[Federal Register Volume 79, Number 16 (Friday, January 24, 2014)]
[Rules and Regulations]
[Pages 4085-4089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-01371]


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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-8317]


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

[[Page 4086]]

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:

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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
----------------------------------------------------------------------------------------------------------------
                                                   Region III
----------------------------------------------------------------------------------------------------------------
Pennsylvania: Albion, Borough         422409  July 24, 1975,      February 19, 2014.....  February 19, 2014.
 of, Erie County.                              Emerg; June 19,
                                               1989, Reg;
                                               February 19,
                                               2014, Susp.
Amity, Township of, Erie              421360  August 6, 1975,     ...do*................  Do.
 County.                                       Emerg; November
                                               4, 1988, Reg;
                                               February 19,
                                               2014, Susp.
Concord, Township of, Erie            422410  January 27, 1976,   ...do.................  Do.
 County.                                       Emerg; November
                                               5, 1982, Reg;
                                               February 19,
                                               2014, Susp.
Conneaut, Township of, Erie           421361  July 9, 1979,       ...do.................  Do.
 County.                                       Emerg; November
                                               15, 1989, Reg;
                                               February 19,
                                               2014, Susp.
Corry, City of, Erie County.          420447  July 11, 1973,      ...do.................  Do.
                                               Emerg; February
                                               15, 1978, Reg;
                                               February 19,
                                               2014, Susp.
Cranesville, Borough of, Erie         421356  August 22, 1975,    ...do.................  Do.
 County.                                       Emerg; June 19,
                                               1989, Reg;
                                               February 19,
                                               2014, Susp.
Edinboro, Borough of, Erie            420448  January 21, 1975,   ...do.................  Do.
 County.                                       Emerg; June 15,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Elgin, Borough of, Erie County.       422411  October 14, 1975,   ...do.................  Do.
                                               Emerg; September
                                               28, 1979, Reg;
                                               February 19,
                                               2014, Susp.
Elk Creek, Township of, Erie          422412  January 20, 1976,   ...do.................  Do.
 County.                                       Emerg; June 19,
                                               1989, Reg;
                                               February 19,
                                               2014, Susp.
Erie, City of, Erie County.           420449  April 26, 1973,     ...do.................  Do.
                                               Emerg; March 1,
                                               1979, Reg;
                                               February 19,
                                               2014, Susp.
Fairview, Township of, Erie           420450  September 10,       ...do.................  Do.
 County.                                       1973, Emerg;
                                               September 29,
                                               1978, Reg;
                                               February 19,
                                               2014, Susp.
Franklin, Township of, Erie           421362  February 13, 1976,  ...do.................  Do.
 County.                                       Emerg; October 1,
                                               1986, Reg;
                                               February 19,
                                               2014, Susp.
Girard, Borough of, Erie              422413  July 18, 1975,      ...do.................  Do.
 County.                                       Emerg; June 30,
                                               1976, Reg;
                                               February 19,
                                               2014, Susp.
Girard, Township of, Erie             421363  August 20, 1975,    ...do.................  Do.
 County.                                       Emerg; June 30,
                                               1976, Reg;
                                               February 19,
                                               2014, Susp.
Greene, Township of, Erie             421364  February 13, 1976,  ...do.................  Do.
 County.                                       Emerg; December
                                               1, 1986, Reg;
                                               February 19,
                                               2014, Susp.
Harborcreek, Township of, Erie        421144  April 9, 1974,      ...do.................  Do.
 County.                                       Emerg; September
                                               17, 1980, Reg;
                                               February 19,
                                               2014, Susp.
Lake City, Borough of, Erie           422414  September 11,       ...do.................  Do
 County.                                       1975, Emerg; June
                                               30, 1976, Reg;
                                               February 19,
                                               2014, Susp.
Lawrence Park, Township of,           420451  June 1, 1973,       ...do.................  Do.
 Erie County.                                  Emerg; September
                                               29, 1978, Reg;
                                               February 19,
                                               2014, Susp.
LeBoeuf, Township of, Erie            422415  October 15, 1975,   ...do.................  Do.
 County.                                       Emerg; May 15,
                                               1984, Reg;
                                               February 19,
                                               2014, Susp.
McKean, Borough of, Erie              422416  November 5, 1973,   ...do.................  Do.
 County.                                       Emerg; September
                                               30, 1977, Reg;
                                               February 19,
                                               2014, Susp.
McKean, Township of, Erie             422623  April 2, 1975,      ...do.................  Do.
 County.                                       Emerg; July 16,
                                               1980, Reg;
                                               February 19,
                                               2014, Susp.

