[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)] [Rules and Regulations] [Pages 50561-50563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2014-20066] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-8345] 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 [[Page 50562]] 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 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 V Indiana: Petersburg, City of, Pike 180199 March 6, 1975, September 17, 2014.... September 17, 2014. County. Emerg; August 1, 1987, Reg; September 17, 2014, Susp. Pike County, Unincorporated 180473 May 27, 1997, ......do*............. Do. Areas. Emerg; N/A, Reg; September 17, 2014, Susp. Wisconsin: Cambridge, Village of, Dane 550080 November 28, ......do.............. Do. and Jefferson Counties. 1975, Emerg; June 4, 1980, Reg; September 17, 2014, Susp. [[Page 50563]] Cottage Grove, Village of, 550617 July 11, 2000, ......do.............. Do. Dane County. Emerg; June 17, 2003, Reg; September 17, 2014, Susp. Dane County, Unincorporated 550077 October 20, 1972, ......do.............. Do. Areas. Emerg; September 29, 1978, Reg; September 17, 2014, Susp. Deerfield, Village of, Dane 550623 N/A, Emerg; ......do.............. Do. County. January 13, 2010, Reg; September 17, 2014, Susp. DeForest, Village of, Dane 550082 April 16, 1975, ......do.............. Do. County. Emerg; September 1, 1978, Reg; September 17, 2014, Susp. Edgerton, City of, Dane and 550365 June 17, 1975, ......do.............. Do. Rock Counties. Emerg; April 15, 1982, Reg; September 17, 2014, Susp. Fitchburg, City of, Dane 550610 N/A, Emerg; ......do.............. Do. County. August 23, 2001, Reg; September 17, 2014, Susp. Madison, City of, Dane 550083 July 17, 1975, ......do.............. Do. County. Emerg; September 30, 1980, Reg; September 17, 2014, Susp. Maple Bluff, Village of, 550618 N/A, Emerg; ......do.............. Do. Dane County. January 15, 2009, Reg; September 17, 2014, Susp. Marshall, Village of, Dane 550084 July 15, 1975, ......do.............. Do. County. Emerg; December 16, 1980, Reg; September 17, 2014, Susp. McFarland, Village of, Dane 550086 April 17, 1975, ......do.............. Do. County. Emerg; June 15, 1978, Reg; September 17, 2014, Susp. Middleton, City of, Dane 550087 June 27, 1974, ......do.............. Do. County. Emerg; May 1, 1980, Reg; September 17, 2014, Susp. Monona, City of, Dane 550088 March 25, 1975, ......do.............. Do. County. Emerg; June 15, 1978, Reg; September 17, 2014, Susp. Oregon, Village of, Dane 550089 May 28, 1974, ......do.............. Do. County. Emerg; September 30, 1980, Reg; September 17, 2014, Susp. Rockdale, Village of, Dane 550090 August 15, 1975, ......do.............. Do. County. Emerg; December 16, 1980, Reg; September 17, 2014, Susp. Stoughton, City of, Dane 550091 April 15, 1975, ......do.............. Do. County. Emerg; June 15, 1978, Reg; September 17, 2014, Susp. Sun Prairie, City of, Dane 550573 N/A, Emerg; ......do.............. Do. County. December 11, 1995, Reg; September 17, 2014, Susp. Waunakee, Village of, Dane 550093 May 29, 1975, ......do.............. Do. County. Emerg; May 1, 1978, Reg; September 17, 2014, Susp. Region VI Texas: Edna, City of, 485465 January 29, 1971, ......do.............. Do. Jackson County. Emerg; November 12, 1971, Reg; September 17, 2014, Susp. Ganado, City of, Jackson 480381 April 22, 1975, ......do.............. Do. County. Emerg; September 28, 1979, Reg; September 17, 2014, Susp. ---------------------------------------------------------------------------------------------------------------- * do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: July 30, 2014. David L. Miller, Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2014-20066 Filed 8-22-14; 8:45 am] BILLING CODE 9110-12-P