Suspension of Community Eligibility, 25582-25585 [2013-10348]
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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations
(58 FR 51735, October 4, 1993), and
therefore this action is not subject to
review by OMB. This action authorizes
State requirements for the purpose of
RCRA 3006 and imposes no additional
requirements beyond those imposed by
State law. Accordingly, I certify that this
action will not have a significant
economic impact on a substantial
number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.). Because this action authorizes
pre-existing requirements under State
law and does not impose any additional
enforceable duty beyond that required
by State law, it does not contain any
unfunded mandate or significantly or
uniquely affect small governments, as
described in the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104–4). For
the same reason, this action also does
not significantly or uniquely affect the
communities of Tribal governments, as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This
action will not have substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government, as
specified in Executive Order 13132 (64
FR 43255, August 10, 1999), because it
merely authorizes State requirements as
part of the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), EPA grants a
State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
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this rule, EPA has taken the necessary
steps to eliminate drafting errors and
ambiguity, minimize potential litigation,
and provide a clear legal standard for
affected conduct. EPA has complied
with Executive Order 12630 (53 FR
8859, March 15, 1988) by examining the
takings implications of the rule in
accordance with the ‘‘Attorney
General’s Supplemental Guidelines for
the Evaluation of Risk and Avoidance of
Unanticipated Takings’’ issued under
the executive order. This rule does not
impose an information collection
burden under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this document and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication in the Federal Register. A
major rule cannot take effect until 60
days after it is published in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2). This
action will be effective July 1, 2013,
unless objections to this authorization
are received.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indian lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act, as
amended, 42 U.S.C. 6912(a), 6926, and
6974(b).
Dated: March 28, 2013.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.
[FR Doc. 2013–10408 Filed 5–1–13; 8:45 am]
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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–8279]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
ACTION: Final rule.
AGENCY:
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 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
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Federal Register / Vol. 78, No. 85 / Thursday, May 2, 2013 / Rules and Regulations
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
Community
No.
State and location
422158
Bethany, Borough of, Wayne County ....
422566
Buckingham, Township of, Wayne
County.
Canaan, Township of, Wayne County ..
422159
Cherry Ridge, Township of, Wayne
County.
Clinton, Township of, Wayne County ....
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Region III
Pennsylvania:
Berlin, Township of, Wayne County ......
422161
Damascus, Township of, Wayne County.
Dreher, Township of, Wayne County ....
422163
422164
Dyberry, Township of, Wayne County ..
422165
Hawley, Borough of, Wayne County .....
420863
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422160
422162
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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:
■
Date certain
Federal
assistance no
longer
available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
January 23, 1976, Emerg; July 15, 1988,
Reg; May 16, 2013, Susp.
October 31, 1975, Emerg; November 6,
1981, Reg; May 16, 2013, Susp.
May 12, 1975, Emerg; August 19, 1985,
Reg; May 16, 2013, Susp.
August 28, 1975, Emerg; September 30,
1987, Reg; May 16, 2013, Susp.
November 14, 1975, Emerg; December 4,
1985, Reg; May 16, 2013, Susp.
November 13, 1975, Emerg; February 4,
1983, Reg; May 16, 2013, Susp.
June 9, 1975, Emerg; September 30, 1988,
Reg; May 16, 2013, Susp.
May 14, 1975, Emerg; March 4, 1988, Reg;
May 16, 2013, Susp.
May 2, 1975, Emerg; September 30, 1987,
Reg; May 16, 2013, Susp.
July 18, 1974, Emerg; August 19, 1991,
Reg; May 16, 2013, Susp.
May 16, 2013 ...
May 16, 2013
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
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Community
No.
State and location
Date certain
Federal
assistance no
longer
available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
April 18, 1973, Emerg; November 30, 1973,
Reg; May 16, 2013, Susp.
September 17, 1975, Emerg; October 15,
1985, Reg; May 16, 2013, Susp.
January 18, 1980, Emerg; August 19, 1985,
Reg; May 16, 2013, Susp.
July 2, 1975, Emerg; March 4, 1988, Reg;
May 16, 2013, Susp.
December 8, 1975, Emerg; September 30,
1988, Reg; May 16, 2013, Susp.
July 2, 1975, Emerg; December 4, 1985,
Reg; May 16, 2013, Susp.
December 2, 1975, Emerg; November 5,
1982, Reg; May 16, 2013, Susp.
April 18, 1973, Emerg; March 15, 1977,
Reg; May 16, 2013, Susp.
