg; October 16, 2012, Susp ......do Do. Dublin, Township of, Huntingdon County 421689 January 20, 1978, Emerg; December 4, 1985, Reg; October 16, 2012, Susp ......do Do. Dudley, Borough of, Huntingdon County 421681 August 9, 1982, Emerg; September 24, 1984, Reg; October 16, 2012, Susp ......do Do. Franklin, Township of, Huntingdon County 422573 March 23, 1977, Emerg; February 17, 1989, Reg; October 16, 2012, Susp ......do Do. Henderson, Township of, Huntingdon County 420960 January 21, 1974, Emerg; August 3, 1989, Reg; October 16, 2012, Susp ......do Do. Hopewell, Township of, Huntingdon County 421690 April 25, 1979, Emerg; August 15, 1989, Reg; October 16, 2012, Susp ......do Do. Huntingdon, Borough of, Huntingdon County 420486 April 16, 1973, Emerg; September 29, 1978, Reg; October 16, 2012, Susp ......do Do. Jackson, Township of, Huntingdon County 421691 December 21, 1978, Emerg; August 3, 1989, Reg; October 16, 2012, Susp ......do Do. Juniata, Township of, Huntingdon County 421692 February 4, 1976, Emerg; February 17, 1989, Reg; October 16, 2012, Susp ......do Do. Logan, Township of, Huntingdon County 421694 March 20, 1978, Emerg; August 3, 1989, Reg; October 16, 2012, Susp ......do Do. Mapleton, Borough of, Huntingdon County 420487 April 19, 1973, Emerg; July 5, 1977, Reg; October 16, 2012, Susp ......do Do. Mill Creek, Borough of, Huntingdon County 420488 August 22, 1975, Emerg; March 2, 1989, Reg; October 16, 2012, Susp ......do Do. Miller, Township of, Huntingdon County 421695 February 17, 1977, Emerg; March 2, 1989, Reg; October 16, 2012, Susp ......do Do. Morris, Township of, Huntingdon County 421696 August 9, 1982, Emerg; December 4, 1985, Reg; October 16, 2012, Susp ......do Do. Mount Union, Borough of, Huntingdon County 420489 November 10, 1972, Emerg; July 18, 1977, Reg; October 16, 2012, Susp ......do Do. Oneida, Township of, Huntingdon County 421697 March 14, 1975, Emerg; March 2, 1989, Reg; October 16, 2012, Susp ......do Do. Orbisonia, Borough of, Huntingdon County 421682 October 15, 1975, Emerg; December 31, 1982, Reg; October 16, 2012, Susp ......do Do. Penn, Township of, Huntingdon County 421698 February 17, 1976, Emerg; November 15, 1985, Reg; October 16, 2012, Susp ......do Do. Petersburg, Borough of, Huntingdon County 420490 August 3, 1976, Emerg; August 15, 1989, Reg; October 16, 2012, Susp ......do Do. Porter, Township of, Huntingdon County 421699 August 22, 1975, Emerg; March 16, 1981, Reg; October 16, 2012, Susp ......do Do. Rockhill, Borough of, Huntingdon County 422575 November 14, 1975, Emerg; July 3, 1990, Reg; October 16, 2012, Susp ......do Do. Saltillo, Borough of, Huntingdon County 420492 April 26, 1977, Emerg; October 15, 1985, Reg; October 16, 2012, Susp ......do Do. Shirley, Township of, Huntingdon County 421700 February 4, 1976, Emerg; August 15, 1989, Reg; October 16, 2012, Susp ......do Do. Shirleysburg, Borough of, Huntingdon County 420493 June 1, 1976, Emerg; April 15, 1986, Reg; October 16, 2012, Susp ......do Do. Smithfield, Township of, Huntingdon County 420494 March 9, 1973, Emerg; March 15, 1977, Reg; October 16, 2012, Susp ......do Do. Springfield, Township of, Huntingdon County 421701 October 14, 1975, Emerg; December 4, 1985, Reg; October 16, 2012, Susp ......do Do. Spruce Creek, Township of, Huntingdon County 422621 February 18, 1975, Emerg; March 2, 1989, Reg; October 16, 2012, Susp ......do Do. Tell, Township