[[Page 4087]]

 
Mill Village, Borough of, Erie        422417  February 18, 1976,  ...do.................  Do.
 County.                                       Emerg; May 19,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Millcreek, Township of, Erie          420452  April 16, 1973,     ...do.................  Do.
 County.                                       Emerg; April 16,
                                               1979, Reg;
                                               February 19,
                                               2014, Susp.
North East, Borough of, Erie          421359  April 29, 1975,     ...do.................  Do.
 County.                                       Emerg; February
                                               4, 1981, Reg;
                                               February 19,
                                               2014, Susp.
North East, Township of, Erie         421368  October 29, 1974,   ...do.................  Do.
 County.                                       Emerg; May 19,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Springfield, Township of, Erie        421369  December 2, 1975,   ...do.................  Do.
 County.                                       Emerg; December
                                               1, 1982, Reg;
                                               February 19,
                                               2014, Susp.
Summit, Township of, Erie             422418  October 15, 1975,   ...do.................  Do.
 County.                                       Emerg; September
                                               16, 1981, Reg;
                                               February 19,
                                               2014, Susp.
Union, Township of, Erie              421370  February 18, 1976,  ...do.................  Do.
 County.                                       Emerg; September
                                               16, 1981, Reg;
                                               February 19,
                                               2014, Susp.
Union City, Borough of, Erie          420453  April 16, 1974,     ...do.................  Do.
 County.                                       Emerg; September
                                               28, 1979, Reg;
                                               February 19,
                                               2014, Susp.
Venango, Township of, Erie            421371  September 10,       ...do.................  Do.
 County.                                       1975, Emerg;
                                               September 30,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Washington, Township of, Erie         421372  June 5, 1975,       ...do.................  Do.
 County.                                       Emerg; May 19,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Waterford, Township of, Erie          422419  March 22, 1976,     ...do.................  Do.
 County.                                       Emerg; February
                                               17, 1982, Reg;
                                               February 19,
                                               2014, Susp.
Wattsburg, Borough of, Erie           420455  November 11, 1975,  ...do.................  Do.
 County.                                       Emerg; May 19,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Wayne, Township of, Erie              421373  March 6, 1975,      ...do.................  Do.
 County.                                       Emerg; December
                                               14, 1979, Reg;
                                               February 19,
                                               2014, Susp.
Wesleyville, Borough of, Erie         420456  March 19, 1975,     ...do.................  Do.
 County.                                       Emerg; July 16,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
West Virginia: Barboursville,         540017  May 13, 1975,       ...do.................  Do.
 Village of, Cabell County.                    Emerg; June 3,
                                               1988, Reg;
                                               February 19,
                                               2014, Susp.
Cabell County, Unincorporated         540016  May 3, 1976,        ...do.................  Do.
 Areas.                                        Emerg; September
                                               30, 1987, Reg;
                                               February 19,
                                               2014, Susp.
Huntington, City of, Cabell and       540018  September 27,       ...do.................  Do.
 Wayne Counties.                               1973, Emerg;
                                               August 17, 1981,
                                               Reg; February 19,
                                               2014, Susp.
----------------------------------------------------------------------------------------------------------------
                                                    Region IV
----------------------------------------------------------------------------------------------------------------
Florida: Daytona Beach, City          125099  September 11,       ...do.................  Do.
 of, Volusia County.                           1970, Emerg;
                                               September 7,
                                               1973, Reg;
                                               February 19,
                                               2014, Susp.
Daytona Beach Shores, City of,        125100  January 29, 1971,   ...do.................  Do.
 Volusia County.                               Emerg; September
                                               7, 1973, Reg;
                                               February 19,
                                               2014, Susp.
Debary, City of, Volusia              120672  May 14, 1971,       ...do.................  Do.
 County.                                       Emerg; November
                                               23, 1973, Reg;
                                               February 19,
                                               2014, Susp.
Deland, City of, Volusia              120307  February 19, 1975,  ...do.................  Do.
 County.                                       Emerg; December
                                               22, 1980, Reg;
                                               February 19,
                                               2014, Susp.
Deltona, City of, Volusia             120677  N/A, Emerg;         ...do.................  Do.
 County.                                       January 22, 1998,
                                               Reg; February 19,
                                               2014, Susp.
Edgewater, City of, Volusia           120308  February 6, 1975,   ...do.................  Do.
 County.                                       Emerg; September
                                               3, 1980, Reg;
                                               February 19,
                                               2014, Susp.
Flagler Beach, City of, Flagler       120087  May 2, 1974,        ...do.................  Do.
 and Volusia County.                           Emerg; May 15,
                                               1985, Reg;
                                               February 19,
                                               2014, Susp.
Holly Hill, City of, Volusia          125112  May 14, 1971,       ...do.................  Do.
 County.                                       Emerg; September
                                               7, 1973, Reg;
                                               February 19,
                                               2014, Susp.
Lake Helen, City of, Volusia          120674  N/A, Emerg; May     ...do.................  Do.
 County.                                       19, 2005, Reg;
                                               February 19,
                                               2014, Susp.
New Smyrna Beach, City of,            125132  May 14, 1971,       ...do.................  Do.
 Volusia County.                               Emerg; December
                                               7, 1973, Reg;
                                               February 19,
                                               2014, Susp.
Oak Hill, City of, Volusia            120624  N/A, Emerg;         ...do.................  Do.
 County.                                       February 21,
                                               1994, Reg;
                                               February 19,
                                               2014, Susp.
Ormond Beach, City of, Volusia        125136  November 20, 1970,  ...do.................  Do.
 County.                                       Emerg; September
                                               7, 1973, Reg;
                                               February 19,
                                               2014, Susp.
Pierson, Town of, Volusia             120675  N/A, Emerg; July    ...do.................  Do.
 County.                                       18, 2007, Reg;
                                               February 19,
                                               2014, Susp.
Ponce Inlet, Town of, Volusia         120312  May 28, 1974,       ...do.................  Do.
 County.                                       Emerg; October 8,
                                               1976, Reg;
                                               February 19,
                                               2014, Susp.
Port Orange, City of, Volusia         120313  July 19, 1974,      ...do.................  Do.
 County.                                       Emerg; May 16,
                                               1977, Reg;
                                               February 19,
                                               2014, Susp.
South Daytona, City of, Volusia       120314  June 18, 1971,      ...do.................  Do.
 County.                                       Emerg; October 3,
                                               1976, Reg;
                                               February 19,
                                               2014, Susp.

