[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25582-25585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10348]


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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-8279]


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: 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

[[Page 25583]]

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]

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/
                                  Community     cancellation of    Current effective map   Date certain Federal
      State and location             No.         sale of flood             date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                   community
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          Region III
 
Pennsylvania:
    Berlin, Township of, Wayne        422158  January 23, 1976,   May 16, 2013..........  May 16, 2013
     County.                                   Emerg; July 15,
                                               1988, Reg; May
                                               16, 2013, Susp.
    Bethany, Borough of, Wayne        422566  October 31, 1975,   ......do..............   Do.
     County.                                   Emerg; November
                                               6, 1981, Reg; May
                                               16, 2013, Susp.
    Buckingham, Township of,          422159  May 12, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; August 19,
                                               1985, Reg; May
                                               16, 2013, Susp.
    Canaan, Township of, Wayne        422160  August 28, 1975,    ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1987, Reg;
                                               May 16, 2013,
                                               Susp.
    Cherry Ridge, Township of,        422161  November 14, 1975,  ......do..............   Do.
     Wayne County.                             Emerg; December
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    Clinton, Township of,             422162  November 13, 1975,  ......do..............   Do.
     Wayne County.                             Emerg; February
                                               4, 1983, Reg; May
                                               16, 2013, Susp.
    Damascus, Township of,            422163  June 9, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; September
                                               30, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Dreher, Township of, Wayne        422164  May 14, 1975,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; May
                                               16, 2013, Susp.
    Dyberry, Township of,             422165  May 2, 1975,        ......do..............   Do.
     Wayne County.                             Emerg; September
                                               30, 1987, Reg;
                                               May 16, 2013,
                                               Susp.
    Hawley, Borough of, Wayne         420863  July 18, 1974,      ......do..............   Do.
     County.                                   Emerg; August 19,
                                               1991, Reg; May
                                               16, 2013, Susp.

[[Page 25584]]

 
    Honesdale, Borough of,            420864  April 18, 1973,     ......do..............   Do.
     Wayne County.                             Emerg; November
                                               30, 1973, Reg;
                                               May 16, 2013,
                                               Susp.
    Lake, Township of, Wayne          422166  September 17,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               October 15, 1985,
                                               Reg; May 16,
                                               2013, Susp.
    Lebanon, Township of,             422567  January 18, 1980,   ......do..............   Do.
     Wayne County.                             Emerg; August 19,
                                               1985, Reg; May
                                               16, 2013, Susp.
    Lehigh, Township of, Wayne        422167  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; March 4,
                                               1988, Reg; May
                                               16, 2013, Susp.
    Manchester, Township of,          422168  December 8, 1975,   ......do..............   Do.
     Wayne County.                             Emerg; September
                                               30, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Mount Pleasant, Township          422169  July 2, 1975,       ......do..............   Do.
     of, Wayne County.                         Emerg; December
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    Oregon, Township of, Wayne        422170  December 2, 1975,   ......do..............   Do.
     County.                                   Emerg; November
                                               5, 1982, Reg; May
                                               16, 2013, Susp.
    Palmyra, Township of,             420865  April 18, 1973,     ......do..............   Do.
     Wayne County.                             Emerg; March 15,
                                               1977, Reg; May
                                               16, 2013, Susp.
    Paupack, Township of,             421023  December 10, 1973,  ......do..............   Do.
     Wayne County.                             Emerg; March 1,
                                               1977, Reg; May
                                               16, 2013, Susp.
    Preston, Township of,             422171  May 12, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; October
                                               15, 1985, Reg;
                                               May 16, 2013,
                                               Susp.
    Prompton, Borough of,             420866  June 25, 1975,      ......do..............   Do.
     Wayne County.                             Emerg; June 1,
                                               1989, Reg; May
                                               16, 2013, Susp.
    Salem, Township of, Wayne         422172  September 30,       ......do..............   Do.
     County.                                   1975, Emerg; July
                                               15, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Scott, Township of, Wayne         422173  January 27, 1976,   ......do..............   Do.
     County.                                   Emerg; December
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    South Canaan, Township of,        422174  July 29, 1975,      ......do..............   Do.
     Wayne County.                             Emerg; August 19,
                                               1985, Reg; May
                                               16, 2013, Susp.
    Starrucca, Borough of,            420867  November 26, 1975,  ......do..............   Do.
     Wayne County.                             Emerg; February
                                               17, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Sterling, Township of,            422175  May 13, 1975,       ......do..............   Do.
     Wayne County.                             Emerg; December
                                               3, 1982, Reg; May
                                               16, 2013, Susp.
    Texas, Township of, Wayne         422176  July 24, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1987, Reg;
                                               May 16, 2013,
                                               Susp.
    Waymart, Borough of, Wayne        420868  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; October
                                               30, 1981, Reg;
                                               May 16, 2013,
                                               Susp.
West Virginia:
    Boone County,                     540007  April 25, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 16,
                                               1991, Reg; May
                                               16, 2013, Susp.
 
