[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5736-5738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01624]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2012-0003; Internal Agency Docket No. FEMA-8269]


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 Date: 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

[[Page 5737]]

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 II
 
New York:
    Brewster, Village of,             360668  March 21, 1975,     Mar. 4, 2013..........  Mar. 4, 2013.
     Putnam County.                            Emerg; September
                                               18, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
    Carmel, Town of, Putnam           360669  March 21, 1975,     ......*do.............   Do.
     County.                                   Emerg; June 18,
                                               1987, Reg; March
                                               4, 2013, Susp.
    Cold Spring, Village of,          360670  August 19, 1975,    ......do..............   Do.
     Putnam County.                            Emerg; March 15,
                                               1984, Reg; March
                                               4, 2013, Susp.
    Kent, Town of, Putnam             360671  March 21, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
    Nelsonville, Village of,          361019  May 3, 1983,        ......do..............   Do.
     Putnam County.                            Emerg; September
                                               10, 1984, Reg;
                                               March 4, 2013,
                                               Susp.
    Patterson, Town of, Putnam        361023  March 21, 1975,     ......do..............   Do.
     County.                                   Emerg; July 3,
                                               1986, Reg; March
                                               4, 2013, Susp.
    Philipstown, Town of,             361026  March 21, 1975,     ......do..............   Do.
     Putnam County.                            Emerg; June 18,
                                               1987, Reg; March
                                               4, 2013, Susp.
    Putnam Valley, Town of,           361030  July 31, 1975,      ......do..............   Do.
     Putnam County.                            Emerg; September
                                               4, 1987, Reg;
                                               March 4, 2013,
                                               Susp.
    Southeast, Town of, Putnam        361041  August 12, 1975,    ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
 
           Region IV
 
Georgia:
    Berkeley Lake, City of,           130450  July 15, 1975,      ......do..............   Do.
     Gwinnett County.                          Emerg; December
                                               18, 1984, Reg;
                                               March 4, 2013,
                                               Susp.

[[Page 5738]]

 
    Braselton, Town of,               130343  August 12, 1991,    ......do..............   Do.
     Barrow, Gwinnett and Hall                 Emerg; September
     Counties.                                 29, 2006, Reg;
                                               March 4, 2013,
                                               Susp.
    Buford, City of, Gwinnett         130323  N/A, Emerg; May     ......do..............   Do.
     and Hall Counties.                        22, 1995, Reg;
                                               March 4, 2013,
                                               Susp.
    Cumming, City of, Forsyth         130236  July 23, 1975,      ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1986, Reg; March
                                               4, 2013, Susp.
    Douglas County,                   130306  January 31, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 2,
                                               1980, Reg; March
                                               4, 2013, Susp.
    Douglasville, City of,            130305  August 22, 1979,    ......do..............   Do.
     Douglas County.                           Emerg; June 25,
                                               1982, Reg; March
                                               4, 2013, Susp.
    Duluth, City of, Gwinnett         130098  December 17, 1975,  ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1981, Reg; March
                                               4, 2013, Susp.
    Forsyth County,                   130312  April 12, 1977,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 4,
                                               1989, Reg; March
                                               4, 2013, Susp.
    Gwinnett County,                  130322  April 9, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 15,
                                               1981, Reg; March
                                               4, 2013, Susp.
    Norcross, City of,                130101  October 24, 1974,   ......do..............   Do.
     Gwinnett County.                          Emerg; May 1,
                                               1980, Reg; March
                                               4, 2013, Susp.
    Sugar Hill, City of,              130474  September 30,       ......do..............   Do.
     Gwinnett County.                          1998, Emerg;
                                               September 29,
                                               2006, Reg; March
                                               4, 2013, Susp.
    Suwanee, City of, Gwinnett        130328  September 22,       ......do..............   Do.
     County.                                   1980, Emerg; June
                                               1, 1981, Reg;
                                               March 4, 2013,
                                               Susp.
 
           Region V
 
Indiana:
    Farmland, Town of,                180390  April 22, 1977,     ......do..............   Do.
     Randolph County.                          Emerg; July 3,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Parker City, Town of,             180391  April 20, 1976,     ......do..............   Do.
     Randolph County.                          Emerg; January 3,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Randolph County,                  180429  January 16, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 1,
                                               1987, Reg; March
                                               4, 2013, Susp.
    Ridgeville, Town of,              180341  August 20, 1975,    ......do..............   Do.
     Randolph County.                          Emerg; July 18,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Union City, City of,              180219  May 5, 1975,        ......do..............   Do.
     Randolph County.                          Emerg; September
                                               29, 1986, Reg;
                                               March 4, 2013,
                                               Susp.
    Winchester, City of,              180220  March 10, 1975,     ......do..............   Do.
     Randolph County.                          Emerg; September
                                               4, 1985, Reg;
                                               March 4, 2013,
                                               Susp.
Minnesota:
    Foreston, City of, Mille          270287  September 16,       ......do..............   Do.
     Lacs County.                              1975, Emerg;
                                               September 27,
                                               1985, Reg; March
                                               4, 2013, Susp.
    Isle, City of, Mille Lacs         270288  May 16, 1974,       ......do..............   Do.
     County.                                   Emerg; November
                                               1, 1979, Reg;
                                               March 4, 2013,
                                               Susp.
    Milaca, City of, Mille            270289  May 9, 1974,        ......do..............   Do.
     Lacs County.                              Emerg; May 5,
                                               1981, Reg; March
                                               4, 2013, Susp.
    Mille Lacs County,                270624  April 15, 1974,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               27, 1985, Reg;
                                               March 4, 2013,
                                               Susp.
    Onamia, City of, Mille            270290  November 21, 1974,  ......do..............   Do.
     Lacs County.                              Emerg; September
                                               18, 1985, Reg;
                                               March 4, 2013,
                                               Susp.
    Princeton, City of, Mille         270292  July 2, 1974,       ......do..............   Do.
     Lacs County.                              Emerg; June 15,
                                               1981, Reg; March
                                               4, 2013, Susp.
----------------------------------------------------------------------------------------------------------------
* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: January 15, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-01624 Filed 1-25-13; 8:45 am]
BILLING CODE 9110-12-P