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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-8253]

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 thesuspension 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: Ashley, Borough of, Luzerne County 420596 December 13, 1974, Emerg; September 30, 1980, Reg; November 2, 2012, Susp. Nov. 2, 2012 Nov. 2, 2012 Avoca, Borough of, Luzerne County 420597 March 7, 1975, Emerg; July 16, 1981, Reg; November 2, 2012, Susp. do* Do. Bear Creek, Township of, Luzerne County 421136 March 12, 1974, Emerg; September 29, 1978, Reg; November 2, 2012, Susp. do Do. Bear Creek Village, Borough of, Luzerne County 422756 N/A, Emerg; July 26, 2002, Reg; November 2, 2012, Susp. do Do. Black Creek, Township of, Luzerne County 420598 March 9, 1973, Emerg; September 3, 1980, Reg; November 2, 2012, Susp. do Do. Buck, Township of, Luzerne County 421824 February 17, 1976, Emerg; April 15, 1981, Reg; November 2, 2012, Susp. do Do. Butler, Township of, Luzerne County 420599 August 16, 1973, Emerg; December 16, 1980, Reg; November 2, 2012, Susp. do Do. Conyngham, Borough of, Luzerne County 420992 August 24, 1973, Emerg; July 16, 1980, Reg; November 2, 2012, Susp. do Do. Conyngham, Township of, Luzerne County 420600 February 9, 1973, Emerg; February 16, 1977, Reg; November 2, 2012, Susp. do Do. Courtdale, Borough of, Luzerne County 420601 May 1, 1973, Emerg; June 1, 1979, Reg; November 2, 2012, Susp. do Do. Dallas, Borough of, Luzerne County 421825 April 15, 1974, Emerg; January 2, 1981, Reg; November 2, 2012, Susp. do Do. Dallas, Township of, Luzerne County 420602 September 5, 1973, Emerg; April 1, 1988, Reg; November 2, 2012, Susp. do Do. Dupont, Borough of, Luzerne County 422250 July 29, 1974, Emerg; June 15, 1981, Reg; November 2, 2012, Susp. do Do. Duryea, Borough of, Luzerne County 420603 January 12, 1973, Emerg; June 18, 1980, Reg; November 2, 2012, Susp. do Do. Edwardsville, Borough of, Luzerne County 420604 December 1, 1972, Emerg; April 15, 1977, Reg; November 2, 2012, Susp. do Do. Exeter, Township of, Luzerne County 420606 January 19, 1973, Emerg; September 15, 1983, Reg; November 2, 2012, Susp. do Do. Fairmount, Township of, Luzerne County 421827 February 9, 1976, Emerg; April 1, 1981, Reg; November 2, 2012, Susp. do Do. Fairview, Township of, Luzerne County 420993 January 23, 1974, Emerg; June 1, 1979, Reg; November 2, 2012, Susp. do Do. Forty Fort, Borough of, Luzerne County 420607 November 3, 1972, Emerg; April 1, 1977, Reg; November 2, 2012, Susp. do Do. Hanover, Township of, Luzerne County 420608 October 20, 1972, Emerg; May 16, 1977, Reg; November 2, 2012, Susp. do Do. Hollenback, Township of, Luzerne County 421831 September 30, 1975, Emerg; September 17, 1980, Reg; November 2, 2012, Susp. do Do. Hunlock, Township of, Luzerne County 420994 November 5, 1973, Emerg; April 1, 1980, Reg; November 2, 2012, Susp. do Do. Huntington, Township of, Luzerne County 421832 July 2, 1974, Emerg; April 15, 1981, Reg; November 2, 2012, Susp. do Do. Jackson, Township of, Luzerne County 420610 March 16, 1973, Emerg; September 17, 1980, Reg; November 2, 2012, Susp. do Do. Jenkins, Township of, Luzerne County 420611 February 2, 1973, Emerg; May 16, 1977, Reg; November 2, 2012, Susp. do Do. Kingston, Borough of, Luzerne County 420612 October 6, 1972, Emerg; June 1, 1977, Reg; November 2, 2012, Susp. do Do. Kingston, Township of, Luzerne County 420613 December 22, 1972, Emerg; January 2, 1981, Reg; November 2, 2012, Susp. do Do. Laflin, Borough of, Luzerne County 420995 October 4, 1973, Emerg; December 2, 