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Rule

Suspension of Community Eligibility

Document Details

Information about this document as published in the Federal Register.

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Start Preamble

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 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, Federal Insurance and Mitigation Administration, 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 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 Start Printed Page 39643insurance 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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

  • Flood insurance
  • Floodplains
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 I
Massachusetts:
Amesbury, City of, Essex County250075August 7, 1975, Emerg; June 18, 1980, Reg; July 3, 2012, Susp.July 3, 2012July 3, 2012.
Andover, Town of, Essex County250076February 18, 1972, Emerg; August 1, 1978, Reg; July 3, 2012, Susp.......do*Do.
Beverly, City of, Essex County250077August 16, 1974, Emerg; March 18, 1986, Reg; July 3, 2012, Susp.......doDo.
Boxford, Town of, Essex County250078September 15, 1975, Emerg; June 3, 1991, Reg; July 3, 2012, Susp.......doDo.
Danvers, Town of, Essex County250079July 22, 1975, Emerg; July 2, 1980, Reg; July 3, 2012, Susp.......doDo.
Essex, Town of, Essex County250080November 14, 1973, Emerg; July 17, 1986, Reg; July 3, 2012, Susp.......doDo.
Georgetown, Town of, Essex County250081July 31, 1975, Emerg; June 4, 1980, Reg; July 3, 2012, Susp.......doDo.
Gloucester, City of, Essex County250082December 1, 1972, Emerg; January 17, 1986, Reg; July 3, 2012, Susp.......doDo.
Groveland, Town of, Essex County250083June 19, 1975, Emerg; October 1, 1980, Reg; July 3, 2012, Susp.......doDo.
Hamilton, Town of, Essex County250084N/A, Emerg; July 26, 1993, Reg; July 3, 2012, Susp.......doDo.
Haverhill, City of, Essex County250085April 30, 1974, Emerg; February 16, 1993, Reg; July 3, 2012, Susp.......doDo.
Ipswich, Town of, Essex County250086July 30, 1975, Emerg; August 5, 1985, Reg; July 3, 2012, Susp.......doDo.
Lawrence, City of, Essex County250087July 2, 1974, Emerg; August 2, 1982, Reg; July 3, 2012, Susp.......doDo.
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Lynn, City of, Essex County250088August 9, 1974, Emerg; February 1, 1985, Reg; July 3, 2012, Susp.......doDo.
Lynnfield, Town of, Essex County250089September 6, 1974, Emerg; February 1, 1980, Reg; July 3, 2012, Susp.......doDo.
Manchester by the Sea, Town of, Essex County250090January 15, 1974, Emerg; September 4, 1986, Reg; July 3, 2012, Susp.......doDo.
Marblehead, Town of, Essex County250091January 16, 1974, Emerg; July 3, 1985, Reg; July 3, 2012, Susp.......doDo.
Merrimac, Town of, Essex County250092February 7, 1975, Emerg; July 5, 1982, Reg; July 3, 2012, Susp.......doDo.
Methuen, City of, Essex County250093June 26, 1974, Emerg; July 2, 1980, Reg; July 3, 2012, Susp.......doDo.
Middleton, Town of, Essex County250094February 19, 1976, Emerg; November 5, 1980, Reg; July 3, 2012, Susp.......doDo.
Nahant, Town of, Essex County250095September 22, 1972, Emerg; July 19, 1976, Reg; July 3, 2012, Susp.......doDo.
Newbury, Town of, Essex County250096October 6, 1972, Emerg; March 15, 1977, Reg; July 3, 2012, Susp.......doDo.
