
[Federal Register Volume 78, Number 85 (Thursday, May 2, 2013)]
[Rules and Regulations]
[Pages 25585-25589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10350]


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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-8283]


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

[[Page 25586]]

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:

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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 II
New York:
    Albion, Town of, Oswego           361577  December 15, 1975,  June 18, 2013.........  June 18, 2013
     County.                                   Emerg; April 15,
                                               1986, Reg; June
                                               18, 2013, Susp.
    Altmar, Village of, Oswego        360646  January 12, 1976,   *......do.............   Do.
     County.                                   Emerg; February
                                               5, 1986, Reg;
                                               June 18, 2013,
                                               Susp.
    Amboy, Town of, Oswego            361260  September 6, 1985,  ......do..............   Do.
     County.                                   Emerg; March 1,
                                               1988, Reg; June
                                               18, 2013, Susp.

[[Page 25587]]

 
    Central Square, Village           360647  July 7, 1975,       ......do..............   Do.
     of, Oswego County.                        Emerg; November
                                               20, 1985, Reg;
                                               June 18, 2013,
                                               Susp.
    Cleveland, Village of,            360998  January 13, 1976,   ......do..............   Do.
     Oswego County.                            Emerg; June 1,
                                               1982, Reg; June
                                               18, 2013, Susp.
    Constantia, Town of,              360648  June 26, 1975,      ......do..............   Do.
     Oswego County.                            Emerg; November
                                               3, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
    Fulton, City of, Oswego           360649  November 20, 1974,  ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1982, Reg; June
                                               18, 2013, Susp.
    Granby, Town of, Oswego           360650  June 30, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
    Hannibal, Town of, Oswego         360651  September 6, 1985,  ......do..............   Do.
     County.                                   Emerg; February
                                               1, 1988, Reg;
                                               June 18, 2013,
                                               Susp.
    Hannibal, Village of,             360652  October 29, 1974,   ......do..............   Do.
     Oswego County.                            Emerg; April 1,
                                               1987, Reg; June
                                               18, 2013, Susp.
    Hastings, Town of, Oswego         360653  March 10, 1975,     ......do..............   Do.
     County.                                   Emerg; January
                                               19, 1983, Reg;
                                               June 18, 2013,
                                               Susp.
    Lacona, Village of, Oswego        361350  November 25, 1977,  ......do..............   Do.
     County.                                   Emerg; May 11,
                                               1979, Reg; June
                                               18, 2013, Susp.
    Mexico, Town of, Oswego           360654  June 30, 1976,      ......do..............   Do.
     County.                                   Emerg; October
                                               15, 1981, Reg;
                                               June 18, 2013,
                                               Susp.
    Mexico, Village of, Oswego        361460  July 30, 1975,      ......do..............   Do.
     County.                                   Emerg; October
                                               15, 1981, Reg;
                                               June 18, 2013,
                                               Susp.
    Minetto, Town of, Oswego          361261  October 24, 1975,   ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1981, Reg;
                                               June 18, 2013,
                                               Susp.
    New Haven, Town of, Oswego        360655  December 23, 1975,  ......do..............   Do.
     County.                                   Emerg; February
                                               17, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
    Oswego, City of, Oswego           360656  April 30, 1973,     ......do..............   Do.
     County.                                   Emerg; May 16,
                                               1977, Reg; June
                                               18, 2013, Susp.
    Oswego, Town of, Oswego           360657  December 16, 1976,  ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1981, Reg;
                                               June 18, 2013,
                                               Susp.
    Parish, Town of, Oswego           361546  December 9, 1976,   ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1986, Reg; June
                                               18, 2013, Susp.
    Parish, Village of, Oswego        361575  November 18, 1975,  ......do..............   Do.
     County.                                   Emerg; February
                                               19, 1986, Reg;
                                               June 18, 2013,
                                               Susp.
    Phoenix, Village of,              360658  March 10, 1975,     ......do..............   Do.
     Oswego County.                            Emerg; February
                                               17, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
    Pulaski, Village of,              360659  June 2, 1975,       ......do..............   Do.
     Oswego County.                            Emerg; September
                                               2, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
    Redfield, Town of Oswego          361265  September 17,       ......do..............   Do.
     County.                                   1985, Emerg;
                                               April 1, 1991,
                                               Reg; June 18,
                                               2013, Susp.
    Richland, Town of, Oswego         360660  March 21, 1974,     ......do..............   Do.
     County.                                   Emerg; February
                                               15, 1978, Reg;
                                               June 18, 2013,
                                               Susp.
    Sandy Creek, Town of,             360661  August 18, 1975,    ......do..............   Do.
     Oswego County.                            Emerg; October
                                               15, 1981, Reg;
                                               June 18, 2013,
                                               Susp.
    Sandy Creek, Village of,          361358  May 31, 1977,       ......do..............   Do.
     Oswego County.                            Emerg; May 11,
                                               1979, Reg; June
                                               18, 2013, Susp.
    Schroeppel, Town of,              360662  June 13, 1975,      ......do..............   Do.
     Oswego County.                            Emerg; August 2,
                                               1982, Reg; June
                                               18, 2013, Susp.
    Scriba, Town of, Oswego           360663  September 15,       ......do..............   Do.
     County.                                   1975, Emerg;
                                               September 16,
                                               1982, Reg; June
                                               18, 2013, Susp.
    Volney, Town of, Oswego           361266  November 20, 1975,  ......do..............   Do.
     County.                                   Emerg; April 15,
                                               1982, Reg; June
                                               18, 2013, Susp.
    West Monroe, Town of,             360664  October 3, 1975,    ......do..............   Do.
     Oswego County.                            Emerg; January
                                               20, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
 
