[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57523-57525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22836]


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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-8301]


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.

[[Page 57524]]

    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
----------------------------------------------------------------------------------------------------------------
           Region I
 
Connecticut:
    Ansonia, City of, New             090071  November 2, 1974,   Oct. 16, 2013.........  Oct. 16, 2013.
     Haven County.                             Emerg; September
                                               2, 1981, Reg;
                                               October 16, 2013,
                                               Susp.
    Derby, City of, New Haven         090075  February 4, 1972,   ......do*.............   Do.
     County.                                   Emerg; September
                                               15, 1977, Reg;
                                               October 16, 2013,
                                               Susp.
    Seymour, Town of, New             090088  December 18, 1974,  ......do..............   Do.
     Haven County.                             Emerg; July 3,
                                               1978, Reg;
                                               October 16, 2013,
                                               Susp.
    Wilton, Town of, Fairfield        090020  July 31, 1974,      ......do..............   Do.
     County.                                   Emerg; November
                                               17, 1982, Reg;
                                               October 16, 2013,
                                               Susp.
Rhode Island:
    Charlestown, Town of,             445395  October 30, 1970,   ......do..............   Do.
     Washington County.                        Emerg; July 13,
                                               1972, Reg;
                                               October 16, 2013,
                                               Susp.
    Narragansett, Town of,            445402  September 18,       ......do..............   Do.
     Washington County.                        1970, Emerg;
                                               December 3, 1971,
                                               Reg; October 16,
                                               2013, Susp.
    New Shoreham, Town of,            440036  October 16, 1975,   ......do..............   Do.
     Washington County.                        Emerg; April 3,
                                               1985, Reg;
                                               October 16, 2013,
                                               Susp.
    North Kingstown, Town of,         445404  September 18,       ......do..............   Do.
     Washington County.                        1970, Emerg; July
                                               14, 1972, Reg;
                                               October 16, 2013,
                                               Susp.
    South Kingstown, Town of,         445407  September 11,       ......do..............   Do.
     Washington County.                        1970, Emerg; June
                                               23, 1972, Reg;
                                               October 16, 2013,
                                               Susp.
    Westerly, Town of,                445410  August 14, 1970,    ......do..............   Do.
     Washington County.                        Emerg; July 28,
                                               1972, Reg;
                                               October 16, 2013,
                                               Susp.
 
          Region III
 
West Virginia:
    Hamlin, Town of, Lincoln          540089  May 27, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               4, 1987, Reg;
                                               October 16, 2013,
                                               Susp.
    Lincoln County,                   540088  May 24, 1976,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               18, 1987, Reg;
                                               October 16, 2013,
                                               Susp.
    West Hamlin, Town of,             540090  June 26, 1975,      ......do..............   Do.
     Lincoln County.                           Emerg; September
                                               4, 1987, Reg;
                                               October 16, 2013,
                                               Susp.
 
           Region IV
 
Kentucky:
    Central City, City of,            210175  September 10,       ......do..............   Do.
     Muhlenberg County.                        1975, Emerg;
                                               August 5, 1986,
                                               Reg; October 16,
                                               2013, Susp.
    Greenville, City of,              210176  May 30, 1975,       ......do..............   Do.
     Muhlenberg County.                        Emerg; August 19,
                                               1986, Reg;
                                               October 16, 2013,
                                               Susp.
    Muhlenberg County,                210293  N/A, Emerg; August  ......do..............   Do.
     Unincorporated Areas.                     12, 2002, Reg;
                                               October 16, 2013,
                                               Susp.
Mississippi:
    Guntown, Town of, Lee             280345  N/A, Emerg; August  ......do..............   Do.
     County.                                   28, 2007, Reg;
                                               October 16, 2013,
                                               Susp.

[[Page 57525]]

 
    Lee County, Unincorporated        280227  February 7, 1978,   ......do..............   Do.
     Areas.                                    Emerg; March 5,
                                               1990, Reg;
                                               October 16, 2013,
                                               Susp.
    Saltillo, City of, Lee            280261  April 24, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1987, Reg;
                                               October 16, 2013,
                                               Susp.
    Shannon, Town of, Lee             280343  N/A, Emerg;         ......do..............   Do.
     County.                                   February 26,
                                               2009, Reg;
                                               October 16, 2013,
                                               Susp.
    Tupelo, City of, Lee              280100  March 4, 1974,      ......do..............   Do.
     County.                                   Emerg; April 3,
                                               1978, Reg;
                                               October 16, 2013,
                                               Susp.
    Verona, Town of, Lee              280262  May 6, 1975,        ......do..............   Do.
     County.                                   Emerg; June 4,
                                               1987, Reg;
                                               October 16, 2013,
                                               Susp.
 
           Region V
 
Indiana:
    Decatur County,                   180430  February 10, 1976,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               16, 1983, Reg;
                                               October 16, 2013,
                                               Susp.
    Greensburg, City of,              180043  February 28, 1975,  ......do..............   Do.
     Decatur County.                           Emerg; September
                                               30, 1983, Reg;
                                               October 16, 2013,
                                               Susp.
    Saint Paul, Town of,              180399  September 25,       ......do..............   Do.
     Decatur and Shelby                        1975, Emerg;
     Counties.                                 January 17, 1985,
                                               Reg; October 16,
                                               2013, Susp.
    Westport, Town of, Decatur        180517  January 24, 2000,   ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               October 16, 2013,
                                               Susp.
 
           Region IX
 
Arizona:
    Buckeye, Town of, Maricopa        040039  December 17, 1974,  ......do..............   Do.
     County.                                   Emerg; February
                                               15, 1980, Reg;
                                               October 16, 2013,
                                               Susp.
    Cave Creek, Town of,              040129  June 9, 1988,       ......do..............   Do.
     Maricopa County.                          Emerg; June 9,
                                               1988, Reg;
                                               October 16, 2013,
                                               Susp.
    Chandler, City of,                040040  May 16, 1975,       ......do..............   Do.
     Maricopa County.                          Emerg; July 16,
                                               1980, Reg;
                                               October 16, 2013,
                                               Susp.
    El Mirage, City of,               040041  August 8, 1975,     ......do..............   Do.
     Maricopa County.                          Emerg; December
                                               1, 1978, Reg;
                                               October 16, 2013,
                                               Susp.
    Gilbert, Town of, Maricopa        040044  June 10, 1975,      ......do..............   Do.
     County.                                   Emerg; January
                                               16, 1980, Reg;
                                               October 16, 2013,
                                               Susp.
    Glendale, City of,                040045  March 20, 1975,     ......do..............   Do.
     Maricopa County.                          Emerg; April 16,
                                               1979, Reg;
                                               October 16, 2013,
                                               Susp.
    Peoria, City of, Maricopa         040050  June 18, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               17, 1978, Reg;
                                               October 16, 2013,
                                               Susp.
    Tempe, City of, Maricopa          040054  November 18, 1974,  ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1980, Reg;
                                               October 16, 2013,
                                               Susp.
    Wickenburg, Town of,              040056  January 16, 1974,   ......do..............   Do.
     Maricopa County.                          Emerg; January 5,
                                               1978, Reg;
                                               October 16, 2013,
                                               Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: September 4, 2013.
David L. Miller
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-22836 Filed 9-18-13; 8:45 am]
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