[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79324-79327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31155]


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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-8315]


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.

[[Page 79325]]

    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:

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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 I
Massachusetts:
    Marion, Town of, Plymouth          255213  October 8, 1971,   Feb. 5, 2014..........  Feb. 5, 2014.
     County.                                    Emerg; April 6,
                                                1973, Reg;
                                                February 5,
                                                2014, Susp.
    Mattapoisett, Town of,             255214  June 18, 1971,     ......do..............   Do.
     Plymouth County.                           Emerg; March 16,
                                                1973, Reg;
                                                February 5,
                                                2014, Susp.
    Wareham, Town of, Plymouth         255223  July 10, 1970,     ......do..............   Do.
     County.                                    Emerg; May 28,
                                                1971, Reg;
                                                February 5,
                                                2014, Susp.
 
           Region III
Pennsylvania:
    Armstrong, Township of,            420635  March 30, 1973,    ......do..............   Do.
     Lycoming County.                           Emerg; September
                                                28, 1979, Reg;
                                                February 5,
                                                2014, Susp.
    Duboistown, Borough of,            420639  December 22,       ......do..............   Do.
     Lycoming County.                           1972, Emerg;
                                                March 1, 1977,
                                                Reg; February 5,
                                                2014, Susp.
    Loyalsock, Township of,            421040  February 5, 1974,  ......do..............   Do.
     Lycoming County.                           Emerg; May 16,
                                                1977, Reg;
                                                February 5,
                                                2014, Susp.
    Montoursville, Borough of,         420648  February 9, 1973,  ......do..............   Do.
     Lycoming County.                           Emerg; August
                                                15, 1977, Reg;
                                                February 5,
                                                2014, Susp.
    Old Lycoming, Township of,         420652  January 19, 1973,  ......do..............   Do.
     Lycoming County.                           Emerg; April 15,
                                                1977, Reg;
                                                February 5,
                                                2014, Susp.
    South Williamsport, Borough        420658  January 7, 1974,   ......do..............   Do.
     of, Lycoming County.                       Emerg; April 15,
                                                1977, Reg;
                                                February 5,
                                                2014, Susp.
    Susquehanna, Township of,          420659  April 19, 1973,    ......do..............   Do.
     Lycoming County.                           Emerg; September
                                                28, 1979, Reg;
                                                February 5,
                                                2014, Susp.
    Williamsport, City of,             420662  November 24,       ......do..............   Do.
     Lycoming County.                           1972, Emerg;
                                                December 1,
                                                1977, Reg;
                                                February 5,
                                                2014, Susp.
    Woodward, Township of,             420664  June 4, 1973,      ......do..............   Do.
     Lycoming County.                           Emerg; September
                                                28, 1979, Reg;
                                                February 5,
                                                2014, Susp.
 
           Region IV
 
Alabama:
    Montgomery, City of,               010174  February 12,       ......do..............   Do.
     Montgomery County.                         1974, Emerg;
                                                January 20,
                                                1982, Reg;
                                                February 5,
                                                2014, Susp.
    Montgomery County,                 010278  October 22, 1975,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; January
                                                6, 1982, Reg;
                                                February 5,
                                                2014, Susp.
    Pike Road, Town of,                010433  May 29, 2003,      ......do..............   Do.
     Montgomery County.                         Emerg; August 4,
                                                2003, Reg;
                                                February 5,
                                                2014, Susp.
Florida:
    Jefferson County,                  120331  April 21, 1978,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; July 16,
                                                1991, Reg;
                                                February 5,
                                                2014, Susp.
    Monticello, City of,               120365  April 9, 1981,     ......do..............   Do.
     Jefferson County.                          Emerg; June 3,
                                                1986, Reg;
                                                February 5,
                                                2014, Susp.
 
            Region V
 
Indiana:
    Clinton, City of,                  180259  June 30, 1975,     ......do..............   Do.
     Vermillion County.                         Emerg; July 1,
                                                1987, Reg;
                                                February 5,
                                                2014, Susp.
    Newport, Town of,                  180262  March 26, 1981,    ......do..............   Do.
     Vermillion County.                         Emerg; June 15,
                                                1981, Reg;
                                                February 5,
                                                2014, Susp.

