79 FR 16 pgs. 4085-4089 - Suspension of Community Eligibility
Type: RULEVolume: 79Number: 16Pages: 4085 - 4089
Pages: 4085, 4086, 4087, 4089Docket number: [Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8317]
FR document: [FR Doc. 2014-01371 Filed 1-23-14; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
[top]
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.
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.
[top] 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
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]
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.
§ 64.6 [Amended]
2. The tables published under the authority of § 64.6 are amended as follows:
[top]
| State and Location | Community No. | Effective date authorization/cancellation of sale of flood insurance in community | Current effective Map date | Date Certain Federal assistance no longer available in SFHAs |
|---|---|---|---|---|
| Region III | ||||
| Pennsylvania: Albion, Borough of, Erie County. | 422409 | July 24, 1975, Emerg; June 19, 1989, Reg; February 19, 2014, Susp. | February 19, 2014 | February 19, 2014. |
| Amity, Township of, Erie County. | 421360 | August 6, 1975, Emerg; November 4, 1988, Reg; February 19, 2014, Susp. | ...do* | Do. |
| Concord, Township of, Erie County. | 422410 | January 27, 1976, Emerg; November 5, 1982, Reg; February 19, 2014, Susp. | ...do | Do. |
| Conneaut, Township of, Erie County. | 421361 | July 9, 1979, Emerg; November 15, 1989, Reg; February 19, 2014, Susp. | ...do | Do. |
| Corry, City of, Erie County. | 420447 | July 11, 1973, Emerg; February 15, 1978, Reg; February 19, 2014, Susp. | ...do | Do. |
| Cranesville, Borough of, Erie County. | 421356 | August 22, 1975, Emerg; June 19, 1989, Reg; February 19, 2014, Susp. | ...do | Do. |
| Edinboro, Borough of, Erie County. | 420448 | January 21, 1975, Emerg; June 15, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Elgin, Borough of, Erie County. | 422411 | October 14, 1975, Emerg; September 28, 1979, Reg; February 19, 2014, Susp. | ...do | Do. |
| Elk Creek, Township of, Erie County. | 422412 | January 20, 1976, Emerg; June 19, 1989, Reg; February 19, 2014, Susp. | ...do | Do. |
| Erie, City of, Erie County. | 420449 | April 26, 1973, Emerg; March 1, 1979, Reg; February 19, 2014, Susp. | ...do | Do. |
| Fairview, Township of, Erie County. | 420450 | September 10, 1973, Emerg; September 29, 1978, Reg; February 19, 2014, Susp. | ...do | Do. |
| Franklin, Township of, Erie County. | 421362 | February 13, 1976, Emerg; October 1, 1986, Reg; February 19, 2014, Susp. | ...do | Do. |
| Girard, Borough of, Erie County. | 422413 | July 18, 1975, Emerg; June 30, 1976, Reg; February 19, 2014, Susp | ...do | Do. |
| Girard, Township of, Erie County. | 421363 | August 20, 1975, Emerg; June 30, 1976, Reg; February 19, 2014, Susp | ...do | Do. |
| Greene, Township of, Erie County. | 421364 | February 13, 1976, Emerg; December 1, 1986, Reg; February 19, 2014, Susp. | ...do | Do. |
| Harborcreek, Township of, Erie County. | 421144 | April 9, 1974, Emerg; September 17, 1980, Reg; February 19, 2014, Susp. | ...do | Do. |
| Lake City, Borough of, Erie County. | 422414 | September 11, 1975, Emerg; June 30, 1976, Reg; February 19, 2014, Susp. | ...do | Do |
| Lawrence Park, Township of, Erie County. | 420451 | June 1, 1973, Emerg; September 29, 1978, Reg; February 19, 2014, Susp. | ...do | Do. |
| LeBoeuf, Township of, Erie County. | 422415 | October 15, 1975, Emerg; May 15, 1984, Reg; February 19, 2014, Susp. | ...do | Do. |
| McKean, Borough of, Erie County. | 422416 | November 5, 1973, Emerg; September 30, 1977, Reg; February 19, 2014, Susp. | ...do | Do. |
| McKean, Township of, Erie County. | 422623 | April 2, 1975, Emerg; July 16, 1980, Reg; February 19, 2014, Susp. | ...do | Do. |
