Suspension of Community Eligibility, 66733-66737 [2012-27159]
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations
subject to OMB review. This action
merely adds language to 40 CFR
300.805(c) of the NCP to broaden the
technology, to include computer
telecommunications or other electronic
means, that the lead agency is permitted
to use to make the administrative record
file available to the public. This action
will enable the lead agency to serve the
information needs of a broader
population while maintaining the
ability to provide traditional means of
public access, such as paper copies and
microform, to the administrative record
file. This action does not impose any
requirements on any entity, including
small entities. Therefore, pursuant to
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.), after considering the
economic impacts of this action on
small entities, I certify that this action
will not have a significant economic
impact on a substantial number of small
entities. This action does not contain
any unfunded mandates or significantly
or uniquely affect small governments as
described in Sections 202 and 205 of the
Unfunded Mandates Reform Act of 1999
(UMRA) (Pub. L. 104–4). This action
does not create new binding legal
requirements that substantially and
directly affect Tribes under Executive
Order 13175 (63 FR 67249, November 9,
2000). This action does not have
significant Federalism implications
under Executive Order 13132 (64 FR
43255, August 10, 1999). Because this
action has been exempted from review
under Executive Order 12866, this final
rule is not subject to Executive Order
13211, entitled Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled Protection of
Children from Environmental Health
Risks and Safety Risks (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA), 44
U.S.C. 3501 et seq., nor does it require
any special considerations under
Executive Order 12898, entitled Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations (59 FR 7629,
February 16, 1994). This action does not
involve technical standards; thus, the
requirements of Section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272) do not apply. The Congressional
Review Act, 5 U.S.C. 801 et seq.,
generally provides that before certain
actions may take effect, the agency
promulgating the action must submit a
report, which includes a copy of the
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17:07 Nov 06, 2012
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action, to each House of the Congress
and to the Comptroller General of the
United States. Because this action does
not contain legally binding
requirements, it is not subject to the
Congressional Review Act.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: October 26, 2012
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
For the reasons set out above, title 40,
chapter I of the Code of Federal
Regulations is amended as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp.,p.351; E.O. 12580, 52 FR 2923,
3 CFR, 1987 Comp., p.193.
2. Section 300.805 is amended by
revising paragraph (c) to read as follows:
■
§ 300.805 Location of the administrative
record file.
*
*
*
*
*
(c) The lead agency may make the
administrative record file available to
the public in microform, computer
telecommunications, or other electronic
means.
[FR Doc. 2012–26970 Filed 11–6–12; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8253]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
This rule identifies
communities where the sale of flood
insurance has been authorized under
the National Flood Insurance Program
SUMMARY:
PO 00000
Frm 00031
Fmt 4700
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66733
(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. Also, information
identifying the current participation
status of a community can be obtained
from FEMA’s Community Status Book
(CSB). The CSB is available at https://
www.fema.gov/fema/csb.shtm.
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, (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 measures 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
to be eligible for the sale of NFIP flood
insurance. A notice withdrawing the
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations
suspension of such 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 procedures 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, Section 1315, 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
Community
No.
State and location
420596
Avoca, Borough of, Luzerne County .....
420597
Bear Creek, Township of, Luzerne
County.
Bear Creek Village, Borough of,
Luzerne County.
Black Creek, Township of, Luzerne
County.
Buck, Township of, Luzerne County .....
421136
Butler, Township of, Luzerne County ....
420599
Conyngham, Borough of, Luzerne
County.
Conyngham, Township of, Luzerne
County.
Courtdale, Borough of, Luzerne County
420992
Dallas, Borough of, Luzerne County .....
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Region III
Pennsylvania:
Ashley, Borough of, Luzerne County ....
421825
Dallas, Township of, Luzerne County ...
420602
Dupont, Borough of, Luzerne County ...
422250
Duryea, Borough of, Luzerne County ...
420603
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PO 00000
422756
420598
421824
420600
420601
Frm 00032
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
December 13, 1974, Emerg; September 30,
1980, Reg; November 2, 2012, Susp.
March 7, 1975, Emerg; July 16, 1981, Reg;
November 2, 2012, Susp.
March 12, 1974, Emerg; September 29,
1978, Reg; November 2, 2012, Susp.
N/A, Emerg; July 26, 2002, Reg; November
2, 2012, Susp.
