
[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
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:

[[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


