Suspension of Community Eligibility

Federal Register, Volume 78 Issue 227 (Monday, November 25, 2013)

Federal Register Volume 78, Number 227 (Monday, November 25, 2013)

Rules and Regulations

Pages 70235-70237

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

FR Doc No: 2013-28095

=======================================================================

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

Docket ID FEMA-2013-0002: Internal Agency Docket No. FEMA-8311

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

Page 70236

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:

    ----------------------------------------------------------------------------------------------------------------

    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 II

    New York:

    Black River, Village of, 361525 July 8, 1976, January 8, 2014....... January 8, 2014

    Jefferson County. Emerg; December

    19, 1984, Reg;

    January 8, 2014,

    Susp.

    Delanson, Village of, 360737 May 20, 1975, ......do*............. Do.

    Schenectady County. Emerg; May 25,

    1984, Reg;

    January 8, 2014,

    Susp.

    Duanesburg, Town of, 361191 September 15, ......do.............. Do.

    Schenectady County. 1975, Emerg;

    February 17,

    1989, Reg;

    January 8, 2014,

    Susp.

    Glenville, Town of, 360738 August 2, 1974, ......do.............. Do.

    Schenectady County. Emerg; June 1,

    1984, Reg;

    January 8, 2014,

    Susp.

    LeRay, Town of, Jefferson 360341 June 12, 1975, ......do.............. Do.

    County. Emerg; July 3,

    1985, Reg;

    January 8, 2014,

    Susp.

    Niskayuna, Town of, 360739 November 7, 1973, ......do.............. Do.

    Schenectady County. Emerg; March 1,

    1978, Reg;

    January 8, 2014,

    Susp.

    Princetown, Town of, 361192 March 16, 1976, ......do.............. Do.

    Schenectady County. Emerg; July 1,

    1988, Reg;

    January 8, 2014,

    Susp.

    Rotterdam, Town of, 360740 May 22, 1974, ......do.............. Do.

    Schenectady County. Emerg; June 15,

    1984, Reg;

    January 8, 2014,

    Susp.

    Schenectady, City of, 360741 April 30, 1974, ......do.............. Do.

    Schenectady County. Emerg; September

    30, 1983, Reg;

    January 8, 2014,

    Susp.

    Scotia, Village of, 360742 November 7, 1974, ......do.............. Do.

    Schenectady County. Emerg; June 1,

    1984, Reg;

    January 8, 2014,

    Susp.

    Region IV

    Alabama:

    Phenix City, City of, Lee 010184 May 24, 1976, ......do.............. Do.

    and Russell Counties. Emerg; September

    16, 1981, Reg;

    January 8, 2014,

    Susp.

    Russell County, 010287 February 25, ......do.............. Do.

    Unincorporated Areas. 1976, Emerg;

    September 16,

    1981, Reg;

    January 8, 2014,

    Susp.

    Kentucky: Butler County, 210029 January 29, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; July 17,

    1986, Reg;

    January 8, 2014,

    Susp.

    Georgetown, City of, Scott 210208 June 25, 1975, ......do.............. Do.

    County. Emerg; February

    4, 1981, Reg;

    January 8, 2014,

    Susp.

    Morgantown, City of, Butler 210242 February 10, ......do.............. Do.

    County. 2006, Emerg; May

    22, 2009, Reg;

    January 8, 2014,

    Susp.

    Sadieville, City of, Scott 210260 N/A, Emerg; ......do.............. Do.

    County. January 16,

    2009, Reg;

    January 8, 2014,

    Susp.

    Scott County, 210207 August 14, 1975, ......do.............. Do.

    Unincorporated Areas.. Emerg; September

    30, 1981, Reg;

    January 8, 2014,

    Susp.

    Stamping Ground, City of, 210261 April 28, 1976, ......do.............. Do.

    Scott County. Emerg; March 2,

    1981, Reg;

    January 8, 2014,

    Susp.

    Region V

    Illinois:

    Joliet, City of, Kendall 170702 April 13, 1973, ......do.............. Do.

    and Will Counties. Emerg; February

    4, 1981, Reg;

    January 8, 2014,

    Susp.

    Kendall County, 170341 July 5, 1973, ......do.............. Do.

    Unincorporated Areas.. Emerg; July 19,

    1982, Reg;

    January 8, 2014,

    Susp.

    Minooka, Village of, 171019 N/A, Emerg; March ......do.............. Do.

    Grundy, Kendall and Will 12, 1992, Reg;

    Counties. January 8, 2014,

    Susp.

    Montgomery, Village of, 170328 April 19, 1973, ......do.............. Do.

    Kane and Kendall Counties. Emerg; August

    15, 1979, Reg;

    January 8, 2014,

    Susp.

    Oswego, Village of, Kendall 170345 April 16, 1975, ......do.............. Do.

    County. Emerg; June 1,

    1982, Reg;

    January 8, 2014,

    Susp.

    Plainfield, Village of, 170771 May 21, 1975, ......do.............. Do.

    Kendall and Will Counties. Emerg; November

    17, 1982, Reg;

    January 8, 2014,

    Susp.

    Yorkville, City of, Kendall 170347 April 3, 1975, ......do.............. Do.

    County. Emerg; June 1,

    1982, Reg;

    January 8, 2014,

    Susp.

    Indiana: Brookston, Town 180512 September 7, ......do.............. Do.

    of, White County. 1995, Emerg; N/

    A, Reg; January

    8, 2014, Susp.

    Page 70237

    Monon, Town of, White 180295 June 9, 1975, ......do.............. Do.

    County. Emerg; May 25,

    1978, Reg;

    January 8, 2014,

    Susp.

    Monticello, City of, White 180294 March 25, 1975, ......do.............. Do.

    County. Emerg; May 25,

    1978, Reg;

    January 8, 2014,

    Susp.

    White County, 180447 August 3, 1979, ......do.............. Do.

    Unincorporated Areas.. Emerg; September

    1, 1988, Reg;

    January 8, 2014,

    Susp.

    ----------------------------------------------------------------------------------------------------------------

    *-do- =Ditto.

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

    Dated: November 14, 2013.

    David L. Miller,

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

    FR Doc. 2013-28095 Filed 11-22-13; 8:45 am

    BILLING CODE 9110-12-P

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT