2646 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements. 

Dated: January 4, 2012. 

Jared Blumenfeld, 

Regional Administrator, Region IX. 

Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220, is amended by 

adding paragraphs (c)(379)(i)(D) to read 

as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(379) * * * 

(i) * * * 

(D) Placer County Air Pollution 

Control District 

(1) Rule 233, ‘‘Biomass Boilers,’’ 

amended on December 10, 2009. 

* * * * * 

[FR Doc. 2012–841 Filed 1–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8213] 

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, 

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 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 


EMCDONALD on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 2647 

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: 

Antrim, Township of, Franklin County ... 421233 March 26, 1974, Emerg; April 24, 1981, 

Reg; January 18, 2012, Susp. 

Jan. 18, 2012 ... Jan. 18, 2012. 

Benezette, Township of, Elk County ..... 422612 August 8, 1979, Emerg; June 1, 1987, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Bessemer, Borough of, Lawrence 

County.

422627 August 1, 1975, Emerg; July 9, 1982, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Chambersburg, Borough of, Franklin 

County.

420469 February 2, 1973, Emerg; July 17, 1978, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Ellport, Borough of, Lawrence County .. 422462 March 9, 1976, Emerg; November 17, 

1978, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Ellwood City, Borough of, Lawrence 

County.

420567 October 3, 1974, Emerg; June 1, 1982, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Enon Valley, Borough of, Lawrence 

County.

422463 August 11, 1975, Emerg; August 3, 1984, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Fannett, Township of, Franklin County 422424 February 13, 1976, Emerg; October 29, 

1982, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Fox, Township of, Elk County ............... 421608 December 19, 1975, Emerg; November 2, 

1990, Reg; January 18, 2012, Susp. 

......do* .............. Do. 

Greencastle, Borough of, Franklin 

County.

420470 April 24, 1975, Emerg; September 30, 

1976, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Greene, Township of, Franklin County 421649 June 18, 1974, Emerg; November 2, 1990, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Guilford, Township of, Franklin County 421650 January 20, 1976, Emerg; June 18, 1990, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Hamilton, Township of, Franklin County 421651 September 17, 1974, Emerg; June 18, 

1990, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Hickory, Township of, Lawrence County 421792 April 7, 1975, Emerg; August 2, 1982, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Highland, Township of, Elk County ....... 421609 January 29, 1976, Emerg; December 1, 

1986, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Horton, Township of, Elk County .......... 421610 June 12, 1980, Emerg; December 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Jay, Township of, Elk County ................ 421611 January 13, 1976, Emerg; December 1, 

1986, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Johnsonburg, Borough of, Elk County .. 420443 February 2, 1973, Emerg; September 29, 

1978, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Jones, Township of, Elk County ............ 421612 January 27, 1976, Emerg; December 1, 

1986, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Letterkenny, Township of, Franklin 

County.

422425 April 30, 1979, Emerg; September 17, 

1982, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Little Beaver, Township of, Lawrence 

County.

422464 December 22, 1975, Emerg; May 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Lurgan, Township of, Franklin County .. 421652 October 28, 1975, Emerg; September 1, 

1978, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Mahoning, Township of, Lawrence 

County.

421793 April 29, 1975, Emerg; February 18, 1983, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Mercersburg, Borough of, Franklin 

County.

420471 August 6, 1975, Emerg; March 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Metal, Township of, Franklin County ..... 421653 January 16, 1976, Emerg; September 1, 

1986, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Millstone, Township of, Elk County ....... 421613 March 8, 1977, Emerg; December 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Mont Alto, Borough of, Franklin County 420472 July 9, 1975, Emerg; July 16, 1990, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Montgomery, Township of, Franklin 

County.

422426 August 1, 1979, Emerg; August 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 


EMCDONALD on DSK29S0YB1PROD with RULES
2648 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 

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 

Neshannock, Township of, Lawrence 

County.

