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Rule

Suspension of Community Eligibility

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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. 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.

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

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. 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.

[Amended]

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

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
Maryland:
Annapolis, City of, Anne Arundel County240009December 7, 1973, Emerg; November 4, 1981, Reg; October 16, 2012, SuspOctober 16, 2012October 16, 2012.
Anne Arundel County, Unincorporated Areas240008March 3, 1972, Emerg; May 2, 1983, Reg; October 16, 2012, Susp*......do  Do.
Highland Beach, Town of, Anne Arundel County240161July 31, 1975, Emerg; November 4, 1981, Reg; October 16, 2012, Susp......do  Do.
Pennsylvania:
Alexandria, Borough of, Huntingdon County420481June 1, 1973, Emerg; February 1, 1980, Reg; October 16, 2012, Susp......do  Do.
Barree, Township of, Huntingdon County421683June 11, 1979, Emerg; September 10, 1984, Reg; October 16, 2012, Susp......do  Do.
Brady, Township of, Huntingdon County421684November 25, 1975, Emerg; February 17, 1989, Reg; October 16, 2012, Susp......do  Do.
Carbon, Township of, Huntingdon County421685December 12, 1977, Emerg; June 19, 1989, Reg; October 16, 2012, Susp......do  Do.
Cass, Township of, Huntingdon County421686January 21, 1977, Emerg; November 1, 1985, Reg; October 16, 2012, Susp......do  Do.
Clay, Township of, Huntingdon County421687April 25, 1977, Emerg; August 16, 1988, Reg; October 16, 2012, Susp......do  Do.
Coalmont, Borough of, Huntingdon County420484April 26, 1977, Emerg; August 3, 1989, Reg; October 16, 2012, Susp......do  Do.
Cromwell, Township of, Huntingdon County421688April 20, 1976, Emerg; December 4, 1985, Reg; October 16, 2012, Susp......do  Do.
Dublin, Township of, Huntingdon County421689January 20, 1978, Emerg; December 4, 1985, Reg; October 16, 2012, Susp......do  Do.
Dudley, Borough of, Huntingdon County421681August 9, 1982, Emerg; September 24, 1984, Reg; October 16, 2012, Susp......do  Do.
Franklin, Township of, Huntingdon County422573March 23, 1977, Emerg; February 17, 1989, Reg; October 16, 2012, Susp......do  Do.
Henderson, Township of, Huntingdon County420960January 21, 1974, Emerg; August 3, 1989, Reg; October 16, 2012, Susp......do  Do.
Hopewell, Township of, Huntingdon County421690April 25, 1979, Emerg; August 15, 1989, Reg; October 16, 2012, Susp......do  Do.
Huntingdon, Borough of, Huntingdon County420486April 16, 1973, Emerg; September 29, 1978, Reg; October 16, 2012, Susp......do  Do.
Jackson, Township of, Huntingdon County421691December 21, 1978, Emerg; August 3, 1989, Reg; October 16, 2012, Susp......do  Do.
Juniata, Township of, Huntingdon County421692February 4, 1976, Emerg; February 17, 1989, Reg; October 16, 2012, Susp......do  Do.
Logan, Township of, Huntingdon County421694March 20, 1978, Emerg; August 3, 1989, Reg; October 16, 2012, Susp......do  Do.
Mapleton, Borough of, Huntingdon County420487April 19, 1973, Emerg; July 5, 1977, Reg; October 16, 2012, Susp......do  Do.
Mill Creek, Borough of, Huntingdon County420488August 22, 1975, Emerg; March 2, 1989, Reg; October 16, 2012, Susp......do  Do.
Miller, Township of, Huntingdon County421695February 17, 1977, Emerg; March 2, 1989, Reg; October 16, 2012, Susp......do  Do.
Morris, Township of, Huntingdon County421696August 9, 1982, Emerg; December 4, 1985, Reg; October 16, 2012, Susp......do  Do.
Mount Union, Borough of, Huntingdon County420489November 10, 1972, Emerg; July 18, 1977, Reg; October 16, 2012, Susp......do  Do.
Oneida, Township of, Huntingdon County421697March 14, 1975, Emerg; March 2, 1989, Reg; October 16, 2012, Susp......do  Do.
Orbisonia, Borough of, Huntingdon County421682October 15, 1975, Emerg; December 31, 1982, Reg; October 16, 2012, Susp......do  Do.
