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 25589-25591
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-10349
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8281
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 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
-
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:
Page 25590
----------------------------------------------------------------------------------------------------------------
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 IV
Florida:
Atlantic Beach, City of, 120075 November 19, 1971, June 3, 2013.......... June 3, 2013
Duval County. Emerg; March 15,
1977, Reg; June
3, 2013, Susp.
Jacksonville, City of, Duval 120077 November 19, 1971, ......do*............. Do.
County. Emerg; December
1, 1977, Reg;
June 3, 2013,
Susp.
Jacksonville Beach, City of, 120078 November 19, 1971, ......do.............. Do.
Duval County. Emerg; March 15,
1977, Reg; June
3, 2013, Susp.
Neptune Beach, City of, Duval 120079 November 19, 1971, ......do.............. Do.
County. Emerg; March 15,
1977, Reg; June
3, 2013, Susp.
Region VI
Texas:
Bardwell, City of, Ellis 481087 March 30, 1990, ......do.............. Do.
County. Emerg; March 1,
1991, Reg; June
3, 2013, Susp.
Cedar Hill, City of, Dallas 480168 June 21, 1974, ......do.............. Do.
and Ellis Counties. Emerg; April 1,
1981, Reg; June
3, 2013, Susp.
Ellis County, Unincorporated 480798 January 29, 1979, ......do.............. Do.
Areas. Emerg; August 19,
1987, Reg; June
3, 2013, Susp.
Ennis, City of, Ellis County.. 480207 February 13, 1978, ......do.............. Do.
Emerg; June 15,
1982, Reg; June
3, 2013, Susp.
Ferris, City of, Dallas and 481076 July 5, 1974, ......do.............. Do.
Ellis Counties. Emerg; August 22,
1978, Reg; June
3, 2013, Susp.
Glenn Heights, City of, Dallas 481265 July 8, 1980, ......do.............. Do.
and Ellis Counties. Emerg; July 16,
1980, Reg; June
3, 2013, Susp.
Grand Prairie, City of, 485472 October 1, 1971, ......do.............. Do.
Dallas, Ellis and Tarrant Emerg; July 6,
Counties. 1973, Reg; June
3, 2013, Susp.
Midlothian, City of, Ellis 480801 June 11, 1981, ......do.............. Do.
County. Emerg; September
4, 1985, Reg;
June 3, 2013,
Susp.
Oak Leaf, City of, Ellis 481672 N/A, Emerg; ......do.............. Do.
County. September 15,
2000, Reg; June
3, 2013, Susp.
Ovilla, City of, Dallas and 481155 August 5, 1975, ......do.............. Do.
Ellis Counties. Emerg; April 15,
1980, Reg; June
3, 2013, Susp.
Palmer, City of, Ellis County. 480209 June 15, 1987, ......do.............. Do.
Emerg; June 1,
1990, Reg; June
3, 2013, Susp.
Pecan Hill, City of, Ellis 481673 N/A, Emerg; ......do.............. Do.
County. November 5, 2007,
Reg; June 3,
2013, Susp.
Red Oak, City of, Ellis County 481650 May 24, 1993, ......do.............. Do.
Emerg; January
20, 1999, Reg;
June 3, 2013,
Susp.
Waxahachie, City of, Ellis 480211 June 20, 1975, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; June
3, 2013, Susp.
Region VIII
South Dakota:
Box Elder, City of, 460089 June 7, 1974, ......do.............. Do.
Pennington County. Emerg; May 15,
1980, Reg; June
3, 2013, Susp.
Hill City, City of, Pennington 460116 July 9, 1976, ......do.............. Do.
County. Emerg; November
18, 1981, Reg;
June 3, 2013,
Susp.
Keystone, Town of, Pennington 460231 July 26, 1974, ......do.............. Do.
County. Emerg; March 4,
1980, Reg; June
3, 2013, Susp.
New Underwood, City of, 460092 August 18, 1975, ......do.............. Do.
Pennington County. Emerg; May 15,
1980, Reg; June
3, 2013, Susp.
Pennington County, 460064 May 28, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; December
1, 1981, Reg;
June 3, 2013,
Susp.
Rapid City, City of, 465420 April 2, 1971, ......do.............. Do.
Pennington County. Emerg; September
14, 1973, Reg;
June 3, 2013,
Susp.
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
Page 25591
Dated: April 12, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2013-10349 Filed 5-1-13; 8:45 am
BILLING CODE 9110-12-P
