Suspension of Community Eligibility

Federal Register, Volume 79 Issue 190 (Wednesday, October 1, 2014)

Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)

Rules and Regulations

Pages 59127-59130

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-23370

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-8353

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

Page 59128

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.

aAccordingly, 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 III

    Maryland:

    Centreville, Town of, 240056 August 6, 1975, Nov. 5, 2014.......... Nov. 5, 2014.

    Queen Anne's County. Emerg; September

    27, 1985, Reg;

    November 5, 2014,

    Susp.

    Church Hill, Town of, 240057 August 20, 1975, ......do.............. Do.

    Queen Anne's County. Emerg; June 3,

    1986, Reg;

    November 5, 2014,

    Susp.

    Queen Anne, Town of, Queen 240059 October 12, 1979, ......do.............. Do.

    Anne's County. Emerg; December

    5, 2000, Reg;

    November 5, 2014,

    Susp.

    Queen Anne's County, 240054 January 15, 1974, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    28, 1984, Reg;

    November 5, 2014,

    Susp.

    Queenstown, Town of, Queen 240120 May 1, 1975, ......do.............. Do.

    Anne's County. Emerg; September

    28, 1984, Reg;

    November 5, 2014,

    Susp.

    Region V

    Indiana:

    Edinburgh, Town of, Shelby 180113 February 13, 1975, ......do.............. Do.

    County. Emerg; September

    16, 1981, Reg;

    November 5, 2014,

    Susp.

    Gibson County, 180434 December 5, 2002, ......do.............. Do.

    Unincorporated Areas. Emerg; N/A, Reg;

    November 5, 2014,

    Susp.

    Griffin, Town of, Posey 180305 May 23, 1975, ......do.............. Do.

    County. Emerg; February

    11, 1976, Reg;

    November 5, 2014,

    Susp.

    Morristown, Town of, 180393 April 1, 1976, ......do.............. Do.

    Shelby County. Emerg; July 21,

    1978, Reg;

    November 5, 2014,

    Susp.

    Mount Vernon, City of, 180389 January 31, 1975, ......do.............. Do.

    Posey County. Emerg; January

    18, 1984, Reg;

    November 5, 2014,

    Susp.

    New Harmony, Town of, 180210 April 14, 1975, ......do.............. Do.

    Posey County. Emerg; July 1,

    1987, Reg;

    November 5, 2014,

    Susp.

    Posey County, 180209 May 8, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; January 1,

    1987, Reg;

    November 5, 2014,

    Susp.

    Princeton, City of, Gibson 180073 March 19, 1975, ......do.............. Do.

    County. Emerg; January

    21, 1983, Reg;

    November 5, 2014,

    Susp.

    Shelby County, 180235 March 13, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; October

    15, 1982, Reg;

    November 5, 2014,

    Susp.

    Shelbyville, City of, 180236 April 14, 1975, ......do.............. Do.

    Shelby County. Emerg; April 1,

    1982, Reg;

    November 5, 2014,

    Susp.

    Wisconsin:

    Page 59129

    Big Bend, Village of, 550477 August 19, 1974, ......do.............. Do.

    Waukesha County. Emerg; March 1,

    1984, Reg;

    November 5, 2014,

    Susp.

    Brookfield, City of, 550478 February 23, 1972, ......do.............. Do.

    Waukesha County. Emerg; August 19,

    1986, Reg;

    November 5, 2014,

    Susp.

    Butler, Village of, 550536 March 7, 1974, ......do.............. Do.

    Waukesha County. Emerg; May 15,

    1978, Reg;

    November 5, 2014,

    Susp.

    Delafield, City of, 550479 July 15, 1975, ......do.............. Do.

    Waukesha County. Emerg; August 15,

    1983, Reg;

    November 5, 2014,

    Susp.

    Dousman, Village of, 550480 June 30, 1975, ......do.............. Do.

    Waukesha County. Emerg; April 17,

    1987, Reg;

    November 5, 2014,

    Susp.