Newburyport, City of, Essex County250097October 6, 1972, Emerg; February 15, 1978, Reg; July 3, 2012, Susp.......doDo.
North Andover, Town of, Essex County250098July 2, 1975, Emerg; June 15, 1983, Reg; July 3, 2012, Susp.......doDo.
Peabody, City of, Essex County250099July 29, 1975, Emerg; May 15, 1980, Reg; July 3, 2012, Susp.......doDo.
Rockport, Town of, Essex County250100July 28, 1975, Emerg; June 19, 1985, Reg; July 3, 2012, Susp.......doDo.
Rowley, Town of, Essex County250101N/A, Emerg; December 3, 2009, Reg; July 3, 2012, Susp.......doDo.
Salem, City of, Essex County250102June 23, 1972, Emerg; March 15, 1977, Reg; July 3, 2012, Susp.......doDo.
Salisbury, Town of, Essex County250103November 17, 1972, Emerg; May 2, 1977, Reg; July 3, 2012, Susp.......doDo.
Saugus, Town of, Essex County250104August 25, 1975, Emerg; January 19, 1983, Reg; July 3, 2012, Susp.......doDo.
Swampscott, Town of, Essex County250105September 29, 1972, Emerg; September 3, 1976, Reg; July 3, 2012, Susp.......doDo.
Topsfield, Town of, Essex County250106September 26, 1975, Emerg; June 4, 1980, Reg; July 3, 2012, Susp.......doDo.
Wenham, Town of, Essex County250107July 23, 1975, Emerg; June 19, 1989, Reg; July 3, 2012, Susp.......doDo.
West Newbury, Town of, Essex County250108August 16, 1974, Emerg; June 15, 1979, Reg; July 3, 2012, Susp.......doDo.
Region III
Pennsylvania: Albany, Township of, Berks County421046November 19, 1975, Emerg; September 30, 1988, Reg; July 3, 2012, Susp.......doDo.
Alsace, Township of, Berks County421376May 27, 1975, Emerg; April 1, 1981, Reg; July 3, 2012, Susp.......doDo.
Amity, Township of, Berks County420124April 12, 1973, Emerg; July 18, 1977, Reg; July 3, 2012, Susp.......doDo.
Bally, Borough of, Berks County420125N/A, Emerg; August 1, 2001, Reg; July 3, 2012, Susp.......doDo.
Bechtelsville, Borough of, Berks County420126April 7, 1975, Emerg; May 15, 1984, Reg; July 3, 2012, Susp.......doDo.
Bern, Township of, Berks County421050March 25, 1974, Emerg; November 19, 1980, Reg; July 3, 2012, Susp.......doDo.
Bernville, Borough of, Berks County421051January 6, 1976, Emerg; January 26, 1983, Reg; July 3, 2012, Susp.......doDo.
Bethel, Township of, Berks County421052June 19, 1978, Emerg; July 15, 1988, Reg; July 3, 2012, Susp.......doDo.
Birdsboro, Borough of, Berks County420127December 29, 1972, Emerg; December 18, 1979, Reg; July 3, 2012, Susp.......doDo.
Boyertown, Borough of, Berks County420128July 18, 1975, Emerg; June 25, 1976, Reg; July 3, 2012, Susp.......doDo.
Brecknock, Township of, Berks County421053November 24, 1975, Emerg; June 15, 1981, Reg; July 3, 2012, Susp.......doDo.
Caernarvon, Township of, Berks County421055November 26, 1974, Emerg; January 16, 1981, Reg; July 3, 2012, Susp.......doDo.
Centerport, Borough of, Berks County420129August 31, 1978, Emerg; July 16, 1982, Reg; July 3, 2012, Susp.......doDo.
Centre, Township of, Berks County421056October 4, 1977, Emerg; December 16, 1980, Reg; July 3, 2012, Susp.......doDo.
Colebrookdale, Township of, Berks County421057May 2, 1975, Emerg; May 1, 1984, Reg; July 3, 2012, Susp.......doDo.
Cumru, Township of, Berks County420130November 24, 1972, Emerg; January 3, 1979, Reg; July 3, 2012, Susp.......doDo.