1980, Reg; November 2, 2012, Susp. do Do. Lake, Township of, Luzerne County 421833 October 24, 1975, Emerg; September 3, 1980, Reg; November 2, 2012, Susp. do Do. Larksville, Borough of, Luzerne County 420614 March 23, 1973, Emerg; April 1, 1977, Reg; November 2, 2012, Susp. do Do. Lehman, Township of, Luzerne County 420615 July 10, 1973, Emerg; December 2, 1980, Reg; November 2, 2012, Susp. do Do. Luzerne, Borough of, Luzerne County 420616 March 2, 1973, Emerg; April 15, 1977, Reg; November 2, 2012, Susp. do Do. Nanticoke, City of, Luzerne County 420617 April 4, 1973, Emerg; April 15, 1977, Reg; November 2, 2012, Susp. do Do. Nescopeck, Borough of, Luzerne County 420618 April 16, 1973, Emerg; February 1, 1980, Reg; November 2, 2012, Susp. do Do. Nescopeck, Township of, Luzerne County 420619 March 2, 1973, Emerg; August 1, 1980, Reg; November 2, 2012, Susp. do Do. New Columbus, Borough of, Luzerne County 421819 July 9, 1975, Emerg; March 16, 1981, Reg; November 2, 2012, Susp. do Do. Newport, Township of, Luzerne County 421822 December 17, 1975, Emerg; December 2, 1980, Reg; November 2, 2012, Susp. do Do. Nuangola, Borough of, Luzerne County 422272 October 15, 1975, Emerg; September 28, 1979, Reg; November 2, 2012, Susp. do Do. Penn Lake Park, Borough of, Luzerne County 422645 July 12, 1976, Emerg; December 5, 1980, Reg; November 2, 2012, Susp. do Do. Pittston, City of, Luzerne County 420620 April 17, 1973, Emerg; May 2, 1977, Reg; November 2, 2012, Susp. do Do. Plymouth, Borough of, Luzerne County 420622 October 27, 1972, Emerg; April 1, 1977, Reg; November 2, 2012, Susp. do Do. Plymouth, Township of, Luzerne County 420623 February 2, 1973, Emerg; April 15, 1977, Reg; November 2, 2012, Susp. do Do. Pringle, Borough of, Luzerne County 420624 January 19, 1973, Emerg; May 2, 1977, Reg; November 2, 2012, Susp. do Do. Rice, Township of, Luzerne County 420996 December 6, 1973, Emerg; January 2, 1981, Reg; November 2, 2012, Susp. do Do. Ross, Township of, Luzerne County 421835 February 9, 1976, Emerg; April 15, 1981, Reg; November 2, 2012, Susp. do Do. Salem, Township of, Luzerne County 420625 May 23, 1973, Emerg; March 18, 1980, Reg; November 2, 2012, Susp. do Do. Shickshinny, Borough of, Luzerne County 420626 December 15, 1972, Emerg; December 31, 1976, Reg; November 2, 2012, Susp. do Do. Union, Township of, Luzerne County 421836 February 18, 1976, Emerg; September 30, 1980, Reg; November 2, 2012, Susp. do Do.
    West Hazleton, Borough of, Luzerne County 421821 June 6, 1974, Emerg; July 31, 1978, Reg; November 2, 2012, Susp. do Do. West Pittston, Borough of, Luzerne County 420628 November 24, 1972, Emerg; April 15, 1977, Reg; November 2, 2012, Susp. do Do. White Haven, Borough of, Luzerne County 420630 April 4, 1973, Emerg; August 1, 1977, Reg; November 2, 2012, Susp. do Do. Wilkes-Barre, City of, Luzerne County 420631 December 10, 1971, Emerg; September 30, 1977, Reg; November 2, 2012, Susp. do Do. Wilkes-Barre, Township of, Luzerne County 421823 August 13, 1974, Emerg; December 2, 1980, Reg; November 2, 2012, Susp. do Do. Wright, Township of, Luzerne County 420632 May 10, 1973, Emerg; January 16, 1981, Reg; November 2, 2012, Susp. do Do. Wyoming, Borough of, Luzerne County 420633 November 3, 1972, Emerg; November 16, 1977, Reg; November 2, 2012, Susp. .do Do. Region IV Florida: Bronson, Town of, Levy County 120582 April 11, 1980, Emerg; February 1, 1987, Reg; November 2, 2012, Susp. do Do. Cedar Key, City of, Levy County 120373 August 6, 1975, Emerg; March 1, 1984, Reg; November 2, 2012, Susp. do Inglis, Town of, Levy County 120586 