Suspension of Community Eligibility
Federal Register, Volume 79 Issue 25 (Thursday, February 6, 2014)
Federal Register Volume 79, Number 25 (Thursday, February 6, 2014)
Rules and Regulations
Pages 7087-7090
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-02514
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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-8319
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
Page 7088
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
-
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 II
New York:
Chestnut Ridge, Village 361615 November 30, 1987, March 3, 2014......... March 3, 2014.
of, Rockland County. Emerg; September
16, 1988, Reg;
March 3, 2014,
Susp.
Clarkstown, Town of, 360679 October 24, 1974, ......do *............ Do.
Rockland County. Emerg; March 2,
1983, Reg; March
3, 2014, Susp.
Grand View-On-Hudson, 360680 July 7, 1975, ......do.............. Do.
Village of, Rockland Emerg; October
County. 15, 1981, Reg;
March 3, 2014,
Susp.
Haverstraw, Town of, 360681 December 13, 1974, ......do.............. Do.
Rockland County. Emerg; January 6,
1982, Reg; March
3, 2014, Susp.
Haverstraw, Village of, 360682 November 28, 1975, ......do.............. Do.
Rockland County. Emerg; September
2, 1981, Reg;
March 3, 2014,
Susp.
Hillburn, Village of, 360683 June 18, 1975, ......do.............. Do.
Rockland County. Emerg; January 6,
1982, Reg; March
3, 2014, Susp.
Kaser, Village of, 365376 February 13, 2009, ......do.............. Do.
Rockland County. Emerg; N/A, Reg;
March 3, 2014,
Susp.
Montebello, Village of, 361617 June 5, 1987, ......do.............. Do.
Rockland County. Emerg; January
18, 1989, Reg;
March 3, 2014,
Susp.
New Hempstead, Village of, 361618 April 23, 1987, ......do.............. Do.
Rockland County. Emerg; December
16, 1988, Reg;
March 3, 2014,
Susp.
New Square, Village of, 360684 March 15, 1976, ......do.............. Do.
Rockland County. Emerg; September
22, 1978, Reg;
March 3, 2014,
Susp.
Nyack, Village of, 360685 May 15, 1975, ......do.............. Do.
Rockland County. Emerg; May 25,
1978, Reg; March
3, 2014, Susp.
Orangetown, Town of, 360686 August 16, 1974, ......do.............. Do.
Rockland County. Emerg; August 2,
1982, Reg; March
3, 2014, Susp.
Piermont, Village of, 360687 November 8, 1974, ......do.............. Do.
Rockland County. Emerg; August 3,
1981, Reg; March
3, 2014, Susp.
Pomona, Village of, 360688 December 13, 1974, ......do.............. Do.
Rockland County. Emerg; April 15,
1982, Reg; March
3, 2014, Susp.
Ramapo, Town of, Rockland 365340 October 29, 1971, ......do.............. Do.
County. Emerg; August 31,
1973, Reg; March
3, 2014, Susp.
Sloatsburg, Village of, 360690 July 7, 1975, ......do.............. Do.
Rockland County. Emerg; January 6,
1982, Reg; March
3, 2014, Susp.
South Nyack, Village of, 360691 August 15, 1975, ......do.............. Do.
Rockland County. Emerg; November
4, 1981, Reg;
March 3, 2014,
Susp.
Page 7089
Spring Valley, Village of, 365344 October 29, 1971, ......do.............. Do.
Rockland County. Emerg; August 31,
1973, Reg; March
3, 2014, Susp.
Stony Point, Town of, 360693 May 8, 1975, ......do.............. Do.
Rockland County. Emerg; September
30, 1981, Reg;
March 3, 2014,
Susp.
Suffern, Village of, 360694 July 5, 1973, ......do.............. Do.
Rockland County. Emerg; March 28,
1980, Reg; March
3, 2014, Susp.
Upper Nyack, Village of, 360695 July 3, 1975, ......do.............. Do.
Rockland County. Emerg; October
28, 1977, Reg;
March 3, 2014,
Susp.
Wesley Hills, Village of, 361616 April 23, 1987, ......do.............. Do.
Rockland County. Emerg; September
16, 1988, Reg;
March 3, 2014,
Susp.
West Haverstraw, Village 360696 June 10, 1975, ......do.............. Do.
of, Rockland County. Emerg; September
30, 1981, Reg;
March 3, 2014,
Susp.
Region III
Pennsylvania:
Cherry, Township of, 422058 January 26, 1976, ......do.............. Do.
Sullivan County. Emerg; August 1,
1987, Reg; March
3, 2014, Susp.
Colley, Township of, 422059 May 11, 1976, ......do.............. Do.
Sullivan County. Emerg; December
1, 1986, Reg;
March 3, 2014,
Susp.
