Suspension of Community Eligibility

Federal Register, Volume 78 Issue 109 (Thursday, June 6, 2013)

Federal Register Volume 78, Number 109 (Thursday, June 6, 2013)

Rules and Regulations

Pages 33989-33991

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

FR Doc No: 2013-13367

Page 33989

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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-8285

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: 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

  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:

    Page 33990

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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 I

    Connecticut:

    Branford, Town of, New 090073 April 5, 1973, July 8, 2013.......... July 8, 2013.

    Haven County. Emerg; December

    15, 1977, Reg;

    July 8, 2013,

    Susp.

    Bridgeport, City of, 090002 August 7, 1973, ......do.............. Do.

    Fairfield County. Emerg; October

    15, 1980, Reg;

    July 8, 2013,

    Susp.

    Darien, Town of, Fairfield 090005 January 19, 1973, ......do.............. Do.

    County. Emerg; January 2,

    1981, Reg; July

    8, 2013, Susp.

    East Haven, Town of, New 090076 April 19, 1973, ......do.............. Do.

    Haven County. Emerg; February

    1, 1978, Reg;

    July 8, 2013,

    Susp.

    Fairfield, Town of, 090007 April 7, 1972, ......do.............. Do.

    Fairfield County. Emerg; August 15,

    1978, Reg; July

    8, 2013, Susp.

    Greenwich, Town of, 090008 February 4, 1972, ......do.............. Do.

    Fairfield County. Emerg; September

    30, 1977, Reg;

    July 8, 2013,

    Susp.

    Guilford, Town of, New 090077 October 20, 1972, ......do.............. Do.

    Haven County. Emerg; May 1,

    1978, Reg; July

    8, 2013, Susp.

    Hamden, Town of, New Haven 090078 May 3, 1973, ......do.............. Do.

    County. Emerg; June 15,

    1979, Reg; July

    8, 2013, Susp.

    Madison, Town of, New 090079 July 19, 1973, ......do.............. Do.

    Haven County. Emerg; September

    15, 1978, Reg;

    July 8, 2013,

    Susp.

    Milford, City of, New 090082 January 14, 1972, ......do.............. Do.

    Haven County. Emerg; September

    29, 1978, Reg;

    July 8, 2013,

    Susp.

    New Haven, City of, New 090084 October 25, 1973, ......do.............. Do.

    Haven County. Emerg; July 16,

    1980, Reg; July

    8, 2013, Susp.

    North Haven, Town of, New 090086 July 13, 1973, ......do.............. Do.

    Haven County. Emerg; September

    17, 1980, Reg;

    July 8, 2013,

    Susp.

    Norwalk, City of, 090012 March 10, 1972, ......do.............. Do.

    Fairfield County. Emerg; April 3,

    1978, Reg; July

    8, 2013, Susp.

    Stamford, City of, 090015 March 10, 1972, ......do.............. Do.

    Fairfield County. Emerg; January

    16, 1981, Reg;

    July 8, 2013,

    Susp.

    Stratford, Town of, 090016 August 18, 1972, ......do.............. Do.

    Fairfield County. Emerg; June 1,

    1978, Reg; July

    8, 2013, Susp.

    West Haven, City of, New 090092 October 6, 1972, ......do.............. Do.

    Haven County. Emerg; January

    17, 1979, Reg;

    July 8, 2013,

    Susp.

    Westport, Town of, 090019 October 8, 1971, ......do.............. Do.

    Fairfield County. Emerg; July 2,

    1980, Reg; July

    8, 2013, Susp.

    Maine:

    Auburn, City of, 230001 August 27, 1971, ......do.............. Do.

    Androscoggin County. Emerg; February

    4, 1981, Reg;

    July 8, 2013,

    Susp.

    Durham, Town of, 230002 April 24, 1975, ......do.............. Do.

    Androscoggin County. Emerg; May 4,

    1988, Reg; July

    8, 2013, Susp.