[[Page 4088]]

 
Volusia County, Unincorporated        125155  May 14, 1971,       ...do.................  Do.
 Areas.                                        Emerg; November
                                               23, 1973, Reg;
                                               February 19,
                                               2014, Susp.
North Carolina: Charlotte, City       370159  April 12, 1973,     ...do.................  Do.
 of, Mecklenburg County.                       Emerg; August 15,
                                               1978, Reg;
                                               February 19,
                                               2014, Susp.
Indian Trail, Town of, Union          370235  June 14, 1976,      ...do.................  Do.
 County.                                       Emerg; March 21,
                                               1980, Reg;
                                               February 19,
                                               2014, Susp.
Marvin, Village of, Union             370514  N/A, Emerg;         ...do.................  Do.
 County.                                       December 28,
                                               1998, Reg;
                                               February 19,
                                               2014, Susp.
Matthews, Town of, Mecklenburg        370310  January 11, 1995,   ...do.................  Do.
 County.                                       Emerg; February
                                               4, 2004, Reg;
                                               February 19,
                                               2014, Susp.
Mecklenburg County,                   370158  May 17, 1973,       ...do.................  Do.
 Unincorporated Areas.                         Emerg; June 1,
                                               1981, Reg;
                                               February 19,
                                               2014, Susp.
Mint Hill, Town of, Mecklenburg       370539  N/A, Emerg;         ...do.................  Do.
 County.                                       December 21,
                                               2007, Reg;
                                               February 19,
                                               2014, Susp.
Pineville, Town of, Mecklenburg       370160  May 6, 1975,        ...do.................  Do.
 County.                                       Emerg; March 18,
                                               1987, Reg;
                                               February 19,
                                               2014, Susp.
Stallings, Town of, Union             370472  N/A, Emerg; April   ...do.................  Do.
 County.                                       5, 1994, Reg;
                                               February 19,
                                               2014, Susp.
Union County, Unincorporated          370234  August 9, 1974,     ...do.................  Do.
 Areas.                                        Emerg; July 18,
                                               1983, Reg;
                                               February 19,
                                               2014, Susp.
Weddington, Town of, Union            370518  N/A, Emerg; May 3,  ...do.................  Do.
 County.                                       1999, Reg;
                                               February 19,
                                               2014, Susp.
----------------------------------------------------------------------------------------------------------------
                                                    Region V
----------------------------------------------------------------------------------------------------------------
Michigan: Hillsdale, City of,         260086  May 12, 1975,       ...do.................  Do.
 Hillsdale County..                            Emerg; January 6,
                                               1988, Reg;
                                               February 19,
                                               2014, Susp.
Litchfield, City of, Hillsdale        260409  July 25, 1975,      ...do.................  Do.
 County.                                       Emerg; February
                                               4, 1987, Reg;
                                               February 19,
                                               2014, Susp.
Reading, Township of, Hillsdale       260410  March 27, 1996,     ...do.................  Do.
 County.                                       Emerg; N/A, Reg;
                                               February 19,
                                               2014, Susp.
Wisconsin: Delafield, City of,        550479  July 15, 1975,      ...do.................  Do.
 Waukesha County.                              Emerg; August 15,
                                               1983, Reg;
                                               February 19,
                                               2014, Susp.
Dousman, Village of, Waukesha         550480  June 30, 1975,      ...do.................  Do.
 County.                                       Emerg; April 17,