| Mill Village, Borough of, Erie County. | 422417 | February 18, 1976, Emerg; May 19, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Millcreek, Township of, Erie County. | 420452 | April 16, 1973, Emerg; April 16, 1979, Reg; February 19, 2014, Susp. | ...do | Do. |
| North East, Borough of, Erie County. | 421359 | April 29, 1975, Emerg; February 4, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| North East, Township of, Erie County. | 421368 | October 29, 1974, Emerg; May 19, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Springfield, Township of, Erie County. | 421369 | December 2, 1975, Emerg; December 1, 1982, Reg; February 19, 2014, Susp. | ...do | Do. |
| Summit, Township of, Erie County. | 422418 | October 15, 1975, Emerg; September 16, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Union, Township of, Erie County. | 421370 | February 18, 1976, Emerg; September 16, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Union City, Borough of, Erie County. | 420453 | April 16, 1974, Emerg; September 28, 1979, Reg; February 19, 2014, Susp. | ...do | Do. |
| Venango, Township of, Erie County. | 421371 | September 10, 1975, Emerg; September 30, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Washington, Township of, Erie County. | 421372 | June 5, 1975, Emerg; May 19, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Waterford, Township of, Erie County. | 422419 | March 22, 1976, Emerg; February 17, 1982, Reg; February 19, 2014, Susp. | ...do | Do. |
| Wattsburg, Borough of, Erie County. | 420455 | November 11, 1975, Emerg; May 19, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Wayne, Township of, Erie County. | 421373 | March 6, 1975, Emerg; December 14, 1979, Reg; February 19, 2014, Susp. | ...do | Do. |
| Wesleyville, Borough of, Erie County. | 420456 | March 19, 1975, Emerg; July 16, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| West Virginia: Barboursville, Village of, Cabell County. | 540017 | May 13, 1975, Emerg; June 3, 1988, Reg; February 19, 2014, Susp. | ...do | Do. |
| Cabell County, Unincorporated Areas. | 540016 | May 3, 1976, Emerg; September 30, 1987, Reg; February 19, 2014, Susp. | ...do | Do. |
| Huntington, City of, Cabell and Wayne Counties. | 540018 | September 27, 1973, Emerg; August 17, 1981, Reg; February 19, 2014, Susp | ...do | Do. |
| Region IV | ||||
| Florida: Daytona Beach, City of, Volusia County | 125099 | September 11, 1970, Emerg; September 7, 1973, Reg; February 19, 2014, Susp | ...do | Do. |
| Daytona Beach Shores, City of, Volusia County. | 125100 | January 29, 1971, Emerg; September 7, 1973, Reg; February 19, 2014, Susp. | ...do | Do. |
| Debary, City of, Volusia County. | 120672 | May 14, 1971, Emerg; November 23, 1973, Reg; February 19, 2014, Susp. | ...do | Do. |
| Deland, City of, Volusia County. | 120307 | February 19, 1975, Emerg; December 22, 1980, Reg; February 19, 2014, Susp. | ...do | Do. |
| Deltona, City of, Volusia County. | 120677 | N/A, Emerg; January 22, 1998, Reg; February 19, 2014, Susp. | ...do | Do. |
| Edgewater, City of, Volusia County. | 120308 | February 6, 1975, Emerg; September 3, 1980, Reg; February 19, 2014, Susp. | ...do | Do. |
| Flagler Beach, City of, Flagler and Volusia County. | 120087 | May 2, 1974, Emerg; May 15, 1985, Reg; February 19, 2014, Susp. | ...do | Do. |
| Holly Hill, City of, Volusia County. | 125112 | May 14, 1971, Emerg; September 7, 1973, Reg; February 19, 2014, Susp. | ...do | Do. |
| Lake Helen, City of, Volusia County. | 120674 | N/A, Emerg; May 19, 2005, Reg; February 19, 2014, Susp. | ...do | Do. |
| New Smyrna Beach, City of, Volusia County. | 125132 | May 14, 1971, Emerg; December 7, 1973, Reg; February 19, 2014, Susp. | ...do | Do. |
| Oak Hill, City of, Volusia County. | 120624 | N/A, Emerg; February 21, 1994, Reg; February 19, 2014, Susp. | ...do | Do. |
