Suspension of Community Eligibility, 75891-75894 [2012-31106]
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
from those who are healthy to prevent
the spread of the quarantinable
communicable disease.
*
*
*
*
*
Possession means U.S. territory.
Quarantine means the separation of
an individual or group reasonably
believed to have been exposed to a
quarantinable communicable disease,
but who is not yet ill, from others who
have not been so exposed, to prevent the
possible spread of the quarantinable
communicable disease.
Quarantinable communicable disease
means any of the communicable
diseases listed in an Executive Order, as
provided under § 361 of the Public
Health Service Act (42 U.S.C. § 264).
Executive Order 13295, of April 4, 2003,
as amended by Executive Order 13375
of April 1, 2005, contains the current
revised list of quarantinable
communicable diseases, and may be
obtained at https://www.cdc.gov and
https://www.archives.gov/
federal_register. If this Order is
amended, HHS will enforce that
amended order immediately and update
that Web site.
Surveillance means the temporary
supervision by a public health official
(or designee) of an individual or group,
who may have been exposed to a
quarantinable communicable disease, to
determine the risk of disease spread.
*
*
*
*
*
U.S. territory means any territory (also
known as possessions) of the United
States, including American Samoa,
Guam, the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and
the U.S. Virgin Islands.
United States means the 50 States,
District of Columbia, and the territories
(also known as possessions) of the
United States, including American
Samoa, Guam, the Northern Mariana
Islands, the Commonwealth of Puerto
Rico, and the U.S. Virgin Islands.
Vector means any animals (vertebrate
or invertebrate) including arthropods or
any noninfectious self-replicating
system (e.g., plasmids or other
molecular vector) or animal products
that are known to transfer, or are
capable of transferring, an infectious
biological agent to a human.
■ 3. Revise § 71.32(a) to read as follows:
tkelley on DSK3SPTVN1PROD with
§ 71.32
Persons, carriers, and things.
(a) Whenever the Director has reason
to believe that any arriving person is
infected with or has been exposed to
any of the communicable diseases listed
in an Executive Order, as provided
under section 361(b) of the Public
Health Service Act, he/she may isolate,
quarantine, or place the person under
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surveillance and may order disinfection
or disinfestation, fumigation, as he/she
considers necessary to prevent the
introduction, transmission or spread of
the listed communicable diseases.
Executive Order 13295, of April 4, 2003,
as provided under section 361 of the
Public Health Service Act (42 U.S.C.
264), and as amended by Executive
Order 13375 of April 1, 2005, contains
the current revised list of quarantinable
communicable diseases, and may be
obtained at https://www.cdc.gov and
https://www.archives.gov/federalregister. If this Order is amended, HHS
will enforce that amended order
immediately and update this reference.
*
*
*
*
*
■ 4. Add § 71.50 to subpart F to read as
follows:
§ 71.50—Scope
and definitions.
(a) The purpose of this subpart is to
prevent the introduction, transmission,
and spread of communicable human
disease resulting from importations of
various animal hosts or vectors or other
etiological agents from foreign countries
into the United States.
(b) In addition to terms in § 71.1, the
terms below, as used in this subpart,
shall have the following meanings:
Animal product or Product means the
hide, hair, skull, teeth, bones, claws,
blood, tissue, or other biological
samples from an animal, including
trophies, mounts, rugs, or other display
items.
Educational purpose means use in the
teaching of a defined educational
program at the university level or
equivalent.
Exhibition purpose means use as part
of a display in a facility comparable to
a zoological park or in a trained animal
act. The animal display must be open to
the general public at routinely
scheduled hours on 5 or more days of
each week. The trained animal act must
be routinely schedule for multiple
performances each week and open to
the general public except for reasonable
vacation and retraining periods.
In transit means animals that are
located within the United States,
whether their presence is anticipated,
scheduled, or not, as part of the
movement of those animals between a
foreign country of departure and foreign
country of final destination without
clearing customs and officially entering
the United States.
Isolation when applied to animals
means the separation of an ill animal or
ill group of animals from individuals, or
other animals, or vectors of disease in
such a manner as to prevent the spread
of infection.
