Suspension of Community Eligibility

Federal Register, Volume 78 Issue 173 (Friday, September 6, 2013)

Federal Register Volume 78, Number 173 (Friday, September 6, 2013)

Rules and Regulations

Pages 54766-54770

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

FR Doc No: 2013-21758

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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-8297

Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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Page 54767

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:

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    Effective date

    authorization/

    State and location Community cancellation of sale of Current effective map date Date certain Federal assistance no

    No. flood insurance in longer available in SFHAs

    community

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    Region II

    New York:

    Annsville, Town of, Oneida County 360516 June 9, 1975, Emerg; September 27, 2013................. September 27, 2013

    April 5, 1988, Reg;

    September 27, 2013,

    Susp.

    Augusta, Town of, Oneida County.. 360517 June 9, 1975, Emerg; May ......do*.......................... Do.

    1, 1985, Reg; September

    27, 2013, Susp.

    Page 54768

    Ava, Town of, Oneida County...... 360518 April 10, 1984, Emerg; ......do........................... Do.

    February 1, 1985, Reg;

    September 27, 2013,

    Susp.

    Barneveld, Village of, Oneida 361569 June 10, 1975, Emerg; ......do........................... Do.

    County. April 17, 1985, Reg;

    September 27, 2013,

    Susp.

    Boonville, Town of, Oneida County 360519 November 28, 1975, Emerg; ......do........................... Do.

    July 3, 1985, Reg;

    September 27, 2013,

    Susp.

    Boonville, Village of, Oneida 360520 August 8, 1975, Emerg; ......do........................... Do.

    County. April 17, 1985, Reg;

    September 27, 2013,

    Susp.

    Bridgewater, Town of, Oneida 360521 June 21, 1984, Emerg; ......do........................... Do.

    County. December 19, 1984, Reg;

    September 27, 2013,

    Susp.

    Bridgewater, Village of, Oneida 360522 August 11, 1976, Emerg; ......do........................... Do.

    County. April 15, 1982, Reg;

    September 27, 2013,

    Susp.

    Camden, Town of, Oneida County... 360523 December 26, 1974, Emerg; ......do........................... Do.

    May 1, 1985, Reg;

    September 27, 2013,

    Susp.

    Camden, Village of, Oneida County 360993 December 19, 1974, Emerg; ......do........................... Do.

    August 16, 1988, Reg;

    September 27, 2013,

    Susp.

    Clayville, Village of, Oneida 360524 June 12, 1984, Emerg; ......do........................... Do.

    County. June 12, 1984, Reg;

    September 27, 2013,

    Susp.

    Clinton, Village of, Oneida 360525 November 7, 1974, Emerg; ......do........................... Do.

    County. May 1, 1985, Reg;

    September 27, 2013,

    Susp.

    Deerfield, Town of, Oneida County 360526 September 18, 1974, ......do........................... Do.

    Emerg; April 17, 1985,

    Reg; September 27, 2013,

    Susp.

    Florence, Town of, Oneida County. 360527 June 1, 1976, Emerg; ......do........................... Do.

    April 17, 1985, Reg;

    September 27, 2013,

    Susp.

    Floyd, Town of, Oneida County.... 360528 January 24, 1975, Emerg; ......do........................... Do.

    March 15, 1984, Reg;

    September 27, 2013,

    Susp.

    Forestport, Town of, Oneida 360529 April 8, 1976, Emerg; ......do........................... Do.

    County. April 17, 1985, Reg;

    September 27, 2013,

    Susp.

    Holland Patent, Village of, 360530 April 25, 1975, Emerg; ......do........................... Do.

    Oneida County. April 17, 1985, Reg;

    September 27, 2013,

    Susp.

    Kirkland, Town of, Oneida County. 360531 December 17, 1974, Emerg; ......do........................... Do.

    April 3, 1985, Reg;

    September 27, 2013,

    Susp.

