[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
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 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.
----------------------------------------------------------------------------------------------------------------
*-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