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75891
Licensed veterinarian means an
individual who has obtained both an
advanced degree and valid license to
practice animal medicine.
Person means any individual or
partnership, firm, company,
corporation, association, organization,
or similar legal entity, including those
that are not-for-profit.
Quarantine when applied to animals
means the practice of separating live
animals that are reasonably believed to
have been exposed to a communicable
disease, but are not yet ill, in a setting
where the animal can be observed for
evidence of disease, and where
measures are in place to prevent
transmission of infection to humans or
animals.
Render noninfectious means treating
an animal product (e.g., by boiling,
irradiating, soaking, formalin fixation,
or salting) in such a manner that renders
the product incapable of transferring an
infectious biological agent to a human.
Scientific purpose means use for
scientific research following a defined
protocol and other standards for
research projects as normally conducted
at the university level. The term also
includes the use for safety testing,
potency testing, and other activities
related to the production of medical
products.
You or your means an importer,
owner, or an applicant.
Dated: December 13, 2012.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–30723 Filed 12–21–12; 4:15 pm]
BILLING CODE 4163–18–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2012–0003; Internal
Agency Docket No. FEMA–8261]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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
SUMMARY:
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
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 https://
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, (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.
Community
No.
State and location
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:
■
Effective date authorization/Cancellation of
sale of flood insurance in community
Current effective
map date
Date certain
Federal assistance no longer
available in
SFHAs
September 25, 1975, Emerg; May 17, 1989,
Reg; January 2, 2013, Susp.
April 29, 1975, Emerg; January 3, 1979,
Reg; January 2, 2013, Susp.
January 2, 2013
January 2, 2013
tkelley on DSK3SPTVN1PROD with
Region III
West Virginia:
Ceredo, Town of, Wayne County ..........
540232
Fort Gay, Town of, Wayne County .......
540202
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75893
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
Community
No.
State and location
Kenova, City of, Wayne County ............
540221
Wayne County, Unincorporated Areas ..
540200
Region IV
Kentucky:
Magoffin County, Unincorporated Areas
210158
Salyersville, City of, Magoffin County ...
210159
Region VI
Oklahoma:
Hobart, City of, Kiowa County ...............
400084
Kiowa County, Unincorporated Areas ...
400543
Lone Wolf, Town of, Kiowa County .......
400085
Mountain Park, Town of, Kiowa County
400086
Mountain View, Town of, Kiowa County
400087
Roosevelt, Town of, Kiowa County .......
400088
Snyder, City of, Kiowa County ..............
400089
Texas:
Lubbock, City of, Lubbock County ........
480452
Lubbock County, Unincorporated Areas
480915
Wolfforth, City of, Lubbock County .......
480918
Region VII
Missouri:
Baldwin Park, Village of, Cass County
290880
Belton, City of, Cass County .................
290062
Cass County, Unincorporated Areas .....
290783
Creighton, City of, Cass County ............
290063
Drexel, City of, Cass County .................
290064
Lake Annette, City of, Cass County ......
290953
Peculiar, City of, Cass County ..............
290878
Pleasant Hill, City of, Cass County .......
295269
Raymore, City of, Cass County .............
290070
Riverview Estates, Village of, Cass
County.
290957
Current effective
map date
April 9, 1975, Emerg; May 17, 1989, Reg;
January 2, 2013, Susp.
October 31, 1975, Emerg; September 18,
1987, Reg; January 2, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
December 18, 1978, Emerg; March 4,
1986, Reg; January 2, 2013, Susp.
July 8, 1975, Emerg; October 15, 1985,
Reg; January 2, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
November 14, 1975, Emerg; June 29, 1982,
Reg; January 2, 2013, Susp.
September 20, 1994, Emerg; N/A, Reg;
January 2, 2013, Susp.
November 16, 1976, Emerg; June 29, 1982,
Reg; January 2, 2013, Susp.
November 3, 1976, Emerg; August 3, 1982,
Reg; January 2, 2013, Susp.
October 30, 1975, Emerg; December 12,
1978, Reg; January 2, 2013, Susp.
November 12, 1976, Emerg; March 23,
1982, Reg; January 2, 2013, Susp.
