Suspension of Community Eligibility

 
CONTENT

Federal Register, Volume 79 Issue 175 (Wednesday, September 10, 2014)

Federal Register Volume 79, Number 175 (Wednesday, September 10, 2014)

Rules and Regulations

Pages 53618-53621

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

FR Doc No: 2014-21550

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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-8349

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

Page 53619

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

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  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

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  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

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    Region III

    Virginia:

    Irvington, Town of, 510221 August 18, 1975, October 2, 2014....... October 2, 2014

    Lancaster County. Emerg; August 4,

    1987, Reg;

    October 2, 2014,

    Susp.

    Kilmarnock, Town of, 510280 July 27, 2010, ......*do............. Do.

    Lancaster County. Emerg; September

    17, 2010, Reg;

    October 2, 2014,

    Susp.

    Lancaster County, 510084 November 27, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; March 4,

    1988, Reg;

    October 2, 2014,

    Susp.

    White Stone, Town of, 510235 August 18, 1975, ......do.............. Do.

    Lancaster County. Emerg; September

    24, 1984, Reg;

    October 2, 2014,

    Susp.

    Region IV

    Alabama:

    Athens, City of, Limestone 010146 April 11, 1974, ......do.............. Do.

    County. Emerg; September

    28, 1979, Reg;

    October 2, 2014,

    Susp.

    Carbon Hill, City of, 010204 May 18, 1977, ......do.............. Do.

    Walker County. Emerg; March 16,

    1981, Reg;

    October 2, 2014,

    Susp.

    Cordova, City of, Walker 010205 July 25, 1975, ......do.............. Do.

    County. Emerg; March 16,

    1981, Reg;

    October 2, 2014,

    Susp.

    Dora, City of, Walker 010381 March 20, 1992, ......do.............. Do.

    County. Emerg; August 2,

    2007, Reg;

    October 2, 2014,

    Susp.

    Gurley, Town of, Madison 010152 February 12, 1991, ......do.............. Do.

    County. Emerg; March 1,

    1995, Reg;

    October 2, 2014,

    Susp.

    Huntsville, City of, 010153 March 8, 1974, ......do.............. Do.

    Limestone and Madison Emerg; November

    Counties. 1, 1979, Reg;

    October 2, 2014,

    Susp.

    Jasper, City of, Walker 010206 January 21, 1975, ......do.............. Do.

    County. Emerg; June 15,

    1981, Reg;

    October 2, 2014,

    Susp.

    Kansas, Town of, Walker 010390 N/A, Emerg; ......do.............. Do.

    County. September 9,

    2010, Reg;

    October 2, 2014,

    Susp.

    Limestone County, 010307 September 2, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; July 16,

    1981, Reg;

    October 2, 2014,

    Susp.

    Madison, City of, Limestone 010308 July 23, 1975, ......do.............. Do.

    and Madison Counties. Emerg; December

    15, 1978, Reg;

    October 2, 2014,

    Susp.

    Madison County, 010151 August 26, 1974, ......do.............. Do.

    Unincorporated Areas. Emerg; July 2,

    1981, Reg;

    October 2, 2014,

    Susp.

    Mooresville, Town of, 010455 December 23, 2008, ......do.............. Do.

    Limestone County. Emerg; September

    21, 2010, Reg;

    October 2, 2014,

    Susp.

    New Hope, Town of, Madison 010154 August 7, 1975, ......do.............. Do.

    County. Emerg; November

    24, 1978, Reg;

    October 2, 2014,

    Susp.

    Page 53620

    Oakman, Town of, Walker 010299 January 12, 1976, ......do.............. Do.

    County. Emerg; March 14,

    1980, Reg;

    October 2, 2014,

    Susp.

    Owens Cross Roads, Town of, 010218 August 6, 1974, ......do.............. Do.

    Madison County. Emerg; March 2,

    1981, Reg;

    October 2, 2014,

    Susp.

    Parrish, Town of, Walker 010298 January 16, 1976, ......do.............. Do.

    County. Emerg; May 30,

    1980, Reg;

    October 2, 2014,

    Susp.

    Triana, Town of, Madison 010155 July 21, 1980, ......do.............. Do.

    County. Emerg; September

    29, 1986, Reg;

    October 2, 2014,

    Susp.

    Walker County, 010301 July 2, 1979, ......do.............. Do.

    Unincorporated Areas. Emerg; July 5,

    1982, Reg;

    October 2, 2014,

    Susp.

    Region V

    Illinois:

    Carrier Mills, Village of, 170786 October 27, 1977, ......do.............. Do.

    Saline County. Emerg; July 3,

    1985, Reg;

    October 2, 2014,

    Susp.

    Eldorado, City of, Saline 170596 N/A, Emerg; March ......do.............. Do.

    County. 16, 2012, Reg;

    October 2, 2014,

    Susp.

    Harrisburg, City of, Saline 170598 N/A, Emerg; May ......do.............. Do.

    County. 12, 2008, Reg;

    October 2, 2014,

    Susp.

    Muddy, Village of, Saline 170599 July 10, 1975, ......do.............. Do.

    County. Emerg; December

    5, 1989, Reg;

    October 2, 2014,

    Susp.

    Saline County, 170988 N/A, Emerg; ......do.............. Do.

    Unincorporated Areas. January 6, 2009,

    Reg; October 2,

    2014, Susp.

    Indiana: Brooklyn, Town of, 180402 November 19, 1975, ......do.............. Do.