                                               1987, Reg;
                                               February 19,
                                               2014, Susp.
Hartland, Village of, Waukesha        550481  July 25, 1975,      ...do.................  Do.
 County.                                       Emerg; December
                                               1, 1982, Reg;
                                               February 19,
                                               2014, Susp.
Merton, Village of, Waukesha          550484  July 21, 1975,      ...do.................  Do.
 County.                                       Emerg; August 3,
                                               1989, Reg;
                                               February 19,
                                               2014, Susp.
Nashotah, Village of, Waukesha        550149  N/A, Emerg; April   ...do.................  Do.
 County.                                       26, 2012, Reg;
                                               February 19,
                                               2014, Susp.
Oconomowoc, City of, Waukesha         550488  May 1, 1975,        ...do.................  Do.
 County.                                       Emerg; September
                                               1, 1983, Reg;
                                               February 19,
                                               2014, Susp.
Sussex, Village of, Waukesha          550490  June 24, 1975,      ...do.................  Do.
 County.                                       Emerg; June 19,
                                               1989, Reg;
                                               February 19,
                                               2014, Susp.
Waukesha County, Unincorporated       550476  May 25, 1973,       ...do.................  Do.
 Areas.                                        Emerg; August 1,
                                               1983, Reg;
                                               February 19,
                                               2014, Susp.
----------------------------------------------------------------------------------------------------------------
                                                   Region VIII
----------------------------------------------------------------------------------------------------------------
Wyoming: Basin, Town of, Big          560069  June 30, 2000,      ...do.................  Do.
 Horn County..                                 Emerg; N/A, Reg;
                                               February 19,
                                               2014, Susp.
Big Horn County, Unincorporated       560004  April 4, 1997,      ...do.................  Do.
 Areas.                                        Emerg; November
                                               1, 1998, Reg;
                                               February 19,
                                               2014, Susp.
Greybull, Town of, Big Horn           560005  March 16, 1978,     ...do.................  Do
 County.                                       Emerg; February
                                               19, 1980, Reg;
                                               February 19,
                                               2014, Susp.
Lovell, Town of, Big Horn             560073  August 30, 1976,    ...do.................  Do.
 County.                                       Emerg; October 1,
                                               1986, Reg;
                                               February 19,
                                               2014, Susp.
Manderson, Town of, Big Horn          560006  April 29, 1976,     ...do.................  Do.
 County.                                       Emerg; April 16,
                                               1979, Reg;
                                               February 19,
                                               2014, Susp.
----------------------------------------------------------------------------------------------------------------
                                                    Region IX
----------------------------------------------------------------------------------------------------------------
California: Campbell, City of,        060338  July 25, 1974,      ...do.................  Do.
 Santa Clara County.                           Emerg; June 30,
                                               1976, Reg;
                                               February 19,
                                               2014, Susp.
Santa Clara County,                   060337  June 18, 1979,      ...do.................  Do.
 Unincorporated Areas.                         Emerg; August 2,
                                               1982, Reg;
                                               February 19,
                                               2014, Susp.
----------------------------------------------------------------------------------------------------------------
*...do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.



[[Page 4089]]

    Dated: January 7, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2014-01371 Filed 1-23-14; 8:45 am]
BILLING CODE 9110-12-P