March 18, 1975, Emerg; April 15, 1980,
Reg; January 2, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 24, 1973, Emerg; September 2, 1982,
Reg; January 2, 2013, Susp.
April 16, 2002, Emerg; October 11, 2002,
Reg; January 2, 2013, Susp.
N/A, Emerg; October 25, 2002, Reg; January 2, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
July 19, 1979, Emerg; August 5, 1985, Reg;
January 2, 2013, Susp.
September 3, 1974, Emerg; September 5,
1979, Reg; January 2, 2013, Susp.
April 21, 1975, Emerg; April 15, 1982, Reg;
January 2, 2013, Susp.
August 3, 1979, Emerg; June 30, 1980,
Reg; January 2, 2013, Susp.
June 23, 1975, Emerg; April 8, 1977, Reg;
January 2, 2013, Susp.
N/A, Emerg; June 25, 2004, Reg; January
2, 2013, Susp.
April 19, 1979, Emerg; September 10,
1984, Reg; January 2, 2013, Susp.
April 30, 1971, Emerg; September 15,
1972, Reg; January 2, 2013, Susp.
February 4, 1976, Emerg; May 15, 1986,
Reg; January 2, 2013, Susp.
N/A, Emerg; October 22, 2008, Reg; January 2, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
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*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Date certain
Federal assistance no longer
available in
SFHAs
Effective date authorization/Cancellation of
sale of flood insurance in community
Fmt 4700
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75894
Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
Dated: December 7, 2012.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012–31106 Filed 12–21–12; 4:15 pm]
BILLING CODE 9110–12–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 03–123; WC Docket No.
05–196; WC Docket No. 10–191; FCC 12–
139]
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities; E911 Requirements for IPEnabled Service Providers
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) reconsiders and clarifies
certain aspects of the iTRS Toll Free
Order in response to a petition for
reconsideration and clarification filed
by Sorenson Communications, Inc.
(Sorenson). The Commission grants
Sorenson’s Petition and clarifies certain
aspects of the user notification
requirements and denies the remainder
of the Petition relating to the database
mapping requirements and establishing
a one-year end date for the customer
notification requirements.
DATES: Effective January 25, 2013.
FOR FURTHER INFORMATION CONTACT:
Heather Hendrickson, Wireline
Competition Bureau, (202) 418–7295.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order on
Reconsideration in CG Docket No. 03–
123, WC Docket Nos. 05–196, 10–191,
FCC 12–139, released on November 16,
2012. The full text of this document is
available for public inspection during
regular business hours in the FCC
Reference Center, Room CY–A257, 445
12th Street SW., Washington, DC 20554.
It is also available on the Commission’s
Web site at https://www.fcc.gov.
SUMMARY:
tkelley on DSK3SPTVN1PROD with
I. Introduction
1. In this Order, we grant in part a
petition for reconsideration and
clarification of the Commission’s iTRS
Toll Free Order, 76 FR 59551,
September 27, 2011 filed by Sorenson
Communications, Inc. (Sorenson). In
that Order, the Commission adopted
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04:58 Dec 22, 2012
Jkt 229001
rules to improve assignment of
telephone numbers associated with
Internet-based Telecommunications
Relay Service (iTRS). For the reasons set
forth below, the Commission grants
Sorenson’s Petition with respect to
certain user notification requirements
and denies the remainder of the
Petition.
II. Background
2. Prior to 2008, there was no uniform
numbering system for iTRS services;
some iTRS users were reached via an IP
address, while others were reached via
toll free numbers. Because iTRS
providers did not share their databases,
the lack of standardized numbering
hindered calls between people using
different iTRS services. The widespread
use of toll free numbers created
additional competitive concerns
because the users could not take their
telephone numbers with them if they
switched providers.
3. To address these concerns,
beginning in 2008 the Commission
adopted a series of orders that
discouraged iTRS providers from
issuing toll free numbers to their users.
