[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Rules and Regulations]
[Pages 6833-6836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02400]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8321]


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 
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

[[Page 6834]]

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 IV
 
Florida:
    Anna Maria, City of,              125087  June 30, 1970,      March 17, 2014........  March 17, 2014.
     Manatee County.                           Emerg; June 11,
                                               1971, Reg; March
                                               17, 2014, Susp.
    Bradenton, City of,               120155  June 5, 1975,       ......do*.............   Do.
     Manatee County.                           Emerg; June 1,
                                               1981, Reg; March
                                               17, 2014, Susp.
    Bradenton Beach, City of,         125091  June 30, 1970,      ......do..............   Do.
     Manatee County.                           Emerg; June 11,
                                               1971, Reg; March
                                               17, 2014, Susp.
    Brevard County,                   125092  November 13, 1970,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               22, 1972, Reg;
                                               March 17, 2014,
                                               Susp.
    Cape Canaveral, City of,          125094  March 19, 1971,     ......do..............   Do.
     Brevard County.                           Emerg; September
                                               29, 1972, Reg;
                                               March 17, 2014,
                                               Susp.
    Cape Canaveral Port               120619  October 29, 1979,   ......do..............   Do.
     Authority, Brevard County.                Emerg; April 3,
                                               1989, Reg; March
                                               17, 2014, Susp.
    Clay County,                      120064  February 26, 1975,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 2,
                                               1981, Reg; March
                                               17, 2014, Susp.
    Cocoa, City of, Brevard           120020  July 2, 1974,       ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               March 17, 2014,
                                               Susp.
    Cocoa Beach, City of,             125097  November 20, 1970,  ......do..............   Do.
     Brevard County.                           Emerg; June 16,
                                               1972, Reg; March
                                               17, 2014, Susp.
    Green Cove Springs, City          120065  October 11, 1974,   ......do..............   Do.
     of, Clay County.                          Emerg; March 1,
                                               1979, Reg; March
                                               17, 2014, Susp.
    Grant-Valkaria, Town of,          120224  N/A, Emerg;         ......do..............   Do.
     Brevard County.                           November 20,
                                               2007, Reg; March
                                               17, 2014, Susp.
    Holmes Beach, City of,            125114  July 10, 1970,      ......do..............   Do.
     Manatee County.                           Emerg; June 11,
                                               1971, Reg; March
                                               17, 2014, Susp.
    Indialantic, Town of,             125115  October 29, 1971,   ......do..............   Do.
     Brevard County.                           Emerg; August 18,
                                               1972, Reg; March
                                               17, 2014, Susp.
    Keystone Heights, City of,        120671  N/A, Emerg;         ......do..............   Do.
     Clay County.                              November 13,
                                               1998, Reg; March
                                               17, 2014, Susp.
    Longboat Key, Town of,            125126  April 30, 1970,     ......do..............   Do.
     Manatee and Sarasota                      Emerg; July 30,
     Counties.                                 1971, Reg; March
                                               17, 2014, Susp.
    Malabar, Town of, Brevard         120024  August 28, 1974,    ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1979, Reg;
                                               March 17, 2014,
                                               Susp.
    Manatee County,                   120153  June 25, 1971,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 25,
                                               1971, Reg; March
                                               17, 2014, Susp.
    Melbourne, City of,               120025  August 30, 1974,    ......do..............   Do.
     Brevard County.                           Emerg; July 1,
                                               1979, Reg; March
                                               17, 2014, Susp.

[[Page 6835]]