March 9, 1973, Emerg; September 3, 1980,
Reg; November 2, 2012, Susp.
February 17, 1976, Emerg; April 15, 1981,
Reg; November 2, 2012, Susp.
August 16, 1973, Emerg; December 16,
1980, Reg; November 2, 2012, Susp.
August 24, 1973, Emerg; July 16, 1980,
Reg; November 2, 2012, Susp.
February 9, 1973, Emerg; February 16,
1977, Reg; November 2, 2012, Susp.
May 1, 1973, Emerg; June 1, 1979, Reg;
November 2, 2012, Susp.
April 15, 1974, Emerg; January 2, 1981,
Reg; November 2, 2012, Susp.
September 5, 1973, Emerg; April 1, 1988,
Reg; November 2, 2012, Susp.
July 29, 1974, Emerg; June 15, 1981, Reg;
November 2, 2012, Susp.
January 12, 1973, Emerg; June 18, 1980,
Reg; November 2, 2012, Susp.
Nov. 2, 2012 .....
Nov. 2, 2012
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations
Community
No.
State and location
Edwardsville, Borough of, Luzerne
County.
Exeter, Township of, Luzerne County ...
420604
420606
Fairmount, Township of, Luzerne County.
Fairview, Township of, Luzerne County
421827
420993
Forty Fort, Borough of, Luzerne County
420607
Hanover, Township of, Luzerne County
420608
Hollenback, Township of, Luzerne
County.
Hunlock, Township of, Luzerne County
421831
420994
Huntington, Township of, Luzerne
County.
Jackson, Township of, Luzerne County
421832
420610
Jenkins, Township of, Luzerne County
420611
Kingston, Borough of, Luzerne County
420612
Kingston, Township of, Luzerne County
420613
Laflin, Borough of, Luzerne County ......
420995
Lake, Township of, Luzerne County .....
421833
Larksville, Borough of, Luzerne County
420614
Lehman, Township of, Luzerne County
420615
Luzerne, Borough of, Luzerne County ..
420616
Nanticoke, City of, Luzerne County ......
420617
Nescopeck, Borough of, Luzerne County.
Nescopeck, Township of, Luzerne
County.
New Columbus, Borough of, Luzerne
County.
Newport, Township of, Luzerne County
420618
420619
421819
421822
422272
Penn Lake Park, Borough of, Luzerne
County.
Pittston, City of, Luzerne County ..........
422645
420620
Plymouth, Borough of, Luzerne County
420622
Plymouth, Township of, Luzerne County
420623
Pringle, Borough of, Luzerne County ....
420624
Rice, Township of, Luzerne County ......
420996
Ross, Township of, Luzerne County .....
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Nuangola, Borough of, Luzerne County
421835
Salem, Township of, Luzerne County ...
420625
Shickshinny, Borough of, Luzerne
County.
Union, Township of, Luzerne County ....
420626
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421836
Frm 00033
Date certain
Federal
assistance no
longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
December 1, 1972, Emerg; April 15, 1977,
Reg; November 2, 2012, Susp.
January 19, 1973, Emerg; September 15,
1983, Reg; November 2, 2012, Susp.
February 9, 1976, Emerg; April 1, 1981,
Reg; November 2, 2012, Susp.
January 23, 1974, Emerg; June 1, 1979,
Reg; November 2, 2012, Susp.
November 3, 1972, Emerg; April 1, 1977,
Reg; November 2, 2012, Susp.
October 20, 1972, Emerg; May 16, 1977,
Reg; November 2, 2012, Susp.
September 30, 1975, Emerg; September
17, 1980, Reg; November 2, 2012, Susp.
November 5, 1973, Emerg; April 1, 1980,
Reg; November 2, 2012, Susp.
July 2, 1974, Emerg; April 15, 1981, Reg;
November 2, 2012, Susp.
March 16, 1973, Emerg; September 17,
1980, Reg; November 2, 2012, Susp.
February 2, 1973, Emerg; May 16, 1977,
Reg; November 2, 2012, Susp.
October 6, 1972, Emerg; June 1, 1977,
Reg; November 2, 2012, Susp.
December 22, 1972, Emerg; January 2,
1981, Reg; November 2, 2012, Susp.
