[Federal Register Volume 78, Number 54 (Wednesday, March 20, 2013)]
[Rules and Regulations]
[Pages 17130-17133]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06320]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8275]


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, (202) 646-2953.

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

[[Page 17131]]

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]

0
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

----------------------------------------------------------------------------------------------------------------
                                                 Effective date
                                                 authorization/                             Date certain Federal
                                   Community     cancellation of    Current effective map       assistance no
       State and location             No.         sale of flood              date            longer available in
                                                  insurance in                                      SFHAs
                                                    community
----------------------------------------------------------------------------------------------------------------
           Region IV
Florida:
    Live Oak, City of, Suwannee        120334  November 14, 1974,  April 16, 2013.........  April 16, 2013.
     County.                                    Emerg; July 1,
                                                1987, Reg; April
                                                16, 2013, Susp.
    Suwannee County,                   120300  February 14, 1975,  ......do*..............   Do.
     Unincorporated Areas.                      Emerg; January 6,
                                                1988, Reg; April
                                                16, 2013, Susp.
Kentucky:
    Coal Run Village, City of,         210263  April 14, 1977,     ......do...............   Do.
     Pike County.                               Emerg; December
                                                4, 1979, Reg;
                                                April 16, 2013,
                                                Susp.
    Dover, City of, Mason              210167  February 11, 1976,  ......do...............   Do.
     County.                                    Emerg; May 15,
                                                1986, Reg; April
                                                16, 2013, Susp.
    Lewis County,                      210141  March 2, 1977,      ......do...............   Do.
     Unincorporated Areas.                      Emerg; February
                                                19, 1987, Reg;
                                                April 16, 2013,
                                                Susp.
    Mason County,                      210259  June 30, 1997,      ......do...............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1997, Reg;
                                                April 16, 2013,
                                                Susp.
    Maysville, City of, Mason          210168  May 14, 1975,       ......do...............   Do.
     County.                                    Emerg; June 30,
                                                1976, Reg; April
                                                16, 2013, Susp.
    Pike County, Unincorporated        210298  July 20, 1977,      ......do...............   Do.
     Areas.                                     Emerg; December
                                                4, 1979, Reg;
                                                April 16, 2013,
                                                Susp.
    Pikeville, City of, Pike           210193  May 13, 1975,       ......do...............   Do.
     County.                                    Emerg; March 2,
                                                1981, Reg; April
                                                16, 2013, Susp.
    Vanceburg, Town of, Lewis          210142  August 7, 1975,     ......do...............   Do.
     County.                                    Emerg; February
                                                19, 1987, Reg;
                                                April 16, 2013,
                                                Susp.
North Carolina:
    Ayden, Town of, Pitt County        370189  March 4, 1975,      ......do...............   Do.
                                                Emerg; August 4,
                                                1987, Reg; April
                                                16, 2013, Susp.
    Black Creek, Town of,              370549  April 25, 2002,     ......do...............   Do.
     Wilson County.                             Emerg; November
                                                4, 2004, Reg;
                                                April 16, 2013,
                                                Susp.
    Craven County,                     370072  October 19, 1973,   ......do...............   Do.
     Unincorporated Areas.                      Emerg; May 4,
                                                1987, Reg; April
                                                16, 2013, Susp.
    Farmville, Town of, Pitt           370190  October 15, 1974,   ......do...............   Do.
     County.                                    Emerg; April 1,
                                                1982, Reg; April
                                                16, 2013, Susp.
    Fountain, Town of, Pitt            370631  N/A, Emerg; May     ......do...............   Do.
     County.                                    18, 2005, Reg;
                                                April 16, 2013,
                                                Susp.
    Franklin County,                   370377  February 21, 1997,  ......do...............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                2000, Reg; April
                                                16, 2013, Susp.
    Franklinton, Town of,              370497  July 30, 1997,      ......do...............   Do.
     Franklin County.                           Emerg; January
                                                19, 2001, Reg;
                                                April 16, 2013,
                                                Susp.
    Granville County,                  370325  N/A, Emerg;         ......do...............   Do.
     Unincorporated Areas.                      February 20,
                                                1997, Reg; April
                                                16, 2013, Susp.

