[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Rules and Regulations]
[Pages 75485-75488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29658]


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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-8313]


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: 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.

[[Page 75486]]

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/
                                                 cancellation of    Current effective map   Date certain federal
      State and location        Community  No.    sale of flood             date            assistance no longer
                                                   insurance in                              available in SFHAs
                                                    community
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          Region III
Pennsylvania: Allegheny,                422529  August 5, 1981,    Jan. 16, 2014.........  Jan. 16, 2014.
 Township of, Venango County.                    Emerg; September
                                                 10, 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Canal, Township of,                 422108  May 9, 1979,       ......do *............   Do.
     Venango County.                             Emerg; February
                                                 6, 1991, Reg;
                                                 January 16,
                                                 2014, Susp.
    Clinton, Township of,               422531  February 18,       ......do..............   Do.
     Venango County.                             1976, Emerg;
                                                 September 10,
                                                 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Clintonville, Borough of,           422532  December 17,       ......do..............   Do.
     Venango County.                             1976, Emerg;
                                                 September 10,
                                                 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Cooperstown, Borough of,            420835  July 7, 1975,      ......do..............   Do.
     Venango County.                             Emerg; February
                                                 6, 1991, Reg;
                                                 January 16,
                                                 2014, Susp.
    Cornplanter, Township of,           422533  July 7, 1975,      ......do..............   Do.
     Venango County.                             Emerg; May 19,
                                                 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    Emlenton, Borough of,               422107  July 23, 1975,     ......do..............   Do.
     Venango County.                             Emerg; June 30,
                                                 1976, Reg;
                                                 January 16,
                                                 2014, Susp.
    Franklin, City of, Venango          420836  April 19, 1973,    ......do..............   Do.
     County.                                     Emerg; September
                                                 29, 1978, Reg;
                                                 January 16,
                                                 2014, Susp.
    French Creek, Township of,          422110  February 17,       ......do..............   Do.
     Venango County.                             1977, Emerg; May
                                                 19, 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    Irwin, Township of,                 422534  N/A, Emerg; April  ......do..............   Do.
     Venango County.                             29, 2009, Reg;
                                                 January 16,
                                                 2014, Susp.
    Jackson, Township of,               422535  March 8, 1977,     ......do..............   Do.
     Venango County.                             Emerg; August
                                                 19, 1991, Reg;
                                                 January 16,
                                                 2014, Susp.
    Mineral, Township of,               422536  May 9, 1979,       ......do..............   Do.
     Venango County.                             Emerg; January
                                                 1, 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    Oakland, Township of,               422111  February 28,       ......do..............   Do.
     Venango County.                             1977, Emerg;
                                                 February 1,
                                                 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    Oil City, City of, Venango          420837  August 18, 1972,   ......do..............   Do.
     County.                                     Emerg; July 5,
                                                 1977, Reg;
                                                 January 16,
                                                 2014, Susp.
    Oil Creek, Township of,             422537  March 17, 1976,    ......do..............   Do.
     Venango County.                             Emerg. October
                                                 1, 1986, Reg;
                                                 January 16,
                                                 2014, Susp.
    Pinegrove, Township of              422538  January 14, 1980,  ......do..............   Do.
     Venango County.                             Emerg; September
                                                 10, 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Plum, Township of, Venango          422539  March 1, 1977,     ......do..............   Do.
     County.                                     Emerg; September
                                                 10, 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Polk, Borough of, Venango           420838  July 10, 1975,     ......do..............   Do.
     County.                                     Emerg; January
                                                 1, 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    President, Township of,             422112  July 7, 1975,      ......do..............   Do.
     Venango County.                             Emerg; February
                                                 6, 1991, Reg;
                                                 January 16,
                                                 2014, Susp.
    Richland, Township of,              422540  February 24,       ......do..............   Do.
     Venango County.                             1977, Emerg;
                                                 September 10,
                                                 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Rockland, Township of,              422113  March 3, 1977,     ......do..............   Do.
     Venango County.                             Emerg; October
                                                 16, 1990, Reg;
                                                 January 16,
                                                 2014, Susp.
    Rouseville, Borough of,             420839  July 11, 1975,     ......do..............   Do.
     Venango County.                             Emerg; May 19,
                                                 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    Sandycreek, Township of,            422541  June 23, 1975,     ......do..............   Do.
     Venango County.                             Emerg; October
                                                 16, 1990, Reg;
                                                 January 16,
                                                 2014, Susp.
    Scrubgrass, Township of,            422542  February 24,       ......do..............   Do.
     Venango County.                             1977, Emerg;
                                                 August 5, 1991,
                                                 Reg; January 16,
                                                 2014, Susp.
    Sugarcreek, Borough of,             420840  July 7, 1975,      ......do..............   Do.
     Venango County.                             Emerg; May 19,
                                                 1987, Reg;
                                                 January 16,
                                                 2014, Susp.
    Utica, Borough of, Venango          420841  February 10,       ......do..............   Do.
     County.                                     1977, Emerg;
                                                 March 4, 1991,
                                                 Reg; January 16,
                                                 2014, Susp.
    Victory, Township of,               422543  February 17,       ......do..............   Do.
     Venango County.                             1977, Emerg;
                                                 September 24,
                                                 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
 
           Region IV
Alabama:
    Brookwood, Town of,                 010431  N/A, Emerg;        ......do..............   Do.
     Tuscaloosa County.                          October 21,
                                                 2008, Reg;
                                                 January 16,
                                                 2014, Susp.
    Coaling, Town of,                   010480  N/A, Emerg; July   ......do..............   Do.
     Tuscaloosa County.                          8, 2008, Reg;
                                                 January 16,
                                                 2014, Susp.