 
    Melbourne Beach, Town of,         125128  January 15, 1971,   ......do..............   Do.
     Brevard County.                           Emerg; November
                                               24, 1972, Reg;
                                               March 17, 2014,
                                               Susp.
    Melbourne Village, Town           120329  August 26, 1974,    ......do..............   Do.
     of, Brevard County.                       Emerg; November
                                               15, 1979, Reg;
                                               March 17, 2014,
                                               Susp.
    Orange Park, City of, Clay        120066  June 6, 1975,       ......do..............   Do.
     County.                                   Emerg; March 18,
                                               1980, Reg; March
                                               17, 2014, Susp.
    Palm Bay, City of, Brevard        120404  July 31, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               March 17, 2014,
                                               Susp.
    Palm Shores, Town of,             120612  N/A, Emerg; March   ......do..............   Do.
     Brevard County.                           27, 1995, Reg;
                                               March 17, 2014,
                                               Susp.
    Palmetto, City of, Manatee        120159  April 25, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               2, 1981, Reg;
                                               March 17, 2014,
                                               Susp.
    Penney Farms, Town of,            120059  November 15, 2010,  ......do..............   Do.
     Clay County.                              Emerg; N/A, Reg;
                                               March 17, 2014,
                                               Susp.
    Rockledge, City of,               120027  June 18, 1974,      ......do..............   Do.
     Brevard County.                           Emerg; November
                                               15, 1979, Reg;
                                               March 17, 2014,
                                               Susp.
    Satellite Beach, City of,         120028  October 20, 1972,   ......do..............   Do.
     Brevard County.                           Emerg; February
                                               13, 1976, Reg;
                                               March 17, 2014,
                                               Susp.
    Titusville, City of,              125152  March 12, 1971,     ......do..............   Do.
     Brevard County.                           Emerg; June 16,
                                               1972, Reg; March
                                               17, 2014, Susp.
    West Melbourne, City of,          120335  January 31, 1975,   ......do..............   Do.
     Brevard County.                           Emerg; March 18,
                                               1980, Reg; March
                                               17, 2014, Susp.
Georgia:
    Covington, City of, Newton        130144  April 23, 1975,     ......do..............   Do.
     County.                                   Emerg; March 2,
                                               1983, Reg; March
                                               17, 2014, Susp.
    Newton County,                    130143  May 23, 1977,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; July 5,
                                               1983, Reg; March
                                               17, 2014, Susp.
    Oxford, Town of, Newton           130367  June 26, 2006,      ......do..............   Do.
     County.                                   Emerg; September
                                               5, 2007, Reg;
                                               March 17, 2014,
                                               Susp.
    Porterdale, City of,              130145  July 31, 1975,      ......do..............   Do.
     Newton County.                            Emerg; January
                                               19, 1983, Reg;
                                               March 17, 2014,
                                               Susp.
           Region V
 
Indiana:
    Cumberland, Town of,              180510  N/A, Emerg; March   ......do..............   Do.
     Hancock County.                           10, 1993, Reg;
                                               March 17, 2014,
                                               Susp.
    Fortville, Town of,               180372  N/A, Emerg; May     ......do..............   Do.
     Hancock County.                           13, 2009, Reg;
                                               March 17, 2014,
                                               Susp.
    Hancock County,                   180419  April 21, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               15, 1982, Reg;
                                               March 17, 2014,
                                               Susp.
    Jay County, Unincorporated        180440  April 9, 1996,      ......do..............   Do.
     Areas.                                    Emerg; N/A, Reg;
                                               March 17, 2014,
                                               Susp.
    McCordsville, Town of,            180468  N/A, Emerg; March   ......do..............   Do.
     Hancock County.                           18, 2005, Reg;
                                               March 17, 2014,
                                               Susp.
    Portland, City of, Jay            185178  September 24,       ......do..............   Do.
     County.                                   1971, Emerg; May
                                               12, 1972, Reg;
                                               March 17, 2014,
                                               Susp.
Wisconsin:
    Ashwaubenon, Village of,          550600  September 28,       ......do..............   Do.
     Brown County.                             1979, Emerg;
                                               September 28,
                                               1979, Reg; March
                                               17, 2014, Susp.
    Brown County,                     550020  March 10, 1972,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 17,
                                               1978, Reg; March
                                               17, 2014, Susp.
    Green Bay, City of, Brown         550022  August 30, 1974,    ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1977, Reg;
                                               March 17, 2014,
                                               Susp.
    Hawkins, Village of, Rusk         550373  August 30, 1974,    ......do..............   Do.
     County.                                   Emerg; July 15,
                                               1988, Reg; March
                                               17, 2014, Susp.
    Hobart, Village of, Brown         550626  N/A, Emerg; May 3,  ......do..............   Do.
     County.                                   2005, Reg; March
                                               17, 2014, Susp.
    Howard, Village of, Brown         550023  March 8, 1976,      ......do..............   Do.
     and Outagamie Counties.                   Emerg; February
                                               17, 1982, Reg;
                                               March 17, 2014,
                                               Susp.
    Ingram, Village of, Rusk          550374  July 11, 1979,      ......do..............   Do.
     County.                                   Emerg; January 2,
                                               1987, Reg; March
                                               17, 2014, Susp.
    Ladysmith, City of, Rusk          550375  February 14, 1974,  ......do..............   Do.
     County.                                   Emerg; September
                                               1, 1978, Reg;
                                               March 17, 2014,
                                               Susp.
    Rusk County,                      550602  May 31, 1988,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; May 31,
                                               1988, Reg; March
                                               17, 2014, Susp.
    Suamico, Village of, Brown        550660  N/A, Emerg; May     ......do..............   Do.
     County.                                   24, 2004, Reg;
                                               March 17, 2014,
                                               Susp.
           Region VI
 
