Suspension of Community Eligibility, 67372-67375 [2011-28217]
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67372
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
solution, including the exchange/sale
authority authorized under law.
Comment: Generally characterized as
‘The exchange/sale program only
returns ‘‘pennies on the dollar’’ to the
agency, whereas disposing of the asset
through other methods provides a
greater benefit to other agencies or
donees.’ (3 comments).
GSA Response: It is in agencies’ best
interests to maximize their available
funds by obtaining the best return on
their personal property investments.
Therefore, there is little support for the
comment that agencies would
intentionally fund their aviation
requirements by selling their aviation
assets for anything less than the best
price.
Also, GSA notes that the exchange/
sale regulation at FMR § 102–39.55
allows agencies to offer personal
property through either a reimbursable
transfer with another agency, or through
a negotiated sale with a State Agencies
for Surplus Property (SASP). GSA is not
aware of any such request by an agency
or SASP offering to pay below-fairmarket value to obtain aviation
property. If the holding agency were
truly selling items at just pennies on the
dollar, then we would expect other
Federal agencies and SASPs to be eager
to obtain such assets at bargain prices.
However, GSA has never observed such
a transaction, leading to the conclusion
that agencies are not willing to sell
aircraft for minimal, below-fair-market
value prices.
Comment: Generally characterized as
‘‘the exchange/sale authorities should
be subordinate to the donation
authorities.’’ (2 comments)
GSA Response: GSA recognizes the
vast benefits provided to the nation by
the utilization and donation programs.
At the same time, GSA also recognizes
that under the expressed direction of
Congress contained in 40 U.S.C. 503, the
authority to conduct exchange/sale
transactions is granted directly to
Federal agencies (40 U.S.C. 503(a)). On
the other hand the donation program
authority is granted exclusively to GSA,
with such transfers being made at GSA’s
discretion (40 U.S.C. 549(b)). GSA
therefore rejects the argument that its
discretionary authority takes precedence
over statutory authority granted to all
other agencies. GSA also reiterates the
argument that donation authority
applies only to surplus property,
whereas exchange/sale authority applies
to non-surplus property, rendering moot
any discussion of subordinate and
superior authorities.
Finally, there is the issue of fire
control systems and guided missiles.
Over the past several years, GSA has
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worked with Department of Defense
(DOD) agencies on deviations to allow
the exchange/sale of fire control systems
(FSC Group 12) and guided missiles
(FSC Group 14). These assets are also on
the prohibited list at FMR § 102–
39.60(a). GSA observes that the ‘‘Note’’
to this section removes the requirement
for deviations from the prohibited list
for DOD transactions of these FSC
Groups when otherwise meeting DOD
and Federal laws and regulations.
Because other, more stringent DOD and
Federal laws are in place to prevent the
inappropriate use of these assets outside
their intended use, GSA sees no value
in keeping these on the exchange/sale
prohibited list. For these reasons, and
since there would be no other
legitimate, competing interests in
obtaining this property outside the
realm in which DOD operates, GSA does
not see a need to obtain public comment
on this matter through the publication
of a proposed rule.
B. Executive Order 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
C. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the revisions are not considered
substantive. This final rule is also
exempt from the Regulatory Flexibility
Act per 5 U.S.C. 553(a)(2) because it
applies to agency management or
personnel. However, this final rule is
being published to provide transparency
in the promulgation of Federal policies.
D. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FMR do not impose information
collection requirements that require the
approval of the Office of Management
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and Budget under 44 U.S.C. 3501, et
seq.
E. Small Business Regulatory
Enforcement Fairness Act
This final rule is exempt from
Congressional review under 5 U.S.C.
801 since it relates solely to agency
management and personnel.
List of Subjects in 41 CFR Part 102–39
Government property management
and Personal property.
Dated: August 7, 2011.
Martha Johnson,
Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR part
102–39 as set forth below:
PART 102–39—REPLACEMENT OF
PERSONAL PROPERTY PURSUANT
TO THE EXCHANGE/SALE AUTHORITY
1. The authority citation for 41 CFR
part 102–39 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 40 U.S.C. 503.
2. Amend § 102–39.60—
a. In paragraph (a) by removing the
third entry ‘‘12 Fire control equipment’’,
the fourth entry ‘‘14 Guided missiles’’;
and, the fifth entry ‘‘15 Aircraft and
airframe structural components (except
FSC Class 1560 Airframe Structural
Components)’’;
■ b. In paragraph (l) by removing ‘‘584’’
and adding ‘‘548’’ in its place; and
■ c. By adding paragraph (m) to read as
follows:
■
■
§ 102–39.60 What restrictions and
prohibitions apply to the exchange/sale of
personal property?
*
*
*
*
*
(m) Aircraft and aircraft parts, unless
there is full compliance with all
exchange/sale provisions in part 102–33
of this chapter (41 CFR part 102–33).
[FR Doc. 2011–27757 Filed 10–31–11; 8:45 am]
BILLING CODE 6820–14–P
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
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
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
SUMMARY:
Community
No.
State and location
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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,
Region III
Pennsylvania:
Beccaria, Township of, Clearfield County.
