2013-21758. 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 II
New York:
Annsville, Town of, Oneida County	360516	June 9, 1975, Emerg; April 5, 1988, Reg; September 27, 2013, Susp.	September 27, 2013	September 27, 2013
Augusta, Town of, Oneida County	360517	June 9, 1975, Emerg; May 1, 1985, Reg; September 27, 2013, Susp.	......do*	Do.
Ava, Town of, Oneida County	360518	April 10, 1984, Emerg; February 1, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Barneveld, Village of, Oneida County	361569	June 10, 1975, Emerg; April 17, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Boonville, Town of, Oneida County	360519	November 28, 1975, Emerg; July 3, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Boonville, Village of, Oneida County	360520	August 8, 1975, Emerg; April 17, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Bridgewater, Town of, Oneida County	360521	June 21, 1984, Emerg; December 19, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Bridgewater, Village of, Oneida County	360522	August 11, 1976, Emerg; April 15, 1982, Reg; September 27, 2013, Susp.	......do	Do.
Camden, Town of, Oneida County	360523	December 26, 1974, Emerg; May 1, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Camden, Village of, Oneida County	360993	December 19, 1974, Emerg; August 16, 1988, Reg; September 27, 2013, Susp.	......do	Do.
Clayville, Village of, Oneida County	360524	June 12, 1984, Emerg; June 12, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Clinton, Village of, Oneida County	360525	November 7, 1974, Emerg; May 1, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Deerfield, Town of, Oneida County	360526	September 18, 1974, Emerg; April 17, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Florence, Town of, Oneida County	360527	June 1, 1976, Emerg; April 17, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Floyd, Town of, Oneida County	360528	January 24, 1975, Emerg; March 15, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Forestport, Town of, Oneida County	360529	April 8, 1976, Emerg; April 17, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Holland Patent, Village of, Oneida County	360530	April 25, 1975, Emerg; April 17, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Kirkland, Town of, Oneida County	360531	December 17, 1974, Emerg; April 3, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Lee, Town of, Oneida County	360532	March 6, 1975, Emerg; June 5, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Marcy, Town of, Oneida County	360533	April 23, 1975, Emerg; June 1, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Marshall, Town of, Oneida County	360534	July 17, 1975, Emerg; September 30, 1982, Reg; September 27, 2013, Susp.	......do	Do.
New Hartford, Town of, Oneida County	360535	August 22, 1974, Emerg; April 18, 1983, Reg; September 27, 2013, Susp.	......do	Do.
New Hartford, Village of, Oneida County	360536	January 23, 1975, Emerg; July 5, 1983, Reg; September 27, 2013, Susp.	......do	Do.
New York Mills, Village of, Oneida County	360537	May 23, 1975, Emerg; May 16, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Oneida Castle, Village of, Oneida County	361526	June 1, 1983, Emerg; September 15, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Oriskany, Village of, Oneida County	360538	January 29, 1975, Emerg; September 15, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Oriskany Falls, Village of, Oneida County	361354	October 6, 1977, Emerg; January 19, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Paris, Town of, Oneida County	360539	August 6, 1975, Emerg; September 15, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Remsen, Town of, Oneida County	360540	November 7, 1975, Emerg; May 1, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Remsen, Village of, Oneida County	360541	September 8, 1983, Emerg; September 24, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Rome, City of, Oneida County	360542	October 15, 1974, Emerg; January 3, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Sangerfield, Town of, Oneida County	360543	March 4, 1975, Emerg; June 5, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Sherrill, City of, Oneida County	360544	February 14, 1975, Emerg; September 15, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Steuben, Town of, Oneida County	360555	June 13, 1983, Emerg; September 24, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Sylvan Beach, Village of, Oneida County	361042	April 29, 1975, Emerg; June 1, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Trenton, Town of, Oneida County	360556	April 21, 1975, Emerg; May 1, 1985, Reg; September 27, 2013, Susp.	......do	Do.
Utica, City of, Oneida County	360558	October 2, 1974, Emerg; February 1, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Vernon, Town of, Oneida County	360559	April 15, 1975, Emerg; August 16, 1988, Reg; September 27, 2013, Susp.	......do	Do.
Vernon, Village of, Oneida County	360560	October 6, 1975, Emerg; April 15, 1988, Reg; September 27, 2013, Susp.	......do	Do.
Verona, Town of, Oneida County	360561	June 15, 1976, Emerg; May 4, 1989, Reg; September 27, 2013, Susp.	......do	Do.
Vienna, Town of, Oneida County	360562	August 27, 1975, Emerg; March 1, 1984, Reg; September 27, 2013, Susp.	......do	Do.
Waterville, Village of, Oneida County	360563	March 15, 1983, Emerg; March 15, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Western, Town of, Oneida County	360564	August 17, 1976, Emerg; May 4, 1989, Reg; September 27, 2013, Susp.	......do	Do.
Westmoreland, Town of, Oneida County	360565	March 12, 1975, Emerg; March 2, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Whitesboro, Village of, Oneida County	360566	March 15, 1974, Emerg; February 1, 1978, Reg; September 27, 2013, Susp.	......do	Do.
Whitestown, Town of, Oneida County	360567	May 13, 1975, Emerg; September 15, 1983, Reg; September 27, 2013, Susp.
Yorkville, Village of, Oneida County	360568	September 19, 1974, Emerg; June 1, 1983, Reg; September 27, 2013, Susp.	......do	Do.
Region IV
Florida:
Bushnell, City of, Sumter County	120297	January 20, 1975, Emerg; June 25, 1976, Reg; September 27, 2013, Susp.
Center Hill, City of, Sumter County	120615	October 25, 1983, Emerg; January 18, 1989, Reg; September 27, 2013, Susp.	......do	Do.
Coleman, City of, Sumter County	120616	April 6, 1984, Emerg; July 2, 1987, Reg; September 27, 2013, Susp.	......do	Do.
Hillsborough County, Unincorporated Areas	120112	October 9, 1970, Emerg; June 18, 1980, Reg; September 27, 2013, Susp.	......do	Do.
Sumter County, Unincorporated Areas	120296	August 21, 1974, Emerg; March 15, 1982, Reg; September 27, 2013, Susp.	......do	Do.
Webster, City of, Sumter County	120298	July 10, 1975, Emerg; July 1, 1987, Reg; September 27, 2013, Susp.	......do	Do.
Wildwood, City of, Sumter County	120299	October 31, 1975, Emerg; December 26, 1980, Reg; September 27, 2013, Susp.	......do	Do.
Kentucky:
Hancock County, Unincorporated Areas	210256	N/A, Emerg; June 25, 2008, Reg; September 27, 2013, Susp.	......do	Do.
Hawesville, City of, Hancock County	210239	May 19, 1975, Emerg; November 5, 1986, Reg; September 27, 2013, Susp.	......do	Do.
Lewisport, City of, Hancock County	210093	May 9, 1975, Emerg; November 19, 1986, Reg; September 27, 2013, Susp.
Region X
Alaska:
Kenai Peninsula Borough	020012	June 19, 1970, Emerg; November 20, 1986, Reg; September 27, 2013, Susp.	......do	Do.
Seward, City of, Kenai Peninsula Borough	020113	June 19, 1970, Emerg; November 20, 1986, Reg; September 27, 2013, Susp.	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Susp.ension.

Dated: August 13, 2013.

David L. Miller,

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