Suspension of Community Eligibility
Federal Register, Volume 78 Issue 250 (Monday, December 30, 2013)
Federal Register Volume 78, Number 250 (Monday, December 30, 2013)
Rules and Regulations
Pages 79324-79327
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2013-31155
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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-8315
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.
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.
Page 79325
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
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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
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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
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Region I
Massachusetts:
Marion, Town of, Plymouth 255213 October 8, 1971, Feb. 5, 2014.......... Feb. 5, 2014.
County. Emerg; April 6,
1973, Reg;
February 5,
2014, Susp.
Mattapoisett, Town of, 255214 June 18, 1971, ......do.............. Do.
Plymouth County. Emerg; March 16,
1973, Reg;
February 5,
2014, Susp.
Wareham, Town of, Plymouth 255223 July 10, 1970, ......do.............. Do.
County. Emerg; May 28,
1971, Reg;
February 5,
2014, Susp.
Region III
Pennsylvania:
Armstrong, Township of, 420635 March 30, 1973, ......do.............. Do.
Lycoming County. Emerg; September
28, 1979, Reg;
February 5,
2014, Susp.
Duboistown, Borough of, 420639 December 22, ......do.............. Do.
Lycoming County. 1972, Emerg;
March 1, 1977,
Reg; February 5,
2014, Susp.
Loyalsock, Township of, 421040 February 5, 1974, ......do.............. Do.
Lycoming County. Emerg; May 16,
1977, Reg;
February 5,
2014, Susp.
Montoursville, Borough of, 420648 February 9, 1973, ......do.............. Do.
Lycoming County. Emerg; August
15, 1977, Reg;
February 5,
2014, Susp.
Old Lycoming, Township of, 420652 January 19, 1973, ......do.............. Do.
Lycoming County. Emerg; April 15,
1977, Reg;
February 5,
2014, Susp.
South Williamsport, Borough 420658 January 7, 1974, ......do.............. Do.
of, Lycoming County. Emerg; April 15,
1977, Reg;
February 5,
2014, Susp.
Susquehanna, Township of, 420659 April 19, 1973, ......do.............. Do.
Lycoming County. Emerg; September
28, 1979, Reg;
February 5,
2014, Susp.
Williamsport, City of, 420662 November 24, ......do.............. Do.
Lycoming County. 1972, Emerg;
December 1,
1977, Reg;
February 5,
2014, Susp.
Woodward, Township of, 420664 June 4, 1973, ......do.............. Do.
Lycoming County. Emerg; September
28, 1979, Reg;
February 5,
2014, Susp.
Region IV
Alabama:
Montgomery, City of, 010174 February 12, ......do.............. Do.
Montgomery County. 1974, Emerg;
January 20,
1982, Reg;
February 5,
2014, Susp.
Montgomery County, 010278 October 22, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January
6, 1982, Reg;
February 5,
2014, Susp.
Pike Road, Town of, 010433 May 29, 2003, ......do.............. Do.
Montgomery County. Emerg; August 4,
2003, Reg;
February 5,
2014, Susp.
Florida:
Jefferson County, 120331 April 21, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; July 16,
1991, Reg;
February 5,
2014, Susp.
Monticello, City of, 120365 April 9, 1981, ......do.............. Do.
Jefferson County. Emerg; June 3,
1986, Reg;
February 5,
2014, Susp.
Region V
Indiana:
Clinton, City of, 180259 June 30, 1975, ......do.............. Do.
Vermillion County. Emerg; July 1,
1987, Reg;
February 5,
2014, Susp.
Newport, Town of, 180262 March 26, 1981, ......do.............. Do.
Vermillion County. Emerg; June 15,
1981, Reg;
February 5,
2014, Susp.
Page 79326
Union County, 180411 October 24, 1984, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1988, Reg;
February 5,
2014, Susp.
Vermillion County, 180449 December 1, 1993, ......do.............. Do.
Unincorporated Areas. Emerg; November
1, 1995, Reg;
February 5,
2014, Susp.
Michigan:
Broomfield, Township of, 260815 March 22, 1989, ......do.............. Do.
Isabella County. Emerg; August 5,
1991, Reg;
February 5,
2014, Susp.
Chippewa, Township of, 260824 August 14, 1989, ......do.............. Do.