Ultimately, in the iTRS Toll Free Order,
the Commission prohibited iTRS
providers from issuing toll free
numbers, requiring them instead to
issue only geographically appropriate,
ten-digit, North American Numbering
Plan (NANP) telephone numbers. The
Commission took this action because, in
addition to the competitive concerns
described above, the routine issuance of
toll free numbers confused iTRS users,
undermined the Commission’s number
conservation policy, increased costs to
the TRS Fund, and potentially hindered
responses to 911 calls.
4. Historically, when an iTRS user
had a toll free number, the iTRS
provider was the subscriber of record for
that number; the user did not have a
direct relationship with the toll free
service provider. Under the rules the
Commission adopted in the iTRS Toll
Free Order, however, the iTRS user
must be the toll free service provider’s
subscriber of record and must pay for
the toll free subscription. The Order
requires iTRS providers to facilitate this
transition in various ways, notably by
ensuring that iTRS users’ toll free
numbers are properly mapped in the
TRS Numbering Directory (the
numbering database used for iTRS
services) and by explaining to users how
they may keep or acquire a toll free
number. The Order established a oneyear transition period for iTRS
providers to implement the new rules;
the transition period ends on November
21, 2012.
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5. In October 2011, Sorenson filed a
petition seeking reconsideration and
clarification of specific aspects of the
iTRS Toll Free Order. Sorenson
challenges aspects of the database
mapping requirement and the customer
notification requirement. No party
opposed Sorenson’s Petition, and one
party—Hamilton Relay—filed in
support.
III. Discussion
A. Database Mapping
6. The iTRS Toll Free Order requires
iTRS providers to ensure that when an
iTRS subscriber obtains a toll free
number, that toll free number is
properly mapped to that subscriber’s
NANP geographic number in the TRS
Numbering Directory. The user’s toll
free number must be associated with the
same Uniform Resource Identifier (URI)
as that user’s geographically appropriate
NANP number in the TRS Numbering
Directory.
7. Sorenson asks the Commission to
reconsider this requirement, arguing
that iTRS providers should not be
required to map an iTRS user’s toll free
number to the user’s URI in the TRS
Numbering Directory. Sorenson claims
that, because iTRS providers will no
longer provision toll free numbers under
the new rules, they will be unable to
ensure that the information they receive
about a number is accurate. Sorenson
also claims that it will be unable to
identify potential mistakes or changes
when mapping a toll free number to the
user’s URI, such as if a user chooses to
disconnect a toll free number and does
not notify the iTRS provider. Sorenson
further claims that mistakes in mapping
will result in call failures due to
database errors, and that the rules may
enable fraud and spoofing by iTRS
users. Sorenson argues that the
Commission should consider alternative
approaches. Specifically, Sorenson
proposes that the Commission either (1)
sever any connection between an iTRS
user’s toll free number and the TRS
Numbering Directory, or (2) require
another entity (not the iTRS provider) to
verify that the toll free numbers and
mappings are valid.
8. We deny Sorenson’s Petition in this
respect and decline to reconsider the
database mapping requirements in the
iTRS Toll Free Order. We do not find
that Sorenson’s concerns about linking
a toll free number to an iTRS user’s URI
in the TRS Numbering Directory
warrant a change to the current rules;
nor do we find that Sorenson’s proposed
alternatives constitute a better approach.
9. As an initial matter, we note that
the Commission addressed Sorenson’s
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]]>Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75891-75894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31106]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8261]
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
[[Page 75892]]
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 https://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, (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:
----------------------------------------------------------------------------------------------------------------
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 III
West Virginia:
Ceredo, Town of, Wayne 540232 September 25, January 2, 2013....... January 2, 2013
County. 1975, Emerg; May
17, 1989, Reg;
January 2, 2013,
Susp.
Fort Gay, Town of, Wayne 540202 April 29, 1975, ......do*............. Do.
County. Emerg; January
3, 1979, Reg;
January 2, 2013,
Susp.
[[Page 75893]]
Kenova, City of, Wayne 540221 April 9, 1975, ......do.............. Do.
County. Emerg; May 17,
1989, Reg;
January 2, 2013,
Susp.
Wayne County, 540200 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1987, Reg;
January 2, 2013,
Susp.
