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Rule

Suspension of Community Eligibility

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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 Start Printed Page 25586adopted 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.

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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.

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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.

Start List of Subjects

List of Subjects in 44 CFR Part 64

  • Flood insurance
  • Floodplains
End List of Subjects

Accordingly, 44 CFR part 64 is amended as follows:

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PART 64—[AMENDED]

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1. The authority citation for Part 64 continues to read as follows:

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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.

End Authority
[Amended]
Start Amendment Part

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

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain Federal assistance no longer available in SFHAs
Region II
New York:
Albion, Town of, Oswego County361577December 15, 1975, Emerg; April 15, 1986, Reg; June 18, 2013, Susp.June 18, 2013June 18, 2013
Altmar, Village of, Oswego County360646January 12, 1976, Emerg; February 5, 1986, Reg; June 18, 2013, Susp.*......do  Do.
Amboy, Town of, Oswego County361260September 6, 1985, Emerg; March 1, 1988, Reg; June 18, 2013, Susp.......do  Do.
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Central Square, Village of, Oswego County360647July 7, 1975, Emerg; November 20, 1985, Reg; June 18, 2013, Susp.......do  Do.
Cleveland, Village of, Oswego County360998January 13, 1976, Emerg; June 1, 1982, Reg; June 18, 2013, Susp.......do  Do.
Constantia, Town of, Oswego County360648June 26, 1975, Emerg; November 3, 1982, Reg; June 18, 2013, Susp.......do  Do.
Fulton, City of, Oswego County360649November 20, 1974, Emerg; April 15, 1982, Reg; June 18, 2013, Susp.......do  Do.
Granby, Town of, Oswego County360650June 30, 1975, Emerg; September 16, 1982, Reg; June 18, 2013, Susp.......do  Do.
Hannibal, Town of, Oswego County360651September 6, 1985, Emerg; February 1, 1988, Reg; June 18, 2013, Susp.......do  Do.
Hannibal, Village of, Oswego County360652October 29, 1974, Emerg; April 1, 1987, Reg; June 18, 2013, Susp.......do  Do.
Hastings, Town of, Oswego County360653March 10, 1975, Emerg; January 19, 1983, Reg; June 18, 2013, Susp.......do  Do.
Lacona, Village of, Oswego County361350November 25, 1977, Emerg; May 11, 1979, Reg; June 18, 2013, Susp.......do  Do.
Mexico, Town of, Oswego County360654June 30, 1976, Emerg; October 15, 1981, Reg; June 18, 2013, Susp.......do  Do.
Mexico, Village of, Oswego County361460July 30, 1975, Emerg; October 15, 1981, Reg; June 18, 2013, Susp.......do  Do.
Minetto, Town of, Oswego County361261October 24, 1975, Emerg; September 30, 1981, Reg; June 18, 2013, Susp.......do  Do.
New Haven, Town of, Oswego County360655December 23, 1975, Emerg; February 17, 1982, Reg; June 18, 2013, Susp.......do  Do.
Oswego, City of, Oswego County360656April 30, 1973, Emerg; May 16, 1977, Reg; June 18, 2013, Susp.......do  Do.
Oswego, Town of, Oswego County360657December 16, 1976, Emerg; September 30, 1981, Reg; June 18, 2013, Susp.......do  Do.
Parish, Town of, Oswego County361546December 9, 1976, Emerg; April 15, 1986, Reg; June 18, 2013, Susp.......do  Do.
Parish, Village of, Oswego County361575November 18, 1975, Emerg; February 19, 1986, Reg; June 18, 2013, Susp.......do  Do.
Phoenix, Village of, Oswego County360658March 10, 1975, Emerg; February 17, 1982, Reg; June 18, 2013, Susp.......do  Do.
Pulaski, Village of, Oswego County360659June 2, 1975, Emerg; September 2, 1982, Reg; June 18, 2013, Susp.......do  Do.
Redfield, Town of Oswego County361265September 17, 1985, Emerg; April 1, 1991, Reg; June 18, 2013, Susp.......do  Do.
Richland, Town of, Oswego County360660March 21, 1974, Emerg; February 15, 1978, Reg; June 18, 2013, Susp.......do  Do.
Sandy Creek, Town of, Oswego County360661August 18, 1975, Emerg; October 15, 1981, Reg; June 18, 2013, Susp.......do  Do.
Sandy Creek, Village of, Oswego County361358May 31, 1977, Emerg; May 11, 1979, Reg; June 18, 2013, Susp.......do  Do.
Schroeppel, Town of, Oswego County360662June 13, 1975, Emerg; August 2, 1982, Reg; June 18, 2013, Susp.......do  Do.