Texas:
    Kingsville, City of,              480424  February 26, 1971,  ......do..............   Do.
     Kleberg County.                           Emerg; February
                                               26, 1971, Reg;
                                               March 17, 2014,
                                               Susp.

[[Page 6836]]

 
    Kleberg County,                   480423  August 13, 1971,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 13,
                                               1971, Reg; March
                                               17, 2014, Susp.
           Region IX
 
California:
    Corte Madera, Town of,            065023  July 17, 1970,      ......do..............   Do.
     Marin County.                             Emerg; December
                                               15, 1977, Reg;
                                               March 17, 2014,
                                               Susp.
    Fairfax, Town of, Marin           060175  October 9, 1973,    ......do..............   Do.
     County.                                   Emerg; January 5,
                                               1978, Reg; March
                                               17, 2014, Susp.
    Larkspur, City of, Marin          065040  October 23, 1970,   ......do..............   Do.
     County.                                   Emerg; March 15,
                                               1984, Reg; March
                                               17, 2014, Susp.
    Ross, Town of, Marin              060179  September 18,       ......do..............   Do.
     County.                                   1974, Emerg;
                                               February 4, 1981,
                                               Reg; March 17,
                                               2014, Susp.
    San Anselmo, Town of,             060180  October 24, 1973,   ......do..............   Do.
     Marin County.                             Emerg; December
                                               1, 1977, Reg;
                                               March 17, 2014,
                                               Susp.
           Region X
 
Alaska:
    Fairbanks North Star              025009  May 15, 1970,       ......do..............   Do.
     Borough.                                  Emerg; May 15,
                                               1970, Reg; March
                                               17, 2014, Susp.
    Oregon: Bandon, City of,          410043  October 11, 1974,   ......do..............   Do.
     Coos County.                              Emerg; August 15,
                                               1984, Reg; March
                                               17, 2014, Susp.
    Coos Bay, City of, Coos           410044  August 23, 1974,    ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1984, Reg; March
                                               17, 2014, Susp.
    Coos County,                      410042  July 7, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; November
                                               15, 1984, Reg;
                                               March 17, 2014,
                                               Susp.
    Coquille, City of, Coos           410045  April 29, 1975,     ......do..............   Do.
     County.                                   Emerg; September
                                               28, 1984, Reg;
                                               March 17, 2014,
                                               Susp.
    Lakeside, City of, Coos           410278  June 2, 1975,       ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1984, Reg; March
                                               17, 2014, Susp.
    Myrtle Point, City of,            410047  January 30, 1975,   ......do..............   Do.
     Coos County.                              Emerg; July 16,
                                               1984, Reg; March
                                               17, 2014, Susp.
    North Bend, City of, Coos         410048  June 4, 1975,       ......do..............   Do.
     County.                                   Emerg; August 1,
                                               1984, Reg; March
                                               17, 2014, Susp.
    Powers, City of, Coos             410049  August 6, 1975,     ......do..............   Do.
     County.                                   Emerg; June 30,
                                               1976, Reg; March
                                               17, 2014, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.


    Dated: January 27, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2014-02400 Filed 2-4-14; 8:45 am]
BILLING CODE 9110-12-P