[Federal Register Volume 79, Number 54 (Thursday, March 20, 2014)]
[Rules and Regulations]
[Pages 15542-15544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06090]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8325]
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: 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
[[Page 15543]]
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:
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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 V
Indiana:
Aurora, City of, Dearborn 185172 January 19, 1973, April 16, 2014........ April 16, 2014
County. Emerg; April 6,
1973, Reg; April
16, 2014, Susp.
Borden, Town of, Clark 180464 December 17, 1990, ......do.............. Do.
County. Emerg; N/A, Reg;
April 16, 2014,
Susp.
Charlestown, City of, Clark 180025 October 16, 1975, ......do.............. Do.
County. Emerg; November
15, 1979, Reg;
April 16, 2014,
Susp.
Clark County, 180426 September 15, ......do.............. Do.
Unincorporated Areas. 1975, Emerg;
September 30,
1980, Reg; April
16, 2014, Susp.
Clarksville, Town of, Clark 180026 October 15, 1971, ......do.............. Do.
County. Emerg; August 3,
1981, Reg; April
16, 2014, Susp.
Dearborn County, 180038 April 3, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
16, 1982, Reg;
April 16, 2014,
Susp.
Floyd County, 180432 December 2, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; January 2,
1981, Reg; April
16, 2014, Susp.
Greendale, City of, 180040 March 19, 1975, ......do.............. Do.
Dearborn County. Emerg; September
16, 1982, Reg;
April 16, 2014,
Susp.
Jeffersonville, City of, 180027 June 20, 1974, ......do.............. Do.
Clark County. Emerg; August 1,
1979, Reg; April
16, 2014, Susp.
Lawrenceburg, City of, 180041 December 27, 1974, ......do.............. Do.
Dearborn County. Emerg; September
16, 1982, Reg;
April 16, 2014,
Susp.
New Albany, City of, Floyd 180062 October 1, 1971, ......do.............. Do.
County. Emerg; December
17, 1976, Reg;
April 16, 2014,
Susp.
Patriot, Town of, 180309 May 5, 1975, ......do.............. Do.
Switzerland County. Emerg; December
4, 1979, Reg;
April 16, 2014,
Susp.
Sellersburg, Town of, Clark 180028 August 14, 1975, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; April
16, 2014, Susp.
Switzerland County, 180251 April 1, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; January
16, 1980, Reg;
April 16, 2014,
Susp.
Utica, Town of, Clark 180487 February 12, 1982, ......do.............. Do.
County. Emerg; February
12, 1982, Reg;
April 16, 2014,
Susp.
Vevay, Town of, Switzerland 180352 April 1, 1975, ......do.............. Do.
County. Emerg; December
4, 1979, Reg;
April 16, 2014,
Susp.
West Harrison, Town of, 180042 October 1, 1975, ......do.............. Do.
Dearborn County. Emerg; January
17, 1985, Reg;
April 16, 2014,
Susp.
Ohio:
Belpre, City of, Washington 390567 April 18, 1975, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; April
16, 2014, Susp.
Beverly, Village of, 390568 March 25, 1975, ......do.............. Do.
Washington County. Emerg; August 1,
1980, Reg; April
16, 2014, Susp.
Lowell, Village of, 390569 April 9, 1975, ......do.............. Do.
Washington County. Emerg; August 15,
1980, Reg; April
16, 2014, Susp.
Lower Salem, Village of, 390570 February 24, 1975, ......do.............. Do.
Washington County. Emerg; November
5, 1980, Reg;
April 16, 2014,
Susp.
Macksburg, Village of, 390571 April 23, 1975, ......do.............. Do.
Washington County. Emerg; August 15,
1980, Reg; April
16, 2014, Susp.
Marietta, City of, 390572 June 4, 1975, ......do.............. Do.
Washington County. Emerg; February
18, 1981, Reg;
April 16, 2014,
Susp.
[[Page 15544]]
Washington County, 390566 December 24, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; February
18, 1981, Reg;
April 16, 2014,
Susp.
Wisconsin:
Altoona, City of, Eau 550126 January 31, 1975, ......do.............. Do.
Claire County. Emerg; February
18, 2009, Reg;
April 16, 2014,
Susp.
Chippewa County, 555549 March 26, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; June 22,
1973, Reg; April
16, 2014, Susp.
Eau Claire, City of, 550128 March 19, 1971, ......do.............. Do.
Chippewa and Eau Claire Emerg; June 1,
Counties. 1977, Reg; April
16, 2014, Susp.
Eau Claire County, 555552 May 28, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; January
12, 1973, Reg;
April 16, 2014,
Susp.
Region VI
Texas:
Bullard, City of, Smith 480568 June 11, 1975, ......do.............. Do.
County. Emerg; April 24,
1979, Reg; April
16, 2014, Susp.
Hideaway, City of, Smith 480200 N/A, Emerg; ......do.............. Do.
County. December 31,
2008, Reg; April
16, 2014, Susp.
Lexington, Town of, Lee 480902 N/A, Emerg; July ......do.............. Do.
County. 19, 2012, Reg;
April 16, 2014,
Susp.
Lindale, City of, Smith 480569 N/A, Emerg; March ......do.............. Do.
County. 6, 2009, Reg;
April 16, 2014,
Susp.
Smith County, 481185 January 5, 1979, ......do.............. Do.
Unincorporated Areas. Emerg; July 2,
1981, Reg; April
16, 2014, Susp.
Tyler, City of, Smith 480571 August 5, 1974, ......do.............. Do.
County. Emerg; August 1,
1980, Reg; April
16, 2014, Susp.
Region VII
Iowa:
Muscatine, City of, 190213 January 15, 1974, ......do.............. Do.
Muscatine County. Emerg; January 5,
1978, Reg; April
16, 2014, Susp.
Muscatine County, 190836 April 8, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; October
17, 1986, Reg;
April 16, 2014,
Susp.
Nebraska:
Clarkson, City of, Colfax 310359 December 5, 1977, ......do.............. Do.
County. Emerg; December
18, 1986, Reg;
April 16, 2014,
Susp.
Colfax County, 310426 March 31, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; February
1, 1987, Reg;
April 16, 2014,
Susp.
Howells, Village of, Colfax 310380 May 22, 1978, ......do.............. Do.
County. Emerg; June 2,
1981, Reg; April
16, 2014, Susp.
Leigh, Village of, Colfax 310386 August 25, 1975, ......do.............. Do.
County. Emerg; July 1,
1987, Reg; April
16, 2014, Susp.
Rogers, Village of, Colfax 315497 November 30, 1990, ......do.............. Do.
County. Emerg; September
17, 1992, Reg;
April 16, 2014,
Susp.
Schuyler, City of, Colfax 310046 August 30, 1974, ......do.............. Do.
County. Emerg; March 5,
1990, Reg; April
16, 2014, Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: March 7, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation
Administration, Department of Homeland Security, Federal Emergency
Management Agency.
[FR Doc. 2014-06090 Filed 3-19-14; 8:45 am]
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