    Morgan County. Emerg; September

    17, 1980, Reg;

    October 2, 2014,

    Susp.

    Loogootee, City of, Martin 180165 April 18, 1975, ......do.............. Do.

    County. Emerg; September

    1, 1986, Reg;

    October 2, 2014,

    Susp.

    Martin County, 180479 July 3, 1990, ......do.............. Do.

    Unincorporated Areas. Emerg; July 1,

    1991, Reg;

    October 2, 2014,

    Susp.

    Martinsville, City of, 180177 April 2, 1975, ......do.............. Do.

    Morgan County. Emerg; December

    4, 1979, Reg;

    October 2, 2014,

    Susp.

    Mooresville, Town of, 180334 June 4, 1975, ......do.............. Do.

    Morgan County. Emerg; September

    5, 1979, Reg;

    October 2, 2014,

    Susp.

    Morgan County, 180176 May 27, 1981, ......do.............. Do.

    Unincorporated Areas. Emerg; June 1,

    1981, Reg;

    October 2, 2014,

    Susp.

    Morgantown, Town of, Morgan 180178 March 22, 1976, ......do.............. Do.

    County. Emerg; May 25,

    1978, Reg;

    October 2, 2014,

    Susp.

    Paragon, Town of, Morgan 180338 N/A, Emerg; ......do.............. Do.

    County. December 10,

    2008, Reg;

    October 2, 2014,

    Susp.

    Michigan:

    Ash, Township of, Monroe 260141 September 18, ......do.............. Do.

    County. 1975, Emerg;

    November 3, 1982,

    Reg; October 2,

    2014, Susp.

    Bedford, Township of, 260142 October 8, 1975, ......do.............. Do.

    Monroe County. Emerg; November

    4, 1981, Reg;

    October 2, 2014,

    Susp.

    Berlin, Charter Township 260143 March 9, 1973, ......do.............. Do.

    of, Monroe County. Emerg; November

    3, 1982, Reg;

    October 2, 2014,

    Susp.

    Dundee, Township of, Monroe 260144 April 29, 1975, ......do.............. Do.

    County. Emerg; April 18,

    1983, Reg;

    October 2, 2014,

    Susp.

    Dundee, Village of, Monroe 260313 March 10, 1975, ......do.............. Do.

    County. Emerg; July 19,

    1982, Reg;

    October 2, 2014,

    Susp.

    Erie, Township of, Monroe 260145 January 26, 1973, ......do.............. Do.

    County. Emerg; September

    1, 1978, Reg;

    October 2, 2014,

    Susp.

    Estral Beach, Village of, 260261 March 30, 1973, ......do.............. Do.

    Monroe County. Emerg; November

    2, 1983, Reg;

    October 2, 2014,

    Susp.

    Frenchtown, Charter 260146 January 19, 1973, ......do.............. Do.

    Township of, Monroe County. Emerg; January

    19, 1978, Reg;

    October 2, 2014,

    Susp.

    Ida, Township of, Monroe 260147 August 20, 1975, ......do.............. Do.

    County. Emerg; January

    21, 1983, Reg;

    October 2, 2014,

    Susp.

    LaSalle, Township of, 260148 February 9, 1973, ......do.............. Do.

    Monroe County. Emerg; August 15,

    1977, Reg;

    October 2, 2014,

    Susp.

    London, Township of, Monroe 260149 N/A, Emerg; ......do.............. Do.

    County. September 6,

    2002, Reg;

    October 2, 2014,

    Susp.

    Luna Pier, City of, Monroe 260150 January 26, 1973, ......do.............. Do.

    County. Emerg; June 1,

    1982, Reg;

    October 2, 2014,

    Susp.

    Milan, Township of, Monroe 260152 October 2, 1975, ......do.............. Do.

    County. Emerg; December

    15, 1982, Reg;

    October 2, 2014,

    Susp.

    Monroe, Charter Township 260154 February 2, 1973, ......do.............. Do.

    of, Monroe County. Emerg; April 3,

    1978, Reg;

    October 2, 2014,

    Susp.

    Monroe, City of, Monroe 260153 December 29, 1972, ......do.............. Do.

    County. Emerg; June 15,

    1977, Reg;

    October 2, 2014,

    Susp.

    Petersburg, City of, Monroe 260288 July 11, 1975, ......do.............. Do.

    County. Emerg; June 25,

    1976, Reg;

    October 2, 2014,

    Susp.

    Page 53621

    Raisinville, Township of, 260155 August 18, 1975, ......do.............. Do.

    Monroe County. Emerg; August 2,

    1982, Reg;

    October 2, 2014,

    Susp.

    South Rockwood, Village of, 260320 September 5, 1975, ......do.............. Do.

    Monroe County. Emerg; May 2,

    1983, Reg;

    October 2, 2014,

    Susp.

    Summerfield, Township of, 260156 June 23, 1975, ......do.............. Do.

    Monroe County. Emerg; September

    18, 1985, Reg;

    October 2, 2014,

    Susp.

    Whiteford, Township of, 260157 June 30, 1975, ......do.............. Do.

    Monroe County. Emerg; April 1,

    1981, Reg;

    October 2, 2014,

    Susp.

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    *-do- =Ditto.

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

    Dated: August 20, 2014.

    David L. Miller,

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

    FR Doc. 2014-21550 Filed 9-9-14; 8:45 am

    BILLING CODE 9110-12-P