2013-22836. 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 I
Connecticut:
Ansonia, City of, New Haven County	090071	November 2, 1974, Emerg; September 2, 1981, Reg; October 16, 2013, Susp.	Oct. 16, 2013	Oct. 16, 2013.
Derby, City of, New Haven County	090075	February 4, 1972, Emerg; September 15, 1977, Reg; October 16, 2013, Susp.	......do*	Do.
Seymour, Town of, New Haven County	090088	December 18, 1974, Emerg; July 3, 1978, Reg; October 16, 2013, Susp.	......do	Do.
Wilton, Town of, Fairfield County	090020	July 31, 1974, Emerg; November 17, 1982, Reg; October 16, 2013, Susp.	......do	Do.
Rhode Island:
Charlestown, Town of, Washington County	445395	October 30, 1970, Emerg; July 13, 1972, Reg; October 16, 2013, Susp.	......do	Do.
Narragansett, Town of, Washington County	445402	September 18, 1970, Emerg; December 3, 1971, Reg; October 16, 2013, Susp.	......do	Do.
New Shoreham, Town of, Washington County	440036	October 16, 1975, Emerg; April 3, 1985, Reg; October 16, 2013, Susp.	......do	Do.
North Kingstown, Town of, Washington County	445404	September 18, 1970, Emerg; July 14, 1972, Reg; October 16, 2013, Susp.	......do	Do.
South Kingstown, Town of, Washington County	445407	September 11, 1970, Emerg; June 23, 1972, Reg; October 16, 2013, Susp.	......do	Do.
Westerly, Town of, Washington County	445410	August 14, 1970, Emerg; July 28, 1972, Reg; October 16, 2013, Susp.	......do	Do.
Region III
West Virginia:
Hamlin, Town of, Lincoln County	540089	May 27, 1975, Emerg; September 4, 1987, Reg; October 16, 2013, Susp.	......do	Do.
Lincoln County, Unincorporated Areas	540088	May 24, 1976, Emerg; September 18, 1987, Reg; October 16, 2013, Susp.	......do	Do.
West Hamlin, Town of, Lincoln County	540090	June 26, 1975, Emerg; September 4, 1987, Reg; October 16, 2013, Susp.	......do	Do.
Region IV
Kentucky:
Central City, City of, Muhlenberg County	210175	September 10, 1975, Emerg; August 5, 1986, Reg; October 16, 2013, Susp.	......do	Do.
Greenville, City of, Muhlenberg County	210176	May 30, 1975, Emerg; August 19, 1986, Reg; October 16, 2013, Susp.	......do	Do.
Muhlenberg County, Unincorporated Areas	210293	N/A, Emerg; August 12, 2002, Reg; October 16, 2013, Susp.	......do	Do.
Mississippi:
Guntown, Town of, Lee County	280345	N/A, Emerg; August 28, 2007, Reg; October 16, 2013, Susp.	......do	Do.
Lee County, Unincorporated Areas	280227	February 7, 1978, Emerg; March 5, 1990, Reg; October 16, 2013, Susp.	......do	Do.
Saltillo, City of, Lee County	280261	April 24, 1975, Emerg; September 18, 1987, Reg; October 16, 2013, Susp.	......do	Do.
Shannon, Town of, Lee County	280343	N/A, Emerg; February 26, 2009, Reg; October 16, 2013, Susp.	......do	Do.
Tupelo, City of, Lee County	280100	March 4, 1974, Emerg; April 3, 1978, Reg; October 16, 2013, Susp.	......do	Do.
Verona, Town of, Lee County	280262	May 6, 1975, Emerg; June 4, 1987, Reg; October 16, 2013, Susp.	......do	Do.
Region V
Indiana:
Decatur County, Unincorporated Areas	180430	February 10, 1976, Emerg; November 16, 1983, Reg; October 16, 2013, Susp.	......do	Do.
Greensburg, City of, Decatur County	180043	February 28, 1975, Emerg; September 30, 1983, Reg; October 16, 2013, Susp.	......do	Do.
Saint Paul, Town of, Decatur and Shelby Counties	180399	September 25, 1975, Emerg; January 17, 1985, Reg; October 16, 2013, Susp.	......do	Do.
Westport, Town of, Decatur County	180517	January 24, 2000, Emerg; N/A, Reg; October 16, 2013, Susp.	......do	Do.
Region IX
Arizona:
Buckeye, Town of, Maricopa County	040039	December 17, 1974, Emerg; February 15, 1980, Reg; October 16, 2013, Susp.	......do	Do.
Cave Creek, Town of, Maricopa County	040129	June 9, 1988, Emerg; June 9, 1988, Reg; October 16, 2013, Susp.	......do	Do.
Chandler, City of, Maricopa County	040040	May 16, 1975, Emerg; July 16, 1980, Reg; October 16, 2013, Susp.	......do	Do.
El Mirage, City of, Maricopa County	040041	August 8, 1975, Emerg; December 1, 1978, Reg; October 16, 2013, Susp.	......do	Do.
Gilbert, Town of, Maricopa County	040044	June 10, 1975, Emerg; January 16, 1980, Reg; October 16, 2013, Susp.	......do	Do.
Glendale, City of, Maricopa County	040045	March 20, 1975, Emerg; April 16, 1979, Reg; October 16, 2013, Susp.	......do	Do.
Peoria, City of, Maricopa County	040050	June 18, 1975, Emerg; November 17, 1978, Reg; October 16, 2013, Susp.	......do	Do.
Tempe, City of, Maricopa County	040054	November 18, 1974, Emerg; August 15, 1980, Reg; October 16, 2013, Susp.	......do	Do.
Wickenburg, Town of, Maricopa County	040056	January 16, 1974, Emerg; January 5, 1978, Reg; October 16, 2013, Susp.	......do	Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: September 4, 2013.

David L. Miller

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