2012-3887. Suspension of Community Eligibility

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.

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, [phone].

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 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]

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.

§ 64.6

[Amended]

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

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region III
Pennsylvania:	Allegheny, Township of, Blair County	420961	November 5, 1973, Emerg; April 3, 1985, Reg; March 2, 2012, Susp.	March 2, 2012
Altoona, City of, Blair County	420159	September 26, 1973, Emerg; March 2, 1983, Reg; March 2, 2012, Susp.	......do*	Do.
Antis, Township of, Blair County	421385	July 30, 1975, Emerg; February 4, 1981, Reg; March 2, 2012, Susp.	......do*	Do.
Bedford, Borough of, Bedford County	421228	July 17, 1974, Emerg; September 2, 1988, Reg; March 2, 2012, Susp.	......do	Do.
Bedford, Township of, Bedford County	421331	July 30, 1975, Emerg; October 17, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Bellwood, Borough of, Blair County	420160	May 18, 1976, Emerg; June 1, 1979, Reg; March 2, 2012, Susp.	......do	Do.
Blair, Township of, Blair County	421386	August 1, 1975, Emerg; January 18, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Bloomfield, Township of, Bedford County	421332	March 19, 1984, Emerg; October 5, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Broad Top, Township of, Bedford County	421333	August 7, 1975, Emerg; June 4, 1990, Reg; March 2, 2012, Susp.	......do	Do.
Catharine, Township of, Blair County	420962	October 4, 1973, Emerg; August 1, 1980, Reg; March 2, 2012, Susp.	......do	Do.
Coaldale, Borough of, Bedford County	420118	June 16, 1975, Emerg; April 16, 1990, Reg; March 2, 2012, Susp.	......do	Do.
Colerain, Township of, Bedford County	421334	March 20, 1984, Emerg; October 5, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Cumberland Valley, Township of, Bedford County	421335	July 23, 1975, Emerg; October 15, 1985, Reg; March 2, 2012, Susp.	......do	Do.
Duncansville, Borough of, Blair County	420161	August 22, 1974, Emerg; September 28, 1984, Reg; March 2, 2012, Susp.	......do	Do.
East Providence, Township of, Bedford County	421336	June 17, 1975, Emerg; June 19, 1989, Reg; March 2, 2012, Susp.	......do	Do.
East Saint Clair, Township of, Bedford County	421337	March 3, 1977, Emerg; June 19, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Everett, Borough of, Bedford County	420119	January 13, 1975, Emerg; November 16, 1990, Reg; March 2, 2012, Susp.	......do	Do.
Frankstown, Township of, Blair County	421387	August 16, 1974, Emerg; June 15, 1981, Reg; March 2, 2012, Susp.	......do	Do.
Freedom, Township of, Blair County	421388	July 31, 1975, Emerg; September 16, 1981, Reg; March 2, 2012, Susp.	......do	Do.
Greenfield, Township of, Blair County	421389	July 28, 1975, Emerg; April 1, 1982, Reg; March 2, 2012, Susp.	......do	Do.
Harrison, Township of, Bedford County	421338	October 24, 1975, Emerg; July 4, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Hollidaysburg, Borough of, Blair County	420162	March 30, 1973, Emerg; June 1, 1982, Reg; March 2, 2012, Susp.	......do	Do.
Hopewell, Borough of, Bedford County	420120	July 3, 1975, Emerg; September 15, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Hopewell, Township of, Bedford County	421339	July 28, 1975, Emerg; September 6, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Huston, Township of, Blair County	422332	February 6, 1976, Emerg; September 30, 1980, Reg; March 2, 2012, Susp.	......do	Do.
Hyndman, Borough of, Bedford County	420121	April 29, 1975, Emerg; December 15, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Juniata, Township of, Bedford County	421340	September 4, 1975, Emerg; December 16, 1977, Reg; March 2, 2012, Susp.	......do	Do.
Juniata, Township of, Blair County	421390	February 3, 1976, Emerg; September 16, 1981, Reg; March 2, 2012, Susp.	......do	Do.
Kimmel, Township of, Bedford County	421341	July 2, 1975, Emerg; October 15, 1985, Reg; March 2, 2012, Susp.	......do	Do.
King, Township of, Bedford County	421342	May 11, 1984, Emerg; August 15, 1990, Reg; March 2, 2012, Susp.	......do	Do.
Liberty, Township of, Bedford County	421343	May 28, 1975, Emerg; September 30, 1988, Reg; March 2, 2012, Susp.	......do	Do.
Lincoln, Township of, Bedford County	421344	August 21, 1975, Emerg; September 30, 1988, Reg; March 2, 2012, Susp.	......do	Do.
