Skip to Content

Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

Enhanced Content

Relevant information about this document from Regulations.gov provides additional context. This information is not part of the official Federal Register document.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

Start Printed Page 67373

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.

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.

Start Further Info

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, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-2953.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management 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 flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; 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. However, 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 their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register.

In addition, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). 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 legally 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 flood insurance map of 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 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, 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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

End List of Subjects

Accordingly, 44 CFR part 64 is amended as follows:

Start Part

PART 64—[AMENDED]

End Part Start Amendment Part

1. The authority citation for part 64 continues to read as follows:

End Amendment Part Start Authority

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.

End Authority
[Amended]
Start Amendment Part

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

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region III
Pennsylvania:
Beccaria, Township of, Clearfield County421512April 8, 1976, Emerg; July 4, 1989, Reg; November 2, 2011, Susp.Nov. 2, 2011Nov. 2, 2011.
Bigler, Township of, Clearfield County421514January 22, 1976, Emerg; November 16, 1990, Reg; November 2, 2011, Susp......do  Do.
Start Printed Page 67374
Bloom, Township of, Clearfield County422379September 21, 1979, Emerg; August 24, 1984, Reg; November 2, 2011, Susp.......do  Do.
Boggs, Township of, Clearfield County421515May 11, 1984, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Bradford, Township of, Clearfield County421516November 7, 1979, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Brady, Township of, Clearfield County421517February 1, 1977, Emerg; August 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Brisbin, Borough of, Clearfield County420297September 21, 1976, Emerg; August 3, 1984, Reg; November 2, 2011, Susp.......do  Do.
Burnside, Borough of, Clearfield County420298February 28, 1977, Emerg; July 17, 1989, Reg; November 2, 2011, Susp.......do  Do.
Burnside, Township of, Clearfield County421518January 29, 1976, Emerg; August 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Chest, Township of, Clearfield County421519April 11, 1980, Emerg; August 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Clearfield, Borough of, Clearfield County420300August 24, 1973, Emerg; September 5, 1979, Reg; November 2, 2011, Susp.......do  Do.
Coalport, Borough of, Clearfield County420301August 12, 1975, Emerg; July 4, 1989, Reg; November 2, 2011, Susp.......do  Do.
Cooper, Township of, Clearfield County421520January 13, 1976, Emerg; August 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Covington, Township of, Clearfield County421521October 6, 1976, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Curwensville, Borough of, Clearfield County420302April 7, 1975, Emerg; July 4, 1989, Reg; November 2, 2011, Susp.......do  Do.
Decatur, Township of, Clearfield County421189March 18, 1977, Emerg; November 16, 1990, Reg; November 2, 2011, Susp.......do  Do.
Dubois, City of, Clearfield County420303December 19, 1973, Emerg; December 1, 1978, Reg; November 2, 2011, Susp.......do  Do.
Ferguson, Township of, Clearfield County422380September 27, 1976, Emerg; August 3, 1984, Reg; November 2, 2011, Susp.......do  Do.
Girard, Township of, Clearfield County422381October 12, 1976, Emerg; June 17, 1986, Reg; November 2, 2011, Susp.......do  Do.
Glen Hope, Borough of, Clearfield County420305March 2, 1977, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Goshen, Township of, Clearfield County422382March 8, 1976, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Graham, Township of, Clearfield County421522October 5, 1976, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Grampian, Borough of, Clearfield County420306July 24, 1975, Emerg; July 4, 1989, Reg; November 2, 2011, Susp.......do  Do.
