Suspension of Community Eligibility

Federal Register, Volume 78 Issue 45 (Thursday, March 7, 2013)

Federal Register Volume 78, Number 45 (Thursday, March 7, 2013)

Rules and Regulations

Pages 14694-14697

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2013-05260

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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-8273

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained

Page 14695

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

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  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:

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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 III

    Pennsylvania:

    Apolacon, Township of, 422072 February 10, April 2, 2013......... April 2, 2013

    Susquehanna County. 1976, Emerg;

    July 17, 1989,

    Reg;.

    April 2, 2013,

    Susp.

    1Ararat, Township of, 422073 August 6, 1975, ......do.............. Do.

    Susquehanna County. Emerg; May 1,

    1986, Reg;.

    April 2, 2013,

    Susp.

    Bridgewater, Township of, 422585 March 23, 1976, ......do.............. Do.

    Susquehanna County. Emerg; May 1,

    1986, Reg;.

    April 2, 2013,

    Susp.

    Brooklyn, Township of, 422075 February 4, 1976, ......do.............. Do.

    Susquehanna County. Emerg; May 1,

    1986, Reg;.

    April 2, 2013,

    Susp.

    Page 14696

    Choconut, Township of, 422076 January 26, 1976, ......do.............. Do.

    Susquehanna County. Emerg; November

    15, 1989, Reg;.

    April 2, 2013,

    Susp.

    Clifford, Township of, 422077 February 6, 1981, ......do.............. Do.

    Susquehanna County. Emerg; March 16,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Dimock, Township of, 422078 March 22, 1976, ......do.............. Do.

    Susquehanna County. Emerg; April 1,

    1986, Reg;.

    April 2, 2013,

    Susp.

    Forest City, Borough of, 422067 August 2, 1976, ......do.............. Do.

    Susquehanna County. Emerg; February

    5, 1986, Reg;.

    April 2, 2013,

    Susp.

    Forest Lake, Township of, 422578 November 2, 1976, ......do.............. Do.

    Susquehanna County. Emerg; April 1,

    1986, Reg;.

    April 2, 2013,

    Susp.

    Franklin, Township of, 422079 December 4, 1975, ......do.............. Do.

    Susquehanna County. Emerg; May 17,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Friendsville, Borough of, 422579 April 20, 1979, ......do.............. Do.

    Susquehanna County. Emerg; February

    5, 1986, Reg;.

    April 2, 2013,

    Susp.

    Gibson, Township of, 422080 October 3, 1975, ......do.............. Do.

    Susquehanna County. Emerg; December

    1, 1986, Reg;.

    April 2, 2013,

    Susp.

    Great Bend, Borough of, 422068 January 21, 1975, ......do.............. Do.

    Susquehanna County. Emerg; September

    30, 1980, Reg;.

    April 2, 2013,

    Susp.

    Great Bend, Township of, 421212 February 13, ......do.............. Do.

    Susquehanna County. 1975, Emerg;

    January 2, 1981,

    Reg;.

    April 2, 2013,

    Susp.

    Hallstead, Borough of, 422069 July 2, 1975, ......do.............. Do.

    Susquehanna County. Emerg; September

    30, 1980, Reg;.

    April 2, 2013,

    Susp.

    Harford, Township of, 422081 November 2, 1976, ......do.............. Do.

    Susquehanna County. Emerg; September

    1, 1986, Reg;.

    April 2, 2013,

    Susp.

    Harmony, Township of, 422082 February 2, 1976, ......do.............. Do.

    Susquehanna County. Emerg; January

    16, 1981, Reg;.

    April 2, 2013,

    Susp.

    Herrick, Township of, 422580 May 10, 1976, ......do.............. Do.

    Susquehanna County. Emerg; December

    19, 1984, Reg;.

    April 2, 2013,

    Susp.

    Hop Bottom, Borough of, 420812 October 14, 1975, ......do.............. Do.