           Region IV
 
Florida:
    Blountstown, City of,             120060  March 17, 1975,     ......do..............   Do.
     Calhoun County.                           Emerg; May 1,
                                               1980, Reg; June
                                               18, 2013, Susp.
    Calhoun County,                   120403  May 14, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 18,
                                               1987, Reg; June
                                               18, 2013, Susp.
    Kissimmee, City of,               120190  December 13, 1974,  ......do..............   Do.
     Osceola County.                           Emerg; July 2,
                                               1981, Reg; June
                                               18, 2013, Susp.
    Liberty County,                   120148  May 19, 1978,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 16,
                                               1991, Reg; June
                                               18, 2013, Susp.
    Osceola County,                   120189  September 4, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; February
                                               3, 1982, Reg;
                                               June 18, 2013,
                                               Susp.
    Saint Cloud, City of,             120191  April 23, 1975,     ......do..............   Do.
     Osceola County.                           Emerg; September
                                               17, 1980, Reg;
                                               June 18, 2013,
                                               Susp.
Kentucky:

[[Page 25588]]

 
    Butler, City of, Pendleton        210188  May 3, 1974,        ......do..............   Do.
     County.                                   Emerg; April 30,
                                               1986, Reg; June
                                               18, 2013, Susp.
    Falmouth, City of,                210189  November 5, 1975,   ......do..............   Do.
     Pendleton County.                         Emerg; July 3,
                                               1986, Reg; June
                                               18, 2013, Susp.
    Frankfort, City of,               210075  April 23, 1974,     ......do..............   Do.
     Franklin County.                          Emerg; July 2,
                                               1981, Reg; June
                                               18, 2013, Susp.
    Franklin County,                  210280  January 23, 1976,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               30, 1981, Reg;
                                               June 18, 2013,
                                               Susp.
    Pendleton County,                 210297  May 1, 1997,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 1,
                                               1999, Reg; June
                                               18, 2013, Susp.
North Carolina:
    Edgecombe County,                 370087  August 6, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 3,
                                               1981, Reg; June
                                               18, 2013, Susp.
    Enfield, Town of, Halifax         370115  August 7, 1975,     ......do..............   Do.
     County.                                   Emerg; June 25,
                                               1976, Reg; June
                                               18, 2013, Susp.
    Halifax County,                   370327  November 22, 1976,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 5,
                                               1981, Reg; June
                                               18, 2013, Susp.
    Nash County,                      370278  January 10, 1974,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 1,
                                               1978, Reg; June
                                               18, 2013, Susp.
    Nashville, Town of, Nash          370167  July 2, 1975,       ......do..............   Do.
     County.                                   Emerg; January
                                               17, 1986, Reg;
                                               June 18, 2013,
                                               Susp.
    Red Oak, Town of, Nash            370516  N/A, Emerg;         ......do..............   Do.
     County.                                   January 22, 1999,
                                               Reg; June 18,
                                               2013, Susp.
    Rocky Mount, City of,             370092  January 17, 1974,   ......do..............   Do.
     Edgecombe and Nash                        Emerg; May 1,
     Counties.                                 1978, Reg; June
                                               18, 2013, Susp.
    Sharpsburg, Town of,              370441  December 18, 1984,  ......do..............   Do.
     Edgecombe County.                         Emerg; July 3,
                                               1990, Reg; June
                                               18, 2013, Susp.
    Whitakers, Town of,               370095  August 6, 1975,     ......do..............   Do.
     Edgecombe County.                         Emerg; April 15,
                                               1980, Reg; June
                                               18, 2013, Susp.
 
           Region V
 
Wisconsin:
    Berlin, City of, Green            550166  September 26,       ......do..............   Do.
     Lake and Waushara                         1973, Emerg;
     Counties.                                 September 30,
                                               1977, Reg; June
                                               18, 2013, Susp.
    Waushara County,                  550540  May 19, 1986,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               2, 1991, Reg;
                                               June 18, 2013,
                                               Susp.
    Wautoma, City of, Waushara        550506  August 20, 1975,    ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               June 18, 2013,
                                               Susp.
    Wild Rose, Village of,            550507  January 22, 1982,   ......do..............   Do.
     Waushara County.                          Emerg; September
                                               30, 1988, Reg;
                                               June 18, 2013,
                                               Susp.
 
          Region VIII
 
Montana:
    Flathead County,                  300023  October 31, 1975,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               5, 1984, Reg;
                                               June 18, 2013,
                                               Susp.
    Kalispell, City of,               300025  July 27, 1976,      ......do..............   Do.
     Flathead County.                          Emerg; September
                                               17, 1980, Reg;
                                               June 18, 2013,
                                               Susp.
South Dakota:
    McCook County,                    460280  June 2, 1989,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 8,
                                               1998, Reg; June
                                               18, 2013, Susp.
    Montrose, City of, McCook         460052  December 16, 1975,  ......do..............   Do.
     County.                                   Emerg; August 5,
                                               1986, Reg; June
                                               18, 2013, Susp.
    Salem, City of, McCook            460053  August 7, 1978,     ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1986, Reg; June
                                               18, 2013, Susp.
 
           Region IX
 
Nevada:
    Reno, City of, Washoe             320020  April 25, 1975,     ......do..............   Do.
     County.                                   Emerg; January 5,
                                               1984, Reg; June
                                               18, 2013, Susp.
    Washoe County,                    320019  June 25, 1975,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 1,
                                               1984, Reg; June
                                               18, 2013, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp. --Suspension.



[[Page 25589]]

    Dated: April 19, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-10350 Filed 5-1-13; 8:45 am]
BILLING CODE 9110-12-P