October 4, 1973, Emerg; December 2,
1980, Reg; November 2, 2012, Susp.
October 24, 1975, Emerg; September 3,
1980, Reg; November 2, 2012, Susp.
March 23, 1973, Emerg; April 1, 1977, Reg;
November 2, 2012, Susp.
July 10, 1973, Emerg; December 2, 1980,
Reg; November 2, 2012, Susp.
March 2, 1973, Emerg; April 15, 1977, Reg;
November 2, 2012, Susp.
April 4, 1973, Emerg; April 15, 1977, Reg;
November 2, 2012, Susp.
April 16, 1973, Emerg; February 1, 1980,
Reg; November 2, 2012, Susp.
March 2, 1973, Emerg; August 1, 1980,
Reg; November 2, 2012, Susp.
July 9, 1975, Emerg; March 16, 1981, Reg;
November 2, 2012, Susp.
December 17, 1975, Emerg; December 2,
1980, Reg; November 2, 2012, Susp.
October 15, 1975, Emerg; September 28,
1979, Reg; November 2, 2012, Susp.
July 12, 1976, Emerg; December 5, 1980,
Reg; November 2, 2012, Susp.
April 17, 1973, Emerg; May 2, 1977, Reg;
November 2, 2012, Susp.
October 27, 1972, Emerg; April 1, 1977,
Reg; November 2, 2012, Susp.
February 2, 1973, Emerg; April 15, 1977,
Reg; November 2, 2012, Susp.
January 19, 1973, Emerg; May 2, 1977,
Reg; November 2, 2012, Susp.
December 6, 1973, Emerg; January 2,
1981, Reg; November 2, 2012, Susp.
February 9, 1976, Emerg; April 15, 1981,
Reg; November 2, 2012, Susp.
May 23, 1973, Emerg; March 18, 1980,
Reg; November 2, 2012, Susp.
December 15, 1972, Emerg; December 31,
1976, Reg; November 2, 2012, Susp.
February 18, 1976, Emerg; September 30,
1980, Reg; November 2, 2012, Susp.
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations
Community
No.
State and location
West Hazleton, Borough of, Luzerne
County.
West Pittston, Borough of, Luzerne
County.
White Haven, Borough of, Luzerne
County.
Wilkes-Barre, City of, Luzerne County ..
421821
420628
420630
420631
Wilkes-Barre, Township of, Luzerne
County.
Wright, Township of, Luzerne County ...
421823
Wyoming, Borough of, Luzerne County
420633
420632
Region IV
Florida:
Bronson, Town of, Levy County ............
120582
Cedar Key, City of, Levy County ...........
120373
Inglis, Town of, Levy County .................
120586
Levy County, Unincorporated Areas .....
120145
Otter Creek, Town of, Levy County ......
120592
Yankeetown, Town of, Levy County .....
120147
Georgia:
Cobb County, Unincorporated Areas ....
130052
Marietta, City of, Cobb County ..............
130226
Region V
Indiana:
Batesville, City of, Ripley County ..........
180507
Ripley County, Unincorporated Areas ...
180221
Wisconsin:
Chaseburg, Village of, Vernon County ..
550451
550452
De Soto, Village of, Vernon County ......
550069
Genoa, Village of, Vernon County ........
555556
Ontario, Village of, Vernon County .......
550457
Readstown, Village of, Vernon County
550458
Stoddard, Village of, Vernon County .....
555582
Vernon County, Unincorporated Areas
550450
Viola, Village of, Vernon County ...........
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Coon Valley, Village of, Vernon County
550460
Region VII
Missouri:
Carl Junction, City of, Jasper County ...
290179
Carterville, City of, Jasper County ........
290180
Cole County, Unincorporated Areas .....
290107
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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
June 6, 1974, Emerg; July 31, 1978, Reg;
November 2, 2012, Susp.
November 24, 1972, Emerg; April 15, 1977,
Reg; November 2, 2012, Susp.
April 4, 1973, Emerg; August 1, 1977, Reg;
November 2, 2012, Susp.
December 10, 1971, Emerg; September 30,
1977, Reg; November 2, 2012, Susp.
August 13, 1974, Emerg; December 2,
1980, Reg; November 2, 2012, Susp.
May 10, 1973, Emerg; January 16, 1981,
Reg; November 2, 2012, Susp.
