78 FR 54 pgs. 17130-17133 - Suspension of Community Eligibility
Type: RULEVolume: 78Number: 54Pages: 17130 - 17133
Docket number: [Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8275]
FR document: [FR Doc. 2013-06320 Filed 3-19-13; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8275]
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 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]
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.
§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows:
| State and location | Community No. | Effective date authorization/cancellation of sale of flood insurance in community | Current effective map date | Date certain Federal assistance no longer available in SFHAs |
|---|---|---|---|---|
| Region IV | ||||
| Florida: | ||||
| Live Oak, City of, Suwannee County | 120334 | November 14, 1974, Emerg; July 1, 1987, Reg; April 16, 2013, Susp | April 16, 2013 | April 16, 2013. |
| Suwannee County, Unincorporated Areas | 120300 | February 14, 1975, Emerg; January 6, 1988, Reg; April 16, 2013, Susp | ......do* | Do. |
| Kentucky: | ||||
| Coal Run Village, City of, Pike County | 210263 | April 14, 1977, Emerg; December 4, 1979, Reg; April 16, 2013, Susp | ......do | Do. |
| Dover, City of, Mason County | 210167 | February 11, 1976, Emerg; May 15, 1986, Reg; April 16, 2013, Susp | ......do | Do. |
| Lewis County, Unincorporated Areas | 210141 | March 2, 1977, Emerg; February 19, 1987, Reg; April 16, 2013, Susp | ......do | Do. |
| Mason County, Unincorporated Areas | 210259 | June 30, 1997, Emerg; November 1, 1997, Reg; April 16, 2013, Susp | ......do | Do. |
| Maysville, City of, Mason County | 210168 | May 14, 1975, Emerg; June 30, 1976, Reg; April 16, 2013, Susp | ......do | Do. |
| Pike County, Unincorporated Areas | 210298 | July 20, 1977, Emerg; December 4, 1979, Reg; April 16, 2013, Susp | ......do | Do. |
| Pikeville, City of, Pike County | 210193 | May 13, 1975, Emerg; March 2, 1981, Reg; April 16, 2013, Susp | ......do | Do. |
| Vanceburg, Town of, Lewis County | 210142 | August 7, 1975, Emerg; February 19, 1987, Reg; April 16, 2013, Susp | ......do | Do. |
| North Carolina: | ||||
| Ayden, Town of, Pitt County | 370189 | March 4, 1975, Emerg; August 4, 1987, Reg; April 16, 2013, Susp | ......do | Do. |
| Black Creek, Town of, Wilson County | 370549 | April 25, 2002, Emerg; November 4, 2004, Reg; April 16, 2013, Susp | ......do | Do. |
| Craven County, Unincorporated Areas | 370072 | October 19, 1973, Emerg; May 4, 1987, Reg; April 16, 2013, Susp | ......do | Do. |
| Farmville, Town of, Pitt County | 370190 | October 15, 1974, Emerg; April 1, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Fountain, Town of, Pitt County | 370631 | N/A, Emerg; May 18, 2005, Reg; April 16, 2013, Susp | ......do | Do. |
| Franklin County, Unincorporated Areas | 370377 | February 21, 1997, Emerg; May 1, 2000, Reg; April 16, 2013, Susp | ......do | Do. |
| Franklinton, Town of, Franklin County | 370497 | July 30, 1997, Emerg; January 19, 2001, Reg; April 16, 2013, Susp | ......do | Do. |
| Granville County, Unincorporated Areas | 370325 | N/A, Emerg; February 20, 1997, Reg; April 16, 2013, Susp | ......do | Do. |
| Greene County, Unincorporated Areas | 370378 | N/A, Emerg; June 12, 1995, Reg; April 16, 2013, Susp | ......do | Do. |
| Greenville, City of, Pitt County | 370191 | January 15, 1974, Emerg; July 3, 1978, Reg; April 16, 2013, Susp | ......do | Do. |
| Grifton, Town of, Pitt County | 370192 | April 10, 1975, Emerg; February 17, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Hookerton, Town of, Greene County | 370326 | N/A, Emerg; November 24, 1999, Reg; April 16, 2013, Susp | ......do | Do. |
| Jones County, Unincorporated Areas | 370379 | April 28, 1975, Emerg; August 16, 1988, Reg; April 16, 2013, Susp | ......do | Do. |
| Kinston, City of, Lenoir County | 370145 | November 7, 1974, Emerg; June 15, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| La Grange, Town of, Lenoir County | 370579 | August 12, 2002, Emerg; July 2, 2004, Reg; April 16, 2013, Susp | ......do | Do. |
| Lenoir County, Unincorporated Areas | 370144 | July 7, 1980, Emerg; January 6, 1983, Reg; April 16, 2013, Susp | ......do | Do. |
| Louisburg, Town of, Franklin County | 370098 | June 17, 1975, Emerg; March 4, 1988, Reg; April 16, 2013, Susp | ......do | Do. |
