[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25589-25591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10349]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8281]


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 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 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 25590]]



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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 IV
 
Florida:
    Atlantic Beach, City of,          120075  November 19, 1971,  June 3, 2013..........  June 3, 2013
     Duval County.                             Emerg; March 15,
                                               1977, Reg; June
                                               3, 2013, Susp.
Jacksonville, City of, Duval          120077  November 19, 1971,  ......do*.............   Do.
 County.                                       Emerg; December
                                               1, 1977, Reg;
                                               June 3, 2013,
                                               Susp.
Jacksonville Beach, City of,          120078  November 19, 1971,  ......do..............   Do.
 Duval County.                                 Emerg; March 15,
                                               1977, Reg; June
                                               3, 2013, Susp.
Neptune Beach, City of, Duval         120079  November 19, 1971,  ......do..............   Do.
 County.                                       Emerg; March 15,
                                               1977, Reg; June
                                               3, 2013, Susp.
           Region VI
 
Texas:
    Bardwell, City of, Ellis          481087  March 30, 1990,     ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1991, Reg; June
                                               3, 2013, Susp.
Cedar Hill, City of, Dallas           480168  June 21, 1974,      ......do..............   Do.
 and Ellis Counties.                           Emerg; April 1,
                                               1981, Reg; June
                                               3, 2013, Susp.
Ellis County, Unincorporated          480798  January 29, 1979,   ......do..............   Do.
 Areas.                                        Emerg; August 19,
                                               1987, Reg; June
                                               3, 2013, Susp.
Ennis, City of, Ellis County..        480207  February 13, 1978,  ......do..............   Do.
                                               Emerg; June 15,
                                               1982, Reg; June
                                               3, 2013, Susp.
Ferris, City of, Dallas and           481076  July 5, 1974,       ......do..............   Do.
 Ellis Counties.                               Emerg; August 22,
                                               1978, Reg; June
                                               3, 2013, Susp.
Glenn Heights, City of, Dallas        481265  July 8, 1980,       ......do..............   Do.
 and Ellis Counties.                           Emerg; July 16,
                                               1980, Reg; June
                                               3, 2013, Susp.
Grand Prairie, City of,               485472  October 1, 1971,    ......do..............   Do.
 Dallas, Ellis and Tarrant                     Emerg; July 6,
 Counties.                                     1973, Reg; June
                                               3, 2013, Susp.
Midlothian, City of, Ellis            480801  June 11, 1981,      ......do..............   Do.
 County.                                       Emerg; September
                                               4, 1985, Reg;
                                               June 3, 2013,
                                               Susp.
Oak Leaf, City of, Ellis              481672  N/A, Emerg;         ......do..............   Do.
 County.                                       September 15,
                                               2000, Reg; June
                                               3, 2013, Susp.
Ovilla, City of, Dallas and           481155  August 5, 1975,     ......do..............   Do.
 Ellis Counties.                               Emerg; April 15,
                                               1980, Reg; June
                                               3, 2013, Susp.
Palmer, City of, Ellis County.        480209  June 15, 1987,      ......do..............   Do.
                                               Emerg; June 1,
                                               1990, Reg; June
                                               3, 2013, Susp.
Pecan Hill, City of, Ellis            481673  N/A, Emerg;         ......do..............   Do.
 County.                                       November 5, 2007,
                                               Reg; June 3,
                                               2013, Susp.
Red Oak, City of, Ellis County        481650  May 24, 1993,       ......do..............   Do.
                                               Emerg; January
                                               20, 1999, Reg;
                                               June 3, 2013,
                                               Susp.
Waxahachie, City of, Ellis            480211  June 20, 1975,      ......do..............   Do.
 County.                                       Emerg; August 1,
                                               1980, Reg; June
                                               3, 2013, Susp.
 
          Region VIII
 
South Dakota:
    Box Elder, City of,               460089  June 7, 1974,       ......do..............   Do.
     Pennington County.                        Emerg; May 15,
                                               1980, Reg; June
                                               3, 2013, Susp.
Hill City, City of, Pennington        460116  July 9, 1976,       ......do..............   Do.
 County.                                       Emerg; November
                                               18, 1981, Reg;
                                               June 3, 2013,
                                               Susp.
Keystone, Town of, Pennington         460231  July 26, 1974,      ......do..............   Do.
 County.                                       Emerg; March 4,
                                               1980, Reg; June
                                               3, 2013, Susp.
New Underwood, City of,               460092  August 18, 1975,    ......do..............   Do.
 Pennington County.                            Emerg; May 15,
                                               1980, Reg; June
                                               3, 2013, Susp.
Pennington County,                    460064  May 28, 1974,       ......do..............   Do.
 Unincorporated Areas.                         Emerg; December
                                               1, 1981, Reg;
                                               June 3, 2013,
                                               Susp.
Rapid City, City of,                  465420  April 2, 1971,      ......do..............   Do.
 Pennington County.                            Emerg; September
                                               14, 1973, Reg;
                                               June 3, 2013,
                                               Susp.
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.



[[Page 25591]]

    Dated: April 12, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-10349 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-12-P