[Federal Register Volume 76, Number 231 (Thursday, December 1, 2011)]
[Rules and Regulations]
[Pages 74717-74720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30909]


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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-8207]


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.

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 
Federal flood insurance that is not otherwise generally available from 
private insurers. 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 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 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 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 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

[[Page 74718]]

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
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          Region III
 
Pennsylvania:
    Ashland, Township of,             422361  December 27,      Dec. 2, 2011...........  Dec. 2, 2011.
     Clarion County.                           1979, Emerg;
                                               January 17,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
    Beaver, Township of,              422362  October 26,       ......do...............   Do.
     Clarion County.                           1979, Emerg;
                                               January 17,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
    Clarion, Borough of,              421500  October 3, 1975,  ......do...............   Do.
     Clarion County.                           Emerg; November
                                               1, 1986, Reg;
                                               December 2,
                                               2011, Susp.
    Clarion, Township of,             421507  January 20,       ......do...............   Do.
     Clarion County.                           1976, Emerg;
                                               November 1,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    East Brady, Borough of,           421501  December 10,      ......do...............   Do.
     Clarion County.                           1974, Emerg;
                                               June 30, 1976,
                                               Reg; December
                                               2, 2011, Susp.
    Elk, Township of, Clarion         422365  February 11,      ......do...............   Do.
     County.                                   1976, Emerg;
                                               July 3, 1985,
                                               Reg; December
                                               2, 2011, Susp.
    Farmington, Township of,          422366  August 21, 1975,  ......do...............   Do.
     Clarion County.                           Emerg; July 3,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
    Foxburg, Borough of,              421502  February 28,      ......do...............   Do.
     Clarion County.                           1977, Emerg;
                                               September 30,
                                               1987, Reg;
                                               December 2,
                                               2011, Susp.
    Hawthorn, Borough of,             421503  October 13,       ......do...............   Do.
     Clarion County.                           1976, Emerg;
                                               May 1, 1986,
                                               Reg; December
                                               2, 2011, Susp.
    Highland, Township of,            421508  September 16,     ......do...............   Do.
     Clarion County.                           1975, Emerg;
                                               May 1, 1986,
                                               Reg; December
                                               2, 2011, Susp.
    Knox, Township of, Clarion        422367  June 15, 1976,    ......do...............   Do.
     County.                                   Emerg; January
                                               3, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Licking, Township of,             422368  June 8, 1977,     ......do...............   Do.
     Clarion County.                           Emerg; January
                                               3, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Limestone, Township of,           422369  October 31,       ......do...............   Do.
     Clarion County.                           1975, Emerg;
                                               January 3,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
    Madison, Township of,             422370  January 16,       ......do...............   Do.
     Clarion County.                           1976, Emerg;
                                               September 30,
                                               1987, Reg;
                                               December 2,
                                               2011, Susp.
    Millcreek, Township of,           422371  May 19, 1978,     ......do...............   Do.
     Clarion County.                           Emerg; January
                                               3, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Monroe, Township of,              422372  March 1, 1976,    ......do...............   Do.
     Clarion County.                           Emerg; May 1,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    New Bethlehem, Borough of,        420296  December 26,      ......do...............   Do.
     Clarion County.                           1974, Emerg;
                                               August 15,
                                               1990, Reg;
                                               December 2,
                                               2011, Susp.
    Paint, Township of,               422373  March 26, 1976,   ......do...............   Do.
     Clarion County.                           Emerg; January
                                               3, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Perry, Township of,               421509  March 12, 1976,   ......do...............   Do.
     Clarion County.                           Emerg; May 1,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    Piney, Township of,               422374  February 18,      ......do...............   Do.
     Clarion County.                           1976, Emerg;
                                               January 3,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
    Porter, Township of,              421510  January 21,       ......do...............   Do.
     Clarion County.                           1976, Emerg;
                                               October 1,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    Redbank, Township of,             421511  April 2, 1975,    ......do...............   Do.
     Clarion County.                           Emerg; May 1,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    Richland, Township of,            422375  May 4, 1979,      ......do...............   Do.
     Clarion County.                           Emerg; October
                                               1, 1986, Reg;
                                               December 2,
                                               2011, Susp.
    Salem, Township of,               422376  April 8, 1977,    ......do...............   Do.
     Clarion County.                           Emerg; January
                                               3, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Sligo, Borough of, Clarion        421506  March 25, 1976,   ......do...............   Do.
     County.                                   Emerg; August
                                               15, 1990, Reg;
                                               December 2,
                                               2011, Susp.
    Toby, Township of, Clarion        422377  April 28, 1976,   ......do...............   Do.
     County.                                   Emerg; January
                                               3, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Washington, Township of,          422378  January 14,       ......do...............   Do.
     Clarion County.                           1980, Emerg;
                                               February 1,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
 