District, Township of, Berks County421378November 21, 1975, Emerg; August 19, 1985, Reg; July 3, 2012, Susp.......doDo.
Exeter, Township of, Berks County421063September 27, 1974, Emerg; March 15, 1982, Reg; July 3, 2012, Susp.......doDo.
Greenwich, Township of, Berks County421067August 21, 1975, Emerg; February 17, 1989, Reg; July 3, 2012, Susp.......doDo.
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Hamburg, Borough of, Berks County420134May 1, 1973, Emerg; February 15, 1980, Reg; July 3, 2012, Susp.......doDo.
Heidelberg, Township of, Berks County421069March 7, 1977, Emerg; May 3, 1990, Reg; July 3, 2012, Susp.......doDo.
Hereford, Township of, Berks County421379November 20, 1975, Emerg; May 3, 1990, Reg; July 3, 2012, Susp.......doDo.
Jefferson, Township of, Berks County421071June 24, 1976, Emerg; September 1, 1987, Reg; July 3, 2012, Susp.......doDo.
Kenhorst, Borough of, Berks County420135December 29, 1972, Emerg; February 15, 1978, Reg; July 3, 2012, Susp.......doDo.
Kutztown, Borough of, Berks County420136June 30, 1972, Emerg; May 2, 1977, Reg; July 3, 2012, Susp.......doDo.
Leesport, Borough of, Berks County420138December 26, 1973, Emerg; May 16, 1977, Reg; July 3, 2012, Susp.......doDo.
Lenhartsville, Borough of, Berks County420139August 25, 1975, Emerg; February 17, 1989, Reg; July 3, 2012, Susp.......doDo.
Longswamp, Township of, Berks County421380November 24, 1975, Emerg; July 3, 1990, Reg; July 3, 2012, Susp.......doDo.
Lower Heidelberg, Township of, Berks County421077July 18, 1975, Emerg; August 16, 1982, Reg; July 3, 2012, Susp.......doDo.
Maidencreek, Township of, Berks County421078June 9, 1975, Emerg; March 16, 1981, Reg; July 3, 2012, Susp.......doDo.
Marion, Township of, Berks County421079October 28, 1975, Emerg; January 2, 1981, Reg; July 3, 2012, Susp.......doDo.
Maxatawny, Township of, Berks County421381December 3, 1975, Emerg; November 5, 1980, Reg; July 3, 2012, Susp.......doDo.
Mohnton, Borough of, Berks County420142January 23, 1974, Emerg; July 2, 1980, Reg; July 3, 2012, Susp.......doDo.
Muhlenberg, Township of, Berks County420144March 9, 1973, Emerg; September 1, 1977, Reg; July 3, 2012, Susp.......doDo.
New Morgan, Borough of, Berks County422755N/A, Emerg; April 20, 1998, Reg; July 3, 2012, Susp.......doDo.
North Heidelberg, Township of, Berks County421086December 23, 1976, Emerg; March 18, 1983, Reg; July 3, 2012, Susp.......doDo.
Oley, Township of, Berks County420965January 15, 1974, Emerg; September 14, 1990, Reg; July 3, 2012, Susp.......doDo.
Ontelaunee, Township of, Berks County420966September 5, 1973, Emerg; June 1, 1977, Reg; July 3, 2012, Susp.......doDo.
Penn, Township of, Berks County421091July 2, 1975, Emerg; July 15, 1988, Reg; July 3, 2012, Susp.......doDo.
Perry, Township of, Berks County421093September 12, 1975, Emerg; August 16, 1982, Reg; July 3, 2012, Susp.......doDo.
Pike, Township of, Berks County421382December 10, 1974, Emerg; July 18, 1983, Reg; July 3, 2012, Susp.......doDo.
Reading, City of, Berks County420145October 29, 1971, Emerg; September 29, 1978, Reg; July 3, 2012, Susp.......doDo.
Richmond, Township of, Berks County421096August 28, 1975, Emerg; September 17, 1982, Reg; July 3, 2012, Susp.......doDo.