November 3, 1972, Emerg; November 16,
1977, Reg; November 2, 2012, Susp.
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April 11, 1980, Emerg; February 1, 1987,
Reg; November 2, 2012, Susp.
August 6, 1975, Emerg; March 1, 1984,
Reg; November 2, 2012, Susp.
January 10, 1986, Emerg; January 10,
1986, Reg; November 2, 2012, Susp.
November 13, 1970, Emerg; March 1,
1984, Reg; November 2, 2012, Susp.
February 8, 2005, Emerg; September 1,
2005, Reg; November 2, 2012, Susp.
November 13, 1970, Emerg; August 20,
1971, Reg; November 2, 2012, Susp.
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June 12, 1973, Emerg; January 3, 1979,
Reg; November 2, 2012, Susp.
September 5, 1974, Emerg; February 15,
1978, Reg; November 2, 2012, Susp.
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Do.
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N/A, Emerg; March 9, 2010, Reg; November 2, 2012, Susp.
February 11, 1976, Emerg; September 1,
1987, Reg; November 2, 2012, Susp.
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Do.
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August 25, 1975, Emerg; February 4, 1981,
Reg; November 2, 2012, Susp.
April 7, 1975, Emerg; February 4, 1981,
Reg; November 2, 2012, Susp.
December 15, 1980, Emerg; January 16,
1981, Reg; November 2, 2012, Susp.
May 7, 1971, Emerg; February 26, 1972,
Reg; November 2, 2012, Susp.
August 16, 1978, Emerg; N/A, Reg; November 2, 2012, Susp.
April 30, 1971, Emerg; March 16, 1976,
Reg; November 2, 2012, Susp.
April 23, 1971, Emerg; October 20, 1972,
Reg; November 2, 2012, Susp.
September 1, 1972, Emerg; September 29,
1978, Reg; November 2, 2012, Susp.
December 5, 1974, Emerg; June 4, 1990,
Reg; November 2, 2012, Susp.
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October 28, 1975, Emerg; June 1, 1982,
Reg; November 2, 2012, Susp.
January 17, 1977, Emerg; July 16, 1984,
Reg; November 2, 2012, Susp.
January 21, 1982, Emerg; January 21,
1982, Reg; November 2, 2012, Susp.
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Federal Register / Vol. 77, No. 216 / Wednesday, November 7, 2012 / Rules and Regulations
Community
No.
State and location
Duenweg, City of, Jasper County .........
290182
Jasper County, Unincorporated Areas ..
290807
Jefferson City, City of, Cole County ......
290108
Sarcoxie, City of, Jasper County ...........
290186
Webb City, City of, Jasper County ........
290187
Region VIII
North Dakota:
Grafton, City of, Walsh County .............
380137
Minto, City of, Walsh County .................
380138
Park River, City of, Walsh County ........
380139
Walsh County, Unincorporated Areas ...
380135
Date certain
Federal
assistance no
longer
available in
SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
N/A, Emerg; April 1, 2004, Reg; November
2, 2012, Susp.
May 15, 1987, Emerg; May 15, 1987, Reg;
November 2, 2012, Susp.
April 23, 1971, Emerg; April 15, 1980, Reg;
November 2, 2012, Susp.
May 29, 1974, Emerg; July 16, 1979, Reg;
November 2, 2012, Susp.
May 19, 1975, Emerg; June 1, 1982, Reg;
November 2, 2012, Susp.
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Do.
do .....................
Do.
do .....................
Do.
do .....................
Do.
do .....................
Do.
January 17, 1975, Emerg; January 16,
1981, Reg; November 2, 2012, Susp.
June 27, 1975, Emerg; January 16, 1981,
Reg; November 2, 2012, Susp.
February 3, 1975, Emerg; May 1, 1980,
Reg; November 2, 2012, Susp.
March 28, 1978, Emerg; May 1, 1986, Reg;
November 2, 2012, Susp.
do .....................
Do.
do .....................
Do.
do .....................
Do.
do .....................
Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: October 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[Docket ID FEMA–2012–0003]
This date may be obtained by contacting
the office where the maps are available
for inspection as indicated in the table
below.
ADDRESSES: The final BFEs for each
community are available for inspection
at the office of the Chief Executive
Officer of each community. The
respective addresses are listed in the
table below.
