2013-10350. 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:
Albion, Town of, Oswego County	361577	December 15, 1975, Emerg; April 15, 1986, Reg; June 18, 2013, Susp.	June 18, 2013	June 18, 2013
Altmar, Village of, Oswego County	360646	January 12, 1976, Emerg; February 5, 1986, Reg; June 18, 2013, Susp.	*......do	Do.
Amboy, Town of, Oswego County	361260	September 6, 1985, Emerg; March 1, 1988, Reg; June 18, 2013, Susp.	......do	Do.
Central Square, Village of, Oswego County	360647	July 7, 1975, Emerg; November 20, 1985, Reg; June 18, 2013, Susp.	......do	Do.
Cleveland, Village of, Oswego County	360998	January 13, 1976, Emerg; June 1, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Constantia, Town of, Oswego County	360648	June 26, 1975, Emerg; November 3, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Fulton, City of, Oswego County	360649	November 20, 1974, Emerg; April 15, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Granby, Town of, Oswego County	360650	June 30, 1975, Emerg; September 16, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Hannibal, Town of, Oswego County	360651	September 6, 1985, Emerg; February 1, 1988, Reg; June 18, 2013, Susp.	......do	Do.
Hannibal, Village of, Oswego County	360652	October 29, 1974, Emerg; April 1, 1987, Reg; June 18, 2013, Susp.	......do	Do.
Hastings, Town of, Oswego County	360653	March 10, 1975, Emerg; January 19, 1983, Reg; June 18, 2013, Susp.	......do	Do.
Lacona, Village of, Oswego County	361350	November 25, 1977, Emerg; May 11, 1979, Reg; June 18, 2013, Susp.	......do	Do.
Mexico, Town of, Oswego County	360654	June 30, 1976, Emerg; October 15, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Mexico, Village of, Oswego County	361460	July 30, 1975, Emerg; October 15, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Minetto, Town of, Oswego County	361261	October 24, 1975, Emerg; September 30, 1981, Reg; June 18, 2013, Susp.	......do	Do.
New Haven, Town of, Oswego County	360655	December 23, 1975, Emerg; February 17, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Oswego, City of, Oswego County	360656	April 30, 1973, Emerg; May 16, 1977, Reg; June 18, 2013, Susp.	......do	Do.
Oswego, Town of, Oswego County	360657	December 16, 1976, Emerg; September 30, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Parish, Town of, Oswego County	361546	December 9, 1976, Emerg; April 15, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Parish, Village of, Oswego County	361575	November 18, 1975, Emerg; February 19, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Phoenix, Village of, Oswego County	360658	March 10, 1975, Emerg; February 17, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Pulaski, Village of, Oswego County	360659	June 2, 1975, Emerg; September 2, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Redfield, Town of Oswego County	361265	September 17, 1985, Emerg; April 1, 1991, Reg; June 18, 2013, Susp.	......do	Do.
Richland, Town of, Oswego County	360660	March 21, 1974, Emerg; February 15, 1978, Reg; June 18, 2013, Susp.	......do	Do.
Sandy Creek, Town of, Oswego County	360661	August 18, 1975, Emerg; October 15, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Sandy Creek, Village of, Oswego County	361358	May 31, 1977, Emerg; May 11, 1979, Reg; June 18, 2013, Susp.	......do	Do.
Schroeppel, Town of, Oswego County	360662	June 13, 1975, Emerg; August 2, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Scriba, Town of, Oswego County	360663	September 15, 1975, Emerg; September 16, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Volney, Town of, Oswego County	361266	November 20, 1975, Emerg; April 15, 1982, Reg; June 18, 2013, Susp.	......do	Do.
West Monroe, Town of, Oswego County	360664	October 3, 1975, Emerg; January 20, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Region IV
Florida:
Blountstown, City of, Calhoun County	120060	March 17, 1975, Emerg; May 1, 1980, Reg; June 18, 2013, Susp.	......do	Do.