[[Page 17132]]

 
    Greene County,                     370378  N/A, Emerg; June    ......do...............   Do.
     Unincorporated Areas.                      12, 1995, Reg;
                                                April 16, 2013,
                                                Susp.
    Greenville, City of, Pitt          370191  January 15, 1974,   ......do...............   Do.
     County.                                    Emerg; July 3,
                                                1978, Reg; April
                                                16, 2013, Susp.
    Grifton, Town of, Pitt             370192  April 10, 1975,     ......do...............   Do.
     County.                                    Emerg; February
                                                17, 1982, Reg;
                                                April 16, 2013,
                                                Susp.
    Hookerton, Town of, Greene         370326  N/A, Emerg;         ......do...............   Do.
     County.                                    November 24,
                                                1999, Reg; April
                                                16, 2013, Susp.
    Jones County,                      370379  April 28, 1975,     ......do...............   Do.
     Unincorporated Areas.                      Emerg; August 16,
                                                1988, Reg; April
                                                16, 2013, Susp.
    Kinston, City of, Lenoir           370145  November 7, 1974,   ......do...............   Do.
     County.                                    Emerg; June 15,
                                                1982, Reg; April
                                                16, 2013, Susp.
    La Grange, Town of, Lenoir         370579  August 12, 2002,    ......do...............   Do.
     County.                                    Emerg; July 2,
                                                2004, Reg; April
                                                16, 2013, Susp.
    Lenoir County,                     370144  July 7, 1980,       ......do...............   Do.
     Unincorporated Areas.                      Emerg; January 6,
                                                1983, Reg; April
                                                16, 2013, Susp.
    Louisburg, Town of,                370098  June 17, 1975,      ......do...............   Do.
     Franklin County.                           Emerg; March 4,
                                                1988, Reg; April
                                                16, 2013, Susp.
    Lucama, Town of, Wilson            370537  March 6, 2001,      ......do...............   Do.
     County.                                    Emerg; November
                                                3, 2004, Reg;
                                                April 16, 2013,
                                                Susp.
    Middlesex, Town of, Nash           370445  N/A, Emerg; March   ......do...............   Do.
     County.                                    19, 1999, Reg;
                                                April 16, 2013,
                                                Susp.
    Nash County, Unincorporated        370278  January 10, 1974,   ......do...............   Do.
     Areas.                                     Emerg; June 1,
                                                1978, Reg; April
                                                16, 2013, Susp.
    Pitt County, Unincorporated        370372  September 22,       ......do...............   Do.
     Areas.                                     1980, Emerg;
                                                January 6, 1983,
                                                Reg; April 16,
                                                2013, Susp.
    Snow Hill, Town of, Greene         370110  December 24, 1974,  ......do...............   Do.
     County.                                    Emerg; January
                                                20, 1982, Reg;
                                                April 16, 2013,
                                                Susp.
    Stantonsburg, Town of,             370371  August 19, 1988,    ......do...............   Do.
     Wilson County.                             Emerg; September
                                                1, 1989, Reg;
                                                April 16, 2013,
                                                Susp.
    Vance County,                      370366  N/A, Emerg;         ......do...............   Do.
     Unincorporated Areas.                      October 22, 1997,
                                                Reg; April 16,
                                                2013, Susp.
    Wake County, Unincorporated        370368  February 26, 1975,  ......do...............   Do.
     Areas.                                     Emerg; November
                                                15, 1978, Reg;
                                                April 16, 2013,
                                                Susp.
    Wake Forest, Town of, Wake         370244  March 14, 1974,     ......do...............   Do.
     County.                                    Emerg; July 2,
                                                1978, Reg; April
                                                16, 2013, Susp.
    Wayne County,                      370254  N/A, Emerg;         ......do...............   Do.
     Unincorporated Areas.                      September 16,
                                                1991, Reg; April
                                                16, 2013, Susp.
    Wilson, City of, Wilson            370270  March 21, 1975,     ......do...............   Do.
     County.                                    Emerg; July 19,
                                                1982, Reg; April
                                                16, 2013, Susp.
    Wilson County,                     370370  January 12, 1983,   ......do...............   Do.
     Unincorporated Areas.                      Emerg; January
                                                12, 1983, Reg;
                                                April 16, 2013,
                                                Susp.
    Youngsville, Town of,              370494  June 30, 1997,      ......do...............   Do.
     Franklin County.                           Emerg; January
                                                19, 2001, Reg;
                                                April 16, 2013,
                                                Susp.
 