FOR FURTHER INFORMATION CONTACT: Luis
Rodriguez, Chief, Engineering
Management Branch, Federal Insurance
and Mitigation Administration, Federal
Emergency Management Agency, 500 C
Street SW., Washington, DC 20472,
(202) 646–4064, or (email)
Luis.Rodriguez3@fema.dhs.gov.
Final Flood Elevation Determinations
SUPPLEMENTARY INFORMATION:
[FR Doc. 2012–27159 Filed 11–6–12; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
Base (1% annual-chance)
Flood Elevations (BFEs) and modified
BFEs are made final for the
communities listed below. The BFEs
and modified BFEs are the basis for the
floodplain management measures that
each community is required either to
adopt or to show evidence of being
already in effect in order to qualify or
remain qualified for participation in the
National Flood Insurance Program
(NFIP).
DATES: The date of issuance of the Flood
Insurance Rate Map (FIRM) shows BFEs
and modified BFEs for each community.
srobinson on DSK4SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
17:07 Nov 06, 2012
Jkt 229001
The
Federal Emergency Management Agency
(FEMA) makes the final determinations
listed below for the modified BFEs for
each community listed. These modified
elevations have been published in
newspapers of local circulation and
ninety (90) days have elapsed since that
publication. The Deputy Associate
Administrator for Mitigation has
resolved any appeals resulting from this
notification.
This final rule is issued in accordance
with section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4104,
and 44 CFR part 67. FEMA has
developed criteria for floodplain
management in floodprone areas in
accordance with 44 CFR part 60.
Interested lessees and owners of real
property are encouraged to review the
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
proof Flood Insurance Study and FIRM
available at the address cited below for
each community. The BFEs and
modified BFEs are made final in the
communities listed below. Elevations at
selected locations in each community
are shown.
National Environmental Policy Act.
This final rule is categorically excluded
from the requirements of 44 CFR part
10, Environmental Consideration. An
environmental impact assessment has
not been prepared.
Regulatory Flexibility Act. As flood
elevation determinations are not within
the scope of the Regulatory Flexibility
Act, 5 U.S.C. 601–612, a regulatory
flexibility analysis is not required.
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 final rule involves no policies that
have federalism implications under
Executive Order 13132.
Executive Order 12988, Civil Justice
Reform. This final rule meets the
applicable standards of Executive Order
12988.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
Accordingly, 44 CFR part 67 is
amended as follows:
E:\FR\FM\07NOR1.SGM
07NOR1
]]>Agencies
[Federal Register Volume 77, Number 216 (Wednesday, November 7, 2012)]
[Rules and Regulations]
[Pages 66733-66737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27159]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8253]
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. Also, information identifying
the current participation status of a community can be obtained from
FEMA's Community Status Book (CSB). The CSB is available at https://www.fema.gov/fema/csb.shtm.
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, (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 measures 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 to be eligible for the sale of
NFIP flood insurance. A notice withdrawing the
[[Page 66734]]
suspension of such 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 procedures 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,
Section 1315, 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:
Ashley, Borough of, 420596 December 13, 1974, Nov. 2, 2012.......... Nov. 2, 2012
Luzerne County. Emerg; September
30, 1980, Reg;
November 2, 2012,
Susp.
Avoca, Borough of, Luzerne 420597 March 7, 1975, do*................... Do.
County. Emerg; July 16,
1981, Reg;
November 2, 2012,
Susp.
Bear Creek, Township of, 421136 March 12, 1974, do.................... Do.
Luzerne County. Emerg; September
29, 1978, Reg;
November 2, 2012,
Susp.
Bear Creek Village, 422756 N/A, Emerg; July do.................... Do.
Borough of, Luzerne 26, 2002, Reg;
County. November 2, 2012,
Susp.
Black Creek, Township of, 420598 March 9, 1973, do.................... Do.
Luzerne County. Emerg; September
3, 1980, Reg;
November 2, 2012,
Susp.
Buck, Township of, Luzerne 421824 February 17, 1976, do.................... Do.
County. Emerg; April 15,
1981, Reg;
November 2, 2012,
Susp.
Butler, Township of, 420599 August 16, 1973, do.................... Do.
Luzerne County. Emerg; December
16, 1980, Reg;
November 2, 2012,
Susp.
