Suspension of Community Eligibility
Federal Register, Volume 78 Issue 85 (Thursday, May 2, 2013)
Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)
Rules and Regulations
Pages 25585-25589
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-10350
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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-8283
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
Page 25586
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
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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
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The tables published under the authority of Sec. 64.6 are amended as follows:
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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 II
New York:
Albion, Town of, Oswego 361577 December 15, 1975, June 18, 2013......... June 18, 2013
County. Emerg; April 15,
1986, Reg; June
18, 2013, Susp.
Altmar, Village of, Oswego 360646 January 12, 1976, *......do............. Do.
County. Emerg; February
5, 1986, Reg;
June 18, 2013,
Susp.
Amboy, Town of, Oswego 361260 September 6, 1985, ......do.............. Do.
County. Emerg; March 1,
1988, Reg; June
18, 2013, Susp.
Page 25587
Central Square, Village 360647 July 7, 1975, ......do.............. Do.
of, Oswego County. Emerg; November
20, 1985, Reg;
June 18, 2013,
Susp.
Cleveland, Village of, 360998 January 13, 1976, ......do.............. Do.
Oswego County. Emerg; June 1,
1982, Reg; June
18, 2013, Susp.
Constantia, Town of, 360648 June 26, 1975, ......do.............. Do.
Oswego County. Emerg; November
3, 1982, Reg;
June 18, 2013,
Susp.
Fulton, City of, Oswego 360649 November 20, 1974, ......do.............. Do.
County. Emerg; April 15,
1982, Reg; June
18, 2013, Susp.
Granby, Town of, Oswego 360650 June 30, 1975, ......do.............. Do.
County. Emerg; September
16, 1982, Reg;
June 18, 2013,
Susp.
Hannibal, Town of, Oswego 360651 September 6, 1985, ......do.............. Do.
County. Emerg; February
1, 1988, Reg;
June 18, 2013,
Susp.
Hannibal, Village of, 360652 October 29, 1974, ......do.............. Do.
Oswego County. Emerg; April 1,
1987, Reg; June
18, 2013, Susp.
Hastings, Town of, Oswego 360653 March 10, 1975, ......do.............. Do.
County. Emerg; January
19, 1983, Reg;
June 18, 2013,
Susp.
Lacona, Village of, Oswego 361350 November 25, 1977, ......do.............. Do.
County. Emerg; May 11,
1979, Reg; June
18, 2013, Susp.
Mexico, Town of, Oswego 360654 June 30, 1976, ......do.............. Do.
County. Emerg; October
15, 1981, Reg;
June 18, 2013,
Susp.
Mexico, Village of, Oswego 361460 July 30, 1975, ......do.............. Do.
County. Emerg; October
15, 1981, Reg;
June 18, 2013,
Susp.
Minetto, Town of, Oswego 361261 October 24, 1975, ......do.............. Do.
County. Emerg; September
30, 1981, Reg;
June 18, 2013,
Susp.
New Haven, Town of, Oswego 360655 December 23, 1975, ......do.............. Do.
County. Emerg; February
17, 1982, Reg;
June 18, 2013,
Susp.
Oswego, City of, Oswego 360656 April 30, 1973, ......do.............. Do.
County. Emerg; May 16,
1977, Reg; June
18, 2013, Susp.
Oswego, Town of, Oswego 360657 December 16, 1976, ......do.............. Do.
County. Emerg; September
30, 1981, Reg;
June 18, 2013,
Susp.
Parish, Town of, Oswego 361546 December 9, 1976, ......do.............. Do.
County. Emerg; April 15,
1986, Reg; June
18, 2013, Susp.
Parish, Village of, Oswego 361575 November 18, 1975, ......do.............. Do.
County. Emerg; February
19, 1986, Reg;
June 18, 2013,
Susp.
Phoenix, Village of, 360658 March 10, 1975, ......do.............. Do.
Oswego County. Emerg; February
17, 1982, Reg;
June 18, 2013,
Susp.
Pulaski, Village of, 360659 June 2, 1975, ......do.............. Do.
Oswego County. Emerg; September
2, 1982, Reg;
June 18, 2013,
Susp.
Redfield, Town of Oswego 361265 September 17, ......do.............. Do.
County. 1985, Emerg;
April 1, 1991,
Reg; June 18,
2013, Susp.
Richland, Town of, Oswego 360660 March 21, 1974, ......do.............. Do.
County. Emerg; February
15, 1978, Reg;
June 18, 2013,
Susp.
Sandy Creek, Town of, 360661 August 18, 1975, ......do.............. Do.
Oswego County. Emerg; October
15, 1981, Reg;
June 18, 2013,
Susp.
Sandy Creek, Village of, 361358 May 31, 1977, ......do.............. Do.
Oswego County. Emerg; May 11,
1979, Reg; June
18, 2013, Susp.
Schroeppel, Town of, 360662 June 13, 1975, ......do.............. Do.
Oswego County. Emerg; August 2,
1982, Reg; June
18, 2013, Susp.
Scriba, Town of, Oswego 360663 September 15, ......do.............. Do.
County. 1975, Emerg;
September 16,
1982, Reg; June
18, 2013, Susp.
Volney, Town of, Oswego 361266 November 20, 1975, ......do.............. Do.