Davidson, Township of, 422060 August 20, 1975, ......do.............. Do.
Sullivan County. Emerg; February
6, 1991, Reg;
March 3, 2014,
Susp.
Dushore, Borough of, 420810 March 11, 1975, ......do.............. Do.
Sullivan County. Emerg; June 18,
1987, Reg; March
3, 2014, Susp.
Elkland, Township of, 422061 December 29, 1975, ......do.............. Do.
Sullivan County. Emerg; March 1,
1987, Reg; March
3, 2014, Susp.
Forks, Township of, 422062 August 25, 1975, ......do.............. Do.
Sullivan County. Emerg; November
2, 1990, Reg;
March 3, 2014,
Susp.
Forksville, Borough of, 420811 April 21, 1975, ......do.............. Do.
Sullivan County. Emerg; March 1,
1987, Reg; March
3, 2014, Susp.
Fox, Township of, Sullivan 422063 January 22, 1976, ......do.............. Do.
County. Emerg; July 1,
1987, Reg; March
3, 2014, Susp.
Hillsgrove, Township of, 422064 December 8, 1975, ......do.............. Do.
Sullivan County. Emerg; November
2, 1990, Reg;
March 3, 2014,
Susp.
Laporte, Township of, 422065 August 11, 1975, ......do.............. Do.
Sullivan County. Emerg; July 1,
1987, Reg; March
3, 2014, Susp.
Shrewsbury, Township of, 422066 August 22, 1975, ......do.............. Do.
Sullivan County. Emerg; August 1,
1987, Reg; March
3, 2014, Susp.
Region IV
Kentucky:
Alexandria, City of, 210391 N/A, Emerg; ......do.............. Do.
Campbell County. December 8, 2009,
Reg; March 3,
2014, Susp.
Bellevue, City of, 210035 May 1, 1974, ......do.............. Do.
Campbell County. Emerg; April 15,
1980, Reg; March
3, 2014, Susp.
California, City of, 210036 July 3, 1975, ......do.............. Do.
Campbell County. Emerg; April 3,
1978, Reg; March
3, 2014, Susp.
Campbell County, 210034 February 19, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1981, Reg;
March 3, 2014,
Susp.
Cold Spring, City of, 210395 N/A, Emerg; May ......do.............. Do.
Campbell County. 11, 2007, Reg;
March 3, 2014,
Susp.
Dayton, City of, Campbell 210037 August 21, 1974, ......do.............. Do.
County. Emerg; August 15,
1980, Reg; March
3, 2014, Susp.
Fort Thomas, City of, 210038 June 30, 1997, ......do.............. Do.
Campbell County. Emerg; September
1, 1998, Reg;
March 3, 2014,
Susp.
Lexington-Fayette Urban 210067 August 17, 1973, ......do.............. Do.
County Government, Emerg; September
Fayette County. 28, 1979, Reg;
March 3, 2014,
Susp.
Melborne, City of, 210250 September 12, ......do.............. Do.
Campbell County. 1974, Emerg;
March 28, 1980,
Reg; March 3,
2014, Susp.
Mentor, City of, Campbell 210275 February 21, 1975, ......do.............. Do.
County. Emerg; March 4,
1980, Reg; March
3, 2014, Susp.
Newport, City of, Campbell 210039 March 26, 1975, ......do.............. Do.
County. Emerg; November
5, 1980, Reg;
March 3, 2014,
Susp.
Silver Grove, City of, 210040 October 15, 1974, ......do.............. Do.
Campbell County. Emerg; October
15, 1980, Reg;
March 3, 2014,
Susp.
Southgate, City of, 210276 N/A, Emerg; July ......do.............. Do.
Campbell County. 8, 2008, Reg;
March 3, 2014,
Susp.
Wilder, City of, Campbell 210041 October 24, 1974, ......do.............. Do.
County. Emerg; October
15, 1980, Reg;
March 3, 2014,
Susp.
Woodlawn, City of, 210318 N/A, Emerg; June ......do.............. Do.
Campbell County. 27, 2013, Reg;
March 3, 2014,
Susp.
Page 7090
Region V
Indiana:
Ohio County, 180406 January 20, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
4, 1987, Reg;
March 3, 2014,
Susp.
Owen County, 180481 February 6, 1991, ......do.............. Do.
Unincorporated Areas. Emerg; April 1,
1993, Reg; March
3, 2014, Susp.
Rising Sun, City of, Ohio 180407 January 20, 1975, ......do.............. Do.
County. Emerg; October
18, 1983, Reg;
March 3, 2014,
Susp.
Spencer, Town of, Owen 180191 July 10, 1975, ......do.............. Do.
County. Emerg; September
1, 1989, Reg;
March 3, 2014,
Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 16, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2014-02514 Filed 2-5-14; 8:45 am
BILLING CODE 9110-12-P