of, Huntingdon County 421702 October 15, 1975, Emerg; June 11, 1982, Reg; October 16, 2012, Susp ......do Do. Three Springs, Borough of, Huntingdon County 422576 March 17, 1977, Emerg; October 1, 1982, Reg; October 16, 2012, Susp ......do Do. Todd, Township of, Huntingdon County 421703 September 15, 1975, Emerg; August 15, 1989, Reg; October 16, 2012, Susp ......do Do. Union, Township of, Huntingdon County 421704 July 21, 1982, Emerg; March 2, 1989, Reg; October 16, 2012, Susp ......do Do. Walker, Township of, Huntingdon County 422577 April 8, 1977, Emerg; September 10, 1984, Reg; October 16, 2012, Susp ......do Do. Warriors Mark, Township of, Huntingdon County 421705 November 22, 1977, Emerg; March 2, 1989, Reg; October 16, 2012, Susp ......do Do. West, Township of, Huntingdon County 421706 February 17, 1976, Emerg; December 4, 1985, Reg; October 16, 2012, Susp ......do Do. Wood, Township of, Huntingdon County 421707 June 20, 1975, Emerg; November 1, 1985, Reg; October 16, 2012, Susp ......do Do. West Virginia: Falling Springs, Corporation of (Town of Renick), Greenbrier County 540243 October 6, 1975, Emerg; September 24, 1984, Reg; October 16, 2012, Susp ......do Do. Greenbrier County, Unincorporated Areas 540040 June 24, 1975, Emerg; January 15, 1988, Reg; October 16, 2012, Susp ......do Do. Rainelle, Town of, Greenbrier County 540228 September 3, 1975, Emerg; November 19, 1987, Reg; October 16, 2012, Susp ......do Do. Ronceverte, City of, Greenbrier County 540043 March 10, 1975, Emerg; May 17, 1990, Reg; October 16, 2012, Susp ......do Do. Rupert, Town of, Greenbrier County 540044 January 24, 1975, Emerg; August 24, 1984, Reg; October 16, 2012, Susp ......do Do. White Sulphur Springs, City of, Greenbrier County 540045 November 20, 1974, Emerg; August 1, 1978, Reg; October 16, 2012, Susp ......do Do. Region IV Alabama: Chatom, Town of, Washington County 010376 November 1, 1999, Emerg; September 29, 2006, Reg; October 16, 2012, Susp ......do Do. Millry, Town of, Washington County 010207 May 18, 2005, Emerg; September 29, 2006, Reg; October 16, 2012, Susp ......do Do. Washington County, Unincorporated Areas 010302 January 12, 1976, Emerg; August 1, 1987, Reg; October 16, 2012, Susp ......do Do. Region V Indiana: Mecca, Town of, Parke County 180330 December 21, 1978, Emerg; April 1, 1988, Reg; October 16, 2012, Susp ......do Do.
    Montezuma, Town of, Parke County 180194 June 19, 1975, Emerg; April 1, 1988, Reg; October 16, 2012, Susp ......do Do. Parke County, Unincorporated Areas 180192 September 30, 1988, Emerg; N/A, Reg; October 16, 2012, Susp ......do Do. Michigan: Cedarville, Township of, Menominee County 260659 N/A, Emerg; June 24, 1993, Reg; October 16, 2012, Susp ......do Do. Gourley, Township of, Menominee County 260455 October 23, 1995, Emerg; November 5, 2009, Reg; October 16, 2012, Susp ......do Do. Holmes, Township of, Menominee County 260457 July 28, 1995, Emerg; November 5, 2009, Reg; October 16, 2012, Susp ......do Do. Ingallston, Township of, Menominee County 260660 N/A, Emerg; September 28, 1979, Reg; October 16, 2012, Susp ......do Do. Mellen, Township of, Menominee County 260692 June 9, 1993, Emerg; November 5, 2009, Reg; October 16, 2012, Susp ......do Do. Menominee, City of, Menominee County 260138 May 1, 1973, Emerg; August 1, 1978, Reg; October 16, 2012, Susp ......do Do. Menominee, Township of, Menominee County 260702 N/A, Emerg; January 7, 