2013-06320. 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 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.