| Lucama, Town of, Wilson County | 370537 | March 6, 2001, Emerg; November 3, 2004, Reg; April 16, 2013, Susp | ......do | Do. |
| Middlesex, Town of, Nash County | 370445 | N/A, Emerg; March 19, 1999, Reg; April 16, 2013, Susp | ......do | Do. |
| Nash County, Unincorporated Areas | 370278 | January 10, 1974, Emerg; June 1, 1978, Reg; April 16, 2013, Susp | ......do | Do. |
| Pitt County, Unincorporated Areas | 370372 | September 22, 1980, Emerg; January 6, 1983, Reg; April 16, 2013, Susp | ......do | Do. |
| Snow Hill, Town of, Greene County | 370110 | December 24, 1974, Emerg; January 20, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Stantonsburg, Town of, Wilson County | 370371 | August 19, 1988, Emerg; September 1, 1989, Reg; April 16, 2013, Susp | ......do | Do. |
| Vance County, Unincorporated Areas | 370366 | N/A, Emerg; October 22, 1997, Reg; April 16, 2013, Susp | ......do | Do. |
| Wake County, Unincorporated Areas | 370368 | February 26, 1975, Emerg; November 15, 1978, Reg; April 16, 2013, Susp | ......do | Do. |
| Wake Forest, Town of, Wake County | 370244 | March 14, 1974, Emerg; July 2, 1978, Reg; April 16, 2013, Susp | ......do | Do. |
| Wayne County, Unincorporated Areas | 370254 | N/A, Emerg; September 16, 1991, Reg; April 16, 2013, Susp | ......do | Do. |
| Wilson, City of, Wilson County | 370270 | March 21, 1975, Emerg; July 19, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Wilson County, Unincorporated Areas | 370370 | January 12, 1983, Emerg; January 12, 1983, Reg; April 16, 2013, Susp | ......do | Do. |
| Youngsville, Town of, Franklin County | 370494 | June 30, 1997, Emerg; January 19, 2001, Reg; April 16, 2013, Susp | ......do | Do. |
| Region VII | ||||
| Iowa: | ||||
| Avoca, City of, Pottawattamie County | 190233 | May 20, 1974, Emerg; December 16, 1980, Reg; April 16, 2013, Susp | ......do | Do. |
| Council Bluffs, City of, Pottawattamie County | 190235 | April 11, 1973, Emerg; June 15, 1978, Reg; April 16, 2013, Susp | ......do | Do. |
| Minden, City of, Pottawattamie County | 190781 | N/A, Emerg; December 7, 1988, Reg; April 16, 2013, Susp | ......do | Do. |
| Neola, City of, Pottawattamie County | 190493 | N/A, Emerg; December 17, 1990, Reg; April 16, 2013, Susp | ......do | Do. |
| Oakland, City of, Pottawattamie County | 190237 | May 30, 1975, Emerg; August 3, 1981, Reg; April 16, 2013, Susp | ......do | Do. |
| Pottawattamie County, Unincorporated Areas | 190232 | N/A, Emerg; August 3, 1993, Reg; April 16, 2013, Susp | ......do | Do. |
| Underwood, City of, Pottawattamie County | 190494 | October 28, 1977, Emerg; June 1, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Walnut, City of, Pottawattamie County | 190676 | N/A, Emerg; December 31, 2009, Reg; April 16, 2013, Susp | ......do | Do. |
| Nebraska: | ||||
| Bennet, Village of, Lancaster County | 310251 | August 3, 1976, Emerg; March 2, 1981, Reg; April 16, 2013, Susp | ......do | Do. |
| Ceresco, Village of, Lancaster County | 310197 | July 18, 1975, Emerg; July 3, 1986, Reg; April 16, 2013, Susp | ......do | Do. |
| Firth, Village of, Lancaster County | 310135 | July 22, 1975, Emerg; April 15, 1981, Reg; April 16, 2013, Susp | ......do | Do. |
| Hickman, City of, Lancaster County | 310136 | May 27, 1975, Emerg; February 3, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Lancaster County, Unincorporated Areas | 310134 | February 16, 1979, Emerg; February 3, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| Lincoln, City of, Lancaster County | 315273 | April 17, 1970, Emerg; April 23, 1971, Reg; April 16, 2013, Susp | ......do | Do. |
| Malcolm, Village of, Lancaster County | 310500 | N/A, Emerg; March 30, 2009, Reg; April 16, 2013, Susp | ......do | Do. |
| Raymond, Village of, Lancaster County | 310138 | April 18, 1985, Emerg; April 18, 1985, Reg; April 16, 2013, Susp | ......do | Do. |
| Sprague, Village of, Lancaster County | 310495 | October 18, 1996, Emerg; September 21, 2001, Reg; April 16, 2013, Susp | ......do | Do. |
| Waverly, City of, Lancaster County | 310140 | June 13, 1975, Emerg; April 15, 1982, Reg; April 16, 2013, Susp | ......do | Do. |
| *-do- = Ditto. | ||||
| Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. | ||||
Dated: March 8, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2013-06320 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-12-P