           Region IV
 
Georgia:
    Atlanta, City of, DeKalb          135157  April 30, 1970,     ......do..............   Do.
     and Fulton Counties.                      Emerg; October
                                               14, 1971, Reg;
                                               May 16, 2013,
                                               Susp.
    Dunwoody, City of, DeKalb         130679  N/A, Emerg;         ......do..............   Do.
     County.                                   October 14, 2009,
                                               Reg; May 16,
                                               2013, Susp.
Kentucky:
    Augusta, City of, Bracken         210022  February 26, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1988, Reg;
                                               May 16, 2013,
                                               Susp.
    Bracken County,                   210021  June 9, 1997,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               1, 1997, Reg; May
                                               16, 2013, Susp.
    Bromley, City of, Kenton          210253  September 19,       ......do..............   Do.
     County.                                   1974, Emerg;
                                               April 15, 1980,
                                               Reg; May 16,
                                               2013, Susp.
    Covington, City of, Kenton        210129  March 19, 1974,     ......do..............   Do.
     County.                                   Emerg; June 15,
                                               1979, Reg; May
                                               16, 2013, Susp.
    Crescent Springs, City of,        210450  N/A, Emerg; April   ......do..............   Do.
     Kenton County.                            20, 2011, Reg;
                                               May 16, 2013,
                                               Susp.
    Crestview Hills, City of,         210451  N/A, Emerg; June    ......do..............   Do.
     Kenton County.                            11, 2009, Reg;
                                               May 16, 2013,
                                               Susp.
    Edgewood, City of, Kenton         210452  N/A, Emerg;         ......do..............   Do.
     County.                                   November 22,
                                               2010, Reg; May
                                               16, 2013, Susp.
    Erlanger, City of, Kenton         210378  November 20, 1997,  ......do..............   Do.
     County.                                   Emerg; March 16,
                                               2009, Reg; May
                                               16, 2013, Susp.
    Fort Wright, City of,             210249  October 21, 1980,   ......do..............   Do.
     Kenton County.                            Emerg; October
                                               21, 1980, Reg;
                                               May 16, 2013,
                                               Susp.
    Independence, City of,            210240  October 10, 1974,   ......do..............   Do.
     Kenton County.                            Emerg; September
                                               17, 1980, Reg;
                                               May 16, 2013,
                                               Susp.
    Kenton County,                    210128  December 26, 1974,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 2,
                                               1981, Reg; May
                                               16, 2013, Susp.

[[Page 25585]]

 
    Ludlow, City of, Kenton           210266  October 29, 1974,   ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               May 16, 2013,
                                               Susp.
    Ryland Heights, City of,          210389  N/A, Emerg;         ......do..............   Do.
     Kenton County.                            September 18,
                                               2001, Reg; May
                                               16, 2013, Susp.
    Taylor Mill, City of,             210246  September 13,       ......do..............   Do.
     Kenton County.                            1974, Emerg;
                                               September 28,
                                               1979, Reg; May
                                               16, 2013, Susp.
    Villa Hills, City of,             210456  N/A, Emerg; May     ......do..............   Do.
     Kenton County.                            22, 2009, Reg;
                                               May 16, 2013,
                                               Susp.
Mississippi:
    Lauderdale County,                280224  May 28, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1989, Reg;
                                               May 16, 2013,
                                               Susp.
    Meridian, City of,                280096  November 19, 1971,  ......do..............   Do.
     Lauderdale County.                        Emerg; December
                                               15, 1977, Reg;
                                               May 16, 2013,
                                               Susp.
 
           Region V
 
Michigan:
    Allendale, Charter                260490  December 30, 1977,  ......do..............   Do.
     Township of, Ottawa                       Emerg; July 5,
     County.                                   1982, Reg; May
                                               16, 2013, Susp.
    Georgetown, Charter               260589  December 16, 1975,  ......do..............   Do.
     Township of, Ottawa                       Emerg; July 18,
     County.                                   1985, Reg; May
                                               16, 2013, Susp.
    Tallmadge, Charter                260494  September 3, 1980,  ......do..............   Do.
     Township of, Ottawa                       Emerg; March 2,
     County.                                   1983, Reg; May
                                               16, 2013, Susp.
Wisconsin:
    Oneida County,                    550579  June 10, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               1991, Reg; May
                                               16, 2013, Susp.
    Rhinelander, City of,             550301  March 25, 1975,     ......do..............   Do.
     Oneida County.                            Emerg; August 5,
                                               1991, Reg; May
                                               16, 2013, Susp.
 
           Region VI
 
Arkansas:
    Greene County,                    050435  N/A, Emerg; July    ......do..............   Do.
     Unincorporated Areas.                     20, 2011, Reg;
                                               May 16, 2013,
                                               Susp.
    Oak Grove Heights, City           050510  N/A, Emerg; July    ......do..............   Do.
     of, Greene County.                        27, 2011, Reg;
                                               May 16, 2013,
                                               Susp.
New Mexico:
    Clovis, City of, Curry            350010  May 1, 1974,        ......do..............   Do.
     County.                                   Emerg; February
                                               4, 1981, Reg; May
                                               16, 2013, Susp.
    Curry County,                     350127  February 11, 2005,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 5,
                                               2010, Reg; May
                                               16, 2013, Susp.
 
          Region VIII
 
Colorado:
    Crested Butte, Town of,           080079  June 13, 1974,      ......do..............   Do.
     Gunnison County.                          Emerg; September
                                               4, 1985, Reg; May
                                               16, 2013, Susp.
    Gunnison, City of,                080080  June 18, 1975,      ......do..............   Do.
     Gunnison County.                          Emerg; April 18,
                                               1983, Reg; May
                                               16, 2013, Susp.
    Gunnison County,                  080078  May 28, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               29, 1989, Reg;
                                               May 16, 2013,
                                               Susp.
    Marble, Town of, Gunnison         080197  January 16, 1976,   ......do..............   Do.
     County.                                   Emerg; October 1,
                                               1990, Reg; May
                                               16, 2013, Susp.
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*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.


    Dated: March 27, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-10348 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-12-P