[[Page 79326]]

 
    Union County,                      180411  October 24, 1984,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1988, Reg;
                                                February 5,
                                                2014, Susp.
    Vermillion County,                 180449  December 1, 1993,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; November
                                                1, 1995, Reg;
                                                February 5,
                                                2014, Susp.
Michigan:
    Broomfield, Township of,           260815  March 22, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; August 5,
                                                1991, Reg;
                                                February 5,
                                                2014, Susp.
    Chippewa, Township of,             260824  August 14, 1989,   ......do..............   Do.
     Isabella County.                           Emerg; January
                                                7, 1998, Reg;
                                                February 5,
                                                2014, Susp.
    Coe, Township of, Isabella         260819  April 24, 1989,    ......do..............   Do.
     County.                                    Emerg; July 16,
                                                1991, Reg;
                                                February 5,
                                                2014, Susp.
    Deerfield, Township of,            260816  March 22, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; January
                                                7, 1998, Reg;
                                                February 5,
                                                2014, Susp.
    Denver, Township of,               260817  March 22, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; July 16,
                                                1991, Reg;
                                                February 5,
                                                2014, Susp.
    Isabella, Township of,             260820  April 24, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; April 16,
                                                1991, Reg;
                                                February 5,
                                                2014, Susp.
    Mount Pleasant, City of,           260104  May 14, 1975,      ......do..............   Do.
     Isabella County.                           Emerg; August
                                                16, 1982, Reg;
                                                February 5,
                                                2014, Susp.
    Nottawa, Township of,              260821  April 24, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; May 2,
                                                1991, Reg;
                                                February 5,
                                                2014, Susp.
    Rolland, Township of,              260422  April 24, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; September
                                                14, 1990, Reg;
                                                February 5,
                                                2014, Susp.
    Sherman, Township of,              260822  April 24, 1989,    ......do..............   Do.
     Isabella County.                           Emerg; October
                                                16, 1991, Reg;
                                                February 5,
                                                2014, Susp.
    Union, Charter Township of,        260812  October 13, 1988,  ......do..............   Do.
     Isabella County.                           Emerg; February
                                                15, 1991, Reg;
                                                February 5,
                                                2014, Susp.
    Vernon, Township of,               260825  September 7,       ......do..............   Do.
     Isabella County.                           1989, Emerg;
                                                February 5,
                                                1992, Reg;
                                                February 5,
                                                2014, Susp.
    Wise, Township of, Isabella        260823  July 18, 1989,     ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1991, Reg;
                                                February 5,
                                                2014, Susp.
Wisconsin:
    Dodge County,                      550094  July 18, 1973,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; June 15,
                                                1981, Reg;
                                                February 5,
                                                2014, Susp.
    Fox Lake, City of, Dodge           550097  August 1, 1975,    ......do..............   Do.
     County.                                    Emerg; March 16,
                                                1981, Reg;
                                                February 5,
                                                2014, Susp.
 
           Region VII
Kansas:
    Kansas City, City of,              200363  December 10,       ......do..............   Do.
     Wyandotte County.                          1974, Emerg;
                                                August 3, 1981,
                                                Reg; February 5,
                                                2014, Susp.
 
          Region VIII
 
Colorado:
    Arvada, City of, Adams and         085072  April 30, 1971,    ......do..............   Do.
     Jefferson County.                          Emerg; June 23,
                                                1972, Reg;
                                                February 5,
                                                2014, Susp.
    Edgewater, City of,                080089  June 6, 1974,      ......do..............   Do.
     Jefferson County.                          Emerg; August
                                                15, 1989, Reg;
                                                February 5,
                                                2014, Susp.
    Golden, City of, Jefferson         080090  June 19, 1975,     ......do..............   Do.
     County.                                    Emerg; May 15,
                                                1985, Reg;
                                                February 5,
                                                2014, Susp.
    Jefferson County,                  080087  July 5, 1973,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; August 5,
                                                1986, Reg;
                                                February 5,
                                                2014, Susp.
    Lakewood, City of,                 085075  April 16, 1971,    ......do..............   Do.
     Jefferson County.                          Emerg; July 21,
                                                1972, Reg;
                                                February 5,
                                                2014, Susp.
    Morrison, Town of,                 080092  September 11,      ......do..............   Do.
     Jefferson County.                          1975, Emerg;
                                                December 1,
                                                1982, Reg;
                                                February 5,
                                                2014, Susp.
    Westminster, City of, Adams        080008  July 13, 1973,     ......do..............   Do.
     and Jefferson County.                      Emerg; September
                                                30, 1988, Reg;
                                                February 5,
                                                2014, Susp.
    Wheat Ridge, City of,              085079  April 16, 1971,    ......do..............   Do.
     Jefferson County.                          Emerg; May 26,
                                                1972, Reg;
                                                February 5,
                                                2014, Susp.
    Wyoming: Fremont County,           560080  July 8, 1975,      ......do..............   Do.
     Unincorporated Areas.                      Emerg; February
                                                1, 1979, Reg;
                                                February 5,
                                                2014, Susp.
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*-do- =Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.



[[Page 79327]]

    Dated: December 11, 2013.
David L. Miller
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-31155 Filed 12-27-13; 8:45 am]
BILLING CODE 9110-12-P