           Region VII
 
Iowa:
    Avoca, City of,                    190233  May 20, 1974,       ......do...............   Do.
     Pottawattamie County.                      Emerg; December
                                                16, 1980, Reg;
                                                April 16, 2013,
                                                Susp.
    Council Bluffs, City of,           190235  April 11, 1973,     ......do...............   Do.
     Pottawattamie County.                      Emerg; June 15,
                                                1978, Reg; April
                                                16, 2013, Susp.
    Minden, City of,                   190781  N/A, Emerg;         ......do...............   Do.
     Pottawattamie County.                      December 7, 1988,
                                                Reg; April 16,
                                                2013, Susp.
    Neola, City of,                    190493  N/A, Emerg;         ......do...............   Do.
     Pottawattamie County.                      December 17,
                                                1990, Reg; April
                                                16, 2013, Susp.
    Oakland, City of,                  190237  May 30, 1975,       ......do...............   Do.
     Pottawattamie County.                      Emerg; August 3,
                                                1981, Reg; April
                                                16, 2013, Susp.
    Pottawattamie County,              190232  N/A, Emerg; August  ......do...............   Do.
     Unincorporated Areas.                      3, 1993, Reg;
                                                April 16, 2013,
                                                Susp.
    Underwood, City of,                190494  October 28, 1977,   ......do...............   Do.
     Pottawattamie County.                      Emerg; June 1,
                                                1982, Reg; April
                                                16, 2013, Susp.
    Walnut, City of,                   190676  N/A, Emerg;         ......do...............   Do.
     Pottawattamie County.                      December 31,
                                                2009, Reg; April
                                                16, 2013, Susp.
Nebraska:
    Bennet, Village of,                310251  August 3, 1976,     ......do...............   Do.
     Lancaster County.                          Emerg; March 2,
                                                1981, Reg; April
                                                16, 2013, Susp.
    Ceresco, Village of,               310197  July 18, 1975,      ......do...............   Do.
     Lancaster County.                          Emerg; July 3,
                                                1986, Reg; April
                                                16, 2013, Susp.
    Firth, Village of,                 310135  July 22, 1975,      ......do...............   Do.
     Lancaster County.                          Emerg; April 15,
                                                1981, Reg; April
                                                16, 2013, Susp.

[[Page 17133]]

 
    Hickman, City of, Lancaster        310136  May 27, 1975,       ......do...............   Do.
     County.                                    Emerg; February
                                                3, 1982, Reg;
                                                April 16, 2013,
                                                Susp.
    Lancaster County,                  310134  February 16, 1979,  ......do...............   Do.
     Unincorporated Areas.                      Emerg; February
                                                3, 1982, Reg;
                                                April 16, 2013,
                                                Susp.
    Lincoln, City of, Lancaster        315273  April 17, 1970,     ......do...............   Do.
     County.                                    Emerg; April 23,
                                                1971, Reg; April
                                                16, 2013, Susp.
    Malcolm, Village of,               310500  N/A, Emerg; March   ......do...............   Do.
     Lancaster County.                          30, 2009, Reg;
                                                April 16, 2013,
                                                Susp.
    Raymond, Village of,               310138  April 18, 1985,     ......do...............   Do.
     Lancaster County.                          Emerg; April 18,
                                                1985, Reg; April
                                                16, 2013, Susp.
    Sprague, Village of,               310495  October 18, 1996,   ......do...............   Do.
     Lancaster County.                          Emerg; September
                                                21, 2001, Reg;
                                                April 16, 2013,
                                                Susp.
    Waverly, City of, Lancaster        310140  June 13, 1975,      ......do...............   Do.
     County.                                    Emerg; April 15,
                                                1982, Reg; April
                                                16, 2013, Susp.
----------------------------------------------------------------------------------------------------------------
*-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.
[FR Doc. 2013-06320 Filed 3-19-13; 8:45 am]
BILLING CODE 9110-12-P