    Elm Grove, Village of, 550578 May 1, 1975, ......do.............. Do.

    Waukesha County. Emerg; July 19,

    1982, Reg;

    November 5, 2014,

    Susp.

    Hartland, Village of, 550481 July 25, 1975, ......do.............. Do.

    Waukesha County. Emerg; December

    1, 1982, Reg;

    November 5, 2014,

    Susp.

    Lac La Belle, Village of, 550565 May 25, 1976, ......do.............. Do.

    Waukesha County. Emerg; January

    18, 1984, Reg;

    November 5, 2014,

    Susp.

    Lannon, Village of, 550482 July 18, 1975, ......do.............. Do.

    Waukesha County. Emerg; December

    1, 1982, Reg;

    November 5, 2014,

    Susp.

    Menomonee Falls, Village 550483 November 12, 1973, ......do.............. Do.

    of, Waukesha County. Emerg; September

    15, 1978, Reg;

    November 5, 2014,

    Susp.

    Merton, Village of, 550484 July 21, 1975, ......do.............. Do.

    Waukesha County. Emerg; August 3,

    1989, Reg;

    November 5, 2014,

    Susp.

    Milwaukee, City of, 550278 January 30, 1974, ......do.............. Do.

    Waukesha County. Emerg; March 1,

    1982, Reg;

    November 5, 2014,

    Susp.

    Mukwonago, Village of, 550485 February 18, 1975, ......do.............. Do.

    Waukesha County. Emerg; July 5,

    1982, Reg;

    November 5, 2014,

    Susp.

    Muskego, City of, Waukesha 550486 April 12, 1974, ......do.............. Do.

    County. Emerg; December

    1, 1982, Reg;

    November 5, 2014,

    Susp.

    New Berlin, City of, 550487 May 18, 1973, ......do.............. Do.

    Waukesha County. Emerg; March 18,

    1987, Reg;

    November 5, 2014,

    Susp.

    Oconomowoc, City of, 550488 May 1, 1975, ......do.............. Do.

    Waukesha County. Emerg; September

    1, 1983, Reg;

    November 5, 2014,

    Susp.

    Pewaukee, City of, 550192 N/A, Emerg; ......do.............. Do.

    Waukesha County. December 11,

    2012, Reg;

    November 5, 2014,

    Susp.

    Pewaukee, Village of, 550489 March 24, 1975, ......do.............. Do.

    Waukesha County. Emerg; June 15,

    1982, Reg;

    November 5, 2014,

    Susp.

    Summit, Village of, 550663 N/A, Emerg; ......do.............. Do.

    Waukesha County. December 11,

    2013, Reg;

    November 5, 2014,

    Susp.

    Sussex, Village of, 550490 June 24, 1975, ......do.............. Do.

    Waukesha County. Emerg; June 19,

    1989, Reg;

    November 5, 2014,

    Susp.

    Waukesha, City of, 550491 April 2, 1974, ......do.............. Do.

    Waukesha County. Emerg; September

    2, 1982, Reg;

    November 5, 2014,

    Susp.

    Waukesha County, 550476 May 25, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; August 1,

    1983, Reg;

    November 5, 2014,

    Susp.

    Region VI

    New Mexico:

    Lincoln County, 350122 August 15, 2005, ......do.............. Do.

    Unincorporated Areas. Emerg; October 1,

    2009, Reg;

    November 5, 2014,

    Susp.

    Ruidoso, Village of, 350033 July 26, 1974, ......do.............. Do.

    Lincoln County. Emerg; March 2,

    1983, Reg;

    November 5, 2014,

    Susp.

    Ruidoso Downs, City of, 350034 February 18, 1975, ......do.............. Do.

    Lincoln County. Emerg; July 5,

    1982, Reg;

    November 5, 2014,

    Susp.

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    * do = Ditto.

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Page 59130

    Dated: September 9, 2014.

    David L. Miller,

    Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

    FR Doc. 2014-23370 Filed 9-30-14; 8:45 am

    BILLING CODE 9110-12-P

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