[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)] [Rules and Regulations] [Pages 6833-6836] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014-02400] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8321] 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 [[Page 6834]] 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 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 IV Florida: Anna Maria, City of, 125087 June 30, 1970, March 17, 2014........ March 17, 2014. Manatee County. Emerg; June 11, 1971, Reg; March 17, 2014, Susp. Bradenton, City of, 120155 June 5, 1975, ......do*............. Do. Manatee County. Emerg; June 1, 1981, Reg; March 17, 2014, Susp. Bradenton Beach, City of, 125091 June 30, 1970, ......do.............. Do. Manatee County. Emerg; June 11, 1971, Reg; March 17, 2014, Susp. Brevard County, 125092 November 13, 1970, ......do.............. Do. Unincorporated Areas. Emerg; September 22, 1972, Reg; March 17, 2014, Susp. Cape Canaveral, City of, 125094 March 19, 1971, ......do.............. Do. Brevard County. Emerg; September 29, 1972, Reg; March 17, 2014, Susp. Cape Canaveral Port 120619 October 29, 1979, ......do.............. Do. Authority, Brevard County. Emerg; April 3, 1989, Reg; March 17, 2014, Susp. Clay County, 120064 February 26, 1975, ......do.............. Do. Unincorporated Areas. Emerg; July 2, 1981, Reg; March 17, 2014, Susp. Cocoa, City of, Brevard 120020 July 2, 1974, ......do.............. Do. County. Emerg; September 28, 1979, Reg; March 17, 2014, Susp. Cocoa Beach, City of, 125097 November 20, 1970, ......do.............. Do. Brevard County. Emerg; June 16, 1972, Reg; March 17, 2014, Susp. Green Cove Springs, City 120065 October 11, 1974, ......do.............. Do. of, Clay County. Emerg; March 1, 1979, Reg; March 17, 2014, Susp. Grant-Valkaria, Town of, 120224 N/A, Emerg; ......do.............. Do. Brevard County. November 20, 2007, Reg; March 17, 2014, Susp. Holmes Beach, City of, 125114 July 10, 1970, ......do.............. Do. Manatee County. Emerg; June 11, 1971, Reg; March 17, 2014, Susp. Indialantic, Town of, 125115 October 29, 1971, ......do.............. Do. Brevard County. Emerg; August 18, 1972, Reg; March 17, 2014, Susp. Keystone Heights, City of, 120671 N/A, Emerg; ......do.............. Do. Clay County. November 13, 1998, Reg; March 17, 2014, Susp. Longboat Key, Town of, 125126 April 30, 1970, ......do.............. Do. Manatee and Sarasota Emerg; July 30, Counties. 1971, Reg; March 17, 2014, Susp. Malabar, Town of, Brevard 120024 August 28, 1974, ......do.............. Do. County. Emerg; September 28, 1979, Reg; March 17, 2014, Susp. Manatee County, 120153 June 25, 1971, ......do.............. Do. Unincorporated Areas. Emerg; June 25, 1971, Reg; March 17, 2014, Susp. Melbourne, City of, 120025 August 30, 1974, ......do.............. Do. Brevard County. Emerg; July 1, 1979, Reg; March 17, 2014, Susp. [[Page 6835]] Melbourne Beach, Town of, 125128 January 15, 1971, ......do.............. Do. Brevard County. Emerg; November 24, 1972, Reg; March 17, 2014, Susp. Melbourne Village, Town 120329 August 26, 1974, ......do.............. Do. of, Brevard County. Emerg; November 15, 1979, Reg; March 17, 2014, Susp. Orange Park, City of, Clay 120066 June 6, 1975, ......do.............. Do. County. Emerg; March 18, 1980, Reg; March 17, 2014, Susp. Palm Bay, City of, Brevard 120404 July 31, 1975, ......do.............. Do. County. Emerg; September 3, 1980, Reg; March 17, 2014, Susp. Palm Shores, Town of, 120612 N/A, Emerg; March ......do.............. Do. Brevard County. 27, 1995, Reg; March 17, 2014, Susp. Palmetto, City of, Manatee 120159 April 25, 1975, ......do.............. Do. County. Emerg; September 2, 1981, Reg; March 17, 2014, Susp. Penney Farms, Town of, 120059 November 15, 2010, ......do.............. Do. Clay County. Emerg; N/A, Reg; March 17, 2014, Susp. Rockledge, City of, 120027 June 18, 1974, ......do.............. Do. Brevard County. Emerg; November 15, 1979, Reg; March 17, 2014, Susp. Satellite Beach, City of, 120028 October 20, 1972, ......do.............. Do. Brevard County. Emerg; February 13, 1976, Reg; March 17, 2014, Susp. Titusville, City of, 125152 March 12, 1971, ......do.............. Do. Brevard County. Emerg; June 16, 1972, Reg; March 17, 2014, Susp. West Melbourne, City of, 120335 January 31, 1975, ......do.............. Do. Brevard County. Emerg; March 18, 1980, Reg; March 17, 2014, Susp. Georgia: Covington, City of, Newton 130144 April 23, 1975, ......do.............. Do. County. Emerg; March 2, 1983, Reg; March 17, 2014, Susp. Newton County, 130143 May 23, 1977, ......do.............. Do. Unincorporated Areas. Emerg; July 5, 1983, Reg; March 17, 2014, Susp. Oxford, Town of, Newton 130367 June 26, 2006, ......do.............. Do. County. Emerg; September 5, 2007, Reg; March 17, 2014, Susp. Porterdale, City of, 130145 July 31, 1975, ......do.............. Do. Newton County. Emerg; January 19, 1983, Reg; March 17, 2014, Susp. Region V Indiana: Cumberland, Town of, 180510 N/A, Emerg; March ......do.............. Do. Hancock County. 