[Federal Register Volume 79, Number 54 (Thursday, March 20, 2014)]
[Rules and Regulations]
[Pages 15542-15544]
From the Federal Register Online via the Government Printing 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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