[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59127-59130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23370]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2014-0002; Internal Agency Docket No. FEMA-8353]


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

[[Page 59128]]

for more than a year on FEMA's initial FIRM for the community as having 
flood-prone areas (section 202(a) of the Flood Disaster Protection Act 
of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against 
certain types of Federal assistance becomes effective for the 
communities listed on the date shown in the last column. The 
Administrator finds that notice and public comment procedures under 5 
U.S.C. 553(b), are impracticable and unnecessary because communities 
listed in this final rule have been adequately notified.
    Each community receives 6-month, 90-day, and 30-day notification 
letters addressed to the Chief Executive Officer stating that the 
community will be suspended unless the required floodplain management 
measures are met prior to the effective suspension date. Since these 
notifications were made, this final rule may take effect within less 
than 30 days.
    National Environmental Policy Act. This rule is categorically 
excluded from the requirements of 44 CFR Part 10, Environmental 
Considerations. No environmental impact assessment has been prepared.
    Regulatory Flexibility Act. The Administrator has determined that 
this rule is exempt from the requirements of the Regulatory Flexibility 
Act because the National Flood Insurance Act of 1968, as amended, 
Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless 
an appropriate public body adopts adequate floodplain management 
measures with effective enforcement measures. The communities listed no 
longer comply with the statutory requirements, and after the effective 
date, flood insurance will no longer be available in the communities 
unless remedial action takes place.
    Regulatory Classification. This final rule is not a significant 
regulatory action under the criteria of section 3(f) of Executive Order 
12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 
51735.
    Executive Order 13132, Federalism. This rule involves no policies 
that have federalism implications under Executive Order 13132.
    Executive Order 12988, Civil Justice Reform. This rule meets the 
applicable standards of Executive Order 12988.
    Paperwork Reduction Act. This rule does not involve any collection 
of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 
3501 et seq.

List of Subjects in 44 CFR Part 64

    Flood insurance, Floodplains.

    aAccordingly, 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
 
Maryland:
    Centreville, Town of,             240056  August 6, 1975,     Nov. 5, 2014..........  Nov. 5, 2014.
     Queen Anne's County.                      Emerg; September
                                               27, 1985, Reg;
                                               November 5, 2014,
                                               Susp.
    Church Hill, Town of,             240057  August 20, 1975,    ......do..............   Do.
     Queen Anne's County.                      Emerg; June 3,
                                               1986, Reg;
                                               November 5, 2014,
                                               Susp.
    Queen Anne, Town of, Queen        240059  October 12, 1979,   ......do..............   Do.
     Anne's County.                            Emerg; December
                                               5, 2000, Reg;
                                               November 5, 2014,
                                               Susp.
    Queen Anne's County,              240054  January 15, 1974,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; September
                                               28, 1984, Reg;
                                               November 5, 2014,
                                               Susp.
    Queenstown, Town of, Queen        240120  May 1, 1975,        ......do..............   Do.
     Anne's County.                            Emerg; September
                                               28, 1984, Reg;
                                               November 5, 2014,
                                               Susp.
 
           Region V
 
Indiana:
    Edinburgh, Town of, Shelby        180113  February 13, 1975,  ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               November 5, 2014,
                                               Susp.
    Gibson County,                    180434  December 5, 2002,   ......do..............   Do.
     Unincorporated Areas.                     Emerg; N/A, Reg;
                                               November 5, 2014,
                                               Susp.
    Griffin, Town of, Posey           180305  May 23, 1975,       ......do..............   Do.
     County.                                   Emerg; February
                                               11, 1976, Reg;
                                               November 5, 2014,
                                               Susp.
    Morristown, Town of,              180393  April 1, 1976,      ......do..............   Do.
     Shelby County.                            Emerg; July 21,
                                               1978, Reg;
                                               November 5, 2014,
                                               Susp.
    Mount Vernon, City of,            180389  January 31, 1975,   ......do..............   Do.
     Posey County.                             Emerg; January
                                               18, 1984, Reg;
                                               November 5, 2014,
                                               Susp.
    New Harmony, Town of,             180210  April 14, 1975,     ......do..............   Do.
     Posey County.                             Emerg; July 1,
                                               1987, Reg;
                                               November 5, 2014,
                                               Susp.
    Posey County,                     180209  May 8, 1975,        ......do..............   Do.
     Unincorporated Areas.                     Emerg; January 1,
                                               1987, Reg;
                                               November 5, 2014,
                                               Susp.
    Princeton, City of, Gibson        180073  March 19, 1975,     ......do..............   Do.
     County.                                   Emerg; January
                                               21, 1983, Reg;
                                               November 5, 2014,
                                               Susp.
    Shelby County,                    180235  March 13, 1975,     ......do..............   Do.
     Unincorporated Areas.                     Emerg; October
                                               15, 1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Shelbyville, City of,             180236  April 14, 1975,     ......do..............   Do.
     Shelby County.                            Emerg; April 1,
                                               1982, Reg;
                                               November 5, 2014,
                                               Susp.
Wisconsin:

[[Page 59129]]