December 10, 1973, Emerg; March 1,
1977, Reg; May 16, 2013, Susp.
May 12, 1975, Emerg; October 15, 1985,
Reg; May 16, 2013, Susp.
June 25, 1975, Emerg; June 1, 1989, Reg;
May 16, 2013, Susp.
September 30, 1975, Emerg; July 15, 1988,
Reg; May 16, 2013, Susp.
January 27, 1976, Emerg; December 4,
1985, Reg; May 16, 2013, Susp.
July 29, 1975, Emerg; August 19, 1985,
Reg; May 16, 2013, Susp.
November 26, 1975, Emerg; February 17,
1988, Reg; May 16, 2013, Susp.
May 13, 1975, Emerg; December 3, 1982,
Reg; May 16, 2013, Susp.
July 24, 1975, Emerg; September 30, 1987,
Reg; May 16, 2013, Susp.
July 23, 1975, Emerg; October 30, 1981,
Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
Honesdale, Borough of, Wayne County
420864
Lake, Township of, Wayne County .......
422166
Lebanon, Township of, Wayne County
422567
Lehigh, Township of, Wayne County ....
422167
Manchester, Township of, Wayne
County.
Mount Pleasant, Township of, Wayne
County.
Oregon, Township of, Wayne County ...
422168
422169
Palmyra, Township of, Wayne County ..
420865
Paupack, Township of, Wayne County
421023
Preston, Township of, Wayne County ...
422171
Prompton, Borough of, Wayne County
420866
Salem, Township of, Wayne County .....
422172
Scott, Township of, Wayne County .......
422173
South Canaan, Township of, Wayne
County.
Starrucca, Borough of, Wayne County
422174
Sterling, Township of, Wayne County ...
422175
Texas, Township of, Wayne County .....
422176
Waymart, Borough of, Wayne County ..
420868
West Virginia:
Boone County, Unincorporated Areas ..
540007
April 25, 1975, Emerg; April 16, 1991, Reg;
May 16, 2013, Susp.
......do ...............
Do.
Region IV
Georgia:
Atlanta, City of, DeKalb and Fulton
Counties.
Dunwoody, City of, DeKalb County .......
135157
April 30, 1970, Emerg; October 14, 1971,
Reg; May 16, 2013, Susp.
N/A, Emerg; October 14, 2009, Reg; May
16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
Kentucky:
Augusta, City of, Bracken County .........
210022
February 26, 1975, Emerg; September 16,
1988, Reg; May 16, 2013, Susp.
June 9, 1997, Emerg; November 1, 1997,
Reg; May 16, 2013, Susp.
September 19, 1974, Emerg; April 15,
1980, Reg; May 16, 2013, Susp.
March 19, 1974, Emerg; June 15, 1979,
Reg; May 16, 2013, Susp.
N/A, Emerg; April 20, 2011, Reg; May 16,
2013, Susp.
N/A, Emerg; June 11, 2009, Reg; May 16,
2013, Susp.
N/A, Emerg; November 22, 2010, Reg; May
16, 2013, Susp.
November 20, 1997, Emerg; March 16,
2009, Reg; May 16, 2013, Susp.
October 21, 1980, Emerg; October 21,
1980, Reg; May 16, 2013, Susp.
October 10, 1974, Emerg; September 17,
1980, Reg; May 16, 2013, Susp.
December 26, 1974, Emerg; July 2, 1981,
Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
422170
420867
130679
210021
Bromley, City of, Kenton County ...........
210253
Covington, City of, Kenton County ........
210129
Crescent Springs, City of, Kenton
County.
Crestview Hills, City of, Kenton County
210450
Edgewood, City of, Kenton County .......
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Bracken County, Unincorporated Areas
210452
Erlanger, City of, Kenton County ..........
210378
Fort Wright, City of, Kenton County ......
210249
Independence, City of, Kenton County
210240
Kenton County, Unincorporated Areas
210128
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Community
No.
State and location
Ludlow, City of, Kenton County .............
210266
Ryland Heights, City of, Kenton County
210389
Taylor Mill, City of, Kenton County .......
210246
Villa Hills, City of, Kenton County .........
210456
Mississippi:
Lauderdale County, Unincorporated
Areas.
Meridian, City of, Lauderdale County ....
280224
280096
Region V
Michigan:
Allendale, Charter Township of, Ottawa
County.
Georgetown, Charter Township of, Ottawa County.
