[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65212-65214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25520]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2013-0002; [Internal Agency Docket No. FEMA-8303]
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
[[Page 65213]]
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:
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Region III
Maryland:
Howard County, 240044 October 22, 1971, Nov. 6, 2013.......... Nov. 6, 2013.
Unincorporated Areas. Emerg; March 15,
1977, Reg;
November 6, 2013,
Susp
West Virginia:
Parkersburg, City of, Wood 540214 July 1, 1974, ......* do............ Do.
County. Emerg; September
4, 1986, Reg;
November 6, 2013,
Susp
Vienna, City of, Wood 540215 June 12, 1975, ......do.............. Do.
County. Emerg; December
18, 1985, Reg;
November 6, 2013,
Susp
Wood County, 540213 February 16, 1977, ......do.............. Do.
Unincorporated Areas. Emerg; March 4,
1985, Reg;
November 6, 2013,
Susp
Region IV
Florida:
Arcadia, City of, DeSoto 120073 August 12, 1975, ......do.............. Do.
County. Emerg; June 3,
1988, Reg;
November 6, 2013,
Susp
Bowling Green, City of, 120104 December 2, 1974, ......do.............. Do.
Hardee County. Emerg; May 4,
1988, Reg;
November 6, 2013,
Susp
DeSoto County, 120072 August 26, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; June 3,
1988, Reg;
November 6, 2013,
Susp
Hardee County, 120103 April 1, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; May 4,
1988, Reg;
November 6, 2013,
Susp
[[Page 65214]]
Wauchula, City of, Hardee 120105 July 28, 1975, ......do.............. Do.
County. Emerg; June 25,
1976, Reg;
November 6, 2013,
Susp
Zolfo Springs, Town of, 120106 July 2, 1975, ......do.............. Do.
Hardee County. Emerg; May 4,
1988, Reg;
November 6, 2013,
Susp
Region V
Indiana:
LaPorte, City of, LaPorte 180490 April 28, 1983, ......do.............. Do.
County. Emerg; April 1,
1993, Reg;
November 6, 2013,
Susp
LaPorte County, 180144 January 15, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; January 1,
1987, Reg;
November 6, 2013,
Susp
Long Beach, Town of, 185177 October 8, 1971, ......do.............. Do.
LaPorte County. Emerg; March 23,
1973, Reg;
November 6, 2013,
Susp
Michiana Shores, Town of, 180505 N/A, Emerg; ......do.............. Do.
LaPorte County. November 12,
1991, Reg;
November 6, 2013,
Susp
Michigan City, City of, 180147 March 20, 1975, ......do.............. Do.
LaPorte County. Emerg; August 17,
1981, Reg;
November 6, 2013,
Susp
Region VI
Louisiana:
Iberville Parish, 220083 April 20, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; June 1,
1978, Reg;
November 6, 2013,
Susp
Maringouin, Town of, 220085 April 23, 1973, ......do.............. Do.
Iberville Parish. Emerg; September
1, 1981, Reg;
November 6, 2013,
Susp
Plaquemine, City of, 220086 April 23, 1973, ......do.............. Do.
Iberville Parish. Emerg; August 26,
1977, Reg;
November 6, 2013,
Susp
Saint Gabriel, City of, 220402 N/A, Emerg; July ......do.............. Do.
Iberville Parish. 12, 2001, Reg;
November 6, 2013,
Susp
White Castle, Town of, 220088 April 23, 1973, ......do.............. Do.
Iberville Parish. Emerg; December
16, 1977, Reg;
November 6, 2013,
Susp
Region VIII
Montana:
Billings, City of, 300085 January 15, 1974, ......do.............. Do.
Yellowstone County. Emerg; January 2,
1981, Reg;
November 6, 2013,
Susp
Laurel, City of, 300086 March 19, 1975, ......do.............. Do.
Yellowstone County. Emerg; January 6,
1983, Reg;
November 6, 2013,
Susp
Yellowstone County, 300142 July 28, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; November
18, 1981, Reg;
November 6, 2013,
Susp
Region X
Alaska:
Homer, City of, Kenai 020107 N/A, Emerg; June ......do.............. Do.
Peninsula Borough. 2, 2003, Reg;
November 6, 2013,
Susp
----------------------------------------------------------------------------------------------------------------
*-do- =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: September 20, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2013-25520 Filed 10-30-13; 8:45 am]
BILLING CODE 9110-12-P