1992, Reg; October 16, 2012, Susp ......do Do. Meyer, Township of, Menominee County 260458 September 22, 1995, Emerg; August 19, 1997, Reg; October 16, 2012, Susp ......do Do. Spalding, Township of, Menominee County 260461 July 28, 1995, Emerg; November 5, 2009, Reg; October 16, 2012, Susp ......do Do. Stephenson, City of, Menominee County 260139 August 7, 1973, Emerg; May 16, 1977, Reg; October 16, 2012, Susp ......do Do. Wisconsin: Elroy, City of, Juneau County 550201 June 26, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp ......do Do. Juneau County, Unincorporated Areas 550580 July 3, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp ......do Do. Mauston, City of, Juneau County 550204 July 24, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp ......do Do. Necedah, Village of, Juneau County 550205 N/A, Emerg; January 27, 1992, Reg; October 16, 2012, Susp ......do Do. New Lisbon, City of, Juneau County 550206 July 8, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp ......do Do. Wonewoc, Village of, Juneau County 550208 July 18, 1975, Emerg; September 30, 1988, Reg; October 16, 2012, Susp ......do Do. Region VI Oklahoma: Glenpool, City of, Tulsa County 400208 February 6, 1975, Emerg; March 2, 1981, Reg; October 16, 2012, Susp ......do Do. Jenks, City of, Tulsa County 400209 November 1, 1974, Emerg; February 17, 1982, Reg; October 16, 2012, Susp ......do Do. Sand Springs, City of, Tulsa County 400211 August 5, 1974, Emerg; June 15, 1981, Reg; October 16, 2012, Susp ......do Do. Skiatook, Town of, Tulsa County 400212 July 2, 1974, Emerg; July 16, 1980, Reg; October 16, 2012, Susp ......do Do. Sperry, Town of, Tulsa County 400213 June 17, 1975, Emerg; July 16, 1981, Reg; October 16, 2012, Susp ......do Do. Tulsa County, Unincorporated Areas 400462 April 21, 1975, Emerg; September 16, 1982, Reg; October 16, 2012, Susp ......do Do. Region VIII Colorado: Grand Junction, City of, Mesa County 080117 October 13, 1978, Emerg; January 6, 1983, Reg; October 16, 2012, Susp ......do Do. Mesa County, Unincorporated Areas 080115 July 26, 1973, Emerg; July 3, 1978, Reg; October 16, 2012, Susp ......do Do. Region IX California: Daly City, City of, San Mateo County 060317 August 4, 1975, Emerg; July 31, 1979, Reg; October 16, 2012, Susp ......do Do. Region X Washington: Bucoda, Town of, Thurston County 530189 February 10, 1975, Emerg; September 2, 1981, Reg; October 16, 2012, Susp ......do Do. Lacey, City of, Thurston County 530190 May 7, 1975, Emerg; July 16, 1980, Reg; October 16, 2012, Susp ......do Do. Olympia, City of, Thurston County 530191 October 3, 1974, Emerg; February 17, 1982, Reg; October 16, 2012, Susp ......do Do. Rainier, City of, Thurston County 530260 N/A, Emerg; March 29, 1999, Reg; October 16, 2012, Susp ......do Do. Tenino, City of, Thurston County 530302 February 18, 1975, Emerg; June 4, 1980, Reg; October 16, 2012, Susp ......do Do. Thurston County, Unincorporated Areas 530188 September 13, 1974, Emerg; December 1, 1982, Reg; October 16, 2012, Susp ......do Do. Tumwater, City of, Thurston County 530192 December 18, 1974, Emerg; August 1, 1980, Reg; October 16, 2012, Susp ......do Do. Yelm, City of, Thurston County 530310 May 21, 1990, Emerg; June 19, 1999, Reg; October 16, 2012, Susp ......do Do. * do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: October 9, 2012. Edward L. Connor, Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.