[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)] [Rules and Regulations] [Pages 4085-4089] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014-01371] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8317] 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 [[Page 4086]] 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 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/ 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 ---------------------------------------------------------------------------------------------------------------- Pennsylvania: Albion, Borough 422409 July 24, 1975, February 19, 2014..... February 19, 2014. of, Erie County. Emerg; June 19, 1989, Reg; February 19, 2014, Susp. Amity, Township of, Erie 421360 August 6, 1975, ...do*................ Do. County. Emerg; November 4, 1988, Reg; February 19, 2014, Susp. Concord, Township of, Erie 422410 January 27, 1976, ...do................. Do. County. Emerg; November 5, 1982, Reg; February 19, 2014, Susp. Conneaut, Township of, Erie 421361 July 9, 1979, ...do................. Do. County. Emerg; November 15, 1989, Reg; February 19, 2014, Susp. Corry, City of, Erie County. 420447 July 11, 1973, ...do................. Do. Emerg; February 15, 1978, Reg; February 19, 2014, Susp. Cranesville, Borough of, Erie 421356 August 22, 1975, ...do................. Do. County. Emerg; June 19, 1989, Reg; February 19, 2014, Susp. Edinboro, Borough of, Erie 420448 January 21, 1975, ...do................. Do. County. Emerg; June 15, 1981, Reg; February 19, 2014, Susp. Elgin, Borough of, Erie County. 422411 October 14, 1975, ...do................. Do. Emerg; September 28, 1979, Reg; February 19, 2014, Susp. Elk Creek, Township of, Erie 422412 January 20, 1976, ...do................. Do. County. Emerg; June 19, 1989, Reg; February 19, 2014, Susp. Erie, City of, Erie County. 420449 April 26, 1973, ...do................. Do. Emerg; March 1, 1979, Reg; February 19, 2014, Susp. Fairview, Township of, Erie 420450 September 10, ...do................. Do. County. 1973, Emerg; September 29, 1978, Reg; February 19, 2014, Susp. Franklin, Township of, Erie 421362 February 13, 1976, ...do................. Do. County. Emerg; October 1, 1986, Reg; February 19, 2014, Susp. Girard, Borough of, Erie 422413 July 18, 1975, ...do................. Do. County. Emerg; June 30, 1976, Reg; February 19, 2014, Susp. Girard, Township of, Erie 421363 August 20, 1975, ...do................. Do. County. Emerg; June 30, 1976, Reg; February 19, 2014, Susp. Greene, Township of, Erie 421364 February 13, 1976, ...do................. Do. County. Emerg; December 1, 1986, Reg; February 19, 2014, Susp. Harborcreek, Township of, Erie 421144 April 9, 1974, ...do................. Do. County. Emerg; September 17, 1980, Reg; February 19, 2014, Susp. Lake City, Borough of, Erie 422414 September 11, ...do................. Do County. 1975, Emerg; June 30, 1976, Reg; February 19, 2014, Susp. Lawrence Park, Township of, 420451 June 1, 1973, ...do................. Do. Erie County. Emerg; September 29, 1978, Reg; February 19, 2014, Susp. LeBoeuf, Township of, Erie 422415 October 15, 1975, ...do................. Do. County. Emerg; May 15, 1984, Reg; February 19, 2014, Susp. McKean, Borough of, Erie 422416 November 5, 1973, ...do................. Do. County. Emerg; September 30, 1977, Reg; February 19, 2014, Susp. McKean, Township of, Erie 422623 April 2, 1975, ...do................. Do. County. Emerg; July 16, 1980, Reg; February 19, 2014, Susp. [[Page 4087]] Mill Village, Borough of, Erie 422417 February 18, 1976, ...do................. Do. County. Emerg; May 19, 1981, Reg; February 19, 2014, Susp. Millcreek, Township of, Erie 420452 April 16, 1973, ...do................. Do. County. Emerg; April 16, 1979, Reg; February 19, 2014, Susp. North East, Borough of, Erie 421359 April 29, 1975, ...do................. Do. County. Emerg; February 4, 1981, Reg; February 19, 2014, Susp. North East, Township of, Erie 421368 October 29, 1974, ...do................. Do. County. Emerg; May 19, 1981, Reg; February 19, 2014, Susp. Springfield, Township of, Erie 421369 December 2, 1975, ...do................. Do. County. Emerg; December 1, 1982, Reg; February 19, 2014, Susp. Summit, Township of, Erie 422418 October 15, 1975, ...do................. Do. County. Emerg; September 16, 1981, Reg; February 19, 2014, Susp. Union, Township of, Erie 421370 February 18, 1976, ...do................. Do. County. Emerg; September 16, 1981, Reg; February 19, 2014, Susp. Union City, Borough of, Erie 420453 April 16, 1974, ...do................. Do. County. Emerg; September 28, 1979, Reg; February 19, 2014, Susp. Venango, Township of, Erie 421371 September 10, ...do................. Do. County. 