Tallmadge, Charter Township of, Ottawa County.
Wisconsin:
Oneida County, Unincorporated Areas
260490
260589
260494
550579
Rhinelander, City of, Oneida County ....
550301
Region VI
Arkansas:
Greene County, Unincorporated Areas
050435
Oak Grove Heights, City of, Greene
County.
New Mexico:
Clovis, City of, Curry County .................
050510
Curry County, Unincorporated Areas ....
350127
Region VIII
Colorado:
Crested Butte, Town of, Gunnison
County.
Gunnison, City of, Gunnison County .....
080079
350010
080080
Gunnison
County,
Unincorporated
Areas.
Marble, Town of, Gunnison County ......
080078
080197
Date certain
Federal
assistance no
longer
available
in SFHAs
Effective date authorization/cancellation of
sale of flood insurance in community
Current effective
map date
October 29, 1974, Emerg; September 28,
1979, Reg; May 16, 2013, Susp.
N/A, Emerg; September 18, 2001, Reg;
May 16, 2013, Susp.
September 13, 1974, Emerg; September
28, 1979, Reg; May 16, 2013, Susp.
N/A, Emerg; May 22, 2009, Reg; May 16,
2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
May 28, 1975, Emerg; September 29, 1989,
Reg; May 16, 2013, Susp.
November 19, 1971, Emerg; December 15,
1977, Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
December 30, 1977, Emerg; July 5, 1982,
Reg; May 16, 2013, Susp.
December 16, 1975, Emerg; July 18, 1985,
Reg; May 16, 2013, Susp.
September 3, 1980, Emerg; March 2, 1983,
Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
June 10, 1975, Emerg; August 5, 1991,
Reg; May 16, 2013, Susp.
March 25, 1975, Emerg; August 5, 1991,
Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
N/A, Emerg; July 20, 2011, Reg; May 16,
2013, Susp.
N/A, Emerg; July 27, 2011, Reg; May 16,
2013, Susp.
......do ...............
Do.
......do ...............
Do.
May 1, 1974, Emerg; February 4, 1981,
Reg; May 16, 2013, Susp.
February 11, 2005, Emerg; August 5, 2010,
Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
June 13, 1974, Emerg; September 4, 1985,
Reg; May 16, 2013, Susp.
June 18, 1975, Emerg; April 18, 1983, Reg;
May 16, 2013, Susp.
May 28, 1975, Emerg; September 29, 1989,
Reg; May 16, 2013, Susp.
January 16, 1976, Emerg; October 1, 1990,
Reg; May 16, 2013, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
*-do- =Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
emcdonald on DSK67QTVN1PROD with RULES
Dated: March 27, 2013.
David L. Miller,
Associate Administrator, Federal Insurance
and Mitigation Administration, Department
of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013–10348 Filed 5–1–13; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 64
[Docket ID FEMA–2013–0002; Internal
Agency Docket No. FEMA–8283]
Suspension of Community Eligibility
Federal Emergency
Management Agency, DHS.
AGENCY:
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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
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25582-25585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10348]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8279]
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 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
[[Page 25583]]
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
Pennsylvania:
Berlin, Township of, Wayne 422158 January 23, 1976, May 16, 2013.......... May 16, 2013
County. Emerg; July 15,
1988, Reg; May
16, 2013, Susp.
Bethany, Borough of, Wayne 422566 October 31, 1975, ......do.............. Do.
County. Emerg; November
6, 1981, Reg; May
16, 2013, Susp.
Buckingham, Township of, 422159 May 12, 1975, ......do.............. Do.
Wayne County. Emerg; August 19,
1985, Reg; May
16, 2013, Susp.
Canaan, Township of, Wayne 422160 August 28, 1975, ......do.............. Do.
County. Emerg; September
30, 1987, Reg;
May 16, 2013,
Susp.
Cherry Ridge, Township of, 422161 November 14, 1975, ......do.............. Do.
Wayne County. Emerg; December
4, 1985, Reg; May
16, 2013, Susp.
Clinton, Township of, 422162 November 13, 1975, ......do.............. Do.
Wayne County. Emerg; February
4, 1983, Reg; May
16, 2013, Susp.
Damascus, Township of, 422163 June 9, 1975, ......do.............. Do.
Wayne County. Emerg; September
30, 1988, Reg;
May 16, 2013,
Susp.
Dreher, Township of, Wayne 422164 May 14, 1975, ......do.............. Do.