Scriba, Town of, Oswego County360663September 15, 1975, Emerg; September 16, 1982, Reg; June 18, 2013, Susp.......do  Do.
Volney, Town of, Oswego County361266November 20, 1975, Emerg; April 15, 1982, Reg; June 18, 2013, Susp.......do  Do.
West Monroe, Town of, Oswego County360664October 3, 1975, Emerg; January 20, 1982, Reg; June 18, 2013, Susp.......do  Do.
Region IV
Florida:
Blountstown, City of, Calhoun County120060March 17, 1975, Emerg; May 1, 1980, Reg; June 18, 2013, Susp.......do  Do.
Calhoun County, Unincorporated Areas120403May 14, 1975, Emerg; June 18, 1987, Reg; June 18, 2013, Susp.......do  Do.
Kissimmee, City of, Osceola County120190December 13, 1974, Emerg; July 2, 1981, Reg; June 18, 2013, Susp.......do  Do.
Liberty County, Unincorporated Areas120148May 19, 1978, Emerg; July 16, 1991, Reg; June 18, 2013, Susp.......do  Do.
Osceola County, Unincorporated Areas120189September 4, 1975, Emerg; February 3, 1982, Reg; June 18, 2013, Susp.......do  Do.
Saint Cloud, City of, Osceola County120191April 23, 1975, Emerg; September 17, 1980, Reg; June 18, 2013, Susp.......do  Do.
Kentucky:
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Butler, City of, Pendleton County210188May 3, 1974, Emerg; April 30, 1986, Reg; June 18, 2013, Susp.......do  Do.
Falmouth, City of, Pendleton County210189November 5, 1975, Emerg; July 3, 1986, Reg; June 18, 2013, Susp.......do  Do.
Frankfort, City of, Franklin County210075April 23, 1974, Emerg; July 2, 1981, Reg; June 18, 2013, Susp.......do  Do.
Franklin County, Unincorporated Areas210280January 23, 1976, Emerg; September 30, 1981, Reg; June 18, 2013, Susp.......do  Do.
Pendleton County, Unincorporated Areas210297May 1, 1997, Emerg; August 1, 1999, Reg; June 18, 2013, Susp.......do  Do.
North Carolina:
Edgecombe County, Unincorporated Areas370087August 6, 1975, Emerg; August 3, 1981, Reg; June 18, 2013, Susp.......do  Do.
Enfield, Town of, Halifax County370115August 7, 1975, Emerg; June 25, 1976, Reg; June 18, 2013, Susp.......do  Do.
Halifax County, Unincorporated Areas370327November 22, 1976, Emerg; May 5, 1981, Reg; June 18, 2013, Susp.......do  Do.
Nash County, Unincorporated Areas370278January 10, 1974, Emerg; June 1, 1978, Reg; June 18, 2013, Susp.......do  Do.
Nashville, Town of, Nash County370167July 2, 1975, Emerg; January 17, 1986, Reg; June 18, 2013, Susp.......do  Do.
Red Oak, Town of, Nash County370516N/A, Emerg; January 22, 1999, Reg; June 18, 2013, Susp.......do  Do.
Rocky Mount, City of, Edgecombe and Nash Counties370092January 17, 1974, Emerg; May 1, 1978, Reg; June 18, 2013, Susp.......do  Do.
Sharpsburg, Town of, Edgecombe County370441December 18, 1984, Emerg; July 3, 1990, Reg; June 18, 2013, Susp.......do  Do.
Whitakers, Town of, Edgecombe County370095August 6, 1975, Emerg; April 15, 1980, Reg; June 18, 2013, Susp.......do  Do.
Region V
Wisconsin:
Berlin, City of, Green Lake and Waushara Counties550166September 26, 1973, Emerg; September 30, 1977, Reg; June 18, 2013, Susp.......do  Do.
Waushara County, Unincorporated Areas550540May 19, 1986, Emerg; November 2, 1991, Reg; June 18, 2013, Susp.......do  Do.
Wautoma, City of, Waushara County550506August 20, 1975, Emerg; N/A, Reg; June 18, 2013, Susp.......do  Do.
Wild Rose, Village of, Waushara County550507January 22, 1982, Emerg; September 30, 1988, Reg; June 18, 2013, Susp.......do  Do.
Region VIII
Montana:
Flathead County, Unincorporated Areas300023October 31, 1975, Emerg; September 5, 1984, Reg; June 18, 2013, Susp.......do  Do.
Kalispell, City of, Flathead County300025July 27, 1976, Emerg; September 17, 1980, Reg; June 18, 2013, Susp.......do  Do.
South Dakota:
McCook County, Unincorporated Areas460280June 2, 1989, Emerg; June 8, 1998, Reg; June 18, 2013, Susp.......do  Do.
Montrose, City of, McCook County460052December 16, 1975, Emerg; August 5, 1986, Reg; June 18, 2013, Susp.......do  Do.
Salem, City of, McCook County460053August 7, 1978, Emerg; May 1, 1986, Reg; June 18, 2013, Susp.......do  Do.
Region IX
Nevada:
Reno, City of, Washoe County320020April 25, 1975, Emerg; January 5, 1984, Reg; June 18, 2013, Susp.......do  Do.
Washoe County, Unincorporated Areas320019June 25, 1975, Emerg; August 1, 1984, Reg; June 18, 2013, Susp.......do  Do.
*do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp. —Suspension.
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Dated: April 19, 2013.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2013-10350 Filed 5-1-13; 8:45 am]

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