1975, Emerg; September 30, 1981, Reg; February 19, 2014, Susp. Washington, Township of, Erie 421372 June 5, 1975, ...do................. Do. County. Emerg; May 19, 1981, Reg; February 19, 2014, Susp. Waterford, Township of, Erie 422419 March 22, 1976, ...do................. Do. County. Emerg; February 17, 1982, Reg; February 19, 2014, Susp. Wattsburg, Borough of, Erie 420455 November 11, 1975, ...do................. Do. County. Emerg; May 19, 1981, Reg; February 19, 2014, Susp. Wayne, Township of, Erie 421373 March 6, 1975, ...do................. Do. County. Emerg; December 14, 1979, Reg; February 19, 2014, Susp. Wesleyville, Borough of, Erie 420456 March 19, 1975, ...do................. Do. County. Emerg; July 16, 1981, Reg; February 19, 2014, Susp. West Virginia: Barboursville, 540017 May 13, 1975, ...do................. Do. Village of, Cabell County. Emerg; June 3, 1988, Reg; February 19, 2014, Susp. Cabell County, Unincorporated 540016 May 3, 1976, ...do................. Do. Areas. Emerg; September 30, 1987, Reg; February 19, 2014, Susp. Huntington, City of, Cabell and 540018 September 27, ...do................. Do. Wayne Counties. 1973, Emerg; August 17, 1981, Reg; February 19, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- Region IV ---------------------------------------------------------------------------------------------------------------- Florida: Daytona Beach, City 125099 September 11, ...do................. Do. of, Volusia County. 1970, Emerg; September 7, 1973, Reg; February 19, 2014, Susp. Daytona Beach Shores, City of, 125100 January 29, 1971, ...do................. Do. Volusia County. Emerg; September 7, 1973, Reg; February 19, 2014, Susp. Debary, City of, Volusia 120672 May 14, 1971, ...do................. Do. County. Emerg; November 23, 1973, Reg; February 19, 2014, Susp. Deland, City of, Volusia 120307 February 19, 1975, ...do................. Do. County. Emerg; December 22, 1980, Reg; February 19, 2014, Susp. Deltona, City of, Volusia 120677 N/A, Emerg; ...do................. Do. County. January 22, 1998, Reg; February 19, 2014, Susp. Edgewater, City of, Volusia 120308 February 6, 1975, ...do................. Do. County. Emerg; September 3, 1980, Reg; February 19, 2014, Susp. Flagler Beach, City of, Flagler 120087 May 2, 1974, ...do................. Do. and Volusia County. Emerg; May 15, 1985, Reg; February 19, 2014, Susp. Holly Hill, City of, Volusia 125112 May 14, 1971, ...do................. Do. County. Emerg; September 7, 1973, Reg; February 19, 2014, Susp. Lake Helen, City of, Volusia 120674 N/A, Emerg; May ...do................. Do. County. 19, 2005, Reg; February 19, 2014, Susp. New Smyrna Beach, City of, 125132 May 14, 1971, ...do................. Do. Volusia County. Emerg; December 7, 1973, Reg; February 19, 2014, Susp. Oak Hill, City of, Volusia 120624 N/A, Emerg; ...do................. Do. County. February 21, 1994, Reg; February 19, 2014, Susp. Ormond Beach, City of, Volusia 125136 November 20, 1970, ...do................. Do. County. Emerg; September 7, 1973, Reg; February 19, 2014, Susp. Pierson, Town of, Volusia 120675 N/A, Emerg; July ...do................. Do. County. 18, 2007, Reg; February 19, 2014, Susp. Ponce Inlet, Town of, Volusia 120312 May 28, 1974, ...do................. Do. County. Emerg; October 8, 1976, Reg; February 19, 2014, Susp. Port Orange, City of, Volusia 120313 July 19, 1974, ...do................. Do. County. Emerg; May 16, 1977, Reg; February 19, 2014, Susp. South Daytona, City of, Volusia 120314 June 18, 1971, ...do................. Do. County. Emerg; October 3, 1976, Reg; February 19, 2014, Susp. [[Page 4088]] Volusia County, Unincorporated 125155 May 14, 1971, ...do................. Do. Areas. Emerg; November 23, 1973, Reg; February 19, 2014, Susp. North Carolina: Charlotte, City 370159 April 12, 1973, ...do................. Do. of, Mecklenburg County. Emerg; August 15, 1978, Reg; February 19, 2014, Susp. Indian Trail, Town of, Union 370235 June 14, 1976, ...do................. Do. County. Emerg; March 21, 