[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67372-67375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28217]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2011-0002; Internal Agency Docket No. FEMA-8203]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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[[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.

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.

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.

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/
                                  Community     cancellation of   Current effective  map   Date certain  Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in  SFHAs
                                                   community
----------------------------------------------------------------------------------------------------------------
          Region III
 
Pennsylvania:
    Beccaria, Township of,            421512  April 8, 1976,      Nov. 2, 2011..........  Nov. 2, 2011.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Bigler, Township of,              421514  January 22, 1976,   .....do...............   Do.
     Clearfield County.                        Emerg; November
                                               16, 1990, Reg;
                                               November 2, 2011,
                                               Susp.

[[Page 67374]]

 
    Bloom, Township of,               422379  September 21,       ......do..............   Do.
     Clearfield County.                        1979, Emerg;
                                               August 24, 1984,
                                               Reg; November 2,
                                               2011, Susp.
    Boggs, Township of,               421515  May 11, 1984,       ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Bradford, Township of,            421516  November 7, 1979,   ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Brady, Township of,               421517  February 1, 1977,   ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Brisbin, Borough of,              420297  September 21,       ......do..............   Do.
     Clearfield County.                        1976, Emerg;
                                               August 3, 1984,
                                               Reg; November 2,
                                               2011, Susp.
    Burnside, Borough of,             420298  February 28, 1977,  ......do..............   Do.
     Clearfield County.                        Emerg; July 17,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Burnside, Township of,            421518  January 29, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Chest, Township of,               421519  April 11, 1980,     ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Clearfield, Borough of,           420300  August 24, 1973,    ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               5, 1979, Reg;
                                               November 2, 2011,
                                               Susp.
    Coalport, Borough of,             420301  August 12, 1975,    ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Cooper, Township of,              421520  January 13, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Covington, Township of,           421521  October 6, 1976,    ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Curwensville, Borough of,         420302  April 7, 1975,      ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Decatur, Township of,             421189  March 18, 1977,     ......do..............   Do.
     Clearfield County.                        Emerg; November
                                               16, 1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Dubois, City of,                  420303  December 19, 1973,  ......do..............   Do.
     Clearfield County.                        Emerg; December
                                               1, 1978, Reg;
                                               November 2, 2011,
                                               Susp.
    Ferguson, Township of,            422380  September 27,       ......do..............   Do.
     Clearfield County.                        1976, Emerg;
                                               August 3, 1984,
                                               Reg; November 2,
                                               2011, Susp.
    Girard, Township of,              422381  October 12, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; June 17,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Glen Hope, Borough of,            420305  March 2, 1977,      ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Goshen, Township of,              422382  March 8, 1976,      ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Graham, Township of,              421522  October 5, 1976,    ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Grampian, Borough of,             420306  July 24, 1975,      ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Greenwood, Township of,           421523  August 10, 1979,    ......do..............   Do.
     Clearfield County.                        Emerg; August 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Gulich, Township of,              421524  January 21, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; November
                                               16, 1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Houtzdale, Borough of,            420307  January 26, 1977,   ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Huston, Township of,              421525  February 24, 1981,  ......do..............   Do.
     Clearfield County.                        Emerg; January 3,
                                               1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Irvona, Borough of,               420308  December 6, 1976,   ......do..............   Do.
     Clearfield County.                        Emerg; November
                                               3, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Karthaus, Township of,            421526  February 28, 1977,  ......do..............   Do.
     Clearfield County.                        Emerg; April 1,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Mahaffey, Borough of,             420310  February 28, 1977,  ......do..............   Do.
     Clearfield County.                        Emerg; July 4,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Morris, Township of,              421529  November 17, 1975,  ......do..............   Do.
     Clearfield County.                        Emerg; December
                                               5, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    New Washington, Borough           420312  March 16, 1977,     ......do..............   Do.
     of, Clearfield County.                    Emerg; August 3,
                                               1984, Reg;
                                               November 2, 2011,
                                               Susp.
    Pike, Township of,                421190  December 3, 1979,   ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               15, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Sandy, Township of,               421191  July 9, 1975,       ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               6, 1989, Reg;
                                               November 2, 2011,
                                               Susp.
    Troutville, City of,              420315  March 14, 1980,     ......do..............   Do.
     Clearfield County.                        Emerg; December
                                               17, 1985, Reg;
                                               November 2, 2011,
                                               Susp.
    Union, Township of,               421531  January 12, 1984,   ......do..............   Do.
     Clearfield County.                        Emerg; September
                                               1, 1987, Reg;
                                               November 2, 2011,
                                               Susp.
    Westover, Borough of,             420317  July 23, 1975,      ......do..............   Do.
     Clearfield County.                        Emerg; August 15,
                                               1989, Reg;
                                               November 2, 2011,
                                               Susp.