County. Emerg; April 15,
1982, Reg; June
18, 2013, Susp.
West Monroe, Town of, 360664 October 3, 1975, ......do.............. Do.
Oswego County. Emerg; January
20, 1982, Reg;
June 18, 2013,
Susp.
Region IV
Florida:
Blountstown, City of, 120060 March 17, 1975, ......do.............. Do.
Calhoun County. Emerg; May 1,
1980, Reg; June
18, 2013, Susp.
Calhoun County, 120403 May 14, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 18,
1987, Reg; June
18, 2013, Susp.
Kissimmee, City of, 120190 December 13, 1974, ......do.............. Do.
Osceola County. Emerg; July 2,
1981, Reg; June
18, 2013, Susp.
Liberty County, 120148 May 19, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; July 16,
1991, Reg; June
18, 2013, Susp.
Osceola County, 120189 September 4, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
3, 1982, Reg;
June 18, 2013,
Susp.
Saint Cloud, City of, 120191 April 23, 1975, ......do.............. Do.
Osceola County. Emerg; September
17, 1980, Reg;
June 18, 2013,
Susp.
Kentucky:
Page 25588
Butler, City of, Pendleton 210188 May 3, 1974, ......do.............. Do.
County. Emerg; April 30,
1986, Reg; June
18, 2013, Susp.
Falmouth, City of, 210189 November 5, 1975, ......do.............. Do.
Pendleton County. Emerg; July 3,
1986, Reg; June
18, 2013, Susp.
Frankfort, City of, 210075 April 23, 1974, ......do.............. Do.
Franklin County. Emerg; July 2,
1981, Reg; June
18, 2013, Susp.
Franklin County, 210280 January 23, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1981, Reg;
June 18, 2013,
Susp.
Pendleton County, 210297 May 1, 1997, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1999, Reg; June
18, 2013, Susp.
North Carolina:
Edgecombe County, 370087 August 6, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 3,
1981, Reg; June
18, 2013, Susp.
Enfield, Town of, Halifax 370115 August 7, 1975, ......do.............. Do.
County. Emerg; June 25,
1976, Reg; June
18, 2013, Susp.
Halifax County, 370327 November 22, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; May 5,
1981, Reg; June
18, 2013, Susp.
Nash County, 370278 January 10, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1978, Reg; June
18, 2013, Susp.
Nashville, Town of, Nash 370167 July 2, 1975, ......do.............. Do.
County. Emerg; January
17, 1986, Reg;
June 18, 2013,
Susp.
Red Oak, Town of, Nash 370516 N/A, Emerg; ......do.............. Do.
County. January 22, 1999,
Reg; June 18,
2013, Susp.
Rocky Mount, City of, 370092 January 17, 1974, ......do.............. Do.
Edgecombe and Nash Emerg; May 1,
Counties. 1978, Reg; June
18, 2013, Susp.
Sharpsburg, Town of, 370441 December 18, 1984, ......do.............. Do.
Edgecombe County. Emerg; July 3,
1990, Reg; June
18, 2013, Susp.
Whitakers, Town of, 370095 August 6, 1975, ......do.............. Do.
Edgecombe County. Emerg; April 15,
1980, Reg; June
18, 2013, Susp.
Region V
Wisconsin:
Berlin, City of, Green 550166 September 26, ......do.............. Do.
Lake and Waushara 1973, Emerg;
Counties. September 30,
1977, Reg; June
18, 2013, Susp.
Waushara County, 550540 May 19, 1986, ......do.............. Do.
Unincorporated Areas. Emerg; November
2, 1991, Reg;
June 18, 2013,
Susp.
Wautoma, City of, Waushara 550506 August 20, 1975, ......do.............. Do.
County. Emerg; N/A, Reg;
June 18, 2013,
Susp.
Wild Rose, Village of, 550507 January 22, 1982, ......do.............. Do.
Waushara County. Emerg; September
30, 1988, Reg;
June 18, 2013,
Susp.
Region VIII
Montana:
Flathead County, 300023 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
5, 1984, Reg;
June 18, 2013,
Susp.
Kalispell, City of, 300025 July 27, 1976, ......do.............. Do.
Flathead County. Emerg; September
17, 1980, Reg;
June 18, 2013,
Susp.
South Dakota:
McCook County, 460280 June 2, 1989, ......do.............. Do.
Unincorporated Areas. Emerg; June 8,
1998, Reg; June
18, 2013, Susp.
Montrose, City of, McCook 460052 December 16, 1975, ......do.............. Do.
County. Emerg; August 5,
1986, Reg; June
18, 2013, Susp.
Salem, City of, McCook 460053 August 7, 1978, ......do.............. Do.
County. Emerg; May 1,
1986, Reg; June
18, 2013, Susp.
Region IX
Nevada:
Reno, City of, Washoe 320020 April 25, 1975, ......do.............. Do.
County. Emerg; January 5,
1984, Reg; June
18, 2013, Susp.
Washoe County, 320019 June 25, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; August 1,
1984, Reg; June
18, 2013, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp. --Suspension.
Page 25589
Dated: April 19, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2013-10350 Filed 5-1-13; 8:45 am
BILLING CODE 9110-12-P