1980, Reg; February 19, 2014, Susp. Marvin, Village of, Union 370514 N/A, Emerg; ...do................. Do. County. December 28, 1998, Reg; February 19, 2014, Susp. Matthews, Town of, Mecklenburg 370310 January 11, 1995, ...do................. Do. County. Emerg; February 4, 2004, Reg; February 19, 2014, Susp. Mecklenburg County, 370158 May 17, 1973, ...do................. Do. Unincorporated Areas. Emerg; June 1, 1981, Reg; February 19, 2014, Susp. Mint Hill, Town of, Mecklenburg 370539 N/A, Emerg; ...do................. Do. County. December 21, 2007, Reg; February 19, 2014, Susp. Pineville, Town of, Mecklenburg 370160 May 6, 1975, ...do................. Do. County. Emerg; March 18, 1987, Reg; February 19, 2014, Susp. Stallings, Town of, Union 370472 N/A, Emerg; April ...do................. Do. County. 5, 1994, Reg; February 19, 2014, Susp. Union County, Unincorporated 370234 August 9, 1974, ...do................. Do. Areas. Emerg; July 18, 1983, Reg; February 19, 2014, Susp. Weddington, Town of, Union 370518 N/A, Emerg; May 3, ...do................. Do. County. 1999, Reg; February 19, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- Region V ---------------------------------------------------------------------------------------------------------------- Michigan: Hillsdale, City of, 260086 May 12, 1975, ...do................. Do. Hillsdale County.. Emerg; January 6, 1988, Reg; February 19, 2014, Susp. Litchfield, City of, Hillsdale 260409 July 25, 1975, ...do................. Do. County. Emerg; February 4, 1987, Reg; February 19, 2014, Susp. Reading, Township of, Hillsdale 260410 March 27, 1996, ...do................. Do. County. Emerg; N/A, Reg; February 19, 2014, Susp. Wisconsin: Delafield, City of, 550479 July 15, 1975, ...do................. Do. Waukesha County. Emerg; August 15, 1983, Reg; February 19, 2014, Susp. Dousman, Village of, Waukesha 550480 June 30, 1975, ...do................. Do. County. Emerg; April 17, 1987, Reg; February 19, 2014, Susp. Hartland, Village of, Waukesha 550481 July 25, 1975, ...do................. Do. County. Emerg; December 1, 1982, Reg; February 19, 2014, Susp. Merton, Village of, Waukesha 550484 July 21, 1975, ...do................. Do. County. Emerg; August 3, 1989, Reg; February 19, 2014, Susp. Nashotah, Village of, Waukesha 550149 N/A, Emerg; April ...do................. Do. County. 26, 2012, Reg; February 19, 2014, Susp. Oconomowoc, City of, Waukesha 550488 May 1, 1975, ...do................. Do. County. Emerg; September 1, 1983, Reg; February 19, 2014, Susp. Sussex, Village of, Waukesha 550490 June 24, 1975, ...do................. Do. County. Emerg; June 19, 1989, Reg; February 19, 2014, Susp. Waukesha County, Unincorporated 550476 May 25, 1973, ...do................. Do. Areas. Emerg; August 1, 1983, Reg; February 19, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- Region VIII ---------------------------------------------------------------------------------------------------------------- Wyoming: Basin, Town of, Big 560069 June 30, 2000, ...do................. Do. Horn County.. Emerg; N/A, Reg; February 19, 2014, Susp. Big Horn County, Unincorporated 560004 April 4, 1997, ...do................. Do. Areas. Emerg; November 1, 1998, Reg; February 19, 2014, Susp. Greybull, Town of, Big Horn 560005 March 16, 1978, ...do................. Do County. Emerg; February 19, 1980, Reg; February 19, 2014, Susp. Lovell, Town of, Big Horn 560073 August 30, 1976, ...do................. Do. County. Emerg; October 1, 1986, Reg; February 19, 2014, Susp. Manderson, Town of, Big Horn 560006 April 29, 1976, ...do................. Do. County. Emerg; April 16, 1979, Reg; February 19, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- Region IX ---------------------------------------------------------------------------------------------------------------- California: Campbell, City of, 060338 July 25, 1974, ...do................. Do. Santa Clara County. Emerg; June 30, 1976, Reg; February 19, 2014, Susp. Santa Clara County, 060337 June 18, 1979, ...do................. Do. Unincorporated Areas. Emerg; August 2, 1982, Reg; February 19, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- *...do = Ditto. Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension. [[Page 4089]] Dated: January 7, 2014. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2014-01371 Filed 1-23-14; 8:45 am] BILLING CODE 9110-12-P