[[Page 75487]]

 
    Coker, Town of, Tuscaloosa          010481  N/A, Emerg;        ......do..............   Do.
     County.                                     August 14, 2008,
                                                 Reg; January 16,
                                                 2014, Susp.
    Lake View, Town of,                 010483  N/A, Emerg; May    ......do..............   Do.
     Jefferson and Tuscaloosa                    8, 2008, Reg;
     Counties.                                   January 16,
                                                 2014, Susp.
    Moundville, Town of, Hale           010096  October 11, 1974,  ......do..............   Do.
     and Tuscaloosa Counties.                    Emerg; July 18,
                                                 1985, Reg;
                                                 January 16,
                                                 2014, Susp.
    Northport, City of,                 010202  June 13, 1973,     ......do..............   Do.
     Tuscaloosa County.                          Emerg; September
                                                 5, 1979, Reg;
                                                 January 16,
                                                 2014, Susp.
    Tuscaloosa, City of,                010203  April 5, 1973,     ......do..............   Do.
     Tuscaloosa County.                          Emerg; February
                                                 1, 1979, Reg;
                                                 January 16,
                                                 2014, Susp.
    Tuscaloosa County,                  010201  N/A, Emerg;        ......do..............   Do.
     Unincorporated Areas.                       August 7, 2001,
                                                 Reg; January 16,
                                                 2014, Susp.
    Vance, Town of, Bibb and            010428  N/A, Emerg; June   ......do..............   Do.
     Tuscaloosa Counties.                        26, 2006, Reg;
                                                 January 16,
                                                 2014, Susp.
    Woodstock, Town of, Bibb            015013  N/A, Emerg;        ......do..............   Do.
     and Tuscaloosa Counties.                    January 30,
                                                 2008, Reg;
                                                 January 16,
                                                 2014, Susp.
    South Carolina: Bowman,             450161  June 27, 1975,     ......do..............   Do.
     Town of, Orangeburg                         Emerg; July 16,
     County.                                     1980, Reg;
                                                 January 16,
                                                 2014, Susp.
    Holly Hill, Town of,                450163  August 19, 1976,   ......do..............   Do.
     Orangeburg County.                          Emerg; July 2,
                                                 1980, Reg;
                                                 January 16,
                                                 2014, Susp.
    Norway, Town of,                    450213  November 11,       ......do..............   Do.
     Orangeburg County.                          1975, Emerg; May
                                                 27, 1977, Reg;
                                                 January 16,
                                                 2014, Susp.
    Orangeburg, City of,                450164  February 28,       ......do..............   Do.
     Orangeburg County.                          1975, Emerg;
                                                 July 16, 1980,
                                                 Reg; January 16,
                                                 2014, Susp.
    Orangeburg County,                  450160  November 26,       ......do..............   Do
     Unincorporated Areas.                       1976, Emerg;
                                                 December 16,
                                                 1980, Reg;
                                                 January 16,
                                                 2014, Susp.
 
           Region V
Indiana:
    Brookville, Town of,                180069  March 13, 1975,    ......do..............   Do.
     Franklin County.                            Emerg; November
                                                 15, 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
    Cedar Grove, Town of,               180304  November 22,       ......do..............   Do.
     Franklin County.                            1975, Emerg;
                                                 August 5, 1986,
                                                 Reg; January 16,
                                                 2014, Susp.
    Laurel, Town of, Franklin           180306  May 27, 1975,      ......do..............   Do.
     County.                                     Emerg; September
                                                 1, 1988, Reg;
                                                 January 16,
                                                 2014, Susp.
 
          Region VII
Kansas:
    Miami County,                       200220  November 6, 1995,  ......do..............   Do.
     Unincorporated Areas.                       Emerg; December
                                                 1, 2006, Reg;
                                                 January 16,
                                                 2014, Susp.
    Osawatomie, City of, Miami          200223  June 13, 1974,     ......do..............   Do.
     County.                                     Emerg; September
                                                 19, 1984, Reg;
                                                 January 16,
                                                 2014, Susp.
 
          Region VIII
Wyoming:
    Dayton, Town of, Sheridan           560045  May 28, 1975,      ......do..............   Do.
     County.                                     Emerg; August 1,
                                                 2008, Reg;
                                                 January 16,
                                                 2014, Susp.
    Ranchester, Town of,                560046  May 8, 1978,       ......do..............   Do.
     Sheridan County.                            Emerg; April 15,
                                                 1988, Reg;
                                                 January 16,
                                                 2014, Susp.
    Sheridan, City of,                  560044  November 29,       ......do..............   Do.
     Sheridan County.                            1974, Emerg;
                                                 September 1,
                                                 1978, Reg;
                                                 January 16,
                                                 2014, Susp.
    Sheridan County,                    560047  September 25,      ......do..............   Do.
     Unincorporated Areas.                       1979, Emerg;
                                                 August 1, 1986,
                                                 Reg; January 16,
                                                 2014, Susp.
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* -do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 75488]]

    Dated: November 25, 2013.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-29658 Filed 12-11-13; 8:45 am]
BILLING CODE 9110-12-P