    Lee, Town of, Oneida County...... 360532 March 6, 1975, Emerg; ......do........................... Do.

    June 5, 1985, Reg;

    September 27, 2013,

    Susp.

    Marcy, Town of, Oneida County.... 360533 April 23, 1975, Emerg; ......do........................... Do.

    June 1, 1984, Reg;

    September 27, 2013,

    Susp.

    Marshall, Town of, Oneida County. 360534 July 17, 1975, Emerg; ......do........................... Do.

    September 30, 1982, Reg;

    September 27, 2013,

    Susp.

    New Hartford, Town of, Oneida 360535 August 22, 1974, Emerg; ......do........................... Do.

    County. April 18, 1983, Reg;

    September 27, 2013,

    Susp.

    New Hartford, Village of, Oneida 360536 January 23, 1975, Emerg; ......do........................... Do.

    County. July 5, 1983, Reg;

    September 27, 2013,

    Susp.

    New York Mills, Village of, 360537 May 23, 1975, Emerg; May ......do........................... Do.

    Oneida County. 16, 1983, Reg; September

    27, 2013, Susp.

    Oneida Castle, Village of, Oneida 361526 June 1, 1983, Emerg; ......do........................... Do.

    County. September 15, 1983, Reg;

    September 27, 2013,

    Susp.

    Oriskany, Village of, Oneida 360538 January 29, 1975, Emerg; ......do........................... Do.

    County. September 15, 1983, Reg;

    September 27, 2013,

    Susp.

    Oriskany Falls, Village of, 361354 October 6, 1977, Emerg; ......do........................... Do.

    Oneida County. January 19, 1983, Reg;

    September 27, 2013,

    Susp.

    Paris, Town of, Oneida County.... 360539 August 6, 1975, Emerg; ......do........................... Do.

    September 15, 1983, Reg;

    September 27, 2013,

    Susp.

    Page 54769

    Remsen, Town of, Oneida County... 360540 November 7, 1975, Emerg; ......do........................... Do.

    May 1, 1985, Reg;

    September 27, 2013,

    Susp.

    Remsen, Village of, Oneida County 360541 September 8, 1983, Emerg; ......do........................... Do.

    September 24, 1984, Reg;

    September 27, 2013,

    Susp.

    Rome, City of, Oneida County..... 360542 October 15, 1974, Emerg; ......do........................... Do.

    January 3, 1985, Reg;

    September 27, 2013,

    Susp.

    Sangerfield, Town of, Oneida 360543 March 4, 1975, Emerg; ......do........................... Do.

    County. June 5, 1985, Reg;

    September 27, 2013,

    Susp.

    Sherrill, City of, Oneida County. 360544 February 14, 1975, Emerg; ......do........................... Do.

    September 15, 1983, Reg;

    September 27, 2013,

    Susp.

    Steuben, Town of, Oneida County.. 360555 June 13, 1983, Emerg; ......do........................... Do.

    September 24, 1984, Reg;

    September 27, 2013,

    Susp.

    Sylvan Beach, Village of, Oneida 361042 April 29, 1975, Emerg; ......do........................... Do.

    County. June 1, 1984, Reg;

    September 27, 2013,

    Susp.

    Trenton, Town of, Oneida County.. 360556 April 21, 1975, Emerg; ......do........................... Do.

    May 1, 1985, Reg;

    September 27, 2013,

    Susp.

    Utica, City of, Oneida County.... 360558 October 2, 1974, Emerg; ......do........................... Do.

    February 1, 1984, Reg;

    September 27, 2013,

    Susp.

    Vernon, Town of, Oneida County... 360559 April 15, 1975, Emerg; ......do........................... Do.

    August 16, 1988, Reg;

    September 27, 2013,

    Susp.

    Vernon, Village of, Oneida County 360560 October 6, 1975, Emerg; ......do........................... Do.

    April 15, 1988, Reg;

    September 27, 2013,

    Susp.

