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