    Greene, Town of, 230475 July 8, 1976, ......do.............. Do.

    Androscoggin County. Emerg; May 3,

    1990, Reg; July

    8, 2013, Susp.

    Leeds, Town of, 230003 June 11, 1975, ......do.............. Do.

    Androscoggin County. Emerg; July 16,

    1990, Reg; July

    8, 2013, Susp.

    Lewiston, City of, 230004 March 21, 1974, ......do.............. Do.

    Androscoggin County. Emerg; September

    28, 1979, Reg;

    July 8, 2013,

    Susp.

    Lisbon, Town of, 230005 June 30, 1975, ......do.............. Do.

    Androscoggin County. Emerg; March 4,

    1985, Reg; July

    8, 2013, Susp.

    Livermore, Town of, 230173 August 11, 1976, ......do.............. Do.

    Androscoggin County. Emerg; May 3,

    1990, Reg; July

    8, 2013, Susp.

    Livermore Falls, Town of, 230006 April 23, 1975, ......do.............. Do.

    Androscoggin County. Emerg; August 5,

    1991, Reg; July

    8, 2013, Susp.

    Mechanic Falls, Town of, 230007 May 19, 1975, ......do.............. Do.

    Androscoggin County. Emerg; May 17,

    1990, Reg; July

    8, 2013, Susp.

    Minot, Town of, 230008 June 16, 1976, ......do.............. Do.

    Androscoggin County. Emerg; May 17,

    1990, Reg; July

    8, 2013, Susp.

    Poland, Town of, 230009 September 2, 1975, ......do.............. Do.

    Androscoggin County. Emerg; June 5,

    1985, Reg; July

    8, 2013, Susp.

    Sabattus, Town of, 230011 October 13, 1976, ......do.............. Do.

    Androscoggin County. Emerg; February

    15, 1980, Reg;

    July 8, 2013,

    Susp.

    Turner, Town of, 230010 July 29, 1975, ......do.............. Do.

    Androscoggin County. Emerg; June 19,

    1985, Reg; July

    8, 2013, Susp.

    Wales, Town of, 230439 November 10, 2004, ......do.............. Do.

    Androscoggin County. Emerg; August 1,

    2008, Reg; July

    8, 2013, Susp.

    Region III

    Maryland:

    Cecil County, 240019 June 15, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; April 4,

    1983, Reg; July

    8, 2013, Susp.

    Page 33991

    Charlestown, Town of, 240021 February 20, 1975, ......do.............. Do.

    Cecil County. Emerg; November

    17, 1982, Reg;

    July 8, 2013,

    Susp.

    Chesapeake City, Town of, 240099 December 5, 1974, ......do.............. Do.

    Cecil County. Emerg; October

    15, 1981, Reg;

    July 8, 2013,

    Susp.

    Elkton, Town of, Cecil 240022 November 7, 1973, ......do.............. Do.

    County. Emerg; March 18,

    1980, Reg; July

    8, 2013, Susp.

    North East, Town of, Cecil 240023 July 24, 1975, ......do.............. Do.

    County. Emerg; October

    15, 1981, Reg;

    July 8, 2013,

    Susp.

    Perryville, Town of, Cecil 240024 April 23, 1974, ......do.............. Do.

    County. Emerg; March 1,

    1977, Reg; July

    8, 2013, Susp.

    Port Deposit, Town of, 240025 March 16, 1973, ......do.............. Do.

    Cecil County. Emerg; February

    16, 1977, Reg;

    July 8, 2013,

    Susp.

    Rising Sun, Town of, Cecil 240158 September 17, ......do.............. Do.

    County. 1975, Emerg; May

    15, 1986, Reg;

    July 8, 2013,

    Susp.

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    *do = Ditto.

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

    Dated: May 20, 2013.

    David L. Miller,

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

    FR Doc. 2013-13367 Filed 6-5-13; 8:45 am

    BILLING CODE 9110-12-P

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