Suspension of Community Eligibility
Federal Register, Volume 78 Issue 18 (Monday, January 28, 2013)
Federal Register Volume 78, Number 18 (Monday, January 28, 2013)
Rules and Regulations
Pages 5736-5738
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-01624
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8269
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/fema/csb.shtm.
DATES: Effective Date: 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
Page 5737
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
-
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
-
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 II
New York:
Brewster, Village of, 360668 March 21, 1975, Mar. 4, 2013.......... Mar. 4, 2013.
Putnam County. Emerg; September
18, 1986, Reg;
March 4, 2013,
Susp.
Carmel, Town of, Putnam 360669 March 21, 1975, ......*do............. Do.
County. Emerg; June 18,
1987, Reg; March
4, 2013, Susp.
Cold Spring, Village of, 360670 August 19, 1975, ......do.............. Do.
Putnam County. Emerg; March 15,
1984, Reg; March
4, 2013, Susp.
Kent, Town of, Putnam 360671 March 21, 1975, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
March 4, 2013,
Susp.
Nelsonville, Village of, 361019 May 3, 1983, ......do.............. Do.
Putnam County. Emerg; September
10, 1984, Reg;
March 4, 2013,
Susp.
Patterson, Town of, Putnam 361023 March 21, 1975, ......do.............. Do.
County. Emerg; July 3,
1986, Reg; March
4, 2013, Susp.
Philipstown, Town of, 361026 March 21, 1975, ......do.............. Do.
Putnam County. Emerg; June 18,
1987, Reg; March
4, 2013, Susp.
Putnam Valley, Town of, 361030 July 31, 1975, ......do.............. Do.
Putnam County. Emerg; September
4, 1987, Reg;
March 4, 2013,
Susp.
Southeast, Town of, Putnam 361041 August 12, 1975, ......do.............. Do.
County. Emerg; September
4, 1986, Reg;
March 4, 2013,
Susp.
Region IV
Georgia:
Berkeley Lake, City of, 130450 July 15, 1975, ......do.............. Do.
Gwinnett County. Emerg; December
18, 1984, Reg;
March 4, 2013,
Susp.
Page 5738
Braselton, Town of, 130343 August 12, 1991, ......do.............. Do.
Barrow, Gwinnett and Hall Emerg; September
Counties. 29, 2006, Reg;
March 4, 2013,
Susp.
Buford, City of, Gwinnett 130323 N/A, Emerg; May ......do.............. Do.
and Hall Counties. 22, 1995, Reg;
March 4, 2013,
Susp.
Cumming, City of, Forsyth 130236 July 23, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; March
4, 2013, Susp.
Douglas County, 130306 January 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January 2,
1980, Reg; March
4, 2013, Susp.
Douglasville, City of, 130305 August 22, 1979, ......do.............. Do.
Douglas County. Emerg; June 25,
1982, Reg; March
4, 2013, Susp.
Duluth, City of, Gwinnett 130098 December 17, 1975, ......do.............. Do.
County. Emerg; June 1,
1981, Reg; March
4, 2013, Susp.
Forsyth County, 130312 April 12, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; July 4,
1989, Reg; March
4, 2013, Susp.
Gwinnett County, 130322 April 9, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 15,
1981, Reg; March
4, 2013, Susp.
Norcross, City of, 130101 October 24, 1974, ......do.............. Do.
Gwinnett County. Emerg; May 1,
1980, Reg; March
4, 2013, Susp.
Sugar Hill, City of, 130474 September 30, ......do.............. Do.
Gwinnett County. 1998, Emerg;
September 29,
2006, Reg; March
4, 2013, Susp.
Suwanee, City of, Gwinnett 130328 September 22, ......do.............. Do.
County. 1980, Emerg; June
1, 1981, Reg;
March 4, 2013,
Susp.
Region V
Indiana:
Farmland, Town of, 180390 April 22, 1977, ......do.............. Do.
Randolph County. Emerg; July 3,
1985, Reg; March
4, 2013, Susp.
Parker City, Town of, 180391 April 20, 1976, ......do.............. Do.
Randolph County. Emerg; January 3,
1985, Reg; March
4, 2013, Susp.
Randolph County, 180429 January 16, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1987, Reg; March
4, 2013, Susp.
Ridgeville, Town of, 180341 August 20, 1975, ......do.............. Do.
Randolph County. Emerg; July 18,
1985, Reg; March
4, 2013, Susp.
Union City, City of, 180219 May 5, 1975, ......do.............. Do.
Randolph County. Emerg; September
29, 1986, Reg;
March 4, 2013,
Susp.
Winchester, City of, 180220 March 10, 1975, ......do.............. Do.
Randolph County. Emerg; September
4, 1985, Reg;
March 4, 2013,
Susp.
Minnesota:
Foreston, City of, Mille 270287 September 16, ......do.............. Do.
Lacs County. 1975, Emerg;
September 27,
1985, Reg; March
4, 2013, Susp.
Isle, City of, Mille Lacs 270288 May 16, 1974, ......do.............. Do.
County. Emerg; November
1, 1979, Reg;
March 4, 2013,
Susp.
Milaca, City of, Mille 270289 May 9, 1974, ......do.............. Do.
Lacs County. Emerg; May 5,
1981, Reg; March
4, 2013, Susp.
Mille Lacs County, 270624 April 15, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; September
27, 1985, Reg;
March 4, 2013,
Susp.
Onamia, City of, Mille 270290 November 21, 1974, ......do.............. Do.
Lacs County. Emerg; September
18, 1985, Reg;
March 4, 2013,
Susp.
Princeton, City of, Mille 270292 July 2, 1974, ......do.............. Do.
Lacs County. Emerg; June 15,
1981, Reg; March
4, 2013, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 15, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2013-01624 Filed 1-25-13; 8:45 am
BILLING CODE 9110-12-P