Conyngham, Borough of, 420992 August 24, 1973, do.................... Do.
Luzerne County. Emerg; July 16,
1980, Reg;
November 2, 2012,
Susp.
Conyngham, Township of, 420600 February 9, 1973, do.................... Do.
Luzerne County. Emerg; February
16, 1977, Reg;
November 2, 2012,
Susp.
Courtdale, Borough of, 420601 May 1, 1973, do.................... Do.
Luzerne County. Emerg; June 1,
1979, Reg;
November 2, 2012,
Susp.
Dallas, Borough of, 421825 April 15, 1974, do.................... Do.
Luzerne County. Emerg; January 2,
1981, Reg;
November 2, 2012,
Susp.
Dallas, Township of, 420602 September 5, 1973, do.................... Do.
Luzerne County. Emerg; April 1,
1988, Reg;
November 2, 2012,
Susp.
Dupont, Borough of, 422250 July 29, 1974, do.................... Do.
Luzerne County. Emerg; June 15,
1981, Reg;
November 2, 2012,
Susp.
Duryea, Borough of, 420603 January 12, 1973, do.................... Do.
Luzerne County. Emerg; June 18,
1980, Reg;
November 2, 2012,
Susp.
[[Page 66735]]
Edwardsville, Borough of, 420604 December 1, 1972, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Exeter, Township of, 420606 January 19, 1973, do.................... Do.
Luzerne County. Emerg; September
15, 1983, Reg;
November 2, 2012,
Susp.
Fairmount, Township of, 421827 February 9, 1976, do.................... Do.
Luzerne County. Emerg; April 1,
1981, Reg;
November 2, 2012,
Susp.
Fairview, Township of, 420993 January 23, 1974, do.................... Do.
Luzerne County. Emerg; June 1,
1979, Reg;
November 2, 2012,
Susp.
Forty Fort, Borough of, 420607 November 3, 1972, do.................... Do.
Luzerne County. Emerg; April 1,
1977, Reg;
November 2, 2012,
Susp.
Hanover, Township of, 420608 October 20, 1972, do.................... Do.
Luzerne County. Emerg; May 16,
1977, Reg;
November 2, 2012,
Susp.
Hollenback, Township of, 421831 September 30, do.................... Do.
Luzerne County. 1975, Emerg;
September 17,
1980, Reg;
November 2, 2012,
Susp.
Hunlock, Township of, 420994 November 5, 1973, do.................... Do.
Luzerne County. Emerg; April 1,
1980, Reg;
November 2, 2012,
Susp.
Huntington, Township of, 421832 July 2, 1974, do.................... Do.
Luzerne County. Emerg; April 15,
1981, Reg;
November 2, 2012,
Susp.
Jackson, Township of, 420610 March 16, 1973, do.................... Do.
Luzerne County. Emerg; September
17, 1980, Reg;
November 2, 2012,
Susp.
Jenkins, Township of, 420611 February 2, 1973, do.................... Do.
Luzerne County. Emerg; May 16,
1977, Reg;
November 2, 2012,
Susp.
Kingston, Borough of, 420612 October 6, 1972, do.................... Do.
Luzerne County. Emerg; June 1,
1977, Reg;
November 2, 2012,
Susp.
Kingston, Township of, 420613 December 22, 1972, do.................... Do.
Luzerne County. Emerg; January 2,
1981, Reg;
November 2, 2012,
Susp.
Laflin, Borough of, 420995 October 4, 1973, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Lake, Township of, Luzerne 421833 October 24, 1975, do.................... Do.
County. Emerg; September
3, 1980, Reg;
November 2, 2012,
Susp.
Larksville, Borough of, 420614 March 23, 1973, do.................... Do.
Luzerne County. Emerg; April 1,
1977, Reg;
November 2, 2012,
Susp.
Lehman, Township of, 420615 July 10, 1973, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Luzerne, Borough of, 420616 March 2, 1973, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Nanticoke, City of, 420617 April 4, 1973, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Nescopeck, Borough of, 420618 April 16, 1973, do.................... Do.
Luzerne County. Emerg; February
1, 1980, Reg;
November 2, 2012,
Susp.
Nescopeck, Township of, 420619 March 2, 1973, do.................... Do.
Luzerne County. Emerg; August 1,
1980, Reg;
November 2, 2012,
Susp.
