Suspension of Community Eligibility

Link to law: https://www.federalregister.gov/articles/text/raw_text/201/510/229.txt
Published: 2015-05-01

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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:
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 Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4133.
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]
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.
§ 64.6
2. The tables published under the authority of § 64.6 are amended as follows:
State and location
Community No.
Effective date authorization/cancellation of sale of flood insurance in community
Current effective map date
Date certain Federal assistance
no longer
available in SFHAs
Region II
New York:
Cairo, Town of, Greene County
360286
October 3, 1975, Emerg; September 6, 1989, Reg; June 2, 2015, Susp.
June 2, 2015
June 2, 2015
Hunter, Town of, Greene County
360292
November 12, 1976, Emerg; February 2, 1983, Reg; June 2, 2015, Susp.
*-do-
Do.
Hunter, Village of, Greene County
360293
October 1, 1976, Emerg; December 1, 1982, Reg; June 2, 2015, Susp.
......do
Do.
Jewett, Town of, Greene County
361114
May 13, 1980, Emerg; April 4, 1983, Reg; June 2, 2015, Susp.
......do
Do.
Lexington, Town of, Greene County
360294
September 12, 1975, Emerg; August 1, 1983, Reg; June 2, 2015, Susp.
......do
Do.
Tannersville, Village of, Greene County
360297
July 15, 1975, Emerg; April 18, 1983, Reg; June 2, 2015, Susp.
......do
Do.
Region III
Virginia:
Prince George County, Unincorporated Areas
510204
May 17, 1974, Emerg; May 1, 1980, Reg; June 2, 2015, Susp.
......do
Do.
Region IV
North Carolina:
Edgecombe County, Unincorporated Areas
370087
August 6, 1975, Emerg; August 3, 1981, Reg; June 2, 2015, Susp.
......do
Do.
Halifax County, Unincorporated Areas
370327
November 22, 1976, Emerg; May 5, 1981, Reg; June 2, 2015, Susp.
......do
Do.
Leggett, Town of, Edgecombe County
370317
March 4, 1997, Emerg; December 20, 1999, Reg; June 2, 2015, Susp.
......do
Do.
Macclesfield, Town of, Edgecombe County
370090
March 25, 1980, Emerg; March 25, 1980, Reg; June 2, 2015, Susp.
......do
Do.
Pinetops, Town of, Edgecombe County
370091
November 7, 1975, Emerg; March 28, 1980, Reg; June 2, 2015, Susp.
......do
Do.
Princeville, Town of, Edgecombe County
370318
August 9, 1976, Emerg; April 15, 1980, Reg; June 2, 2015, Susp.
......do
Do.
Speed, Town of, Edgecombe County
370093
September 4, 1979, Emerg; July 2, 1987, Reg; June 2, 2015, Susp.
......do
Do.
Tarboro, Town of, Edgecombe County
370094
February 15, 1974, Emerg; January 5, 1978, Reg; June 2, 2015, Susp.
......do
Do.
Region V
Indiana:
Andrews, Town of, Huntington County
180097
July 28, 1982, Emerg; September 30, 1982, Reg; June 2, 2015, Susp.
......do
Do.
Huntington, City of, Huntington County
180094
August 8, 1975, Emerg; July 18, 1983, Reg; June 2, 2015, Susp.
......do
Do.
Huntington County, Unincorporated Areas
180438
August 21, 1978, Emerg; July 18, 1983, Reg; June 2, 2015, Susp.
......do
Do.
Markle, Town of, Huntington and Wells Counties
180457
N/A, Emerg; November 7, 1991, Reg; June 2, 2015, Susp.
......do
Do.
Roanoke, Town of, Huntington County
180096
July 28, 1982, Emerg; December 1, 1982, Reg; June 2, 2015, Susp.
......do
Do.
Warren, Town of, Huntington County
180095
February 19, 1975, Emerg; September 30, 1982, Reg; June 2, 2015, Susp.
......do
Do.
Region VI
Oklahoma:
Kiowa, Town of, Pittsburg County
400168
N/A, Emerg; May 11, 2012, Reg; June 2, 2015, Susp.
......do
Do.
Pittsburg County, Unincorporated Areas
400494
November 26, 2002, Emerg; November 1, 2007, Reg; June 2, 2015, Susp.
......do
Do.
Region VIII
Utah:
Ogden, City of, Weber County
490189
December 27, 1974, Emerg; January 19, 1983, Reg; June 2, 2015, Susp.
......do
Do.
Riverdale, City of, Weber County
490190
October 4, 1974, Emerg; February 3, 1982, Reg; June 2, 2015, Susp.
......do
Do.
Roy, City of, Weber County
490223
January 16, 1976, Emerg; October 24, 1978, Reg; June 2, 2015, Susp.
......do
Do.
South Ogden, City of, Weber County
490191
August 2, 1974, Emerg; March 1, 1982, Reg; June 2, 2015, Susp.
......do
Do.
Uintah, City of, Weber County
490192
April 30, 1974, Emerg; May 19, 1981, Reg; June 2, 2015, Susp.
......do
Do.
Weber County, Unincorporated Areas
490187
March 25, 1975, Emerg; July 19, 1982, Reg; June 2, 2015, Susp.
......do
Do.
*-do- =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: April 27, 2015.
Roy E. Wright,
Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2015-10229 Filed 4-30-15; 8:45 am]
BILLING CODE 9110-12-P