 
    Big Bend, Village of,             550477  August 19, 1974,    ......do..............   Do.
     Waukesha County.                          Emerg; March 1,
                                               1984, Reg;
                                               November 5, 2014,
                                               Susp.
    Brookfield, City of,              550478  February 23, 1972,  ......do..............   Do.
     Waukesha County.                          Emerg; August 19,
                                               1986, Reg;
                                               November 5, 2014,
                                               Susp.
    Butler, Village of,               550536  March 7, 1974,      ......do..............   Do.
     Waukesha County.                          Emerg; May 15,
                                               1978, Reg;
                                               November 5, 2014,
                                               Susp.
    Delafield, City of,               550479  July 15, 1975,      ......do..............   Do.
     Waukesha County.                          Emerg; August 15,
                                               1983, Reg;
                                               November 5, 2014,
                                               Susp.
    Dousman, Village of,              550480  June 30, 1975,      ......do..............   Do.
     Waukesha County.                          Emerg; April 17,
                                               1987, Reg;
                                               November 5, 2014,
                                               Susp.
    Elm Grove, Village of,            550578  May 1, 1975,        ......do..............   Do.
     Waukesha County.                          Emerg; July 19,
                                               1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Hartland, Village of,             550481  July 25, 1975,      ......do..............   Do.
     Waukesha County.                          Emerg; December
                                               1, 1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Lac La Belle, Village of,         550565  May 25, 1976,       ......do..............   Do.
     Waukesha County.                          Emerg; January
                                               18, 1984, Reg;
                                               November 5, 2014,
                                               Susp.
    Lannon, Village of,               550482  July 18, 1975,      ......do..............   Do.
     Waukesha County.                          Emerg; December
                                               1, 1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Menomonee Falls, Village          550483  November 12, 1973,  ......do..............   Do.
     of, Waukesha County.                      Emerg; September
                                               15, 1978, Reg;
                                               November 5, 2014,
                                               Susp.
    Merton, Village of,               550484  July 21, 1975,      ......do..............   Do.
     Waukesha County.                          Emerg; August 3,
                                               1989, Reg;
                                               November 5, 2014,
                                               Susp.
    Milwaukee, City of,               550278  January 30, 1974,   ......do..............   Do.
     Waukesha County.                          Emerg; March 1,
                                               1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Mukwonago, Village of,            550485  February 18, 1975,  ......do..............   Do.
     Waukesha County.                          Emerg; July 5,
                                               1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Muskego, City of, Waukesha        550486  April 12, 1974,     ......do..............   Do.
     County.                                   Emerg; December
                                               1, 1982, Reg;
                                               November 5, 2014,
                                               Susp.
    New Berlin, City of,              550487  May 18, 1973,       ......do..............   Do.
     Waukesha County.                          Emerg; March 18,
                                               1987, Reg;
                                               November 5, 2014,
                                               Susp.
    Oconomowoc, City of,              550488  May 1, 1975,        ......do..............   Do.
     Waukesha County.                          Emerg; September
                                               1, 1983, Reg;
                                               November 5, 2014,
                                               Susp.
    Pewaukee, City of,                550192  N/A, Emerg;         ......do..............   Do.
     Waukesha County.                          December 11,
                                               2012, Reg;
                                               November 5, 2014,
                                               Susp.
    Pewaukee, Village of,             550489  March 24, 1975,     ......do..............   Do.
     Waukesha County.                          Emerg; June 15,
                                               1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Summit, Village of,               550663  N/A, Emerg;         ......do..............   Do.
     Waukesha County.                          December 11,
                                               2013, Reg;
                                               November 5, 2014,
                                               Susp.
    Sussex, Village of,               550490  June 24, 1975,      ......do..............   Do.
     Waukesha County.                          Emerg; June 19,
                                               1989, Reg;
                                               November 5, 2014,
                                               Susp.
    Waukesha, City of,                550491  April 2, 1974,      ......do..............   Do.
     Waukesha County.                          Emerg; September
                                               2, 1982, Reg;
                                               November 5, 2014,
                                               Susp.
    Waukesha County,                  550476  May 25, 1973,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; August 1,
                                               1983, Reg;
                                               November 5, 2014,
                                               Susp.
 
           Region VI
 
New Mexico:
    Lincoln County,                   350122  August 15, 2005,    ......do..............   Do.
     Unincorporated Areas.                     Emerg; October 1,
                                               2009, Reg;
                                               November 5, 2014,
                                               Susp.
    Ruidoso, Village of,              350033  July 26, 1974,      ......do..............   Do.
     Lincoln County.                           Emerg; March 2,
                                               1983, Reg;
                                               November 5, 2014,
                                               Susp.
    Ruidoso Downs, City of,           350034  February 18, 1975,  ......do..............   Do.
     Lincoln County.                           Emerg; July 5,
                                               1982, Reg;
                                               November 5, 2014,
                                               Susp.
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* do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.



[[Page 59130]]

    Dated: September 9, 2014.
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2014-23370 Filed 9-30-14; 8:45 am]
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