Suspension of Community Eligibility

Federal Register, Volume 78 Issue 211 (Thursday, October 31, 2013)

Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)

Rules and Regulations

Pages 65212-65214

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

FR Doc No: 2013-25520

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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-8303

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

Page 65213

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

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  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

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  2. 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

    Maryland:

    Howard County, 240044 October 22, 1971, Nov. 6, 2013.......... Nov. 6, 2013.

    Unincorporated Areas. Emerg; March 15,

    1977, Reg;

    November 6, 2013,

    Susp

    West Virginia:

    Parkersburg, City of, Wood 540214 July 1, 1974, ......* do............ Do.

    County. Emerg; September

    4, 1986, Reg;

    November 6, 2013,

    Susp

    Vienna, City of, Wood 540215 June 12, 1975, ......do.............. Do.

    County. Emerg; December

    18, 1985, Reg;

    November 6, 2013,

    Susp

    Wood County, 540213 February 16, 1977, ......do.............. Do.

    Unincorporated Areas. Emerg; March 4,

    1985, Reg;

    November 6, 2013,

    Susp

    Region IV

    Florida:

    Arcadia, City of, DeSoto 120073 August 12, 1975, ......do.............. Do.

    County. Emerg; June 3,

    1988, Reg;

    November 6, 2013,

    Susp

    Bowling Green, City of, 120104 December 2, 1974, ......do.............. Do.

    Hardee County. Emerg; May 4,

    1988, Reg;

    November 6, 2013,

    Susp

    DeSoto County, 120072 August 26, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; June 3,

    1988, Reg;

    November 6, 2013,

    Susp

    Hardee County, 120103 April 1, 1976, ......do.............. Do.

    Unincorporated Areas. Emerg; May 4,

    1988, Reg;

    November 6, 2013,

    Susp

    Page 65214

    Wauchula, City of, Hardee 120105 July 28, 1975, ......do.............. Do.

    County. Emerg; June 25,

    1976, Reg;

    November 6, 2013,

    Susp

    Zolfo Springs, Town of, 120106 July 2, 1975, ......do.............. Do.

    Hardee County. Emerg; May 4,

    1988, Reg;

    November 6, 2013,

    Susp

    Region V

    Indiana:

    LaPorte, City of, LaPorte 180490 April 28, 1983, ......do.............. Do.

    County. Emerg; April 1,

    1993, Reg;

    November 6, 2013,

    Susp

    LaPorte County, 180144 January 15, 1976, ......do.............. Do.

    Unincorporated Areas. Emerg; January 1,

    1987, Reg;

    November 6, 2013,

    Susp

    Long Beach, Town of, 185177 October 8, 1971, ......do.............. Do.

    LaPorte County. Emerg; March 23,

    1973, Reg;

    November 6, 2013,

    Susp

    Michiana Shores, Town of, 180505 N/A, Emerg; ......do.............. Do.

    LaPorte County. November 12,

    1991, Reg;

    November 6, 2013,

    Susp

    Michigan City, City of, 180147 March 20, 1975, ......do.............. Do.

    LaPorte County. Emerg; August 17,

    1981, Reg;

    November 6, 2013,

    Susp

    Region VI

    Louisiana:

    Iberville Parish, 220083 April 20, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; June 1,

    1978, Reg;

    November 6, 2013,

    Susp

    Maringouin, Town of, 220085 April 23, 1973, ......do.............. Do.

    Iberville Parish. Emerg; September

    1, 1981, Reg;

    November 6, 2013,

    Susp

    Plaquemine, City of, 220086 April 23, 1973, ......do.............. Do.

    Iberville Parish. Emerg; August 26,

    1977, Reg;

    November 6, 2013,

    Susp

    Saint Gabriel, City of, 220402 N/A, Emerg; July ......do.............. Do.

    Iberville Parish. 12, 2001, Reg;

    November 6, 2013,

    Susp

    White Castle, Town of, 220088 April 23, 1973, ......do.............. Do.

    Iberville Parish. Emerg; December

    16, 1977, Reg;

    November 6, 2013,

    Susp

    Region VIII

    Montana:

    Billings, City of, 300085 January 15, 1974, ......do.............. Do.

    Yellowstone County. Emerg; January 2,

    1981, Reg;

    November 6, 2013,

    Susp

    Laurel, City of, 300086 March 19, 1975, ......do.............. Do.

    Yellowstone County. Emerg; January 6,

    1983, Reg;

    November 6, 2013,

    Susp

    Yellowstone County, 300142 July 28, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; November

    18, 1981, Reg;

    November 6, 2013,

    Susp

    Region X

    Alaska:

    Homer, City of, Kenai 020107 N/A, Emerg; June ......do.............. Do.

    Peninsula Borough. 2, 2003, Reg;

    November 6, 2013,

    Susp

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    *-do- =Ditto.

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

    Dated: September 20, 2013.

    David L. Miller,

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

    FR Doc. 2013-25520 Filed 10-30-13; 8:45 am

    BILLING CODE 9110-12-P

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