[[Page 67375]]

 
Virginia: Poquoson, City of,          510183  August 29, 1973,    ......do..............   Do.
 Independent City.                             Emerg; May 16,
                                               1977, Reg;
                                               November 2, 2011,
                                               Susp.
 
           Region IV
 
Alabama:
    Auburn, City of, Lee              010144  November 21, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               November 2, 2011,
                                               Susp.
    Lee County, Unincorporated        010250  N/A, Emerg;         ......do..............   Do.
     Areas.                                    December 29,
                                               2005, Reg;
                                               November 2, 2011,
                                               Susp.
    Opelika, City of, Lee             010145  June 20, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               November 2, 2011,
                                               Susp.
    Smiths Station, City of,          010491  N/A, Emerg; August  ......do..............   Do.
     Lee County.                               24, 2009, Reg;
                                               November 2, 2011,
                                               Susp.
    Demopolis, City of,               010157  August 21, 1975,    ......do..............   Do.
     Marengo County.                           Emerg; December
                                               17, 1987, Reg;
                                               November 2, 2011,
                                               Susp.
    Linden, City of, Marengo          010158  December 27, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1985, Reg;
                                               November 2, 2011,
                                               Susp.
    Marengo County,                   010156  July 21, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; January
                                               17, 1990, Reg;
                                               November 2, 2011,
                                               Susp.
    Providence, Town of,              010159  N/A, Emerg;         ......do..............   Do.
     Marengo County.                           January 30, 2008,
                                               Reg; November 2,
                                               2011, Susp.
    Thomaston, Town of,               010273  June 8, 1976,       ......do..............   Do.
     Marengo County.                           Emerg; August 19,
                                               1985, Reg;
                                               November 2, 2011,
                                               Susp.
Kentucky:
    McCracken County,                 210151  July 24, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 4,
                                               1980, Reg;
                                               November 2, 2011,
                                               Susp.
    Paducah, City of,                 210152  May 12, 1975,       ......do..............   Do.
     McCracken County.                         Emerg; April 15,
                                               1980, Reg;
                                               November 2, 2011,
                                               Susp.
Tennessee:
    Claiborne County,                 470212  April 16, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 4,
                                               1988, Reg;
                                               November 2, 2011,
                                               Susp.
    New Tazewell, City of,            470030  November 1, 1974,   ......do..............   Do.
     Claiborne County.                         Emerg; August 5,
                                               1986, Reg;
                                               November 2, 2011,
                                               Susp.
    Tazewell, City of,                475449  October 30, 1970,   ......do..............   Do.
     Claiborne County.                         Emerg; October
                                               30, 1970, Reg;
                                               November 2, 2011,
                                               Susp.
 
           Region V
Illinois:
    Cave-In-Rock, Village of,         170274  August 27, 1975,    ......do..............   Do.
     Hardin County.                            Emerg; December
                                               1, 1983, Reg;
                                               November 2, 2011,
                                               Susp.
    Elizabethtown, Village of,        170275  July 2, 1975,       ......do..............   Do.
     Hardin County.                            Emerg; September
                                               15, 1983, Reg;
                                               November 2, 2011,
                                               Susp.
    Rosiclare, City of, Hardin        170276  July 3, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               15, 1983, Reg;
                                               November 2, 2011,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 13, 2011.
Edward L. Connor,
Deputy Associate Administrator for Federal Insurance, Department of 
Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2011-28217 Filed 10-31-11; 8:45 am]
BILLING CODE 9110-12-P