2012-31106. 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:

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, [phone].

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]

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.

§ 64.6

[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and location	Community No.	Effective date authorization/Cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region III
West Virginia:
Ceredo, Town of, Wayne County	540232	September 25, 1975, Emerg; May 17, 1989, Reg; January 2, 2013, Susp	January 2, 2013	January 2, 2013
Fort Gay, Town of, Wayne County	540202	April 29, 1975, Emerg; January 3, 1979, Reg; January 2, 2013, Susp	......do*	Do.
Kenova, City of, Wayne County	540221	April 9, 1975, Emerg; May 17, 1989, Reg; January 2, 2013, Susp	......do	Do.
Wayne County, Unincorporated Areas	540200	October 31, 1975, Emerg; September 18, 1987, Reg; January 2, 2013, Susp	......do	Do.
Region IV
Kentucky:
Magoffin County, Unincorporated Areas	210158	December 18, 1978, Emerg; March 4, 1986, Reg; January 2, 2013, Susp	......do	Do.
Salyersville, City of, Magoffin County	210159	July 8, 1975, Emerg; October 15, 1985, Reg; January 2, 2013, Susp	......do	Do.
Region VI
Oklahoma:
Hobart, City of, Kiowa County	400084	November 14, 1975, Emerg; June 29, 1982, Reg; January 2, 2013, Susp	......do	Do.
Kiowa County, Unincorporated Areas	400543	September 20, 1994, Emerg; N/A, Reg; January 2, 2013, Susp	......do	Do.
Lone Wolf, Town of, Kiowa County	400085	November 16, 1976, Emerg; June 29, 1982, Reg; January 2, 2013, Susp	......do	Do.
Mountain Park, Town of, Kiowa County	400086	November 3, 1976, Emerg; August 3, 1982, Reg; January 2, 2013, Susp	......do	Do.
Mountain View, Town of, Kiowa County	400087	October 30, 1975, Emerg; December 12, 1978, Reg; January 2, 2013, Susp	......do	Do.
Roosevelt, Town of, Kiowa County	400088	November 12, 1976, Emerg; March 23, 1982, Reg; January 2, 2013, Susp	......do	Do.
Snyder, City of, Kiowa County	400089	March 18, 1975, Emerg; April 15, 1980, Reg; January 2, 2013, Susp	......do	Do.
Texas:
Lubbock, City of, Lubbock County	480452	May 24, 1973, Emerg; September 2, 1982, Reg; January 2, 2013, Susp	......do	Do.
Lubbock County, Unincorporated Areas	480915	April 16, 2002, Emerg; October 11, 2002, Reg; January 2, 2013, Susp	......do	Do.
Wolfforth, City of, Lubbock County	480918	N/A, Emerg; October 25, 2002, Reg; January 2, 2013, Susp	......do	Do.
Region VII
Missouri:
Baldwin Park, Village of, Cass County	290880	July 19, 1979, Emerg; August 5, 1985, Reg; January 2, 2013, Susp	......do	Do.
Belton, City of, Cass County	290062	September 3, 1974, Emerg; September 5, 1979, Reg; January 2, 2013, Susp	......do	Do.
Cass County, Unincorporated Areas	290783	April 21, 1975, Emerg; April 15, 1982, Reg; January 2, 2013, Susp	......do	Do.
Creighton, City of, Cass County	290063	August 3, 1979, Emerg; June 30, 1980, Reg; January 2, 2013, Susp	......do	Do.
Drexel, City of, Cass County	290064	June 23, 1975, Emerg; April 8, 1977, Reg; January 2, 2013, Susp	......do	Do.
Lake Annette, City of, Cass County	290953	N/A, Emerg; June 25, 2004, Reg; January 2, 2013, Susp	......do	Do.
Peculiar, City of, Cass County	290878	April 19, 1979, Emerg; September 10, 1984, Reg; January 2, 2013, Susp	......do	Do.
Pleasant Hill, City of, Cass County	295269	April 30, 1971, Emerg; September 15, 1972, Reg; January 2, 2013, Susp	......do	Do.
Raymore, City of, Cass County	290070	February 4, 1976, Emerg; May 15, 1986, Reg; January 2, 2013, Susp	......do	Do.
Riverview Estates, Village of, Cass County	290957	N/A, Emerg; October 22, 2008, Reg; January 2, 2013, Susp	......do	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: December 7, 2012.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.