Region IV
Kentucky:
Magoffin County, 210158 December 18, ......do.............. Do.
Unincorporated Areas. 1978, Emerg;
March 4, 1986,
Reg; January 2,
2013, Susp.
Salyersville, City of, 210159 July 8, 1975, ......do.............. Do.
Magoffin County. Emerg; October
15, 1985, Reg;
January 2, 2013,
Susp.
Region VI
Oklahoma:
Hobart, City of, Kiowa 400084 November 14, ......do.............. Do.
County. 1975, Emerg;
June 29, 1982,
Reg; January 2,
2013, Susp.
Kiowa County, 400543 September 20, ......do.............. Do.
Unincorporated Areas. 1994, Emerg; N/
A, Reg; January
2, 2013, Susp.
Lone Wolf, Town of, Kiowa 400085 November 16, ......do.............. Do.
County. 1976, Emerg;
June 29, 1982,
Reg; January 2,
2013, Susp.
Mountain Park, Town of, 400086 November 3, 1976, ......do.............. Do.
Kiowa County. Emerg; August 3,
1982, Reg;
January 2, 2013,
Susp.
Mountain View, Town of, 400087 October 30, 1975, ......do.............. Do.
Kiowa County. Emerg; December
12, 1978, Reg;
January 2, 2013,
Susp.
Roosevelt, Town of, Kiowa 400088 November 12, ......do.............. Do.
County. 1976, Emerg;
March 23, 1982,
Reg; January 2,
2013, Susp.
Snyder, City of, Kiowa 400089 March 18, 1975, ......do.............. Do.
County. Emerg; April 15,
1980, Reg;
January 2, 2013,
Susp.
Texas:
Lubbock, City of, Lubbock 480452 May 24, 1973, ......do.............. Do.
County. Emerg; September
2, 1982, Reg;
January 2, 2013,
Susp.
Lubbock County, 480915 April 16, 2002, ......do.............. Do.
Unincorporated Areas. Emerg; October
11, 2002, Reg;
January 2, 2013,
Susp.
Wolfforth, City of, Lubbock 480918 N/A, Emerg; ......do.............. Do.
County. October 25,
2002, Reg;
January 2, 2013,
Susp.
Region VII
Missouri:
Baldwin Park, Village of, 290880 July 19, 1979, ......do.............. Do.
Cass County. Emerg; August 5,
1985, Reg;
January 2, 2013,
Susp.
Belton, City of, Cass 290062 September 3, ......do.............. Do.
County. 1974, Emerg;
September 5,
1979, Reg;
January 2, 2013,
Susp.
Cass County, Unincorporated 290783 April 21, 1975, ......do.............. Do.
Areas. Emerg; April 15,
1982, Reg;
January 2, 2013,
Susp.
Creighton, City of, Cass 290063 August 3, 1979, ......do.............. Do.
County. Emerg; June 30,
1980, Reg;
January 2, 2013,
Susp.
Drexel, City of, Cass 290064 June 23, 1975, ......do.............. Do.
County. Emerg; April 8,
1977, Reg;
January 2, 2013,
Susp.
Lake Annette, City of, Cass 290953 N/A, Emerg; June ......do.............. Do.
County. 25, 2004, Reg;
January 2, 2013,
Susp.
Peculiar, City of, Cass 290878 April 19, 1979, ......do.............. Do.
County. Emerg; September
10, 1984, Reg;
January 2, 2013,
Susp.
Pleasant Hill, City of, 295269 April 30, 1971, ......do.............. Do.
Cass County. Emerg; September
15, 1972, Reg;
January 2, 2013,
Susp.
Raymore, City of, Cass 290070 February 4, 1976, ......do.............. Do.
County. Emerg; May 15,
1986, Reg;
January 2, 2013,
Susp.
Riverview Estates, Village 290957 N/A, Emerg; ......do.............. Do.
of, Cass County. October 22,
2008, Reg;
January 2, 2013,
Susp.
----------------------------------------------------------------------------------------------------------------
*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
[[Page 75894]]
Dated: December 7, 2012.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2012-31106 Filed 12-21-12; 4:15 pm]
BILLING CODE 9110-12-P