County. Emerg; March 4,
1988, Reg; May
16, 2013, Susp.
Dyberry, Township of, 422165 May 2, 1975, ......do.............. Do.
Wayne County. Emerg; September
30, 1987, Reg;
May 16, 2013,
Susp.
Hawley, Borough of, Wayne 420863 July 18, 1974, ......do.............. Do.
County. Emerg; August 19,
1991, Reg; May
16, 2013, Susp.
[[Page 25584]]
Honesdale, Borough of, 420864 April 18, 1973, ......do.............. Do.
Wayne County. Emerg; November
30, 1973, Reg;
May 16, 2013,
Susp.
Lake, Township of, Wayne 422166 September 17, ......do.............. Do.
County. 1975, Emerg;
October 15, 1985,
Reg; May 16,
2013, Susp.
Lebanon, Township of, 422567 January 18, 1980, ......do.............. Do.
Wayne County. Emerg; August 19,
1985, Reg; May
16, 2013, Susp.
Lehigh, Township of, Wayne 422167 July 2, 1975, ......do.............. Do.
County. Emerg; March 4,
1988, Reg; May
16, 2013, Susp.
Manchester, Township of, 422168 December 8, 1975, ......do.............. Do.
Wayne County. Emerg; September
30, 1988, Reg;
May 16, 2013,
Susp.
Mount Pleasant, Township 422169 July 2, 1975, ......do.............. Do.
of, Wayne County. Emerg; December
4, 1985, Reg; May
16, 2013, Susp.
Oregon, Township of, Wayne 422170 December 2, 1975, ......do.............. Do.
County. Emerg; November
5, 1982, Reg; May
16, 2013, Susp.
Palmyra, Township of, 420865 April 18, 1973, ......do.............. Do.
Wayne County. Emerg; March 15,
1977, Reg; May
16, 2013, Susp.
Paupack, Township of, 421023 December 10, 1973, ......do.............. Do.
Wayne County. Emerg; March 1,
1977, Reg; May
16, 2013, Susp.
Preston, Township of, 422171 May 12, 1975, ......do.............. Do.
Wayne County. Emerg; October
15, 1985, Reg;
May 16, 2013,
Susp.
Prompton, Borough of, 420866 June 25, 1975, ......do.............. Do.
Wayne County. Emerg; June 1,
1989, Reg; May
16, 2013, Susp.
Salem, Township of, Wayne 422172 September 30, ......do.............. Do.
County. 1975, Emerg; July
15, 1988, Reg;
May 16, 2013,
Susp.
Scott, Township of, Wayne 422173 January 27, 1976, ......do.............. Do.
County. Emerg; December
4, 1985, Reg; May
16, 2013, Susp.
South Canaan, Township of, 422174 July 29, 1975, ......do.............. Do.
Wayne County. Emerg; August 19,
1985, Reg; May
16, 2013, Susp.
Starrucca, Borough of, 420867 November 26, 1975, ......do.............. Do.
Wayne County. Emerg; February
17, 1988, Reg;
May 16, 2013,
Susp.
Sterling, Township of, 422175 May 13, 1975, ......do.............. Do.
Wayne County. Emerg; December
3, 1982, Reg; May
16, 2013, Susp.
Texas, Township of, Wayne 422176 July 24, 1975, ......do.............. Do.
County. Emerg; September
30, 1987, Reg;
May 16, 2013,
Susp.
Waymart, Borough of, Wayne 420868 July 23, 1975, ......do.............. Do.
County. Emerg; October
30, 1981, Reg;
May 16, 2013,
Susp.
West Virginia:
Boone County, 540007 April 25, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; April 16,
1991, Reg; May
16, 2013, Susp.
Region IV
Georgia:
Atlanta, City of, DeKalb 135157 April 30, 1970, ......do.............. Do.
and Fulton Counties. Emerg; October
14, 1971, Reg;
May 16, 2013,
Susp.
Dunwoody, City of, DeKalb 130679 N/A, Emerg; ......do.............. Do.
County. October 14, 2009,
Reg; May 16,
2013, Susp.
Kentucky:
Augusta, City of, Bracken 210022 February 26, 1975, ......do.............. Do.
County. Emerg; September
16, 1988, Reg;
May 16, 2013,
Susp.
Bracken County, 210021 June 9, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1997, Reg; May
16, 2013, Susp.
Bromley, City of, Kenton 210253 September 19, ......do.............. Do.
County. 1974, Emerg;
April 15, 1980,
Reg; May 16,
2013, Susp.
