Suspension of Community Eligibility

Federal Register, Volume 80 Issue 84 (Friday, May 1, 2015)

Federal Register Volume 80, Number 84 (Friday, May 1, 2015)

Rules and Regulations

Pages 24830-24832

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

FR Doc No: 2015-10229

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-8381

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: 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 Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4133.

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

Page 24831

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

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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 II

    New York:

    Cairo, Town of, Greene 360286 October 3, 1975, June 2, 2015.......... June 2, 2015

    County. Emerg; September

    6, 1989, Reg;

    June 2, 2015,

    Susp.

    Hunter, Town of, Greene 360292 November 12, 1976, *-do-................. Do.

    County. Emerg; February

    2, 1983, Reg;

    June 2, 2015,

    Susp.

    Hunter, Village of, Greene 360293 October 1, 1976, ......do.............. Do.

    County. Emerg; December

    1, 1982, Reg;

    June 2, 2015,

    Susp.

    Jewett, Town of, Greene 361114 May 13, 1980, ......do.............. Do.

    County. Emerg; April 4,

    1983, Reg; June

    2, 2015, Susp.

    Lexington, Town of, Greene 360294 September 12, ......do.............. Do.

    County. 1975, Emerg;

    August 1, 1983,

    Reg; June 2,

    2015, Susp.

    Tannersville, Village of, 360297 July 15, 1975, ......do.............. Do.

    Greene County. Emerg; April 18,

    1983, Reg; June

    2, 2015, Susp.

    Region III

    Virginia:

    Prince George County, 510204 May 17, 1974, ......do.............. Do.

    Unincorporated Areas. Emerg; May 1,

    1980, Reg; June

    2, 2015, Susp.

    Region IV

    North Carolina:

    Edgecombe County, 370087 August 6, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; August 3,

    1981, Reg; June

    2, 2015, Susp.

    Halifax County, 370327 November 22, 1976, ......do.............. Do.

    Unincorporated Areas. Emerg; May 5,

    1981, Reg; June

    2, 2015, Susp.

    Leggett, Town of, 370317 March 4, 1997, ......do.............. Do.

    Edgecombe County. Emerg; December

    20, 1999, Reg;

    June 2, 2015,

    Susp.

    Macclesfield, Town of, 370090 March 25, 1980, ......do.............. Do.

    Edgecombe County. Emerg; March 25,

    1980, Reg; June

    2, 2015, Susp.

    Pinetops, Town of, 370091 November 7, 1975, ......do.............. Do.

    Edgecombe County. Emerg; March 28,

    1980, Reg; June

    2, 2015, Susp.

    Princeville, Town of, 370318 August 9, 1976, ......do.............. Do.

    Edgecombe County. Emerg; April 15,

    1980, Reg; June

    2, 2015, Susp.

    Speed, Town of, Edgecombe 370093 September 4, 1979, ......do.............. Do.

    County. Emerg; July 2,

    1987, Reg; June

    2, 2015, Susp.

    Tarboro, Town of, 370094 February 15, 1974, ......do.............. Do.

    Edgecombe County. Emerg; January 5,

    1978, Reg; June

    2, 2015, Susp.

    Region V

    Indiana:

    Andrews, Town of, 180097 July 28, 1982, ......do.............. Do.

    Huntington County. Emerg; September

    30, 1982, Reg;

    June 2, 2015,

    Susp.

    Huntington, City of, 180094 August 8, 1975, ......do.............. Do.

    Huntington County. Emerg; July 18,

    1983, Reg; June

    2, 2015, Susp.

    Page 24832

    Huntington County, 180438 August 21, 1978, ......do.............. Do.

    Unincorporated Areas. Emerg; July 18,

    1983, Reg; June

    2, 2015, Susp.

    Markle, Town of, 180457 N/A, Emerg; ......do.............. Do.

    Huntington and Wells November 7, 1991,

    Counties. Reg; June 2,

    2015, Susp.

    Roanoke, Town of, 180096 July 28, 1982, ......do.............. Do.

    Huntington County. Emerg; December

    1, 1982, Reg;

    June 2, 2015,

    Susp.

    Warren, Town of, 180095 February 19, 1975, ......do.............. Do.

    Huntington County. Emerg; September

    30, 1982, Reg;

    June 2, 2015,

    Susp.

    Region VI

    Oklahoma:

    Kiowa, Town of, Pittsburg 400168 N/A, Emerg; May ......do.............. Do.

    County. 11, 2012, Reg;

    June 2, 2015,

    Susp.

    Pittsburg County, 400494 November 26, 2002, ......do.............. Do.

    Unincorporated Areas. Emerg; November

    1, 2007, Reg;

    June 2, 2015,

    Susp.

    Region VIII

    Utah:

    Ogden, City of, Weber 490189 December 27, 1974, ......do.............. Do.

    County. Emerg; January

    19, 1983, Reg;

    June 2, 2015,

    Susp.

    Riverdale, City of, Weber 490190 October 4, 1974, ......do.............. Do.

    County. Emerg; February

    3, 1982, Reg;

    June 2, 2015,

    Susp.

    Roy, City of, Weber County 490223 January 16, 1976, ......do.............. Do.

    Emerg; October

    24, 1978, Reg;

    June 2, 2015,

    Susp.

    South Ogden, City of, 490191 August 2, 1974, ......do.............. Do.

    Weber County. Emerg; March 1,

    1982, Reg; June

    2, 2015, Susp.

    Uintah, City of, Weber 490192 April 30, 1974, ......do.............. Do.

    County. Emerg; May 19,

    1981, Reg; June

    2, 2015, Susp.

    Weber County, 490187 March 25, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; July 19,

    1982, Reg; June

    2, 2015, Susp.

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    *-do- =Ditto.

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

    Dated: April 27, 2015.

    Roy E. Wright,

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

    FR Doc. 2015-10229 Filed 4-30-15; 8:45 am

    BILLING CODE 9110-12-P

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