
[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Rules and Regulations]
[Pages 57032-57035]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22825]


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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.

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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: 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.

[[Page 57033]]


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
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                 Effective date
                                                 authorization/                             Date certain Federal
      State and location         Community    cancellation of sale  Current effective map   assistance no longer
                                    No.      of flood insurance in           date            available in SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III
 
Pennsylvania:
    Addison, Township of,           422508   January 18, 1985,      Sept. 19, 2012.......  Sept. 19, 2012.
     Somerset County.                         Emerg; June 1, 1989,
                                              Reg; September 19,
                                              2012, Susp.
    Allegheny, Township of,         422509   August 4, 1983,        ...... do*...........   Do.
     Somerset County.                         Emerg; June 1, 1989,
                                              Reg; September 19,
                                              2012, Susp.
    Benson, Borough of,             420793   October 14, 1975,      ...... do............   Do.
     Somerset County..                        Emerg; May 17, 1990,
                                              Reg; September 19,
                                              2012, Susp.
    Black, Township of,             422510   March 2, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 10, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Boswell, Borough of,            420794   March 22, 1977,        ...... do............   Do.
     Somerset County.                         Emerg; September 24,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Brothersvalley, Township        422511   July 25, 1985, Emerg;  ...... do............   Do.
     of, Somerset County.                     August 19, 1985,
                                              Reg; September 19,
                                              2012, Susp.

[[Page 57034]]

 
    Casselman, Borough of,          420795   March 9, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 10, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Central City, Borough of,       420796   August 29, 1975,       ...... do............   Do.
     Somerset County.                         Emerg; June 18,
                                              1990, Reg; September
                                              19, 2012, Susp.
    Conemaugh, Township of,         422047   August 1, 1975,        ...... do............   Do.
     Somerset County.                         Emerg; June 4, 1990,
                                              Reg; September 19,
                                              2012, Susp.
    Confluence, Borough of,         422043   March 11, 1975,        ...... do............   Do.
     Somerset County.                         Emerg; September 6,
                                              1989, Reg; September
                                              19, 2012, Susp.
    Elk Lick, Township of,          422048   March 8, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 10, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Fairhope, Township of,          422049   August 5, 1983,        ...... do............   Do.
     Somerset County.                         Emerg; August 19,
                                              1985, Reg; September
                                              19, 2012, Susp.
    Garrett, Borough of,            420797   July 31, 1975, Emerg;  ...... do............   Do.
     Somerset County.                         June 4, 1990, Reg;
                                              September 19, 2012,
                                              Susp.
    Greenville, Township of,        422512   October 27, 1981,      ...... do............   Do.
     Somerset County.                         Emerg; September 10,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Hooversville, Borough of,       420798   August 5, 1975,        ...... do............   Do.
     Somerset County.                         Emerg; June 18,
                                              1990, Reg; September
                                              19, 2012, Susp.
    Indian Lake, Borough of,        422513   October 12, 1976,      ...... do............   Do.
     Somerset County.                         Emerg; September 10,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Jefferson, Township of,         422050   March 26, 1976,        ...... do............   Do.
     Somerset County.                         Emerg; August 19,
                                              1985, Reg; September
                                              19, 2012, Susp.
    Jenner, Township of,            422051   February 18, 1976,     ...... do............   Do.
     Somerset County.                         Emerg; September 4,
                                              1985, Reg; September
                                              19, 2012, Susp.
    Jennerstown, Borough of,        422514   March 1, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 24, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Larimer, Township of,           422515   September 8, 1983,     ...... do............   Do.
     Somerset County.                         Emerg; April 1,
                                              1988, Reg; September
                                              19, 2012, Susp.
    Lincoln, Township of,           422516   March 7, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 10, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Lower Turkeyfoot,               422517   May 4, 1977, Emerg;    ...... do............   Do.
     Township of, Somerset                    September 10, 1984,
     County.                                  Reg; September 19,
                                              2012, Susp.
    Meyersdale, Borough of,         422044   March 21, 1977,        ...... do............   Do.
     Somerset County.                         Emerg; June 17,
                                              1986, Reg; September
                                              19, 2012, Susp.
    Middlecreek, Township of,       422518   April 25, 1979,        ...... do............   Do.
     Somerset County.                         Emerg; September 10,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Milford, Township of,           422519   May 21, 1979, Emerg;   ...... do............   Do.
     Somerset County.                         September 10, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    New Baltimore, Borough          420799   April 8, 1981, Emerg;  ...... do............   Do.
     of, Somerset County.                     September 24, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Northampton, Township of,       422520   February 10, 1976,     ...... do............   Do.
     Somerset County.                         Emerg; September 24,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Ogle, Township of,              422052   April 23, 1976,        ...... do............   Do.
     Somerset County.                         Emerg; May 17, 1990,
                                              Reg; September 19,
                                              2012, Susp.
    Paint, Borough of,              420800   August 27, 1975,       ...... do............   Do.
     Somerset County.                         Emerg; November 19,
                                              1986, Reg; September
                                              19, 2012, Susp.
    Paint, Township of,             422521   February 13, 1976,     ...... do............   Do.
     Somerset County.                         Emerg; June 4, 1990,
                                              Reg; September 19,
                                              2012, Susp.
    Quemahoning, Township of,       422053   April 19, 1976,        ...... do............   Do.
     Somerset County.                         Emerg; August 15,
                                              1989, Reg; September
                                              19, 2012, Susp.
    Rockwood, Borough of,           422045   February 17, 1977,     ...... do............   Do.
     Somerset County.                         Emerg; June 18,
                                              1990, Reg; September
                                              19, 2012, Susp.
    Salisbury, Borough of,          420801   April 22, 1975,        ...... do............   Do.
     Somerset County.                         Emerg; September 24,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Shade, Township of,             422054   August 21, 1975,       ...... do............   Do.
     Somerset County.                         Emerg; February 6,
                                              1991, Reg; September
                                              19, 2012, Susp.
    Shanksville, Borough of,        420802   March 2, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 24, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Somerset, Borough of,           420803   September 10, 1971,    ...... do............   Do.
     Somerset County.                         Emerg; November 27,
                                              1976, Reg; September
                                              19, 2012, Susp.
    Somerset, Township of,          422055   July 19, 1976, Emerg;  ...... do............   Do.
     Somerset County.                         May 17, 1990, Reg;
                                              September 19, 2012,
                                              Susp.
    Southampton, Township of,       422523   March 1, 1977, Emerg;  ...... do............   Do.
     Somerset County.                         September 24, 1984,
                                              Reg; September 19,
                                              2012, Susp.
    Stonycreek, Township of,        422524   April 21, 1976,        ...... do............   Do.
     Somerset County.                         Emerg; August 19,
                                              1985, Reg; September
                                              19, 2012, Susp.
    Summit, Township of,            422056   October 27, 1981,      ...... do............   Do.
     Somerset County.                         Emerg; September 10,
                                              1984, Reg; September
                                              19, 2012, Susp.
    Upper Turkeyfoot,               422525   April 25, 1979,        ...... do............   Do.
     Township of, Somerset                    Emerg; September 10,
     County.                                  1984, Reg; September
                                              19, 2012, Susp.