421794 November 22, 1974, Emerg; May 17, 1982, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

New Castle, City of, Lawrence County 420568 August 31, 1973, Emerg; August 15, 1978, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

New Wilmington, Borough of, Lawrence 

County.

420569 November 8, 1974, Emerg; August 3, 1984, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

North Beaver, Township of, Lawrence 

County.

421795 March 2, 1977, Emerg; August 19, 1987, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Peters, Township of, Franklin County ... 421654 August 14, 1975, Emerg; September 1, 

1986, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Plain Grove, Township of, Lawrence 

County.

421797 August 1, 1979, Emerg; August 3, 1984, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Pulaski, Township of, Lawrence County 421798 October 21, 1974, Emerg; December 31, 

1982, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Quincy, Township of, Franklin County .. 421655 September 27, 1982, Emerg; July 16, 1990, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Ridgway, Borough of, Elk County ......... 420444 September 1, 1972, Emerg; February 15, 

1980, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Ridgway, Township of, Elk County ....... 420445 May 15, 1973, Emerg; September 29, 1978, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Scott, Township of, Lawrence County .. 421799 July 23, 1974, Emerg; November 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Shenango, Township of, Lawrence 

County.

421029 January 28, 1974, Emerg; April 3, 1978, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Slippery Rock, Township of, Lawrence 

County.

422466 March 1, 1977, Emerg; November 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

South New Castle, Borough of, Lawrence County.422467 February 18, 1976, Emerg; July 31, 1978, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Southampton, Township of, Franklin 

County.

421657 June 17, 1975, Emerg; May 15, 1986, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Spring Creek, Township of, Elk County 421614 March 8, 1977, Emerg; December 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

St. Marys, City of, Elk County ............... 420446 October 25, 1973, Emerg; August 15, 1980, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

St. Thomas, Township of, Franklin 

County.

421656 August 15, 1975, Emerg; July 16, 1990, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Taylor, Township of, Lawrence County 421800 July 30, 1975, Emerg; August 3, 1984, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Union, Township of, Lawrence County 421801 April 21, 1975, Emerg; November 5, 1982, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Volant, Borough of, Lawrence County .. 421790 July 23, 1975, Emerg; September 28, 1979, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Wampum, Borough of, Lawrence County.421791 December 26, 1974, Emerg; August 3, 

1984, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Warren, Township of, Franklin County .. 422427 February 17, 1976, Emerg; September 1, 

1986, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Washington, Township of, Franklin 

County.

421658 July 1, 1975, Emerg; June 3, 1986, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Washington, Township of, Lawrence 

County.

422468 April 3, 1979, Emerg; September 24, 1984, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Wayne, Township of, Lawrence County 422469 June 27, 1975, Emerg; May 3, 1982, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Waynesboro, Borough of, Franklin 

County.

420473 May 4, 1973, Emerg; November 1, 1985, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Wilmington, Township of, Lawrence 

County.

421802 August 12, 1974, Emerg; June 1, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Region IV 

Mississippi: 

Doddsville, Town of, Sunflower County 280162 April 15, 1975, Emerg; July 17, 1986, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Drew, City of, Sunflower County ........... 280163 June 5, 1973, Emerg; May 1, 1978, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Durant, City of, Holmes County ............ 280074 April 1, 1974, Emerg; August 19, 1986, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Holmes County, Unincorporated Areas 280211 April 11, 1974, Emerg; September 15, 

1989, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Moorhead, City of, Sunflower County ... 280166 May 24, 1973, Emerg; April 17, 1978, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Ruleville, Town of, Sunflower County ... 280167 May 14, 1973, Emerg; May 1, 1978, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 


EMCDONALD on DSK29S0YB1PROD with RULES
Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 2649 

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 

Sunflower, Town of, Sunflower County 280168 May 14, 1973, Emerg; July 17, 1978, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Sunflower County, Unincorporated 

Areas.