Robeson, Township of, Berks County420146December 29, 1972, Emerg; September 3, 1980, Reg; July 3, 2012, Susp.......doDo.
Robesonia, Borough of, Berks County420147January 21, 1975, Emerg; June 18, 1990, Reg; July 3, 2012, Susp.......doDo.
Rockland, Township of, Berks County421098July 29, 1975, Emerg; September 2, 1988, Reg; July 3, 2012, Susp.......doDo.
Roscombmanor, Township of, Berks County421099August 6, 1975, Emerg; February 2, 1989, Reg; July 3, 2012, Susp.......doDo.
Saint Lawrence, Borough of, Berks County420151June 13, 1975, Emerg; December 16, 1980, Reg; July 3, 2012, Susp.......doDo.
Shillington, Borough of, Berks County420148November 5, 1971, Emerg; August 1, 1977, Reg; July 3, 2012, Susp.......doDo.
Shoemakersville, Borough of, Berks County420149March 26, 1974, Emerg; June 15, 1979, Reg; July 3, 2012, Susp.......doDo.
Sinking Spring, Borough of, Berks County420150May 30, 1974, Emerg; August 16, 1982, Reg; July 3, 2012, Susp.......doDo.
South Heidelberg, Township of, Berks County421107April 4, 1974, Emerg; May 17, 1990, Reg; July 3, 2012, Susp.......doDo.
Spring, Township of, Berks County421108June 27, 1974, Emerg; April 18, 1983, Reg; July 3, 2012, Susp.......doDo.
Strausstown, Borough of, Berks County420152July 31, 1979, Emerg; February 11, 1983, Reg; July 3, 2012, Susp.......doDo.
Tilden, Township of, Berks County421112April 7, 1975, Emerg; July 16, 1980, Reg; July 3, 2012, Susp.......doDo.
Topton, Borough of, Berks County420154July 25, 1975, Emerg; July 16, 1990, Reg; July 3, 2012, Susp.......doDo.
Union, Township of, Berks County420155July 9, 1973, Emerg; August 15, 1977, Reg; July 3, 2012, Susp.......doDo.
Upper Bern, Township of, Berks County421118May 8, 1979, Emerg; November 5, 1982, Reg; July 3, 2012, Susp.......doDo.
Washington, Township of, Berks County421383September 12, 1977, Emerg; June 1, 1984, Reg; July 3, 2012, Susp.......doDo.
Wernersville, Borough of, Berks County421374July 10, 1975, Emerg; August 2, 1982, Reg; July 3, 2012, Susp.......doDo.
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West Reading, Borough of, Berks County420156September 3, 1971, Emerg; March 16, 1976, Reg; July 3, 2012, Susp.......doDo.
Windsor, Township of, Berks County421125April 17, 1975, Emerg; December 16, 1980, Reg; July 3, 2012, Susp.......doDo.
Womelsdorf, Borough of, Berks County420157March 7, 1977, Emerg; October 15, 1985, Reg; July 3, 2012, Susp.......doDo.
Region IV
Georgia:
Hamilton, City of, Harris County130594July 15, 2010, Emerg; N/A, Reg; July 3, 2012, Susp.......doDo.
Harris County, Unincorporated Areas130338December 3, 1986, Emerg; December 5, 1990, Reg; July 3, 2012, Susp.......doDo.
Hogansville, City of, Troup County130176June 18, 1975, Emerg; August 4, 1987, Reg; July 3, 2012, Susp.......doDo.
LaGrange, City of, Troup County130177February 5, 1974, Emerg; December 1, 1978, Reg; July 3, 2012, Susp.......doDo.
Manchester, City of, Meriwether and Talbot Counties130225December 29, 1975, Emerg; August 5, 1986, Reg; July 3, 2012, Susp.......doDo.
Meriwether County, Unincorporated Areas130473June 25, 1986, Emerg; July 16, 1990, Reg; July 3, 2012, Susp.......doDo.
Talbot County, Unincorporated Areas130396May 30, 1979, Emerg; September 4, 1986, Reg; July 3, 2012, Susp.......doDo.