[[Page 74719]]

 
           Region IV
 
Alabama:
    Brundidge, City of, Pike          010347  April 13, 1990,   ......do...............   Do.
     County.                                   Emerg; June 1,
                                               1994, Reg;
                                               December 2,
                                               2011, Susp.
    Goshen, Town of, Pike             010284  October 8, 1976,  ......do...............   Do.
     County.                                   Emerg; April 2,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    Pike County,                      010286  May 18, 1977,     ......do...............   Do.
     Unincorporated Areas.                     Emerg; August
                                               1, 1987, Reg;
                                               December 2,
                                               2011, Susp.
    Troy, City of, Pike County        010285  December 17,      ......do...............   Do.
                                               1974, Emerg;
                                               September 18,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
 
           Region V
 
Illinois:
    Hardin County,                    171002  N/A, Emerg; N/A,  Nov. 2, 2011...........  Nov. 2, 2011.
     Unincorporated Areas.                     Reg; November
                                               2, 2011, Susp.
    Gallatin County,                  170900  July 29, 1975,    Dec. 2, 2011...........  Dec. 2, 2011.
     Unincorporated Areas.                     Emerg; February
                                               1, 1984, Reg;
                                               December 2,
                                               2011, Susp.
    Junction, Village of,             170245  May 21, 1975,     ......do...............   Do.
     Gallatin County.                          Emerg; January
                                               5, 1984, Reg;
                                               December 2,
                                               2011, Susp.
    New Haven, Village,               170246  October 1, 1975,  ......do...............   Do.
     Gallatin County.                          Emerg; August
                                               5, 1986, Reg;
                                               December 2,
                                               2011, Susp.
    Omaha, Village of,                170248  August 1, 1975,   ......do...............   Do.
     Gallatin County.                          Emerg;
                                               September 18,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
    Ridgway, Village of,              170249  July 29, 1975,    ......do...............   Do.
     Gallatin County.                          Emerg; July 18,
                                               1985, Reg;
                                               December 2,
                                               2011, Susp.
Indiana:
    Clinton County,                   180029  February 13,      ......do...............   Do.
     Unincorporated Areas.                     1976, Emerg;
                                               September 1,
                                               1988, Reg;
                                               December 2,
                                               2011, Susp.
    Frankfort, City of,               180030  June 18, 1975,    ......do...............   Do.
     Clinton County.                           Emerg; June 11,
                                               1976, Reg;
                                               December 2,
                                               2011, Susp.
Minnesota:
    Apple Valley, City of,            270050  April 14, 2006,   ......do...............   Do.
     Dakota County.                            Emerg; May 1,
                                               2008, Reg;
                                               December 2,
                                               2011, Susp.
    Burnsville, City of,              270102  February 9,       ......do...............   Do.
     Dakota County.                            1973, Emerg;
                                               September 1,
                                               1977, Reg;
                                               December 2,
                                               2011, Susp.
    Dakota County,                    270101  March 4, 1974,    ......do...............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1981, Reg;
                                               December 2,
                                               2011, Susp.
    Eagan, City of, Dakota            270103  July 1, 1975,     ......do...............   Do.
     County.                                   Emerg; August
                                               11, 1978, Reg;
                                               December 2,
                                               2011, Susp.
    Farmington, City of,              270104  July 22, 1975,    ......do...............   Do.
     Dakota County.                            Emerg; March 1,
                                               1979, Reg;
                                               December 2,
                                               2011, Susp.
    Hastings, City of, Dakota         270105  March 9, 1973,    ......do...............   Do.
     County.                                   Emerg; July 16,
                                               1980, Reg;
                                               December 2,
                                               2011, Susp.
    Inver Grove Heights, City         270106  April 9, 1974,    ......do...............   Do.
     of, Dakota County.                        Emerg; August
                                               1, 1980, Reg;
                                               December 2,
                                               2011, Susp.
    Lakeville, City of, Dakota        270107  February 12,      ......do...............   Do.
     County.                                   1974, Emerg;
                                               May 1, 1979,
                                               Reg; December
                                               2, 2011, Susp.
    Lilydale, City of, Dakota         275241  April 9, 1971,    ......do...............   Do.
     County.                                   Emerg; February
                                               9, 1973, Reg;
                                               December 2,
                                               2011, Susp.
    Mendota, City of, Dakota          270109  April 20, 1979,   ......do...............   Do.
     County.                                   Emerg; April
                                               15, 1985, Reg;
                                               December 2,
                                               2011, Susp.
    Mendota Heights, City of,         270110  July 14, 1978,    ......do...............   Do.
     Dakota County.                            Emerg; June 22,
                                               1984, Reg;
                                               December 2,
                                               2011, Susp.
    Miesville, City of, Dakota        270111  December 21,      ......do...............   Do.
     County.                                   1978, Emerg;
                                               December 21,
                                               1978, Reg;
                                               December 2,
                                               2011, Susp.
    Northfield, City of,              270406  April 10, 1974,   ......do...............   Do.
     Dakota County.                            Emerg;
                                               September 2,
                                               1981, Reg;
                                               December 2,
                                               2011, Susp.
    Randolph, City of, Dakota         270112  June 5, 1975,     ......do...............   Do.
     County.                                   Emerg; July 16,
                                               1980, Reg;
                                               December 2,
                                               2011, Susp.
    Rosemount, City of, Dakota        270113  August 14, 1975,  ......do...............   Do.
     County.                                   Emerg; July 16,
                                               1980, Reg;
                                               December 2,
                                               2011, Susp.
    South St. Paul, City of,          270114  May 30, 1974,     ......do...............   Do.
     Dakota County.                            Emerg; June 18,
                                               1980, Reg;
                                               December 2,
                                               2011, Susp.
    Vermillion, City of,              270115  October 6, 1975,  ......do...............   Do.
     Dakota County.                            Emerg; November
                                               1, 1979, Reg;
                                               December 2,
                                               2011, Susp.
    Medford, City of, Steele          270462  August 15, 1975,  ......do...............   Do.
     County.                                   Emerg;
                                               September 2,
                                               1981, Reg;
                                               December 2,
                                               2011, Susp.
    Owatonna, City of, Steele         270463  May 16, 1974,     ......do...............   Do.
     County.                                   Emerg; November
                                               4, 1981, Reg;
                                               December 2,
                                               2011, Susp.