Bigler, Township of, Clearfield County ..
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421514
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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:
■
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
April 8, 1976, Emerg; July 4, 1989, Reg;
November 2, 2011, Susp.
January 22, 1976, Emerg; November 16,
1990, Reg; November 2, 2011, Susp.
Nov. 2, 2011 .....
Nov. 2, 2011.
.....do ................
Do.
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Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
Community
No.
State and location
Bloom, Township of, Clearfield County
422379
Boggs, Township of, Clearfield County
421515
Bradford, Township of, Clearfield County.
Brady, Township of, Clearfield County ..
421516
421517
Brisbin, Borough of, Clearfield County ..
420297
Burnside, Borough of, Clearfield County
420298
Burnside, Township of, Clearfield County.
Chest, Township of, Clearfield County ..
421518
Clearfield, Borough of, Clearfield County.
Coalport, Borough of, Clearfield County
420300
Cooper, Township of, Clearfield County
421520
Covington, Township of, Clearfield
County.
Curwensville, Borough of, Clearfield
County.
Decatur, Township of, Clearfield County
421521
Dubois, City of, Clearfield County .........
420303
Ferguson, Township of, Clearfield
County.
Girard, Township of, Clearfield County
422380
Glen Hope, Borough of, Clearfield
County.
Goshen, Township of, Clearfield County
420305
Graham, Township of, Clearfield County.
Grampian, Borough of, Clearfield County.
Greenwood, Township of, Clearfield
County.
Gulich, Township of, Clearfield County
421519
420301
420302
421189
422381
422382
421522
420306
421523
421524
Houtzdale, Borough of, Clearfield County.
Huston, Township of, Clearfield County
420307
421525
Irvona, Borough of, Clearfield County ...
420308
Karthaus, Township of, Clearfield County.
Mahaffey, Borough of, Clearfield County.
Morris, Township of, Clearfield County
421526
420310
421529
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New
Washington,
Borough
of,
Clearfield County.
Pike, Township of, Clearfield County ....
421190
Sandy, Township of, Clearfield County
421191
Troutville, City of, Clearfield County ......
420315
Union, Township of, Clearfield County ..
421531
Westover, Borough of, Clearfield County.
420317
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Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
September 21, 1979, Emerg; August 24,
1984, Reg; November 2, 2011, Susp.
May 11, 1984, Emerg; April 1, 1986, Reg;
November 2, 2011, Susp.
November 7, 1979, Emerg; April 1, 1986,
Reg; November 2, 2011, Susp.
February 1, 1977, Emerg; August 1, 1986,
Reg; November 2, 2011, Susp.
September 21, 1976, Emerg; August 3,
1984, Reg; November 2, 2011, Susp.
February 28, 1977, Emerg; July 17, 1989,
Reg; November 2, 2011, Susp.
January 29, 1976, Emerg; August 1, 1986,
Reg; November 2, 2011, Susp.
April 11, 1980, Emerg; August 1, 1986,
Reg; November 2, 2011, Susp.
August 24, 1973, Emerg; September 5,
1979, Reg; November 2, 2011, Susp.
August 12, 1975, Emerg; July 4, 1989, Reg;
November 2, 2011, Susp.
January 13, 1976, Emerg; August 1, 1986,
Reg; November 2, 2011, Susp.
October 6, 1976, Emerg; April 1, 1986,
Reg; November 2, 2011, Susp.
April 7, 1975, Emerg; July 4, 1989, Reg;
November 2, 2011, Susp.
March 18, 1977, Emerg; November 16,
1990, Reg; November 2, 2011, Susp.
December 19, 1973, Emerg; December 1,
1978, Reg; November 2, 2011, Susp.
September 27, 1976, Emerg; August 3,
1984, Reg; November 2, 2011, Susp.
October 12, 1976, Emerg; June 17, 1986,
Reg; November 2, 2011, Susp.
March 2, 1977, Emerg; April 1, 1986, Reg;
November 2, 2011, Susp.
March 8, 1976, Emerg; April 1, 1986, Reg;
November 2, 2011, Susp.
October 5, 1976, Emerg; April 1, 1986,
Reg; November 2, 2011, Susp.
July 24, 1975, Emerg; July 4, 1989, Reg;
November 2, 2011, Susp.
August 10, 1979, Emerg; August 1, 1986,
Reg; November 2, 2011, Susp.
January 21, 1976, Emerg; November 16,
1990, Reg; November 2, 2011, Susp.
January 26, 1977, Emerg; April 1, 1986,
Reg; November 2, 2011, Susp.
February 24, 1981, Emerg; January 3,
1990, Reg; November 2, 2011, Susp.
December 6, 1976, Emerg; November 3,
1989, Reg; November 2, 2011, Susp.
February 28, 1977, Emerg; April 1, 1986,
Reg; November 2, 2011, Susp.
February 28, 1977, Emerg; July 4, 1989,
Reg; November 2, 2011, Susp.
November 17, 1975, Emerg; December 5,
1989, Reg; November 2, 2011, Susp.