Troup County, Unincorporated Areas130405September 19, 1975, Emerg; December 5, 1990, Reg; July 3, 2012, Susp.......doDo.
Waverly Hall, Town of, Harris County130240August 26, 1975, Emerg; August 1, 1986, Reg; July 3, 2012, Susp.......doDo.
West Point, City of, Harris and Troup Counties130178March 3, 1975, Emerg; January 6, 1983, Reg; July 3, 2012, Susp.......doDo.
Woodland, City of, Talbot County130397October 28, 1975, Emerg; June 25, 1976, Reg; July 3, 2012, Susp.......doDo.
Tennessee: Benton County, Unincorporated Areas470218October 4, 1989, Emerg; July 2, 1991, Reg; July 3, 2012, Susp.......doDo.
Big Sandy, Town of, Benton County470295N/A, Emerg; November 26, 2008, Reg; July 3, 2012, Susp.......doDo.
Camden, City of, Benton County470010April 2, 1975, Emerg; July 17, 1986, Reg; July 3, 2012, Susp.......doDo.
Region VI
Texas:
Cottonwood, City of, Kaufman County480292June 18, 2010, Emerg; N/A, Reg; July 3, 2012, Susp.......doDo.
Crandall, City of, Kaufman County480409March 12, 1992, Emerg; November 1, 1992, Reg; July 3, 2012, Susp.......doDo.
Dallas, City of, Collin, Dallas, Denton, Kaufman and Rockwall Counties480171June 30, 1970, Emerg; March 16, 1983, Reg; July 3, 2012, Susp.......doDo.
Forney, City of, Kaufman County480410April 8, 1975, Emerg; August 8, 1978, Reg; July 3, 2012, Susp.......doDo.
Heath, City of, Kaufman and Rockwall County480545November 11, 1977, Emerg; February 1, 1980, Reg; July 3, 2012, Susp.......doDo.
Kaufman, City of, Kaufman County480407May 16, 1975, Emerg; August 8, 1978, Reg; July 3, 2012, Susp.......doDo.
Kaufman County, Unincorporated Areas480411September 26, 1989, Emerg; September 4, 1991, Reg; July 3, 2012, Susp.......doDo.
Kemp, City of, Kaufman County480412September 16, 1980, Emerg; September 16, 1980, Reg; July 3, 2012, Susp.......doDo.
Mabank, City of, Henderson and Kaufman Counties480414February 22, 1977, Emerg; August 8, 1978, Reg; July 3, 2012, Susp.......doDo.
McLendon-Chisholm, City of, Kaufman and Rockwall Counties480546February 21, 1997, Emerg; September 26, 2008, Reg; July 3, 2012, Susp.......doDo.
Mesquite, City of, Dallas and Kaufman Counties485490July 24, 1970, Emerg; July 30, 1971, Reg; July 3, 2012, Susp.......doDo.
Oak Ridge, Town of, Kaufman County481534October 5, 2010, Emerg; N/A, Reg; July 3, 2012, Susp.......doDo.
Scurry, City of, Kaufman County480241October 12, 2010, Emerg; N/A, Reg; July 3, 2012, Susp.......doDo.
Seagoville, City of, Dallas and Kaufman Counties480187June 25, 1975, Emerg; June 15, 1981, Reg; July 3, 2012, Susp.......doDo.
Seven Points, City of, Henderson and Kaufman Counties480332N/A, Emerg; August 23, 2001, Reg; July 3, 2012, Susp.......doDo.
Talty, Town of, Kaufman County480468N/A, Emerg; January 6, 2010, Reg; July 3, 2012, Susp.......doDo.
Terrell, City of, Kaufman County480416June 18, 1976, Emerg; September 30, 1980, Reg; July 3, 2012, Susp.......doDo.
Region VIII
Colorado: Fremont County, Unincorporated Areas080067June 25, 1975, Emerg; September 29, 1989, Reg; July 3, 2012, Susp.......doDo.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Start Signature
Start Printed Page 39647

Dated: June 20, 2012.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

End Signature End Supplemental Information

[FR Doc. 2012-16348 Filed 7-3-12; 8:45 am]

BILLING CODE 9110-12-P