Isabella County. Emerg; January
7, 1998, Reg;
February 5,
2014, Susp.
Coe, Township of, Isabella 260819 April 24, 1989, ......do.............. Do.
County. Emerg; July 16,
1991, Reg;
February 5,
2014, Susp.
Deerfield, Township of, 260816 March 22, 1989, ......do.............. Do.
Isabella County. Emerg; January
7, 1998, Reg;
February 5,
2014, Susp.
Denver, Township of, 260817 March 22, 1989, ......do.............. Do.
Isabella County. Emerg; July 16,
1991, Reg;
February 5,
2014, Susp.
Isabella, Township of, 260820 April 24, 1989, ......do.............. Do.
Isabella County. Emerg; April 16,
1991, Reg;
February 5,
2014, Susp.
Mount Pleasant, City of, 260104 May 14, 1975, ......do.............. Do.
Isabella County. Emerg; August
16, 1982, Reg;
February 5,
2014, Susp.
Nottawa, Township of, 260821 April 24, 1989, ......do.............. Do.
Isabella County. Emerg; May 2,
1991, Reg;
February 5,
2014, Susp.
Rolland, Township of, 260422 April 24, 1989, ......do.............. Do.
Isabella County. Emerg; September
14, 1990, Reg;
February 5,
2014, Susp.
Sherman, Township of, 260822 April 24, 1989, ......do.............. Do.
Isabella County. Emerg; October
16, 1991, Reg;
February 5,
2014, Susp.
Union, Charter Township of, 260812 October 13, 1988, ......do.............. Do.
Isabella County. Emerg; February
15, 1991, Reg;
February 5,
2014, Susp.
Vernon, Township of, 260825 September 7, ......do.............. Do.
Isabella County. 1989, Emerg;
February 5,
1992, Reg;
February 5,
2014, Susp.
Wise, Township of, Isabella 260823 July 18, 1989, ......do.............. Do.
County. Emerg; September
18, 1991, Reg;
February 5,
2014, Susp.
Wisconsin:
Dodge County, 550094 July 18, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; June 15,
1981, Reg;
February 5,
2014, Susp.
Fox Lake, City of, Dodge 550097 August 1, 1975, ......do.............. Do.
County. Emerg; March 16,
1981, Reg;
February 5,
2014, Susp.
Region VII
Kansas:
Kansas City, City of, 200363 December 10, ......do.............. Do.
Wyandotte County. 1974, Emerg;
August 3, 1981,
Reg; February 5,
2014, Susp.
Region VIII
Colorado:
Arvada, City of, Adams and 085072 April 30, 1971, ......do.............. Do.
Jefferson County. Emerg; June 23,
1972, Reg;
February 5,
2014, Susp.
Edgewater, City of, 080089 June 6, 1974, ......do.............. Do.
Jefferson County. Emerg; August
15, 1989, Reg;
February 5,
2014, Susp.
Golden, City of, Jefferson 080090 June 19, 1975, ......do.............. Do.
County. Emerg; May 15,
1985, Reg;
February 5,
2014, Susp.
Jefferson County, 080087 July 5, 1973, ......do.............. Do.
Unincorporated Areas. Emerg; August 5,
1986, Reg;
February 5,
2014, Susp.
Lakewood, City of, 085075 April 16, 1971, ......do.............. Do.
Jefferson County. Emerg; July 21,
1972, Reg;
February 5,
2014, Susp.
Morrison, Town of, 080092 September 11, ......do.............. Do.
Jefferson County. 1975, Emerg;
December 1,
1982, Reg;
February 5,
2014, Susp.
Westminster, City of, Adams 080008 July 13, 1973, ......do.............. Do.
and Jefferson County. Emerg; September
30, 1988, Reg;
February 5,
2014, Susp.
Wheat Ridge, City of, 085079 April 16, 1971, ......do.............. Do.
Jefferson County. Emerg; May 26,
1972, Reg;
February 5,
2014, Susp.
Wyoming: Fremont County, 560080 July 8, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1979, Reg;
February 5,
2014, Susp.
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*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.
Page 79327
Dated: December 11, 2013.
David L. Miller
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2013-31155 Filed 12-27-13; 8:45 am
BILLING CODE 9110-12-P
