[Federal Register Volume 78, Number 38 (Tuesday, February 26, 2013)]
[Rules and Regulations]
[Pages 12965-12967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04326]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8271]


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 http://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 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

[[Page 12966]]

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 I
 
New Hampshire:
    Albany, Town of, Carroll           330174  May 17, 1993,      March 19, 2013........  March 19, 2013
     County.                                    Emerg; March 1,
                                                1995, Reg; March
                                                19, 2013, Susp.
    Bartlett, Town of, Carroll         330010  April 21, 1976,    ......do..............   Do.*
     County.                                    Emerg; May 1,
                                                1979, Reg; March
                                                19, 2013, Susp.
    Brookfield, Town of,               330179  April 22, 1976,    ......do..............   Do.
     Carroll County.                            Emerg; May 17,
                                                1977, Reg; March
                                                19, 2013, Susp.
    Conway, Town of, Carroll           330011  December 2, 1974,  ......do..............   Do.
     County.                                    Emerg; April 16,
                                                1979, Reg; March
                                                19, 2013, Susp.
    Effingham, Town of, Carroll        330012  July 9, 2008,      ......do..............   Do.
     County.                                    Emerg; August 1,
                                                2009, Reg; March
                                                19, 2013, Susp.
    Freedom, Town of, Carroll          330013  August 20, 1992,   ......do..............   Do.
     County.                                    Emerg; December
                                                1, 1992, Reg;
                                                March 19, 2013,
                                                Susp.
    Hart's Location, Town of,          330213  May 30, 1996,      ......do..............   Do.
     Carroll County.                            Emerg; March 2,
                                                1998, Reg; March
                                                19, 2013, Susp.
    Jackson, Town of, Carroll          330014  August 21, 1975,   ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1979, Reg; March
                                                19, 2013, Susp.
    Madison, Town of, Carroll          330220  May 19, 2005,      ......do..............   Do.
     County.                                    Emerg; August 1,
                                                2005, Reg; March
                                                19, 2013, Susp.
    Moultonbor ough, Town of,          330015  April 8, 1999,     ......do..............   Do.
     Carroll County.                            Emerg; March 1,
                                                2000, Reg; March
                                                19, 2013, Susp.
    Ossipee, Town of, Carroll          330016  April 30, 1975,    ......do..............   Do.
     County.                                    Emerg; June 17,
                                                1991, Reg; March
                                                19, 2013, Susp.
    Sandwich, Town of, Carroll         330017  November 3, 1975,  ......do..............   Do.
     County.                                    Emerg; July 17,
                                                1986, Reg; March
                                                19, 2013, Susp.
    Tamworth, Town of, Carroll         330018  July 21, 1976,     ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1991, Reg; March
                                                19, 2013, Susp.
    Tuftonboro, Town of,               330234  June 15, 1976,     ......do..............   Do.
     Carroll County.                            Emerg; May 4,
                                                1989, Reg; March
                                                19, 2013, Susp.
    Wakefield, Town of, Carroll        330019  November 22,       ......do..............   Do.
     County.                                    1976, Emerg;
                                                June 17, 1991,
                                                Reg; March 19,
                                                2013, Susp.
    Wolfeboro, Town of, Carroll        330239  November 26,       ......do..............   Do.
     County.                                    1976, Emerg; May
                                                17, 1989, Reg;
                                                March 19, 2013,
                                                Susp.
 

[[Page 12967]]

 
           Region III
 
West Virginia: Mineral County,         540129  December 30,       ......do..............   Do.
 Unincorporated Areas.                          1975, Emerg;
                                                September 27,
                                                1991, Reg; March
                                                19, 2013, Susp.
 
           Region IV
 
Kentucky:
    Cadiz, City of, Trigg              210354  December 15,       ......do..............   Do.
     County.                                    1997, Emerg;
                                                July 1, 2001,
                                                Reg; March 19,
                                                2013, Susp.
    Trigg County,                      210315  December 15,       ......do..............   Do.
     Unincorporated Areas.                      1997, Emerg;
                                                July 1, 2001,
                                                Reg; March 19,
                                                2013, Susp.
 
           Region VI
 
Louisiana:
    Benton, Town of, Bossier           220032  September 10,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                July 26, 1977,
                                                Reg; March 19,
                                                2013, Susp.
    Bossier City, City of,             220033  June 26, 1974,     ......do..............   Do.
     Bossier County.                            Emerg; April 4,
                                                1983, Reg; March
                                                19, 2013, Susp.
    Bossier Parish,                    220031  February 14,       ......do..............   Do.
     Unincorporated Areas.                      1975, Emerg;
                                                April 18, 1983,
                                                Reg; March 19,
                                                2013, Susp.
 
          Region VIII
 
Montana:
    Belt, Town of, Cascade             300009  May 13, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                5, 1979, Reg;
                                                March 19, 2013,
                                                Susp.
    Cascade County,                    300008  May 22, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 15,
                                                1980, Reg; March
                                                19, 2013, Susp.
    Great Falls, City of,              300010  May 19, 1972,      ......do..............   Do.
     Cascade County.                            Emerg; September
                                                30, 1977, Reg;
                                                March 19, 2013,
                                                Susp.
    Neihart, Town of, Cascade          300183  May 6, 1997,       ......do..............   Do.
     County.                                    Emerg; N/A, Reg;
                                                March 19, 2013,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.


    Dated: January 30, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-04326 Filed 2-25-13; 8:45 am]
BILLING CODE 9110-12-P