[[Page 74720]]

 
    Steele County,                    270635  April 30, 1974,   ......do...............   Do.
     Unincorporated Areas.                     Emerg; November
                                               4, 1981, Reg;
                                               December 2,
                                               2011, Susp.
Wisconsin:
    Boyceville, Village of,           550119  June 23, 1975,    ......do...............   Do.
     Dunn County.                              Emerg; November
                                               19, 1986, Reg;
                                               December 2,
                                               2011, Susp.
    Colfax, Village of, Dunn          550120  July 21, 1975,    ......do...............   Do.
     County.                                   Emerg; August
                                               16, 1988, Reg;
                                               December 2,
                                               2011, Susp.
    Downing, Village of, Dunn         550121  April 6, 1976,    ......do...............   Do.
     County.                                   Emerg;
                                               September 4,
                                               1986, Reg;
                                               December 2,
                                               2011, Susp.
    Dunn County,                      550118  March 26, 1971,   ......do...............   Do.
     Unincorporated Areas.                     Emerg; October
                                               15, 1981, Reg;
                                               December 2,
                                               2011, Susp.
    Menomonie, City of, Dunn          550123  January 7, 1976,  ......do...............   Do.
     County.                                   Emerg; January
                                               3, 1990, Reg;
                                               December 2,
                                               2011, Susp.
    Wheeler, Village of, Dunn         550124  January 15,       ......do...............   Do.
     County.                                   1976, Emerg;
                                               March 15, 1984,
                                               Reg; December
                                               2, 2011, Susp.
 
           Region VI
 
Louisiana:
    Iberia Parish,                    220078  April 27, 1973,   ......do...............   Do.
     Unincorporated Areas.                     Emerg; July 3,
                                               1978, Reg;
                                               December 2,
                                               2011, Susp.
    Loreauville, Village of,          220081  May 10, 1973,     ......do...............   Do.
     Iberia Parish.                            Emerg; May 25,
                                               1978, Reg;
                                               December 2,
                                               2011, Susp.
    New Iberia, City of,              220082  April 27, 1973,   ......do...............   Do.
     Iberia Parish.                            Emerg; August
                                               22, 1978, Reg;
                                               December 2,
                                               2011, Susp.
 
           Region IX
 
Arizona:
    Nogales, City of, Santa           040091  April 14, 1975,   ......do...............   Do.
     Cruz County.                              Emerg; April
                                               15, 1981, Reg;
                                               December 2,
                                               2011, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2011-30909 Filed 11-30-11; 8:45 am]
BILLING CODE 9111-12-P