Suspension of Community Eligibility
Federal Register, Volume 78 Issue 18 (Monday, January 28, 2013)
Federal Register Volume 78, Number 18 (Monday, January 28, 2013)
Rules and Regulations
Pages 5734-5736
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-01623
Page 5734
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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-8267
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 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: Effective Date: 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
0
-
The tables published under the authority of Sec. 64.6 are amended as follows:
Page 5735
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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 I
New Hampshire:
Berlin, City of, Coos 330029 May 8, 1975, Feb. 20, 2013......... Feb. 20, 2013.
County. Emerg; June 15,
1982, Reg;
February 20,
2013, Susp.
Carroll, Town of, Coos 330030 July 26, 1978, ......do.............. Do.
County. Emerg; April 15,
1986, Reg;
February 20,
2013, Susp.
Colebrook, Town of, Coos 330031 July 18, 1975, ......do.............. Do.
County. Emerg; May 17,
1989, Reg;
February 20,
2013, Susp.
Columbia, Town of, Coos 330185 May 19, 1977, ......do.............. Do.
County. Emerg; April 2,
1986, Reg;
February 20,
2013, Susp.
Dalton, Town of, Coos 330198 December 15, ......do.............. Do.
County. 1986, Emerg;
December 15,
1986, Reg;
February 20,
2013, Susp.
Dummer, Town of, Coos 330201 July 20, 1993, ......do.............. Do.
County. Emerg; March 1,
1995, Reg;
February 20,
2013, Susp.
Errol, Town of, Coos County 330206 August 31, 1993, ......do.............. Do.
Emerg; June 1,
1995, Reg;
February 20,
2013, Susp.
Gorham, Town of, Coos 330032 July 24, 1975, ......do.............. Do.
County. Emerg; April 1,
1981, Reg;
February 20,
2013, Susp.
Jefferson, Town of, Coos 330033 June 3, 1977, ......do.............. Do.
County. Emerg; April 15,
1986, Reg;
February 20,
2013, Susp.
Lancaster, Town of, Coos 335277 November 12, ......do.............. Do.
County. 1971, Emerg;
April 13, 1973,
Reg; February
20, 2013, Susp.
Milan, Town of, Coos County 330035 May 12, 1983, ......do.............. Do.
Emerg; April 2,
1986, Reg;
February 20,
2013, Susp.
Northumberland, Town of, 330036 July 7, 1975, ......do.............. Do.
Coos County. Emerg; May 4,
1989, Reg;
February 20,
2013, Susp.
Shelburne, Town of, Coos 330037 April 7, 1976, ......do.............. Do.
County. Emerg; April 2,
1986, Reg;
February 20,
2013, Susp.
Stark, Town of, Coos County 330038 March 30, 1976, ......do.............. Do.
Emerg; April 2,
1986, Reg;
February 20,
2013, Susp.
Stewartstown, Town of, Coos 330194 February 12, ......do.............. Do.
County. 1981, Emerg;
March 1, 2000,
Reg; February
20, 2013, Susp.
Stratford, Town of, Coos 330039 September 16, ......do.............. Do.
County. 1975, Emerg;
April 18, 1983,
Reg; February
20, 2013, Susp.
Whitefield, Town of, Coos 330040 December 31, ......do.............. Do.
County. 1981, Emerg;
April 2, 1986,
Reg; February
20, 2013, Susp.
Region IV
Alabama:
Alabaster, City of, Shelby 010192 December 13, ......do.............. Do.
County. 1974, Emerg;
June 15, 1981,
Reg; February
20, 2013, Susp.
Birmingham, City of, 010116 March 30, 1973, ......do.............. Do.
Jefferson and Shelby Emerg; March 16,
Counties. 1981, Reg;
February 20,
2013, Susp.
Calera, City of, Chilton 010373 March 7, 1990, ......do.............. Do.
and Shelby Counties. Emerg; May 1,
1995, Reg;
February 20,
2013, Susp.
Chelsea, City of, Shelby 010432 N/A, Emerg; July ......do.............. Do.
County. 18, 2007, Reg;
February 20,
2013, Susp.
Columbiana, City of, Shelby 010449 July 27, 2006, ......do.............. Do.