[[Page 57035]]

 
    Ursina, Borough of,             420804   August 21, 1975,       ...... do............   Do.
     Somerset County.                         Emerg; June 18,
                                              1990, Reg; September
                                              19, 2012, Susp.
    Wellersburg, Borough of,        422526   April 19, 1984,        ...... do............   Do.
     Somerset County.                         Emerg; June 1, 1989,
                                              Reg; September 19,
                                              2012, Susp.
    Windber, Borough of,            422046   April 29, 1975,        ...... do............   Do.
     Somerset County.                         Emerg; October 17,
                                              1986, Reg; September
                                              19, 2012, Susp.
 
          Region IV
 
Kentucky:
    Burkesville, City of,           210061   October 2, 1975,       ...... do............   Do.
     Cumberland County.                       Emerg; July 3, 1986,
                                              Reg; September 19,
                                              2012, Susp.
    Grayson County,                 210330   N/A, Emerg; September  ...... do............   Do.
     Unincorporated Areas.                    15, 2001, Reg;
                                              September 19, 2012,
                                              Susp.
    Leitchfield, City of,           210085   February 4, 2002,      ...... do............   Do.
     Grayson County.                          Emerg; N/A, Reg;
                                              September 19, 2012,
                                              Susp.
Mississippi:
    George County,                  280223   May 2, 1975, Emerg;    ...... do............   Do.
     Unincorporated Areas.                    August 16, 1988,
                                              Reg; September 19,
                                              2012, Susp.
    Lucedale, City of, George       280056   April 24, 1975,        ...... do............   Do.
     County.                                  Emerg; April 15,
                                              1986, Reg; September
                                              19, 2012, Susp.
 
           Region V
 
Ohio:
    Malta, Village of, Morgan       390421   April 22, 1975,        ...... do............   Do.
     County.                                  Emerg; September 1,
                                              1987, Reg; September
                                              19, 2012, Susp.
    McConnelsville, Village         390422   August 1, 1975,        ...... do............   Do.
     of, Morgan County.                       Emerg; July 1, 1987,
                                              Reg; September 19,
                                              2012, Susp.
    Stockport, Village of,          390423   May 30, 1975, Emerg;   ...... do............   Do.
     Morgan County.                           August 1, 1987, Reg;
                                              September 19, 2012,
                                              Susp.
 
          Region VII
 
Missouri:
    Argyle, Village of, Osage       290491   May 13, 1974, Emerg;   ...... do............   Do.
     County.                                  August 1, 1986, Reg;
                                              September 19, 2012,
                                              Susp.
    Linn, City of, Osage            290708   N/A, Emerg; April 28,  ...... do............   Do.
     County.                                  2006, Reg; September
                                              19, 2012, Susp.
 
         Region VIII
 
Montana:
    East Helena, City of,           300039   May 23, 1975, Emerg;   ...... do............   Do.
     Lewis and Clark County.                  June 4, 1980, Reg;
                                              September 19, 2012,
                                              Susp.
    Helena, City of, Lewis          300040   May 6, 1975, Emerg;    ...... do............   Do.
     and Clark County.                        April 15, 1981, Reg;
                                              September 19, 2012,
                                              Susp.
    Lewis and Clark County,         300038   August 26, 1975,       ...... do............   Do.
     Unincorporated Areas.                    Emerg; April 1,
                                              1981, Reg; September
                                              19, 2012, Susp.
----------------------------------------------------------------------------------------------------------------
*...... 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.
[FR Doc. 2012-22825 Filed 9-14-12; 8:45 am]
BILLING CODE 9110-12-P