Greenwood, Township of, Clearfield County421523August 10, 1979, Emerg; August 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Gulich, Township of, Clearfield County421524January 21, 1976, Emerg; November 16, 1990, Reg; November 2, 2011, Susp.......do  Do.
Houtzdale, Borough of, Clearfield County420307January 26, 1977, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Huston, Township of, Clearfield County421525February 24, 1981, Emerg; January 3, 1990, Reg; November 2, 2011, Susp.......do  Do.
Irvona, Borough of, Clearfield County420308December 6, 1976, Emerg; November 3, 1989, Reg; November 2, 2011, Susp.......do  Do.
Karthaus, Township of, Clearfield County421526February 28, 1977, Emerg; April 1, 1986, Reg; November 2, 2011, Susp.......do  Do.
Mahaffey, Borough of, Clearfield County420310February 28, 1977, Emerg; July 4, 1989, Reg; November 2, 2011, Susp.......do  Do.
Morris, Township of, Clearfield County421529November 17, 1975, Emerg; December 5, 1989, Reg; November 2, 2011, Susp.......do  Do.
New Washington, Borough of, Clearfield County420312March 16, 1977, Emerg; August 3, 1984, Reg; November 2, 2011, Susp.......do  Do.
Pike, Township of, Clearfield County421190December 3, 1979, Emerg; September 15, 1989, Reg; November 2, 2011, Susp.......do  Do.
Sandy, Township of, Clearfield County421191July 9, 1975, Emerg; September 6, 1989, Reg; November 2, 2011, Susp.......do  Do.
Troutville, City of, Clearfield County420315March 14, 1980, Emerg; December 17, 1985, Reg; November 2, 2011, Susp.......do  Do.
Union, Township of, Clearfield County421531January 12, 1984, Emerg; September 1, 1987, Reg; November 2, 2011, Susp.......do  Do.
Westover, Borough of, Clearfield County420317July 23, 1975, Emerg; August 15, 1989, Reg; November 2, 2011, Susp.......do  Do.
Start Printed Page 67375
Virginia: Poquoson, City of, Independent City510183August 29, 1973, Emerg; May 16, 1977, Reg; November 2, 2011, Susp.......do  Do.
Region IV
Alabama:
Auburn, City of, Lee County010144November 21, 1974, Emerg; September 16, 1981, Reg; November 2, 2011, Susp.......do  Do.
Lee County, Unincorporated Areas010250N/A, Emerg; December 29, 2005, Reg; November 2, 2011, Susp.......do  Do.
Opelika, City of, Lee County010145June 20, 1975, Emerg; September 16, 1981, Reg; November 2, 2011, Susp.......do  Do.
Smiths Station, City of, Lee County010491N/A, Emerg; August 24, 2009, Reg; November 2, 2011, Susp.......do  Do.
Demopolis, City of, Marengo County010157August 21, 1975, Emerg; December 17, 1987, Reg; November 2, 2011, Susp.......do  Do.
Linden, City of, Marengo County010158December 27, 1974, Emerg; September 18, 1985, Reg; November 2, 2011, Susp.......do  Do.
Marengo County, Unincorporated Areas010156July 21, 1975, Emerg; January 17, 1990, Reg; November 2, 2011, Susp.......do  Do.
Providence, Town of, Marengo County010159N/A, Emerg; January 30, 2008, Reg; November 2, 2011, Susp.......do  Do.
Thomaston, Town of, Marengo County010273June 8, 1976, Emerg; August 19, 1985, Reg; November 2, 2011, Susp.......do  Do.
Kentucky:
McCracken County, Unincorporated Areas210151July 24, 1975, Emerg; June 4, 1980, Reg; November 2, 2011, Susp.......do  Do.
Paducah, City of, McCracken County210152May 12, 1975, Emerg; April 15, 1980, Reg; November 2, 2011, Susp.......do  Do.
Tennessee:
Claiborne County, Unincorporated Areas470212April 16, 1974, Emerg; May 4, 1988, Reg; November 2, 2011, Susp.......do  Do.
New Tazewell, City of, Claiborne County470030November 1, 1974, Emerg; August 5, 1986, Reg; November 2, 2011, Susp.......do  Do.
Tazewell, City of, Claiborne County475449October 30, 1970, Emerg; October 30, 1970, Reg; November 2, 2011, Susp.......do  Do.
Region V
Illinois:
Cave-In-Rock, Village of, Hardin County170274August 27, 1975, Emerg; December 1, 1983, Reg; November 2, 2011, Susp.......do  Do.
Elizabethtown, Village of, Hardin County170275July 2, 1975, Emerg; September 15, 1983, Reg; November 2, 2011, Susp.......do  Do.
Rosiclare, City of, Hardin County170276July 3, 1975, Emerg; September 15, 1983, Reg; November 2, 2011, Susp.......do  Do.
......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature

Dated: October 13, 2011.

Edward L. Connor,

Deputy Associate Administrator for Federal Insurance, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Supplemental Information

[FR Doc. 2011-28217 Filed 10-31-11; 8:45 am]

BILLING CODE 9110-12-P