[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)] [Rules and Regulations] [Pages 75485-75488] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2013-29658] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8313] Suspension of Community Eligibility AGENCY: Federal Emergency Management Agency, DHS. 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: 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. 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. [[Page 75486]] List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 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: ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ cancellation of Current effective map Date certain federal State and location Community No. sale of flood date assistance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region III Pennsylvania: Allegheny, 422529 August 5, 1981, Jan. 16, 2014......... Jan. 16, 2014. Township of, Venango County. Emerg; September 10, 1984, Reg; January 16, 2014, Susp. Canal, Township of, 422108 May 9, 1979, ......do *............ Do. Venango County. Emerg; February 6, 1991, Reg; January 16, 2014, Susp. Clinton, Township of, 422531 February 18, ......do.............. Do. Venango County. 1976, Emerg; September 10, 1984, Reg; January 16, 2014, Susp. Clintonville, Borough of, 422532 December 17, ......do.............. Do. Venango County. 1976, Emerg; September 10, 1984, Reg; January 16, 2014, Susp. Cooperstown, Borough of, 420835 July 7, 1975, ......do.............. Do. Venango County. Emerg; February 6, 1991, Reg; January 16, 2014, Susp. Cornplanter, Township of, 422533 July 7, 1975, ......do.............. Do. Venango County. Emerg; May 19, 1987, Reg; January 16, 2014, Susp. Emlenton, Borough of, 422107 July 23, 1975, ......do.............. Do. Venango County. Emerg; June 30, 1976, Reg; January 16, 2014, Susp. Franklin, City of, Venango 420836 April 19, 1973, ......do.............. Do. County. Emerg; September 29, 1978, Reg; January 16, 2014, Susp. French Creek, Township of, 422110 February 17, ......do.............. Do. Venango County. 1977, Emerg; May 19, 1987, Reg; January 16, 2014, Susp. Irwin, Township of, 422534 N/A, Emerg; April ......do.............. Do. Venango County. 29, 2009, Reg; January 16, 2014, Susp. Jackson, Township of, 422535 March 8, 1977, ......do.............. Do. Venango County. Emerg; August 19, 1991, Reg; January 16, 2014, Susp. Mineral, Township of, 422536 May 9, 1979, ......do.............. Do. Venango County. Emerg; January 1, 1987, Reg; January 16, 2014, Susp. Oakland, Township of, 422111 February 28, ......do.............. Do. Venango County. 1977, Emerg; February 1, 1987, Reg; January 16, 2014, Susp. Oil City, City of, Venango 420837 August 18, 1972, ......do.............. Do. County. Emerg; July 5, 1977, Reg; January 16, 2014, Susp. Oil Creek, Township of, 422537 March 17, 1976, ......do.............. Do. Venango County. Emerg. October 1, 1986, Reg; January 16, 2014, Susp. Pinegrove, Township of 422538 January 14, 1980, ......do.............. Do. Venango County. Emerg; September 10, 1984, Reg; January 16, 2014, Susp. Plum, Township of, Venango 422539 March 1, 1977, ......do.............. Do. County. Emerg; September 10, 1984, Reg; January 16, 2014, Susp. Polk, Borough of, Venango 420838 July 10, 1975, ......do.............. Do. County. Emerg; January 1, 1987, Reg; January 16, 2014, Susp. President, Township of, 422112 July 7, 1975, ......do.............. Do. Venango County. Emerg; February 6, 1991, Reg; January 16, 2014, Susp. Richland, Township of, 422540 February 24, ......do.............. Do. Venango County. 1977, Emerg; September 10, 1984, Reg; January 16, 2014, Susp. Rockland, Township of, 422113 March 3, 1977, ......do.............. Do. Venango County. Emerg; October 16, 1990, Reg; January 16, 2014, Susp. Rouseville, Borough of, 420839 July 11, 1975, ......do.............. Do. Venango County. Emerg; May 19, 1987, Reg; January 16, 2014, Susp. Sandycreek, Township of, 422541 June 23, 1975, ......do.............. Do. Venango County. Emerg; October 16, 1990, Reg; January 16, 2014, Susp. Scrubgrass, Township of, 422542 February 24, ......do.............. Do. Venango County. 