10, 1993, Reg; March 17, 2014, Susp. Fortville, Town of, 180372 N/A, Emerg; May ......do.............. Do. Hancock County. 13, 2009, Reg; March 17, 2014, Susp. Hancock County, 180419 April 21, 1975, ......do.............. Do. Unincorporated Areas. Emerg; October 15, 1982, Reg; March 17, 2014, Susp. Jay County, Unincorporated 180440 April 9, 1996, ......do.............. Do. Areas. Emerg; N/A, Reg; March 17, 2014, Susp. McCordsville, Town of, 180468 N/A, Emerg; March ......do.............. Do. Hancock County. 18, 2005, Reg; March 17, 2014, Susp. Portland, City of, Jay 185178 September 24, ......do.............. Do. County. 1971, Emerg; May 12, 1972, Reg; March 17, 2014, Susp. Wisconsin: Ashwaubenon, Village of, 550600 September 28, ......do.............. Do. Brown County. 1979, Emerg; September 28, 1979, Reg; March 17, 2014, Susp. Brown County, 550020 March 10, 1972, ......do.............. Do. Unincorporated Areas. Emerg; April 17, 1978, Reg; March 17, 2014, Susp. Green Bay, City of, Brown 550022 August 30, 1974, ......do.............. Do. County. Emerg; September 30, 1977, Reg; March 17, 2014, Susp. Hawkins, Village of, Rusk 550373 August 30, 1974, ......do.............. Do. County. Emerg; July 15, 1988, Reg; March 17, 2014, Susp. Hobart, Village of, Brown 550626 N/A, Emerg; May 3, ......do.............. Do. County. 2005, Reg; March 17, 2014, Susp. Howard, Village of, Brown 550023 March 8, 1976, ......do.............. Do. and Outagamie Counties. Emerg; February 17, 1982, Reg; March 17, 2014, Susp. Ingram, Village of, Rusk 550374 July 11, 1979, ......do.............. Do. County. Emerg; January 2, 1987, Reg; March 17, 2014, Susp. Ladysmith, City of, Rusk 550375 February 14, 1974, ......do.............. Do. County. Emerg; September 1, 1978, Reg; March 17, 2014, Susp. Rusk County, 550602 May 31, 1988, ......do.............. Do. Unincorporated Areas. Emerg; May 31, 1988, Reg; March 17, 2014, Susp. Suamico, Village of, Brown 550660 N/A, Emerg; May ......do.............. Do. County. 24, 2004, Reg; March 17, 2014, Susp. Region VI Texas: Kingsville, City of, 480424 February 26, 1971, ......do.............. Do. Kleberg County. Emerg; February 26, 1971, Reg; March 17, 2014, Susp. [[Page 6836]] Kleberg County, 480423 August 13, 1971, ......do.............. Do. Unincorporated Areas. Emerg; August 13, 1971, Reg; March 17, 2014, Susp. Region IX California: Corte Madera, Town of, 065023 July 17, 1970, ......do.............. Do. Marin County. Emerg; December 15, 1977, Reg; March 17, 2014, Susp. Fairfax, Town of, Marin 060175 October 9, 1973, ......do.............. Do. County. Emerg; January 5, 1978, Reg; March 17, 2014, Susp. Larkspur, City of, Marin 065040 October 23, 1970, ......do.............. Do. County. Emerg; March 15, 1984, Reg; March 17, 2014, Susp. Ross, Town of, Marin 060179 September 18, ......do.............. Do. County. 1974, Emerg; February 4, 1981, Reg; March 17, 2014, Susp. San Anselmo, Town of, 060180 October 24, 1973, ......do.............. Do. Marin County. Emerg; December 1, 1977, Reg; March 17, 2014, Susp. Region X Alaska: Fairbanks North Star 025009 May 15, 1970, ......do.............. Do. Borough. Emerg; May 15, 1970, Reg; March 17, 2014, Susp. Oregon: Bandon, City of, 410043 October 11, 1974, ......do.............. Do. Coos County. Emerg; August 15, 1984, Reg; March 17, 2014, Susp. Coos Bay, City of, Coos 410044 August 23, 1974, ......do.............. Do. County. Emerg; August 1, 1984, Reg; March 17, 2014, Susp. Coos County, 410042 July 7, 1975, ......do.............. Do. Unincorporated Areas. Emerg; November 15, 1984, Reg; March 17, 2014, Susp. Coquille, City of, Coos 410045 April 29, 1975, ......do.............. Do. County. Emerg; September 28, 1984, Reg; March 17, 2014, Susp. Lakeside, City of, Coos 410278 June 2, 1975, ......do.............. Do. County. Emerg; August 1, 1984, Reg; March 17, 2014, Susp. Myrtle Point, City of, 410047 January 30, 1975, ......do.............. Do. Coos County. Emerg; July 16, 1984, Reg; March 17, 2014, Susp. North Bend, City of, Coos 410048 June 4, 1975, ......do.............. Do. County. Emerg; August 1, 1984, Reg; March 17, 2014, Susp. Powers, City of, Coos 410049 August 6, 1975, ......do.............. Do. County. Emerg; June 30, 1976, Reg; March 17, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- *do = Ditto. Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension. Dated: January 27, 2014. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2014-02400 Filed 2-4-14; 8:45 am] BILLING CODE 9110-12-P