New Columbus, Borough of, 421819 July 9, 1975, do.................... Do.
Luzerne County. Emerg; March 16,
1981, Reg;
November 2, 2012,
Susp.
Newport, Township of, 421822 December 17, 1975, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Nuangola, Borough of, 422272 October 15, 1975, do.................... Do.
Luzerne County. Emerg; September
28, 1979, Reg;
November 2, 2012,
Susp.
Penn Lake Park, Borough 422645 July 12, 1976, do.................... Do.
of, Luzerne County. Emerg; December
5, 1980, Reg;
November 2, 2012,
Susp.
Pittston, City of, Luzerne 420620 April 17, 1973, do.................... Do.
County. Emerg; May 2,
1977, Reg;
November 2, 2012,
Susp.
Plymouth, Borough of, 420622 October 27, 1972, do.................... Do.
Luzerne County. Emerg; April 1,
1977, Reg;
November 2, 2012,
Susp.
Plymouth, Township of, 420623 February 2, 1973, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
Pringle, Borough of, 420624 January 19, 1973, do.................... Do.
Luzerne County. Emerg; May 2,
1977, Reg;
November 2, 2012,
Susp.
Rice, Township of, Luzerne 420996 December 6, 1973, do.................... Do.
County. Emerg; January 2,
1981, Reg;
November 2, 2012,
Susp.
Ross, Township of, Luzerne 421835 February 9, 1976, do.................... Do.
County. Emerg; April 15,
1981, Reg;
November 2, 2012,
Susp.
Salem, Township of, 420625 May 23, 1973, do.................... Do.
Luzerne County. Emerg; March 18,
1980, Reg;
November 2, 2012,
Susp.
Shickshinny, Borough of, 420626 December 15, 1972, do.................... Do.
Luzerne County. Emerg; December
31, 1976, Reg;
November 2, 2012,
Susp.
Union, Township of, 421836 February 18, 1976, do.................... Do.
Luzerne County. Emerg; September
30, 1980, Reg;
November 2, 2012,
Susp.
[[Page 66736]]
West Hazleton, Borough of, 421821 June 6, 1974, do.................... Do.
Luzerne County. Emerg; July 31,
1978, Reg;
November 2, 2012,
Susp.
West Pittston, Borough of, 420628 November 24, 1972, do.................... Do.
Luzerne County. Emerg; April 15,
1977, Reg;
November 2, 2012,
Susp.
White Haven, Borough of, 420630 April 4, 1973, do.................... Do.
Luzerne County. Emerg; August 1,
1977, Reg;
November 2, 2012,
Susp.
Wilkes-Barre, City of, 420631 December 10, 1971, do.................... Do.
Luzerne County. Emerg; September
30, 1977, Reg;
November 2, 2012,
Susp.
Wilkes-Barre, Township of, 421823 August 13, 1974, do.................... Do.
Luzerne County. Emerg; December
2, 1980, Reg;
November 2, 2012,
Susp.
Wright, Township of, 420632 May 10, 1973, do.................... Do.
Luzerne County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Wyoming, Borough of, 420633 November 3, 1972, .do................... Do.
Luzerne County. Emerg; November
16, 1977, Reg;
November 2, 2012,
Susp.
Region IV
Florida:
Bronson, Town of, Levy 120582 April 11, 1980, do.................... Do.
County. Emerg; February
1, 1987, Reg;
November 2, 2012,
Susp.
Cedar Key, City of, Levy 120373 August 6, 1975, do....................
County. Emerg; March 1,
1984, Reg;
November 2, 2012,
Susp.
Inglis, Town of, Levy 120586 January 10, 1986, do.................... Do.
County. Emerg; January
10, 1986, Reg;
November 2, 2012,
Susp.
Levy County, 120145 November 13, 1970, do.................... Do.
Unincorporated Areas. Emerg; March 1,
1984, Reg;
November 2, 2012,
Susp.
Otter Creek, Town of, Levy 120592 February 8, 2005, do.................... Do.
County. Emerg; September
1, 2005, Reg;
November 2, 2012,
Susp.
Yankeetown, Town of, Levy 120147 November 13, 1970, do.................... Do.
County. Emerg; August 20,
1971, Reg;
November 2, 2012,
Susp.