County. Emerg; September
29, 2006, Reg;
February 20,
2013, Susp.
Harpersville, Town of, 010293 N/A, Emerg; July ......do.............. Do.
Shelby County. 16, 2007, Reg;
February 20,
2013, Susp.
Hoover, City of, Jefferson 010123 April 11, 1975, ......do.............. Do.
and Shelby Counties. Emerg; February
4, 1981, Reg;
February 20,
2013, Susp.
Indian Springs Village, 010430 N/A, Emerg; ......do.............. Do.
Town of, Shelby County. August 10, 1999,
Reg; February
20, 2013, Susp.
Montevallo, City of, Shelby 010349 February 25, ......do.............. Do.
County. 1981, Emerg;
March 16, 1981,
Reg; February
20, 2013, Susp.
Shelby County, 010191 December 15, ......do.............. Do.
Unincorporated Areas. 1986, Emerg;
December 15,
1986, Reg;
February 20,
2013, Susp.
Vestavia Hills, City of, 010132 February 21, ......do.............. Do.
Jefferson and Shelby 1975, Emerg;
Counties. January 2, 1981,
Reg; February
20, 2013, Susp.
Vincent, Town of, Shelby 010292 N/A, Emerg; ......do.............. Do.
and Talladega Counties. August 31, 1998,
Reg; February
20, 2013, Susp.
Westover, Town of, Shelby 010451 N/A, Emerg; March ......do.............. Do.
County. 25, 2008, Reg;
February 20,
2013, Susp.
Wilsonville, Town of, 010404 October 27, 1993, ......do.............. Do.
Shelby County. Emerg; March 1,
1995, Reg;
February 20,
2013, Susp.
Kentucky:
Henderson, City of, 210109 August 7, 1973, ......do.............. Do.
Henderson County. Emerg; June 15,
1978, Reg;
February 20,
2013, Susp.
Page 5736
Henderson County, 210286 N/A, Emerg; April ......do.............. Do.
Unincorporated Areas. 10, 1991, Reg;
February 20,
2013, Susp.
Region VI
Oklahoma:
Cleveland County, 400475 June 8, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1989, Reg;
February 20,
2013, Susp.
Moore, City of, Cleveland 400044 April 18, 1974, ......do.............. Do.
County. Emerg; December
2, 1980, Reg;
February 20,
2013, Susp.
Noble, City of, Cleveland 400045 October 2, 1975, ......do.............. Do.
County. Emerg; July 2,
1981, Reg;
February 20,
2013, Susp.
Norman, City of, Cleveland 400046 August 23, 1974, ......do.............. Do.
County. Emerg; November
1, 1979, Reg;
February 20,
2013, Susp.
Oklahoma City, City of, 405378 March 19, 1971, ......do.............. Do.
Canadian, Cleveland, Emerg; July 14,
McClain, Oklahoma and 1972, Reg;
Pottawatomie Counties. February 20,
2013, Susp.
Region VII
Iowa:
Belmond, City of, Wright 190303 February 26, ......do.............. Do.
County. 2008, Emerg;
March 1, 2011,
Reg; February
20, 2013, Susp.
Dows, City of, Wright 190305 August 19, 2010, ......do.............. Do.
County. Emerg; N/A, Reg;
February 20,
2013, Susp.
Eagle Grove, City of, 190928 May 26, 1998, ......do.............. Do.
Wright County. Emerg; September
4, 2003, Reg;
February 20,
2013, Susp.
Goldfield, City of, Wright 190584 August 3, 2011, ......do.............. Do.
County. Emerg; N/A, Reg;
February 20,
2013, Susp.
Region IX
Arizona:
Bullhead City, City of, 040125 May 6, 1974, ......do.............. Do.
Mohave County. Emerg; March 15,
1982, Reg;
February 20,
2013, Susp.
Fort Mojave Indian Tribe, 040133 January 31, 1992, ......do.............. Do.
Mohave County. Emerg; March 18,
1996, Reg;
February 20,
2013, Susp.
Mohave County, 040058 May 6, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; March 15,
1982, Reg;
February 20,
2013, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 15, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2013-01623 Filed 1-25-13; 8:45 am
BILLING CODE 9110-12-P