March 16, 1977, Emerg; August 3, 1984,
Reg; November 2, 2011, Susp.
December 3, 1979, Emerg; September 15,
1989, Reg; November 2, 2011, Susp.
July 9, 1975, Emerg; September 6, 1989,
Reg; November 2, 2011, Susp.
March 14, 1980, Emerg; December 17,
1985, Reg; November 2, 2011, Susp.
January 12, 1984, Emerg; September 1,
1987, Reg; November 2, 2011, Susp.
July 23, 1975, Emerg; August 15, 1989,
Reg; November 2, 2011, Susp.
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67375
Federal Register / Vol. 76, No. 211 / Tuesday, November 1, 2011 / Rules and Regulations
Community
No.
Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
510183
August 29, 1973, Emerg; May 16, 1977,
Reg; November 2, 2011, Susp.
......do ...............
Do.
Region IV
Alabama:
Auburn, City of, Lee County ..................
010144
......do ...............
Do.
Lee County, Unincorporated Areas .......
010250
......do ...............
Do.
Opelika, City of, Lee County .................
010145
......do ...............
Do.
Smiths Station, City of, Lee County ......
010491
......do ...............
Do.
Demopolis, City of, Marengo County ....
010157
......do ...............
Do.
Linden, City of, Marengo County ..........
010158
......do ...............
Do.
Marengo County, Unincorporated Areas
010156
......do ...............
Do.
Providence, Town of, Marengo County
010159
......do ...............
Do.
Thomaston, Town of, Marengo County
010273
November 21, 1974, Emerg; September 16,
1981, Reg; November 2, 2011, Susp.
N/A, Emerg; December 29, 2005, Reg; November 2, 2011, Susp.
June 20, 1975, Emerg; September 16,
1981, Reg; November 2, 2011, Susp.
N/A, Emerg; August 24, 2009, Reg; November 2, 2011, Susp.
August 21, 1975, Emerg; December 17,
1987, Reg; November 2, 2011, Susp.
December 27, 1974, Emerg; September 18,
1985, Reg; November 2, 2011, Susp.
July 21, 1975, Emerg; January 17, 1990,
Reg; November 2, 2011, Susp.
N/A, Emerg; January 30, 2008, Reg; November 2, 2011, Susp.
June 8, 1976, Emerg; August 19, 1985,
Reg; November 2, 2011, Susp.
......do ...............
Do.
July 24, 1975, Emerg; June 4, 1980, Reg;
November 2, 2011, Susp.
May 12, 1975, Emerg; April 15, 1980, Reg;
November 2, 2011, Susp.
......do ...............
Do.
......do ...............
Do.
April 16, 1974, Emerg; May 4, 1988, Reg;
November 2, 2011, Susp.
November 1, 1974, Emerg; August 5, 1986,
Reg; November 2, 2011, Susp.
October 30, 1970, Emerg; October 30,
1970, Reg; November 2, 2011, Susp.
......do ...............
Do.
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State and location
Virginia: Poquoson, City of, Independent
City.
Kentucky:
McCracken County, Unincorporated
Areas.
Paducah, City of, McCracken County ...
210151
210152
Tennessee:
Claiborne
County,
Unincorporated
Areas.
New Tazewell, City of, Claiborne County.
Tazewell, City of, Claiborne County ......
470212
470030
475449
Region V
Illinois:
Cave-In-Rock, Village of, Hardin County
170274
Elizabethtown, Village of, Hardin County.
Rosiclare, City of, Hardin County ..........
170275
170276
August 27, 1975, Emerg; December 1,
1983, Reg; November 2, 2011, Susp.
July 2, 1975, Emerg; September 15, 1983,
Reg; November 2, 2011, Susp.
July 3, 1975, 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
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FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[DA 11–1689]
Radio Broadcasting Services; Various
Locations
Federal Communications
Commission.
AGENCY:
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ACTION:
Final rule.
The Audio Division, on its
own motion, updates the FM Table of
Allotments to reinstate certain vacant
FM allotments. Formerly, the FM Table
listed all vacant FM allotments as well
as FM channels and communities
occupied by authorized facilities. In
2006, the Commission removed the
allotments of authorized and awarded
FM facilities from the FM Table in order
to accommodate the new application
procedures for radio stations to change
their communities of license. However,
when an authorization is cancelled, the
vacant allotment must be reinstated in
the FM Table to preserve the
opportunity to license a future station in
the specified community. Accordingly,
SUMMARY:
PO 00000
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we are adding to the FM Table of
Allotments thirty allotments in various
communities that are considered vacant
FM allotments.
DATES: Effective November 1, 2011.
ADDRESSES: Secretary, Federal
Communications Commission, 445
Twelfth Street, SW., Washington, DC
20554.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, adopted October 6, 2011,
and released October 7, 2011. The full
text of this Commission decision is
available for inspection and copying
during normal business hours in the
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]]>Agencies
[Federal Register Volume 76, Number 211 (Tuesday, November 1, 2011)]
[Rules and Regulations]
[Pages 67372-67375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28217]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
[[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:
----------------------------------------------------------------------------------------------------------------
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