Logan, Township of, Blair County	421391	November 24, 1975, Emerg; September 28, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Londonderry, Township of, Bedford County	421345	August 12, 1975, Emerg; July 17, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Mann, Township of, Bedford County	421346	August 26, 1975, Emerg; September 1, 1978, Reg; March 2, 2012, Susp.	......do	Do.
Manns Choice, Borough of, Bedford County	421325	March 2, 1977, Emerg; September 6, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Martinsburg, Borough of, Blair County	421384	February 9, 1976, Emerg; April 20, 1979, Reg; March 2, 2012, Susp.	......do	Do.
Monroe, Township of, Bedford County	421347	June 10, 1975, Emerg; October 15, 1985, Reg; March 2, 2012, Susp.	......do	Do.
Napier, Township of, Bedford County	421348	January 20, 1978, Emerg; September 6, 1989, Reg; March 2, 2012, Susp.	......do	Do.
New Paris, Borough of, Bedford County	421326	May 12, 1975, Emerg; July 21, 1978, Reg; March 2, 2012, Susp.	......do	Do.
Newry, Borough of, Blair County	422333	March 10, 1976, Emerg; January 18, 1984, Reg; March 2, 2012, Susp.	......do	Do.
North Woodbury, Township of, Blair County	421392	February 6, 1976, Emerg; September 16, 1981, Reg; March 2, 2012, Susp.	......do	Do.
Pavia, Township of, Bedford County	421352	April 29, 1975, Emerg; June 1, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Pleasantville, Borough of, Bedford County	421327	March 8, 1977, Emerg; September 30, 1988, Reg; March 2, 2012, Susp.	......do	Do.
Rainsburg, Borough of, Bedford County	420122	April 29, 1975, Emerg; May 27, 1977, Reg; March 2, 2012, Susp.	......do	Do.
Roaring Spring, Borough of, Blair County	420163	September 4, 1973, Emerg; September 1, 1977, Reg; March 2, 2012, Susp.	......do	Do.
Saxton, Borough of, Bedford County	420123	September 26, 1974, Emerg; January 26, 1983, Reg; March 2, 2012, Susp.	......do	Do.
Snake Spring, Township of, Bedford County	421349	February 28, 1977, Emerg; July 4, 1988, Reg; March 2, 2012, Susp.	......do	Do.
Snyder, Township of, Blair County	421393	June 10, 1975, Emerg; February 2, 1983, Reg; March 2, 2012, Susp.	......do	Do.
South Woodbury, Township of, Bedford County	421350	June 5, 1985, Emerg; February 19, 1986, Reg; March 2, 2012, Susp.	......do	Do.
Southampton, Township of, Bedford County	421351	July 13, 1984, Emerg; September 1, 1987, Reg; March 2, 2012, Susp.	......do	Do.
Taylor, Township of, Blair County	421394	July 2, 1975, Emerg; September 30, 1980, Reg; March 2, 2012, Susp.	......do	Do.
Tyrone, Borough of, Blair County	420164	July 9, 1973, Emerg; May 2, 1983, Reg; March 2, 2012, Susp.	......do	Do.
Tyrone, Township of, Blair County	421395	December 17, 1975, Emerg; June 18, 1980, Reg; March 2, 2012, Susp.	......do	Do.
West Providence, Township of, Bedford County	421353	November 11, 1974, Emerg; July 4, 1989, Reg; March 2, 2012, Susp.	......do	Do.
West Saint Clair, Township of, Bedford County	421354	April 22, 1975, Emerg; July 17, 1989, Reg; March 2, 2012, Susp.	......do	Do.
Williamsburg, Borough of, Blair County	420165	August 7, 1973, Emerg; March 1, 1978, Reg; March 2, 2012, Susp.	......do	Do.
Woodbury, Borough of, Bedford County	421330	July 5, 1978, Emerg; September 24, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Woodbury, Township of, Bedford County	421355	August 9, 1982, Emerg; August 24, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Woodbury, Township of, Blair County	420963	September 26, 1973, Emerg; May 15, 1980, Reg; March 2, 2012, Susp.	......do	Do.
West Virginia:
Reedy, Town of, Roane County	540184	September 11, 1974, Emerg; December 1, 1978, Reg; March 2, 2012, Susp.	......do	Do.
Roane County, Unincorporated Areas	540183	January 20, 1978, Emerg; September 10, 1984, Reg; March 2, 2012, Susp.	......do	Do.
Spencer, City of, Roane County	540185	November 25, 1974, Emerg; January 3, 1979, Reg; March 2, 2012, Susp.	......do	Do.
Region IV
Mississippi: Anguilla, Town of, Sharkey County	280153	May 14, 1973, Emerg; July 3, 1986, Reg; March 2, 2012, Susp.	......do	Do.
Region VI
Arkansas: Sebastian County, Unincorporated Areas	050462	January 27, 1983, Emerg; April 1, 1988, Reg; March 2, 2012, Susp.	......do	Do.
Region VII
Missouri: Canton, City of, Lewis County	290204	March 25, 1974, Emerg; February 1, 1977, Reg; March 2, 2012, Susp.	......do	Do.
Region VIII
North Dakota:	Hettinger County, Unincorporated Areas	380293	July 7, 1975, Emerg; February 19, 1987, Reg; March 2, 2012, Susp.	......do
Mott, City of, Hettinger County	380038	October 20, 1972, Emerg; December 15, 1976, Reg; March 2, 2012, Susp.	......do	Do.
Regent, City of, Hettinger County	380198	August 5, 1975, Emerg; January 30, 1984, Reg; March 2, 2012, Susp.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: February 7, 2012.

David L. Miller,

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