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 25582-25585
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-10348
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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
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 from FEMA's Community Status Book (CSB). The CSB is available at http://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
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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 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.
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*-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
