Suspension of Community Eligibility
Federal Register, Volume 77 Issue 247 (Wednesday, December 26, 2012)
Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)
Rules and Regulations
Pages 75891-75894
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2012-31106
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8261
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain
Page 75892
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 http://www.fema.gov/fema/csb.shtm.
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 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
-
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
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The tables published under the authority of Sec. 64.6 are amended as follows:
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Effective date
authorization/
Community Cancellation of Current effective map Date certain Federal
State and location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
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Region III
West Virginia:
Ceredo, Town of, Wayne 540232 September 25, January 2, 2013....... January 2, 2013
County. 1975, Emerg; May
17, 1989, Reg;
January 2, 2013,
Susp.
Fort Gay, Town of, Wayne 540202 April 29, 1975, ......do*............. Do.
County. Emerg; January
3, 1979, Reg;
January 2, 2013,
Susp.
Page 75893
Kenova, City of, Wayne 540221 April 9, 1975, ......do.............. Do.
County. Emerg; May 17,
1989, Reg;
January 2, 2013,
Susp.
Wayne County, 540200 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1987, Reg;
January 2, 2013,
Susp.
Region IV
Kentucky:
Magoffin County, 210158 December 18, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
March 4, 1986,
Reg; January 2,
2013, Susp.
Salyersville, City of, 210159 July 8, 1975, ......do.............. Do.
Magoffin County. Emerg; October
15, 1985, Reg;
January 2, 2013,
Susp.
Region VI
Oklahoma:
Hobart, City of, Kiowa 400084 November 14, ......do.............. Do.
County. 1975, Emerg;
June 29, 1982,
Reg; January 2,
2013, Susp.
Kiowa County, 400543 September 20, ......do.............. Do.
Unincorporated Areas. 1994, Emerg; N/
A, Reg; January
2, 2013, Susp.
Lone Wolf, Town of, Kiowa 400085 November 16, ......do.............. Do.
County. 1976, Emerg;
June 29, 1982,
Reg; January 2,
2013, Susp.
Mountain Park, Town of, 400086 November 3, 1976, ......do.............. Do.
Kiowa County. Emerg; August 3,
1982, Reg;
January 2, 2013,
Susp.
Mountain View, Town of, 400087 October 30, 1975, ......do.............. Do.
Kiowa County. Emerg; December
12, 1978, Reg;
January 2, 2013,
Susp.
Roosevelt, Town of, Kiowa 400088 November 12, ......do.............. Do.
County. 1976, Emerg;
March 23, 1982,
Reg; January 2,
2013, Susp.
Snyder, City of, Kiowa 400089 March 18, 1975, ......do.............. Do.
County. Emerg; April 15,
1980, Reg;
January 2, 2013,
Susp.
Texas:
Lubbock, City of, Lubbock 480452 May 24, 1973, ......do.............. Do.
County. Emerg; September
2, 1982, Reg;
January 2, 2013,
Susp.
Lubbock County, 480915 April 16, 2002, ......do.............. Do.
Unincorporated Areas. Emerg; October
11, 2002, Reg;
January 2, 2013,
Susp.
Wolfforth, City of, Lubbock 480918 N/A, Emerg; ......do.............. Do.
County. October 25,
2002, Reg;
January 2, 2013,
Susp.
Region VII
Missouri:
Baldwin Park, Village of, 290880 July 19, 1979, ......do.............. Do.
Cass County. Emerg; August 5,
1985, Reg;
January 2, 2013,
Susp.
Belton, City of, Cass 290062 September 3, ......do.............. Do.
County. 1974, Emerg;
September 5,
1979, Reg;
January 2, 2013,
Susp.
Cass County, Unincorporated 290783 April 21, 1975, ......do.............. Do.
Areas. Emerg; April 15,
1982, Reg;
January 2, 2013,
Susp.
Creighton, City of, Cass 290063 August 3, 1979, ......do.............. Do.
County. Emerg; June 30,
1980, Reg;
January 2, 2013,
Susp.
Drexel, City of, Cass 290064 June 23, 1975, ......do.............. Do.
County. Emerg; April 8,
1977, Reg;
January 2, 2013,
Susp.
Lake Annette, City of, Cass 290953 N/A, Emerg; June ......do.............. Do.
County. 25, 2004, Reg;
January 2, 2013,
Susp.
Peculiar, City of, Cass 290878 April 19, 1979, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
January 2, 2013,
Susp.
Pleasant Hill, City of, 295269 April 30, 1971, ......do.............. Do.
Cass County. Emerg; September
15, 1972, Reg;
January 2, 2013,
Susp.
Raymore, City of, Cass 290070 February 4, 1976, ......do.............. Do.
County. Emerg; May 15,
1986, Reg;
January 2, 2013,
Susp.
Riverview Estates, Village 290957 N/A, Emerg; ......do.............. Do.
of, Cass County. October 22,
2008, Reg;
January 2, 2013,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Page 75894
Dated: December 7, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2012-31106 Filed 12-21-12; 4:15 pm
BILLING CODE 9110-12-P