January 10, 1986, Emerg; January 10, 1986, Reg; November 2, 2012, Susp. do Do. Levy County, Unincorporated Areas 120145 November 13, 1970, Emerg; March 1, 1984, Reg; November 2, 2012, Susp. do Do. Otter Creek, Town of, Levy County 120592 February 8, 2005, Emerg; September 1, 2005, Reg; November 2, 2012, Susp. do Do. Yankeetown, Town of, Levy County 120147 November 13, 1970, Emerg; August 20, 1971, Reg; November 2, 2012, Susp. do Do. Georgia: Cobb County, Unincorporated Areas 130052 June 12, 1973, Emerg; January 3, 1979, Reg; November 2, 2012, Susp. do Do. Marietta, City of, Cobb County 130226 September 5, 1974, Emerg; February 15, 1978, Reg; November 2, 2012, Susp. do Do. Region V Indiana: Batesville, City of, Ripley County 180507 N/A, Emerg; March 9, 2010, Reg; November 2, 2012, Susp. do Do. Ripley County, Unincorporated Areas 180221 February 11, 1976, Emerg; September 1, 1987, Reg; November 2, 2012, Susp. do Do. Wisconsin: Chaseburg, Village of, Vernon County 550451 August 25, 1975, Emerg; February 4, 1981, Reg; November 2, 2012, Susp. do Do. Coon Valley, Village of, Vernon County 550452 April 7, 1975, Emerg; February 4, 1981, Reg; November 2, 2012, Susp. do Do. De Soto, Village of, Vernon County 550069 December 15, 1980, Emerg; January 16, 1981, Reg; November 2, 2012, Susp. do Do. Genoa, Village of, Vernon County 555556 May 7, 1971, Emerg; February 26, 1972, Reg; November 2, 2012, Susp. do Do. Ontario, Village of, Vernon County 550457 August 16, 1978, Emerg; N/A, Reg; November 2, 2012, Susp. do Do. Readstown, Village of, Vernon County 550458 April 30, 1971, Emerg; March 16, 1976, Reg; November 2, 2012, Susp. do Do. Stoddard, Village of, Vernon County 555582 April 23, 1971, Emerg; October 20, 1972, Reg; November 2, 2012, Susp. do Do. Vernon County, Unincorporated Areas 550450 September 1, 1972, Emerg; September 29, 1978, Reg; November 2, 2012, Susp. do Do. Viola, Village of, Vernon County 550460 December 5, 1974, Emerg; June 4, 1990, Reg; November 2, 2012, Susp. do Do. Region VII Missouri: Carl Junction, City of, Jasper County 290179 October 28, 1975, Emerg; June 1, 1982, Reg; November 2, 2012, Susp. do Do. Carterville, City of, Jasper County 290180 January 17, 1977, Emerg; July 16, 1984, Reg; November 2, 2012, Susp. do Do. Cole County, Unincorporated Areas 290107 January 21, 1982, Emerg; January 21, 1982, Reg; November 2, 2012, Susp. do Do. Duenweg, City of, Jasper County 290182 N/A, Emerg; April 1, 2004, Reg; November 2, 2012, Susp. do Do. Jasper County, Unincorporated Areas 290807 May 15, 1987, Emerg; May 15, 1987, Reg; November 2, 2012, Susp. do Do. Jefferson City, City of, Cole County 290108 April 23, 1971, Emerg; April 15, 1980, Reg; November 2, 2012, Susp. do Do. Sarcoxie, City of, Jasper County 290186 May 29, 1974, Emerg; July 16, 1979, Reg; November 2, 2012, Susp. do Do. Webb City, City of, Jasper County 290187 May 19, 1975, Emerg; June 1, 1982, Reg; November 2, 2012, Susp. do Do. Region VIII North Dakota: Grafton, City of, Walsh County 380137 January 17, 1975, Emerg; January 16, 1981, Reg; November 2, 2012, Susp. do Do. Minto, City of, Walsh County 380138 June 27, 1975, Emerg; January 16, 1981, Reg; November 2, 2012, Susp. do Do. Park River, City of, Walsh County 380139 February 3, 1975, Emerg; May 1, 1980, Reg; November 2, 2012, Susp. do Do. Walsh County, Unincorporated Areas 380135 March 28, 1978, Emerg; May 1, 1986, Reg; November 2, 2012, Susp. do Do. *-do- = Ditto. Code for reading third column: Emerg.—Emergency;Reg.—Regular; Susp.—Suspension. Dated: October 17, 2012. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.