[Federal Register Volume 78, Number 145 (Monday, July 29, 2013)]
[Rules and Regulations]
[Pages 45462-45464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18135]
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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-8289]
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 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:
[[Page 45463]]
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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 I
Connecticut:
East Lyme, Town of, New 090096 October 23, 1973, Aug. 5, 2013.......... Aug. 5, 2013.
London County. Emerg; June 15,
1981, Reg;
August 5, 2013,
Susp.
Groton, City of, New London 090126 September 18, ......do*............. Do.
County. 1973, Emerg; May
15, 1980, Reg;
August 5, 2013,
Susp.
Groton, Town of, New London 090097 February 18, ......do.............. Do.
County. 1972, Emerg;
April 15, 1977,
Reg; August 5,
2013, Susp.
Groton Long Point 090167 August 20, 1974, ......do.............. Do.
Association, New London Emerg; March 18,
County. 1980, Reg;
August 5, 2013,
Susp.
New London, City of, New 090100 March 24, 1972, ......do.............. Do.
London County. Emerg; May 2,
1977, Reg;
August 5, 2013,
Susp.
Noank Fire District, New 090129 September 25, ......do.............. Do.
London County. 1973, Emerg;
September 17,
1980, Reg;
August 5, 2013,
Susp.
Old Lyme, Town of, New 090103 April 10, 1973, ......do.............. Do.
London County. Emerg; July 16,
1980, Reg;
August 5, 2013,
Susp.
Stonington, Borough of, New 090193 May 4, 1976, ......do.............. Do.
London County. Emerg; November
1, 1979, Reg;
August 5, 2013,
Susp.
Stonington, Town of, New 090106 May 28, 1975, ......do.............. Do.
London County. Emerg; September
30, 1980, Reg;
August 5, 2013,
Susp.
Waterford, Town of, New 090107 August 23, 1974, ......do.............. Do.
London County. Emerg; February
4, 1981, Reg;
August 5, 2013,
Susp.
Region III
Maryland:
Easton, Town of, Talbot 240067 October 9, 1974, ......do.............. Do.
County. Emerg; September
28, 1984, Reg;
August 5, 2013,
Susp.
Oxford, Town of, Talbot 240068 March 27, 1974, ......do.............. Do.
County. Emerg; September
28, 1984, Reg;
August 5, 2013,
Susp.
Saint Michaels, Town of, 240069 February 7, 1975, ......do.............. Do.
Talbot County. Emerg; November
1, 1984, Reg;
August 5, 2013,
Susp.
Talbot County, 240066 September 6, ......do.............. Do.
Unincorporated Areas. 1974, Emerg; May
15, 1985, Reg;
August 5, 2013,
Susp.
Trappe, Town of, Talbot 240108 N/A, Emerg; ......do.............. Do.
County. August 15, 2006,
Reg; August 5,
2013, Susp.
Region IV
Georgia:
Bloomingdale, City of, 130452 October 6, 1975, ......do.............. Do.
Chatham County. Emerg; July 2,
1981, Reg;
August 5, 2013,
Susp.
Chatham County, 130030 September 18, ......do.............. Do.
Unincorporated Areas. 1970, Emerg;
August 1, 1980,
Reg; August 5,
2013, Susp.
Garden City, City of, 135161 October 8, 1971, ......do.............. Do.
Chatham County. Emerg; March 16,
1973, Reg;
August 5, 2013,
Susp.
Pooler, City of, Chatham 130261 November 27, ......do.............. Do.
County. 1974, Emerg;
September 30,
1981, Reg;
August 5, 2013,
Susp.
Port Wentworth, City of, 135162 June 4, 1971, ......do.............. Do.
Chatham County. Emerg; March 16,
1973, Reg;
August 5, 2013,
Susp.
Savannah, City of, Chatham 135163 September 18, ......do.............. Do.
County. 1970, Emerg; May
21, 1971, Reg;
August 5, 2013,
Susp.
Kentucky:
Ashland, City of, Boyd 210017 March 19, 1975, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
August 5, 2013,
Susp.
Boyd County, Unincorporated 210016 December 12, ......do.............. Do.
Areas. 1975, Emerg;
December 2,
1980, Reg;
August 5, 2013,
Susp.
Catlettsburg, City of, Boyd 210018 August 21, 1975, ......do.............. Do.
County. Emerg; January
3, 1979, Reg;
August 5, 2013,
Susp.
Tennessee:
Farragut, Town of, Knox 470387 August 14, 1970, ......do.............. Do.
County. Emerg; July 23,
1971, Reg;
August 5, 2013,
Susp.
Knox County, Unincorporated 475433 August 14, 1970, ......do.............. Do.
Areas.. Emerg; July 23,
1971, Reg;
August 5, 2013,
Susp.
Knoxville, City of, Knox 475434 August 14, 1970, ......do.............. Do.
County. Emerg; April 30,
1971, Reg;
August 5, 2013,
Susp.
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* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.
[[Page 45464]]
Dated: July 8, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-18135 Filed 7-26-13; 8:45 am]
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