Suspension of Community Eligibility

Link to law: https://www.federalregister.gov/articles/text/raw_text/201/509/257.txt
Published: 2015-04-21

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 III
Virginia:
Accomack County, Unincorporated Areas
510001
January 10, 1974, Emerg; June 1, 1984, Reg; May 18, 2015, Susp
May 18, 2015
May 18, 2015.
Belle Haven, Town of, Accomack County
510242
N/A, Emerg; February 8, 2001, Reg; May 18, 2015, Susp
......do *
Do.
Chincoteague, Town of, Accomack County
510002
March 4, 1974, Emerg; March 1, 1977, Reg; May 18, 2015, Susp
......do
Do.
Middlesex County, Unincorporated Areas
510098
October 18, 1974, Emerg; January 18, 1989, Reg; May 18, 2015, Susp
......do
Do.
Onancock, Town of, Accomack County
510298
February 17, 1976, Emerg; December 15, 1981, Reg; May 18, 2015, Susp
......do
Do.
Saxis, Town of, Accomack County
510003
March 11, 1976, Emerg; November 17, 1982, Reg; May 18, 2015, Susp
......do
Do.
Tangier, Town of, Accomack County
510004
March 28, 1975, Emerg; October 15, 1982, Reg; May 18, 2015, Susp
......do
Do.
Urbanna, Town of, Middlesex County
510292
May 21, 1975, Emerg; November 3, 1989, Reg; May 18, 2015, Susp
......do
Do.
Wachapreague, Town of, Accomack County
510005
January 28, 1975, Emerg; September 2, 1982, Reg; May 18, 2015, Susp
......do
Do.
Region V
Indiana:
Gentryville, Town of, Spencer County
180394
July 3, 1975, Emerg; September 16, 1988, Reg; May 18, 2015, Susp
......do
Do.
Grandview, Town of, Spencer County
180238
April 14, 1975, Emerg; July 18, 1983, Reg; May 18, 2015, Susp
......do
Do.
Rockport, City of, Spencer County
180239
March 21, 1975, Emerg; July 18, 1983, Reg; May 18, 2015, Susp
......do
Do.
Spencer County, Unincorporated Areas
180237
August 18, 1972, Emerg; May 1, 1978, Reg; May 18, 2015, Susp
......do
Do.
Minnesota:
Breckenridge, City of, Wilkin County
275232
September 4, 1970, Emerg; September 4, 1970, Reg; May 18, 2015, Susp
......do
Do.
Campbell, City of, Wilkin County
270521
March 1, 1976, Emerg; June 8, 1984, Reg; May 18, 2015, Susp
......do
Do.
Doran, City of, Wilkin County
270522
N/A, Emerg; March 5, 2013, Reg; May 18, 2015, Susp
......do
Do.
Wilkin County, Unincorporated Areas
270519
June 6, 1973, Emerg; September 29, 1978, Reg; May 18, 2015, Susp
......do
Do.
Wolverton, City of, Wilkin County
270524
March 22, 2011, Emerg; November 21, 2012, Reg; May 18, 2015, Susp
......do
Do.
Ohio:
Clay Center, Village of, Ottawa County
390875
March 27, 1979, Emerg; June 20, 1980, Reg; May 18, 2015, Susp
......do
Do.
Elmore, Village of, Ottawa County
390610
October 9, 1975, Emerg; April 1, 1982, Reg; May 18, 2015, Susp
......do
Do.
Genoa, Village of, Ottawa County
390612
March 21, 1978, Emerg; May 3, 1982, Reg; May 18, 2015, Susp
......do
Do.
Marblehead, Village of, Ottawa County
390748
May 29, 1979, Emerg; February 1, 1984, Reg; May 18, 2015, Susp
......do
Do.
Oak Harbor, Village of, Ottawa County
390433
April 28, 1977, Emerg; April 1, 1982, Reg; May 18, 2015, Susp
......do
Do.
Ottawa County, Unincorporated Areas
390432
April 25, 1973, Emerg; October 17, 1978, Reg; May 18, 2015, Susp
......do
Do.
Port Clinton, City of, Ottawa County
390434
April 5, 1973, Emerg; September 30, 1977, Reg; May 18, 2015, Susp
......do
Do.
Put-In-Bay, Village of, Ottawa County
390600
July 25, 1973, Emerg; September 30, 1977, Reg; May 18, 2015, Susp
......do
Do.
Region VII
Iowa:
Jones County, Unincorporated Areas
190919
March 21, 1979, Emerg; September 30, 1988, Reg; May 18, 2015, Susp
......do
Do.
Monticello, City of, Jones County
190175
November 27, 1974, Emerg; April 2, 1979, Reg; May 18, 2015, Susp
......do
Do.
Region VIII
Montana:
Big Timber, City of, Sweet Grass County
300106
N/A, Emerg; June 6, 1997, Reg; May 18, 2015, Susp
......do
Do.
Sweet Grass County, Unincorporated Areas
300167
April 4, 1978, Emerg; August 2, 1982, Reg; May 18, 2015, Susp
......do
Do.
Wyoming:
Casper, City of, Natrona County
560037
February 4, 1972, Emerg; September 15, 1977, Reg; May 18, 2015, Susp
......do
Do.
Evansville, Town of, Natrona County
560071
June 2, 1975, Emerg; July 17, 1978, Reg; May 18, 2015, Susp
......do
Do.
Mills, Town of, Natrona County
560076
November 16, 1979, Emerg; December 1, 1986, Reg; May 18, 2015, Susp
......do
Do.
Natrona County, Unincorporated Areas.
560036
June 20, 1973, Emerg; August 15, 1978, Reg; May 18, 2015, Susp
......do
Do.
Region X
Washington:
Ilwaco, City of, Pacific County
530127
April 2, 1974, Emerg; February 1, 1979, Reg; May 18, 2015, Susp
......do
Do.
Long Beach, City of, Pacific County
530128
September 27, 1974, Emerg; August 1, 1979, Reg; May 18, 2015, Susp
......do
Do.
Pacific County, Unincorporated Areas
530126
January 17, 1974, Emerg; January 5, 1978, Reg; May 18, 2015, Susp
......do
Do.
Raymond, City of, Pacific County
530129
April 2, 1974, Emerg; July 16, 1979, Reg; May 18, 2015, Susp
......do
Do.
Shoalwater Bay Indian Tribe, Pacific County
530341
N/A, Emerg; January 4, 2002, Reg; May 18, 2015, Susp
......do
Do.
South Bend, City of, Pacific County
530130
October 16, 1974, Emerg; November 15, 1979, Reg; May 18, 2015, Susp
......do
Do.
*......do =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Dated: April 8, 2013.
Roy E. Wright,
Deputy Associate Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2015-09257 Filed 4-20-15; 8:45 am]
BILLING CODE 9110-12-P
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