Georgia:
Cobb County, 130052 June 12, 1973, do.................... Do.
Unincorporated Areas. Emerg; January 3,
1979, Reg;
November 2, 2012,
Susp.
Marietta, City of, Cobb 130226 September 5, 1974, do.................... Do.
County. Emerg; February
15, 1978, Reg;
November 2, 2012,
Susp.
Region V
Indiana:
Batesville, City of, 180507 N/A, Emerg; March do.................... Do.
Ripley County. 9, 2010, Reg;
November 2, 2012,
Susp.
Ripley County, 180221 February 11, 1976, do.................... Do.
Unincorporated Areas. Emerg; September
1, 1987, Reg;
November 2, 2012,
Susp.
Wisconsin:
Chaseburg, Village of, 550451 August 25, 1975, do.................... Do.
Vernon County. Emerg; February
4, 1981, Reg;
November 2, 2012,
Susp.
Coon Valley, Village of, 550452 April 7, 1975, do.................... Do.
Vernon County. Emerg; February
4, 1981, Reg;
November 2, 2012,
Susp.
De Soto, Village of, 550069 December 15, 1980, do.................... Do.
Vernon County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Genoa, Village of, Vernon 555556 May 7, 1971, do.................... Do.
County. Emerg; February
26, 1972, Reg;
November 2, 2012,
Susp.
Ontario, Village of, 550457 August 16, 1978, do.................... Do.
Vernon County. Emerg; N/A, Reg;
November 2, 2012,
Susp.
Readstown, Village of, 550458 April 30, 1971, do.................... Do.
Vernon County. Emerg; March 16,
1976, Reg;
November 2, 2012,
Susp.
Stoddard, Village of, 555582 April 23, 1971, do.................... Do.
Vernon County. Emerg; October
20, 1972, Reg;
November 2, 2012,
Susp.
Vernon County, 550450 September 1, 1972, do.................... Do.
Unincorporated Areas. Emerg; September
29, 1978, Reg;
November 2, 2012,
Susp.
Viola, Village of, Vernon 550460 December 5, 1974, do.................... Do.
County. Emerg; June 4,
1990, Reg;
November 2, 2012,
Susp.
Region VII
Missouri:
Carl Junction, City of, 290179 October 28, 1975, do.................... Do.
Jasper County. Emerg; June 1,
1982, Reg;
November 2, 2012,
Susp.
Carterville, City of, 290180 January 17, 1977, do.................... Do.
Jasper County. Emerg; July 16,
1984, Reg;
November 2, 2012,
Susp.
Cole County, 290107 January 21, 1982, do.................... Do.
Unincorporated Areas. Emerg; January
21, 1982, Reg;
November 2, 2012,
Susp.
[[Page 66737]]
Duenweg, City of, Jasper 290182 N/A, Emerg; April do.................... Do.
County. 1, 2004, Reg;
November 2, 2012,
Susp.
Jasper County, 290807 May 15, 1987, do.................... Do.
Unincorporated Areas. Emerg; May 15,
1987, Reg;
November 2, 2012,
Susp.
Jefferson City, City of, 290108 April 23, 1971, do.................... Do.
Cole County. Emerg; April 15,
1980, Reg;
November 2, 2012,
Susp.
Sarcoxie, City of, Jasper 290186 May 29, 1974, do.................... Do.
County. Emerg; July 16,
1979, Reg;
November 2, 2012,
Susp.
Webb City, City of, Jasper 290187 May 19, 1975, do.................... Do.
County. Emerg; June 1,
1982, Reg;
November 2, 2012,
Susp.
Region VIII
North Dakota:
Grafton, City of, Walsh 380137 January 17, 1975, do.................... Do.
County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Minto, City of, Walsh 380138 June 27, 1975, do.................... Do.
County. Emerg; January
16, 1981, Reg;
November 2, 2012,
Susp.
Park River, City of, Walsh 380139 February 3, 1975, do.................... Do.
County. Emerg; May 1,
1980, Reg;
November 2, 2012,
Susp.
Walsh County, 380135 March 28, 1978, do.................... Do.
Unincorporated Areas. Emerg; May 1,
1986, Reg;
November 2, 2012,
Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: October 17, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-27159 Filed 11-6-12; 8:45 am]
BILLING CODE 9110-12-P