    Susquehanna County. Emerg; May 17,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Jackson, Township of, 422083 December 2, 1975, ......do.............. Do.

    Susquehanna County. Emerg; May 1,

    1986, Reg;.

    April 2, 2013,

    Susp.

    Jessup, Township of, 422084 January 22, 1976, ......do.............. Do.

    Susquehanna County. Emerg; May 17,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Lanesboro, Borough of, 420813 April 17, 1975, ......do.............. Do.

    Susquehanna County. Emerg; October

    15, 1980, Reg;.

    April 2, 2013,

    Susp.

    Lathrop, Township of, 422085 July 30, 1980, ......do.............. Do.

    Susquehanna County. Emerg; April 3,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Lenox, Township of, 422086 April 4, 1977, ......do.............. Do.

    Susquehanna County. Emerg; April 3,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Liberty, Township of, 422087 February 3, 1976, ......do.............. Do.

    Susquehanna County. Emerg; May 17,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Little Meadows, Borough of, 420814 October 29, 1975, ......do.............. Do.

    Susquehanna County. Emerg; July 4,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Montrose, Borough of, 422070 November 28, ......do.............. Do.

    Susquehanna County. 1975, Emerg;

    June 25, 1976,

    Reg;.

    April 2, 2013,

    Susp.

    New Milford, Borough of, 420815 July 29, 1975, ......do.............. Do.

    Susquehanna County. Emerg; July 4,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Page 14697

    New Milford, Township of, 422089 January 26, 1976, ......do.............. Do.

    Susquehanna County. Emerg; April 3,

    1989, Reg;.

    April 2, 2013,

    Susp.

    Oakland, Borough of, 422071 October 14, 1975, ......do.............. Do.

    Susquehanna County. Emerg; January

    2, 1981, Reg;.

    April 2, 2013,

    Susp.

    Oakland, Township of, 422581 November 13, ......do.............. Do.

    Susquehanna County. 1975, Emerg;

    October 15,

    1980, Reg;.

    April 2, 2013,

    Susp.

    Rush, Township of, 422090 January 26, 1976, ......do.............. Do.

    Susquehanna County. Emerg; September

    1, 1986, Reg;.

    April 2, 2013,

    Susp.

    Silver Lake, Township of, 422091 March 18, 1976, ......do.............. Do.

    Susquehanna County. Emerg; September

    1, 1986, Reg;.

    April 2, 2013,

    Susp.

    Susquehanna Depot, Borough 420816 April 1, 1975, ......do.............. Do.

    of, Susquehanna County. Emerg; October

    15, 1980, Reg;.

    April 2, 2013,

    Susp.

    Thompson, Borough of, 422582 January 26, 1976, ......do.............. Do.

    Susquehanna County. Emerg; June 30,

    1976, Reg;.

    April 2, 2013,

    Susp.

    Thompson, Township of, 422583 October 15, 1975, ......do.............. Do.

    Susquehanna County. Emerg; September

    1, 1986, Reg;.

    April 2, 2013,

    Susp.

    Union Dale, Borough of, 422584 January 11, 1980, ......do.............. Do.

    Susquehanna County. Emerg; February

    4, 1983, Reg;.

    April 2, 2013,

    Susp.

    Region VI

    Louisiana:

    Greensburg, Town of, Saint 220330 February 23, ......do.............. Do.

    Helena Parish. 1976, Emerg;

    April 1, 1980,

    Reg;.

    April 2, 2013,

    Susp.

    Montpelier, Village of, 220300 March 8, 1976, ......do.............. Do.

    Saint Helena Parish. Emerg; March 20,

    1979, Reg;.

    April 2, 2013,

    Susp.

    Saint Helena Parish, 220161 February 3, 1976, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    27, 1991, Reg;.

    April 2, 2013,

    Susp.

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    *do = Ditto.

    Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension.

    Dated: February 5, 2013.

    David L. Miller,

    Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

    FR Doc. 2013-05260 Filed 3-6-13; 8:45 am

    BILLING CODE 9110-12-P

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