280195 May 4, 1973, Emerg; September 28, 1979, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Region V 

Indiana: 

Boone County, Unincorporated Areas .. 180011 November 26, 1975, Emerg; September 16, 

1982, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Cedar Lake, Town of, Lake County ...... 180127 July 25, 1975, Emerg; March 15, 1982, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Crown Point, City of, Lake County ........ 180128 January 31, 1975, Emerg; March 18, 1980, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Dyer, Town of, Lake County ................. 180129 October 10, 1974, Emerg; May 15, 1984, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

East Chicago, City of, Lake County ...... 180130 February 26, 1975, Emerg; June 4, 1980, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Gary, City of, Lake County .................... 180132 March 17, 1975, Emerg; March 16, 1981, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Griffith, Town of, Lake County .............. 185175 February 26, 1971, Emerg; April 14, 1972, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Hammond, City of, Lake County ........... 180134 December 10, 1974, Emerg; March 16, 

1981, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Highland, Town of, Lake County ........... 185176 May 21, 1971, Emerg; May 19, 1972, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Hobart, City of, Lake County ................. 180136 February 14, 1975, Emerg; December 4, 

1979, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Lake County, Unincorporated Areas ..... 180126 July 25, 1973, Emerg; September 2, 1981, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Lake Station, City of, Lake County ....... 180131 March 27, 1975, Emerg; September 5, 

1979, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Lebanon, City of, Boone County ........... 180013 June 25, 1975, Emerg; May 3, 1982, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Lowell, Town of, Lake County ............... 180137 January 31, 1975, Emerg; December 4, 

1979, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Merrillville, Town of, Lake County ......... 180138 February 16, 1973, Emerg; October 15, 

1981, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Munster, Town of, Lake County ............ 180139 November 11, 1974, Emerg; May 16, 1983, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

New Chicago, Town of, Lake County ... 180140 March 13, 1975, Emerg; January 2, 1980, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Schererville, Town of, Lake County ...... 180142 March 17, 1975, Emerg; May 1, 1980, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Schneider, Town of, Lake County ......... 180143 March 3, 1976, Emerg; August 1, 1980, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

St. John, Town of, Lake County ............ 180141 January 20, 1975, Emerg; November 1, 

1979, Reg; January 18, 2012, Susp. 

......do ............... Do. 

Thorntown, Town of, Boone County ..... 180014 April 29, 1975, Emerg; July 21, 1978, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Whitestown, Town of, Boone County .... 180015 August 5, 1975, Emerg; April 5, 1988, Reg; 

January 18, 2012, Susp. 

......do ............... Do. 

Whiting, City of, Lake County ................ 180313 March 9, 1977, Emerg; March 6, 1981, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Winfield, Town of, Lake County ............ 180515 N/A, Emerg; November 14, 1997, Reg; January 18, 2012, Susp. ......do ............... Do. 

Zionsville, Town of, Boone County ....... 180016 May 2, 1975, Emerg; December 15, 1981, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Michigan: Higgins, Township of, 

Roscommon County.

261011 December 22, 1997, Emerg; N/A, Reg; January 18, 2012, Susp. ......do ............... Do. 

Region VI 

Oklahoma: 

Mooreland, Town of, Woodward County 400230 August 16, 1974, Emerg; June 19, 1985, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Woodward, City of, Woodward County 400232 April 30, 1974, Emerg; December 16, 1980, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

Woodward County, Unincorporated 

Areas.

400500 June 29, 1990, Emerg; January 17, 1997, 

Reg; January 18, 2012, Susp. 

......do ............... Do. 

*do = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 


EMCDONALD on DSK29S0YB1PROD with RULES
2650 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Rules and Regulations 

Dated: January 12, 2012. 

David L. Miller, 

Associate Administrator, Federal Insurance 

and Mitigation Administration, Department 

of Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2012–929 Filed 1–18–12; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2011–0002; Internal 

Agency Docket No. FEMA–8211] 

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, 

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 

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: 


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