[Federal Register Volume 78, Number 9 (Monday, January 14, 2013)]
[Rules and Regulations]
[Pages 2622-2624]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00526]
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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-8265]
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: 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: 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
[[Page 2623]]
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:
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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
Connecticut:
Clinton, Town of, 090061 March 2, 1973, Feb. 6, 2013.......... Feb. 6, 2013.
Middlesex County. Emerg; September
30, 1980, Reg;
February 6, 2013,
Susp.
Essex, Town of, Middlesex 090065 February 9, 1973, ......do*............. Do.
County. Emerg; July 16,
1980, Reg;
February 6, 2013,
Susp.
Fenwick, Borough of, 090187 July 10, 1979, ......do.............. Do.
Middlesex County. Emerg; July 10,
1979, Reg;
February 6, 2013,
Susp.
Killingworth, Town of, 090174 July 15, 1975, ......do.............. Do.
Middlesex County. Emerg; March 15,
1982, Reg;
February 6, 2013,
Susp.
Old Saybrook, Town of, 090069 March 31, 1972, ......do.............. Do.
Middlesex County. Emerg; July 3,
1978, Reg;
February 6, 2013,
Susp.
Westbrook, Town of, 090070 March 9, 1973, ......do.............. Do.
Middlesex County. Emerg; December
1, 1982, Reg;
February 6, 2013,
Susp.
Region III
West Virginia:
Clay County, 540022 July 24, 1975, ......do.............. Do.
Unincorporated Areas.. Emerg; March 18,
1991, Reg;
February 6, 2013,
Susp.
Clay, Town of, Clay County 540023 March 25, 1975, ......do.............. Do.
Emerg; March 18,
1991, Reg;
February 6, 2013,
Susp.
Region IV
Georgia:
Grantville, City of, 130443 N/A, Emerg; June ......do.............. Do.
Coweta County. 26, 2006, Reg;
February 6, 2013,
Susp.
Moreland, Town of, Coweta 130300 December 16, 1976, ......do.............. Do.
County. Emerg; September
27, 1985, Reg;
February 6, 2013,
Susp.
Newnan, City of, Coweta 130062 May 12, 1975, ......do.............. Do.
County. Emerg; November
15, 1978, Reg;
February 6, 2013,
Susp.
Senoia, City of, Coweta 130301 December 15, 1986, ......do.............. Do.
County. Emerg; July 1,
1987, Reg;
February 6, 2013,
Susp.
Turin, Town of, Coweta 130475 N/A, Emerg; June ......do.............. Do.
County. 26, 2006, Reg;
February 6, 2013,
Susp.
South Carolina:
Darlington, City of, 450061 April 29, 1975, ......do.............. Do.
Darlington County. Emerg; July 1,
1991, Reg;
February 6, 2013,
Susp.
Darlington County, 450060 May 15, 1989, ......do.............. Do.
Unincorporated Areas. Emerg; June 3,
1991, Reg;
February 6, 2013,
Susp.
Hartsville, City of, 450062 June 20, 1975, ......do.............. Do.
Darlington County. Emerg; September
1, 1987, Reg;
February 6, 2013,
Susp.
Lamar, Town of, Darlington 450063 June 16, 1995, ......do.............. Do.
County. Emerg; February
1, 2002, Reg;
February 6, 2013,
Susp.
Tennessee:
Arlington, Township of, 470262 September 10, ......do.............. Do.
Shelby County. 1981, Emerg;
September 10,
1981, Reg;
February 6, 2013,
Susp.
Bartlett, City of, Shelby 470175 December 28, 1973, ......do.............. Do.
County. Emerg; June 15,
1981, Reg;
February 6, 2013,
Susp.
Collierville, Town of, 470263 September 29, ......do.............. Do.
Shelby County. 1975, Emerg;
September 30,
1981, Reg;
February 6, 2013,
Susp.
[[Page 2624]]
Germantown, City of, 470353 October 1, 1975, ......do.............. Do.
Shelby County. Emerg; January
20, 1982, Reg;
February 6, 2013,
Susp.
Lakeland, City of, Shelby 470402 N/A, Emerg; June ......do.............. Do.
County. 20, 2002, Reg;
February 6, 2013,
Susp.
Memphis, City of, Shelby 470177 August 23, 1974, ......do.............. Do.
County. Emerg; December
1, 1982, Reg;
February 6, 2013,
Susp.
Millington, City of, 470178 November 1, 1974, ......do.............. Do.
Shelby County. Emerg; March 16,
1981, Reg;
February 6, 2013,
Susp.
Shelby County, 470214 May 15, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1982, Reg;
February 6, 2013,
Susp.
Region V
Indiana:
Attica, City of, Fountain 180065 July 28, 1975, ......do.............. Do.
County. Emerg; September
1, 1988, Reg;
February 6, 2013,
Susp.
Covington, City of, 180066 July 1, 1975, ......do.............. Do.
Fountain County. Emerg; September
1, 1988, Reg;
February 6, 2013,
Susp.
Fountain County, 180064 December 21, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 2001, Reg;
February 6, 2013,
Susp.
Hillsboro, Town of, 180328 June 29, 1976, ......do.............. Do.
Fountain County. Emerg; June 8,
1984, Reg;
February 6, 2013,
Susp.
Region VII
Iowa:
McIntire, City of, 190458 December 8, 2000, ......do.............. Do.
Mitchell County. Emerg; May 1,
2011, Reg;
February 6, 2013,
Susp.
Mitchell County, 190892 January 8, 1999, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
2000, Reg;
February 6, 2013,
Susp.
Stacyville, City of, 190461 February 18, 2011, ......do.............. Do.
Mitchell County. Emerg; N/A, Reg;
February 6, 2013,
Susp.
Region VIII
Colorado:
Berthoud, Town of, Larimer 080296 October 28, 1977, ......do.............. Do.
County. Emerg; May 26,
1978, Reg;
February 6, 2013,
Susp.
Larimer County, 080101 July 2, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; April 2,
1979, Reg;
February 6, 2013,
Susp.
Loveland, City of, Larimer 080103 September 18, ......do.............. Do.
County. 1975, Emerg;
September 1,
1978, Reg;
February 6, 2013,
Susp.
Montana:
Lake County, 300155 April 19, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; December
17, 1987, Reg;
February 6, 2013,
Susp.
Polson, City of, Lake 300119 N/A, Emerg; ......do.............. Do.
County. January 15, 1999,
Reg; February 6,
2013, Susp.
Ronan, City of, Lake 300122 May 16, 1986, ......do.............. Do.
County. Emerg; December
17, 1987, Reg;
February 6, 2013,
Susp.
Saint Ignatius, Town of, 300123 N/A, Emerg; May 8, ......do.............. Do.
Lake County. 1997, Reg;
February 6, 2013,
Susp.
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* -do- =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 2, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-00526 Filed 1-11-13; 8:45 am]
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