Calhoun County, Unincorporated Areas	120403	May 14, 1975, Emerg; June 18, 1987, Reg; June 18, 2013, Susp.	......do	Do.
Kissimmee, City of, Osceola County	120190	December 13, 1974, Emerg; July 2, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Liberty County, Unincorporated Areas	120148	May 19, 1978, Emerg; July 16, 1991, Reg; June 18, 2013, Susp.	......do	Do.
Osceola County, Unincorporated Areas	120189	September 4, 1975, Emerg; February 3, 1982, Reg; June 18, 2013, Susp.	......do	Do.
Saint Cloud, City of, Osceola County	120191	April 23, 1975, Emerg; September 17, 1980, Reg; June 18, 2013, Susp.	......do	Do.
Kentucky:
Butler, City of, Pendleton County	210188	May 3, 1974, Emerg; April 30, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Falmouth, City of, Pendleton County	210189	November 5, 1975, Emerg; July 3, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Frankfort, City of, Franklin County	210075	April 23, 1974, Emerg; July 2, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Franklin County, Unincorporated Areas	210280	January 23, 1976, Emerg; September 30, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Pendleton County, Unincorporated Areas	210297	May 1, 1997, Emerg; August 1, 1999, Reg; June 18, 2013, Susp.	......do	Do.
North Carolina:
Edgecombe County, Unincorporated Areas	370087	August 6, 1975, Emerg; August 3, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Enfield, Town of, Halifax County	370115	August 7, 1975, Emerg; June 25, 1976, Reg; June 18, 2013, Susp.	......do	Do.
Halifax County, Unincorporated Areas	370327	November 22, 1976, Emerg; May 5, 1981, Reg; June 18, 2013, Susp.	......do	Do.
Nash County, Unincorporated Areas	370278	January 10, 1974, Emerg; June 1, 1978, Reg; June 18, 2013, Susp.	......do	Do.
Nashville, Town of, Nash County	370167	July 2, 1975, Emerg; January 17, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Red Oak, Town of, Nash County	370516	N/A, Emerg; January 22, 1999, Reg; June 18, 2013, Susp.	......do	Do.
Rocky Mount, City of, Edgecombe and Nash Counties	370092	January 17, 1974, Emerg; May 1, 1978, Reg; June 18, 2013, Susp.	......do	Do.
Sharpsburg, Town of, Edgecombe County	370441	December 18, 1984, Emerg; July 3, 1990, Reg; June 18, 2013, Susp.	......do	Do.
Whitakers, Town of, Edgecombe County	370095	August 6, 1975, Emerg; April 15, 1980, Reg; June 18, 2013, Susp.	......do	Do.
Region V
Wisconsin:
Berlin, City of, Green Lake and Waushara Counties	550166	September 26, 1973, Emerg; September 30, 1977, Reg; June 18, 2013, Susp.	......do	Do.
Waushara County, Unincorporated Areas	550540	May 19, 1986, Emerg; November 2, 1991, Reg; June 18, 2013, Susp.	......do	Do.
Wautoma, City of, Waushara County	550506	August 20, 1975, Emerg; N/A, Reg; June 18, 2013, Susp.	......do	Do.
Wild Rose, Village of, Waushara County	550507	January 22, 1982, Emerg; September 30, 1988, Reg; June 18, 2013, Susp.	......do	Do.
Region VIII
Montana:
Flathead County, Unincorporated Areas	300023	October 31, 1975, Emerg; September 5, 1984, Reg; June 18, 2013, Susp.	......do	Do.
Kalispell, City of, Flathead County	300025	July 27, 1976, Emerg; September 17, 1980, Reg; June 18, 2013, Susp.	......do	Do.
South Dakota:
McCook County, Unincorporated Areas	460280	June 2, 1989, Emerg; June 8, 1998, Reg; June 18, 2013, Susp.	......do	Do.
Montrose, City of, McCook County	460052	December 16, 1975, Emerg; August 5, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Salem, City of, McCook County	460053	August 7, 1978, Emerg; May 1, 1986, Reg; June 18, 2013, Susp.	......do	Do.
Region IX
Nevada:
Reno, City of, Washoe County	320020	April 25, 1975, Emerg; January 5, 1984, Reg; June 18, 2013, Susp.	......do	Do.
Washoe County, Unincorporated Areas	320019	June 25, 1975, Emerg; August 1, 1984, Reg; June 18, 2013, Susp.	......do	Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp. —Suspension.

Dated: April 19, 2013.

David L. Miller,

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