    Verona, Town of, Oneida County... 360561 June 15, 1976, Emerg; May ......do........................... Do.

    4, 1989, Reg; September

    27, 2013, Susp.

    Vienna, Town of, Oneida County... 360562 August 27, 1975, Emerg; ......do........................... Do.

    March 1, 1984, Reg;

    September 27, 2013,

    Susp.

    Waterville, Village of, Oneida 360563 March 15, 1983, Emerg; ......do........................... Do.

    County. March 15, 1983, Reg;

    September 27, 2013,

    Susp.

    Western, Town of, Oneida County.. 360564 August 17, 1976, Emerg; ......do........................... Do.

    May 4, 1989, Reg;

    September 27, 2013,

    Susp.

    Westmoreland, Town of, Oneida 360565 March 12, 1975, Emerg; ......do........................... Do.

    County. March 2, 1983, Reg;

    September 27, 2013,

    Susp.

    Whitesboro, Village of, Oneida 360566 March 15, 1974, Emerg; ......do........................... Do.

    County. February 1, 1978, Reg;

    September 27, 2013,

    Susp.

    Whitestown, Town of, Oneida 360567 May 13, 1975, Emerg;

    County. September 15, 1983, Reg;

    September 27, 2013,

    Susp.

    Yorkville, Village of, Oneida 360568 September 19, 1974, ......do........................... Do.

    County. Emerg; June 1, 1983,

    Reg; September 27, 2013,

    Susp.

    Region IV

    Florida:

    Bushnell, City of, Sumter County. 120297 January 20, 1975, Emerg;

    June 25, 1976, Reg;

    September 27, 2013,

    Susp.

    Center Hill, City of, Sumter 120615 October 25, 1983, Emerg; ......do........................... Do.

    County. January 18, 1989, Reg;

    September 27, 2013,

    Susp.

    Coleman, City of, Sumter County.. 120616 April 6, 1984, Emerg; ......do........................... Do.

    July 2, 1987, Reg;

    September 27, 2013,

    Susp.

    Hillsborough County, 120112 October 9, 1970, Emerg; ......do........................... Do.

    Unincorporated Areas. June 18, 1980, Reg;

    September 27, 2013,

    Susp.

    Sumter County, Unincorporated 120296 August 21, 1974, Emerg; ......do........................... Do.

    Areas. March 15, 1982, Reg;

    September 27, 2013,

    Susp.

    Webster, City of, Sumter County.. 120298 July 10, 1975, Emerg; ......do........................... Do.

    July 1, 1987, Reg;

    September 27, 2013,

    Susp.

    Page 54770

    Wildwood, City of, Sumter County. 120299 October 31, 1975, Emerg; ......do........................... Do.

    December 26, 1980, Reg;

    September 27, 2013,

    Susp.

    Kentucky:

    Hancock County, Unincorporated 210256 N/A, Emerg; June 25, ......do........................... Do.

    Areas. 2008, Reg; September 27,

    2013, Susp.

    Hawesville, City of, Hancock 210239 May 19, 1975, Emerg; ......do........................... Do.

    County. November 5, 1986, Reg;

    September 27, 2013,

    Susp.

    Lewisport, City of, Hancock 210093 May 9, 1975, Emerg;

    County. November 19, 1986, Reg;

    September 27, 2013,

    Susp.

    Region X

    Alaska:

    Kenai Peninsula Borough.......... 020012 June 19, 1970, Emerg; ......do........................... Do.

    November 20, 1986, Reg;

    September 27, 2013,

    Susp.

    Seward, City of, Kenai Peninsula 020113 June 19, 1970, Emerg; ......do........................... Do.

    Borough. November 20, 1986, Reg;

    September 27, 2013,

    Susp.

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    *do = Ditto.

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

    Dated: August 13, 2013.

    David L. Miller,

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

    FR Doc. 2013-21758 Filed 9-5-13; 8:45 am

    BILLING CODE 9110-12-P

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