Penn, Township of, Huntingdon County421698February 17, 1976, Emerg; November 15, 1985, Reg; October 16, 2012, Susp......do  Do.
Petersburg, Borough of, Huntingdon County420490August 3, 1976, Emerg; August 15, 1989, Reg; October 16, 2012, Susp......do  Do.
Porter, Township of, Huntingdon County421699August 22, 1975, Emerg; March 16, 1981, Reg; October 16, 2012, Susp......do  Do.
Rockhill, Borough of, Huntingdon County422575November 14, 1975, Emerg; July 3, 1990, Reg; October 16, 2012, Susp......do  Do.
Saltillo, Borough of, Huntingdon County420492April 26, 1977, Emerg; October 15, 1985, Reg; October 16, 2012, Susp......do  Do.
Shirley, Township of, Huntingdon County421700February 4, 1976, Emerg; August 15, 1989, Reg; October 16, 2012, Susp......do  Do.
Shirleysburg, Borough of, Huntingdon County420493June 1, 1976, Emerg; April 15, 1986, Reg; October 16, 2012, Susp......do  Do.
Smithfield, Township of, Huntingdon County420494March 9, 1973, Emerg; March 15, 1977, Reg; October 16, 2012, Susp......do  Do.
Springfield, Township of, Huntingdon County421701October 14, 1975, Emerg; December 4, 1985, Reg; October 16, 2012, Susp......do  Do.
Spruce Creek, Township of, Huntingdon County422621February 18, 1975, Emerg; March 2, 1989, Reg; October 16, 2012, Susp......do  Do.
Tell, Township of, Huntingdon County421702October 15, 1975, Emerg; June 11, 1982, Reg; October 16, 2012, Susp......do  Do.
Three Springs, Borough of, Huntingdon County422576March 17, 1977, Emerg; October 1, 1982, Reg; October 16, 2012, Susp......do  Do.
Todd, Township of, Huntingdon County421703September 15, 1975, Emerg; August 15, 1989, Reg; October 16, 2012, Susp......do  Do.
Union, Township of, Huntingdon County421704July 21, 1982, Emerg; March 2, 1989, Reg; October 16, 2012, Susp......do  Do.
Walker, Township of, Huntingdon County422577April 8, 1977, Emerg; September 10, 1984, Reg; October 16, 2012, Susp......do  Do.
Warriors Mark, Township of, Huntingdon County421705November 22, 1977, Emerg; March 2, 1989, Reg; October 16, 2012, Susp......do  Do.
West, Township of, Huntingdon County421706February 17, 1976, Emerg; December 4, 1985, Reg; October 16, 2012, Susp......do  Do.
Wood, Township of, Huntingdon County421707June 20, 1975, Emerg; November 1, 1985, Reg; October 16, 2012, Susp......do  Do.
West Virginia:
Falling Springs, Corporation of (Town of Renick), Greenbrier County540243October 6, 1975, Emerg; September 24, 1984, Reg; October 16, 2012, Susp......do  Do.
Greenbrier County, Unincorporated Areas540040June 24, 1975, Emerg; January 15, 1988, Reg; October 16, 2012, Susp......do  Do.
Rainelle, Town of, Greenbrier County540228September 3, 1975, Emerg; November 19, 1987, Reg; October 16, 2012, Susp......do  Do.
Ronceverte, City of, Greenbrier County540043March 10, 1975, Emerg; May 17, 1990, Reg; October 16, 2012, Susp......do  Do.
Rupert, Town of, Greenbrier County540044January 24, 1975, Emerg; August 24, 1984, Reg; October 16, 2012, Susp......do  Do.
White Sulphur Springs, City of, Greenbrier County540045November 20, 1974, Emerg; August 1, 1978, Reg; October 16, 2012, Susp......do  Do.
Region IV
Alabama:
Chatom, Town of, Washington County010376November 1, 1999, Emerg; September 29, 2006, Reg; October 16, 2012, Susp......do  Do.
Millry, Town of, Washington County010207May 18, 2005, Emerg; September 29, 2006, Reg; October 16, 2012, Susp......do  Do.
Washington County, Unincorporated Areas010302January 12, 1976, Emerg; August 1, 1987, Reg; October 16, 2012, Susp......do  Do.
Region V
Indiana:
Mecca, Town of, Parke County180330December 21, 1978, Emerg; April 1, 1988, Reg; October 16, 2012, Susp......do  Do.
Montezuma, Town of, Parke County180194June 19, 1975, Emerg; April 1, 1988, Reg; October 16, 2012, Susp......do  Do.
Parke County, Unincorporated Areas180192September 30, 1988, Emerg; N/A, Reg; October 16, 2012, Susp......do  Do.
Michigan:
Cedarville, Township of, Menominee County260659N/A, Emerg; June 24, 1993, Reg; October 16, 2012, Susp......do  Do.