1977, Emerg; August 5, 1991, Reg; January 16, 2014, Susp. Sugarcreek, Borough of, 420840 July 7, 1975, ......do.............. Do. Venango County. Emerg; May 19, 1987, Reg; January 16, 2014, Susp. Utica, Borough of, Venango 420841 February 10, ......do.............. Do. County. 1977, Emerg; March 4, 1991, Reg; January 16, 2014, Susp. Victory, Township of, 422543 February 17, ......do.............. Do. Venango County. 1977, Emerg; September 24, 1984, Reg; January 16, 2014, Susp. Region IV Alabama: Brookwood, Town of, 010431 N/A, Emerg; ......do.............. Do. Tuscaloosa County. October 21, 2008, Reg; January 16, 2014, Susp. Coaling, Town of, 010480 N/A, Emerg; July ......do.............. Do. Tuscaloosa County. 8, 2008, Reg; January 16, 2014, Susp. [[Page 75487]] Coker, Town of, Tuscaloosa 010481 N/A, Emerg; ......do.............. Do. County. August 14, 2008, Reg; January 16, 2014, Susp. Lake View, Town of, 010483 N/A, Emerg; May ......do.............. Do. Jefferson and Tuscaloosa 8, 2008, Reg; Counties. January 16, 2014, Susp. Moundville, Town of, Hale 010096 October 11, 1974, ......do.............. Do. and Tuscaloosa Counties. Emerg; July 18, 1985, Reg; January 16, 2014, Susp. Northport, City of, 010202 June 13, 1973, ......do.............. Do. Tuscaloosa County. Emerg; September 5, 1979, Reg; January 16, 2014, Susp. Tuscaloosa, City of, 010203 April 5, 1973, ......do.............. Do. Tuscaloosa County. Emerg; February 1, 1979, Reg; January 16, 2014, Susp. Tuscaloosa County, 010201 N/A, Emerg; ......do.............. Do. Unincorporated Areas. August 7, 2001, Reg; January 16, 2014, Susp. Vance, Town of, Bibb and 010428 N/A, Emerg; June ......do.............. Do. Tuscaloosa Counties. 26, 2006, Reg; January 16, 2014, Susp. Woodstock, Town of, Bibb 015013 N/A, Emerg; ......do.............. Do. and Tuscaloosa Counties. January 30, 2008, Reg; January 16, 2014, Susp. South Carolina: Bowman, 450161 June 27, 1975, ......do.............. Do. Town of, Orangeburg Emerg; July 16, County. 1980, Reg; January 16, 2014, Susp. Holly Hill, Town of, 450163 August 19, 1976, ......do.............. Do. Orangeburg County. Emerg; July 2, 1980, Reg; January 16, 2014, Susp. Norway, Town of, 450213 November 11, ......do.............. Do. Orangeburg County. 1975, Emerg; May 27, 1977, Reg; January 16, 2014, Susp. Orangeburg, City of, 450164 February 28, ......do.............. Do. Orangeburg County. 1975, Emerg; July 16, 1980, Reg; January 16, 2014, Susp. Orangeburg County, 450160 November 26, ......do.............. Do Unincorporated Areas. 1976, Emerg; December 16, 1980, Reg; January 16, 2014, Susp. Region V Indiana: Brookville, Town of, 180069 March 13, 1975, ......do.............. Do. Franklin County. Emerg; November 15, 1984, Reg; January 16, 2014, Susp. Cedar Grove, Town of, 180304 November 22, ......do.............. Do. Franklin County. 1975, Emerg; August 5, 1986, Reg; January 16, 2014, Susp. Laurel, Town of, Franklin 180306 May 27, 1975, ......do.............. Do. County. Emerg; September 1, 1988, Reg; January 16, 2014, Susp. Region VII Kansas: Miami County, 200220 November 6, 1995, ......do.............. Do. Unincorporated Areas. Emerg; December 1, 2006, Reg; January 16, 2014, Susp. Osawatomie, City of, Miami 200223 June 13, 1974, ......do.............. Do. County. Emerg; September 19, 1984, Reg; January 16, 2014, Susp. Region VIII Wyoming: Dayton, Town of, Sheridan 560045 May 28, 1975, ......do.............. Do. County. Emerg; August 1, 2008, Reg; January 16, 2014, Susp. Ranchester, Town of, 560046 May 8, 1978, ......do.............. Do. Sheridan County. Emerg; April 15, 1988, Reg; January 16, 2014, Susp. Sheridan, City of, 560044 November 29, ......do.............. Do. Sheridan County. 1974, Emerg; September 1, 1978, Reg; January 16, 2014, Susp. Sheridan County, 560047 September 25, ......do.............. Do. Unincorporated Areas. 1979, Emerg; August 1, 1986, Reg; January 16, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- * -do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. [[Page 75488]] Dated: November 25, 2013. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2013-29658 Filed 12-11-13; 8:45 am] BILLING CODE 9110-12-P