2013-05260. 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, [phone].

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 III
Pennsylvania:
Apolacon, Township of, Susquehanna County	422072	February 10, 1976, Emerg; July 17, 1989, Reg; April 2, 2013, Susp	April 2, 2013	April 2, 2013
Ararat, Township of, Susquehanna County	422073	August 6, 1975, Emerg; May 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Bridgewater, Township of, Susquehanna County	422585	March 23, 1976, Emerg; May 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Brooklyn, Township of, Susquehanna County	422075	February 4, 1976, Emerg; May 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Choconut, Township of, Susquehanna County	422076	January 26, 1976, Emerg; November 15, 1989, Reg; April 2, 2013, Susp	......do	Do.
Clifford, Township of, Susquehanna County	422077	February 6, 1981, Emerg; March 16, 1989, Reg; April 2, 2013, Susp	......do	Do.
Dimock, Township of, Susquehanna County	422078	March 22, 1976, Emerg; April 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Forest City, Borough of, Susquehanna County	422067	August 2, 1976, Emerg; February 5, 1986, Reg; April 2, 2013, Susp	......do	Do.
Forest Lake, Township of, Susquehanna County	422578	November 2, 1976, Emerg; April 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Franklin, Township of, Susquehanna County	422079	December 4, 1975, Emerg; May 17, 1989, Reg; April 2, 2013, Susp	......do	Do.
Friendsville, Borough of, Susquehanna County	422579	April 20, 1979, Emerg; February 5, 1986, Reg; April 2, 2013, Susp	......do	Do.
Gibson, Township of, Susquehanna County	422080	October 3, 1975, Emerg; December 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Great Bend, Borough of, Susquehanna County	422068	January 21, 1975, Emerg; September 30, 1980, Reg; April 2, 2013, Susp	......do	Do.
Great Bend, Township of, Susquehanna County	421212	February 13, 1975, Emerg; January 2, 1981, Reg; April 2, 2013, Susp	......do	Do.
Hallstead, Borough of, Susquehanna County	422069	July 2, 1975, Emerg; September 30, 1980, Reg; April 2, 2013, Susp	......do	Do.
Harford, Township of, Susquehanna County	422081	November 2, 1976, Emerg; September 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Harmony, Township of, Susquehanna County	422082	February 2, 1976, Emerg; January 16, 1981, Reg; April 2, 2013, Susp	......do	Do.
Herrick, Township of, Susquehanna County	422580	May 10, 1976, Emerg; December 19, 1984, Reg; April 2, 2013, Susp	......do	Do.
Hop Bottom, Borough of, Susquehanna County	420812	October 14, 1975, Emerg; May 17, 1989, Reg; April 2, 2013, Susp	......do	Do.
Jackson, Township of, Susquehanna County	422083	December 2, 1975, Emerg; May 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Jessup, Township of, Susquehanna County	422084	January 22, 1976, Emerg; May 17, 1989, Reg; April 2, 2013, Susp	......do	Do.
Lanesboro, Borough of, Susquehanna County	420813	April 17, 1975, Emerg; October 15, 1980, Reg; April 2, 2013, Susp	......do	Do.
Lathrop, Township of, Susquehanna County	422085	July 30, 1980, Emerg; April 3, 1989, Reg; April 2, 2013, Susp	......do	Do.
Lenox, Township of, Susquehanna County	422086	April 4, 1977, Emerg; April 3, 1989, Reg; April 2, 2013, Susp	......do	Do.
Liberty, Township of, Susquehanna County	422087	February 3, 1976, Emerg; May 17, 1989, Reg; April 2, 2013, Susp	......do	Do.
Little Meadows, Borough of, Susquehanna County	420814	October 29, 1975, Emerg; July 4, 1989, Reg; April 2, 2013, Susp	......do	Do.
Montrose, Borough of, Susquehanna County	422070	November 28, 1975, Emerg; June 25, 1976, Reg; April 2, 2013, Susp	......do	Do.
New Milford, Borough of, Susquehanna County	420815	July 29, 1975, Emerg; July 4, 1989, Reg; April 2, 2013, Susp	......do	Do.
New Milford, Township of, Susquehanna County	422089	January 26, 1976, Emerg; April 3, 1989, Reg; April 2, 2013, Susp	......do	Do.
Oakland, Borough of, Susquehanna County	422071	October 14, 1975, Emerg; January 2, 1981, Reg; April 2, 2013, Susp	......do	Do.
Oakland, Township of, Susquehanna County	422581	November 13, 1975, Emerg; October 15, 1980, Reg; April 2, 2013, Susp	......do	Do.
Rush, Township of, Susquehanna County	422090	January 26, 1976, Emerg; September 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Silver Lake, Township of, Susquehanna County	422091	March 18, 1976, Emerg; September 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Susquehanna Depot, Borough of, Susquehanna County	420816	April 1, 1975, Emerg; October 15, 1980, Reg; April 2, 2013, Susp	......do	Do.
Thompson, Borough of, Susquehanna County	422582	January 26, 1976, Emerg; June 30, 1976, Reg; April 2, 2013, Susp	......do	Do.
Thompson, Township of, Susquehanna County	422583	October 15, 1975, Emerg; September 1, 1986, Reg; April 2, 2013, Susp	......do	Do.
Union Dale, Borough of, Susquehanna County	422584	January 11, 1980, Emerg; February 4, 1983, Reg; April 2, 2013, Susp	......do	Do.
Region VI
Louisiana:
Greensburg, Town of, Saint Helena Parish	220330	February 23, 1976, Emerg; April 1, 1980, Reg; April 2, 2013, Susp	......do	Do.
Montpelier, Village of, Saint Helena Parish	220300	March 8, 1976, Emerg; March 20, 1979, Reg; April 2, 2013, Susp	......do	Do.
Saint Helena Parish, Unincorporated Areas	220161	February 3, 1976, Emerg; September 27, 1991, Reg; April 2, 2013, Susp	......do	Do.
*do = Ditto.
Code for reading third column: Emerg—Emergency; Reg—Regular; Susp—Suspension.

Dated: February 5, 2013.

David L. Miller,

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