Covington, City of, Kenton 210129 March 19, 1974, ......do.............. Do.
County. Emerg; June 15,
1979, Reg; May
16, 2013, Susp.
Crescent Springs, City of, 210450 N/A, Emerg; April ......do.............. Do.
Kenton County. 20, 2011, Reg;
May 16, 2013,
Susp.
Crestview Hills, City of, 210451 N/A, Emerg; June ......do.............. Do.
Kenton County. 11, 2009, Reg;
May 16, 2013,
Susp.
Edgewood, City of, Kenton 210452 N/A, Emerg; ......do.............. Do.
County. November 22,
2010, Reg; May
16, 2013, Susp.
Erlanger, City of, Kenton 210378 November 20, 1997, ......do.............. Do.
County. Emerg; March 16,
2009, Reg; May
16, 2013, Susp.
Fort Wright, City of, 210249 October 21, 1980, ......do.............. Do.
Kenton County. Emerg; October
21, 1980, Reg;
May 16, 2013,
Susp.
Independence, City of, 210240 October 10, 1974, ......do.............. Do.
Kenton County. Emerg; September
17, 1980, Reg;
May 16, 2013,
Susp.
Kenton County, 210128 December 26, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; July 2,
1981, Reg; May
16, 2013, Susp.
[[Page 25585]]
Ludlow, City of, Kenton 210266 October 29, 1974, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
May 16, 2013,
Susp.
Ryland Heights, City of, 210389 N/A, Emerg; ......do.............. Do.
Kenton County. September 18,
2001, Reg; May
16, 2013, Susp.
Taylor Mill, City of, 210246 September 13, ......do.............. Do.
Kenton County. 1974, Emerg;
September 28,
1979, Reg; May
16, 2013, Susp.
Villa Hills, City of, 210456 N/A, Emerg; May ......do.............. Do.
Kenton County. 22, 2009, Reg;
May 16, 2013,
Susp.
Mississippi:
Lauderdale County, 280224 May 28, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1989, Reg;
May 16, 2013,
Susp.
Meridian, City of, 280096 November 19, 1971, ......do.............. Do.
Lauderdale County. Emerg; December
15, 1977, Reg;
May 16, 2013,
Susp.
Region V
Michigan:
Allendale, Charter 260490 December 30, 1977, ......do.............. Do.
Township of, Ottawa Emerg; July 5,
County. 1982, Reg; May
16, 2013, Susp.
Georgetown, Charter 260589 December 16, 1975, ......do.............. Do.
Township of, Ottawa Emerg; July 18,
County. 1985, Reg; May
16, 2013, Susp.
Tallmadge, Charter 260494 September 3, 1980, ......do.............. Do.
Township of, Ottawa Emerg; March 2,
County. 1983, Reg; May
16, 2013, Susp.
Wisconsin:
Oneida County, 550579 June 10, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1991, Reg; May
16, 2013, Susp.
Rhinelander, City of, 550301 March 25, 1975, ......do.............. Do.
Oneida County. Emerg; August 5,
1991, Reg; May
16, 2013, Susp.
Region VI
Arkansas:
Greene County, 050435 N/A, Emerg; July ......do.............. Do.
Unincorporated Areas. 20, 2011, Reg;
May 16, 2013,
Susp.
Oak Grove Heights, City 050510 N/A, Emerg; July ......do.............. Do.
of, Greene County. 27, 2011, Reg;
May 16, 2013,
Susp.
New Mexico:
Clovis, City of, Curry 350010 May 1, 1974, ......do.............. Do.
County. Emerg; February
4, 1981, Reg; May
16, 2013, Susp.
Curry County, 350127 February 11, 2005, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
2010, Reg; May
16, 2013, Susp.
Region VIII
Colorado:
Crested Butte, Town of, 080079 June 13, 1974, ......do.............. Do.
Gunnison County. Emerg; September
4, 1985, Reg; May
16, 2013, Susp.
Gunnison, City of, 080080 June 18, 1975, ......do.............. Do.
Gunnison County. Emerg; April 18,
1983, Reg; May
16, 2013, Susp.
Gunnison County, 080078 May 28, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1989, Reg;
May 16, 2013,
Susp.
Marble, Town of, Gunnison 080197 January 16, 1976, ......do.............. Do.
County. Emerg; October 1,
1990, Reg; May
16, 2013, Susp.
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
Dated: March 27, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-10348 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-12-P