Gourley, Township of, Menominee County260455October 23, 1995, Emerg; November 5, 2009, Reg; October 16, 2012, Susp......do  Do.
Holmes, Township of, Menominee County260457July 28, 1995, Emerg; November 5, 2009, Reg; October 16, 2012, Susp......do  Do.
Ingallston, Township of, Menominee County260660N/A, Emerg; September 28, 1979, Reg; October 16, 2012, Susp......do  Do.
Mellen, Township of, Menominee County260692June 9, 1993, Emerg; November 5, 2009, Reg; October 16, 2012, Susp......do  Do.
Menominee, City of, Menominee County260138May 1, 1973, Emerg; August 1, 1978, Reg; October 16, 2012, Susp......do  Do.
Menominee, Township of, Menominee County260702N/A, Emerg; January 7, 1992, Reg; October 16, 2012, Susp......do  Do.
Meyer, Township of, Menominee County260458September 22, 1995, Emerg; August 19, 1997, Reg; October 16, 2012, Susp......do  Do.
Spalding, Township of, Menominee County260461July 28, 1995, Emerg; November 5, 2009, Reg; October 16, 2012, Susp......do  Do.
Stephenson, City of, Menominee County260139August 7, 1973, Emerg; May 16, 1977, Reg; October 16, 2012, Susp......do  Do.
Wisconsin:
Elroy, City of, Juneau County550201June 26, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp......do  Do.
Juneau County, Unincorporated Areas550580July 3, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp......do  Do.
Mauston, City of, Juneau County550204July 24, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp......do  Do.
Necedah, Village of, Juneau County550205N/A, Emerg; January 27, 1992, Reg; October 16, 2012, Susp......do  Do.
New Lisbon, City of, Juneau County550206July 8, 1975, Emerg; September 18, 1991, Reg; October 16, 2012, Susp......do  Do.
Wonewoc, Village of, Juneau County550208July 18, 1975, Emerg; September 30, 1988, Reg; October 16, 2012, Susp......do  Do.
Region VI
Oklahoma:
Glenpool, City of, Tulsa County400208February 6, 1975, Emerg; March 2, 1981, Reg; October 16, 2012, Susp......do  Do.
Jenks, City of, Tulsa County400209November 1, 1974, Emerg; February 17, 1982, Reg; October 16, 2012, Susp......do  Do.
Sand Springs, City of, Tulsa County400211August 5, 1974, Emerg; June 15, 1981, Reg; October 16, 2012, Susp......do  Do.
Skiatook, Town of, Tulsa County400212July 2, 1974, Emerg; July 16, 1980, Reg; October 16, 2012, Susp......do  Do.
Sperry, Town of, Tulsa County400213June 17, 1975, Emerg; July 16, 1981, Reg; October 16, 2012, Susp......do  Do.
Tulsa County, Unincorporated Areas400462April 21, 1975, Emerg; September 16, 1982, Reg; October 16, 2012, Susp......do  Do.
Region VIII
Colorado:
Grand Junction, City of, Mesa County080117October 13, 1978, Emerg; January 6, 1983, Reg; October 16, 2012, Susp......do  Do.
Mesa County, Unincorporated Areas080115July 26, 1973, Emerg; July 3, 1978, Reg; October 16, 2012, Susp......do  Do.
Region IX
California:
Daly City, City of, San Mateo County060317August 4, 1975, Emerg; July 31, 1979, Reg; October 16, 2012, Susp......do  Do.
Region X
Washington:
Bucoda, Town of, Thurston County530189February 10, 1975, Emerg; September 2, 1981, Reg; October 16, 2012, Susp......do  Do.
Lacey, City of, Thurston County530190May 7, 1975, Emerg; July 16, 1980, Reg; October 16, 2012, Susp......do  Do.
Olympia, City of, Thurston County530191October 3, 1974, Emerg; February 17, 1982, Reg; October 16, 2012, Susp......do  Do.
Rainier, City of, Thurston County530260N/A, Emerg; March 29, 1999, Reg; October 16, 2012, Susp......do  Do.
Tenino, City of, Thurston County530302February 18, 1975, Emerg; June 4, 1980, Reg; October 16, 2012, Susp......do  Do.
Thurston County, Unincorporated Areas530188September 13, 1974, Emerg; December 1, 1982, Reg; October 16, 2012, Susp......do  Do.
Tumwater, City of, Thurston County530192December 18, 1974, Emerg; August 1, 1980, Reg; October 16, 2012, Susp......do  Do.
Yelm, City of, Thurston County530310May 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.

[FR Doc. 2012-25557 Filed 10-16-12; 8:45 am]

BILLING CODE 9110-12-P