| Ormond Beach, City of, Volusia County. | 125136 | November 20, 1970, Emerg; September 7, 1973, Reg; February 19, 2014, Susp. | ...do | Do. |
| Pierson, Town of, Volusia County. | 120675 | N/A, Emerg; July 18, 2007, Reg; February 19, 2014, Susp. | ...do | Do. |
| Ponce Inlet, Town of, Volusia County. | 120312 | May 28, 1974, Emerg; October 8, 1976, Reg; February 19, 2014, Susp. | ...do | Do. |
| Port Orange, City of, Volusia County. | 120313 | July 19, 1974, Emerg; May 16, 1977, Reg; February 19, 2014, Susp. | ...do | Do. |
| South Daytona, City of, Volusia County. | 120314 | June 18, 1971, Emerg; October 3, 1976, Reg; February 19, 2014, Susp. | ...do | Do. |
| Volusia County, Unincorporated Areas. | 125155 | May 14, 1971, Emerg; November 23, 1973, Reg; February 19, 2014, Susp. | ...do | Do. |
| North Carolina: Charlotte, City of, Mecklenburg County. | 370159 | April 12, 1973, Emerg; August 15, 1978, Reg; February 19, 2014, Susp. | ...do | Do. |
| Indian Trail, Town of, Union County. | 370235 | June 14, 1976, Emerg; March 21, 1980, Reg; February 19, 2014, Susp. | ...do | Do. |
| Marvin, Village of, Union County. | 370514 | N/A, Emerg; December 28, 1998, Reg; February 19, 2014, Susp. | ...do | Do. |
| Matthews, Town of, Mecklenburg County. | 370310 | January 11, 1995, Emerg; February 4, 2004, Reg; February 19, 2014, Susp. | ...do | Do. |
| Mecklenburg County, Unincorporated Areas. | 370158 | May 17, 1973, Emerg; June 1, 1981, Reg; February 19, 2014, Susp. | ...do | Do. |
| Mint Hill, Town of, Mecklenburg County. | 370539 | N/A, Emerg; December 21, 2007, Reg; February 19, 2014, Susp. | ...do | Do. |
| Pineville, Town of, Mecklenburg County. | 370160 | May 6, 1975, Emerg; March 18, 1987, Reg; February 19, 2014, Susp. | ...do | Do. |
| Stallings, Town of, Union County. | 370472 | N/A, Emerg; April 5, 1994, Reg; February 19, 2014, Susp | ...do | Do. |
| Union County, Unincorporated Areas. | 370234 | August 9, 1974, Emerg; July 18, 1983, Reg; February 19, 2014, Susp. | ...do | Do. |
| Weddington, Town of, Union County. | 370518 | N/A, Emerg; May 3, 1999, Reg; February 19, 2014, Susp | ...do | Do. |
| Region V | ||||
| Michigan: Hillsdale, City of, Hillsdale County. | 260086 | May 12, 1975, Emerg; January 6, 1988, Reg; February 19, 2014, Susp | ...do | Do. |
| Litchfield, City of, Hillsdale County. | 260409 | July 25, 1975, Emerg; February 4, 1987, Reg; February 19, 2014, Susp. | ...do | Do. |
| Reading, Township of, Hillsdale County. | 260410 | March 27, 1996, Emerg; N/A, Reg; February 19, 2014, Susp. | ...do | Do. |
| Wisconsin: Delafield, City of, Waukesha County. | 550479 | July 15, 1975, Emerg; August 15, 1983, Reg; February 19, 2014, Susp. | ...do | Do. |
| Dousman, Village of, Waukesha County. | 550480 | June 30, 1975, Emerg; April 17, 1987, Reg; February 19, 2014, Susp. | ...do | Do. |
| Hartland, Village of, Waukesha County. | 550481 | July 25, 1975, Emerg; December 1, 1982, Reg; February 19, 2014, Susp. | ...do | Do. |
| Merton, Village of, Waukesha County. | 550484 | July 21, 1975, Emerg; August 3, 1989, Reg; February 19, 2014, Susp. | ...do | Do. |
| Nashotah, Village of, Waukesha County. | 550149 | N/A, Emerg; April 26, 2012, Reg; February 19, 2014, Susp. | ...do | Do. |
| Oconomowoc, City of, Waukesha County. | 550488 | May 1, 1975, Emerg; September 1, 1983, Reg; February 19, 2014, Susp. | ...do | Do. |
| Sussex, Village of, Waukesha County. | 550490 | June 24, 1975, Emerg; June 19, 1989, Reg; February 19, 2014, Susp. | ...do | Do. |
| Waukesha County, Unincorporated Areas. | 550476 | May 25, 1973, Emerg; August 1, 1983, Reg; February 19, 2014, Susp | ...do | Do. |
| Region VIII | ||||
| Wyoming: Basin, Town of, Big Horn County. | 560069 | June 30, 2000, Emerg; N/A, Reg; February 19, 2014, Susp | ...do | Do. |
| Big Horn County, Unincorporated Areas. | 560004 | April 4, 1997, Emerg; November 1, 1998, Reg; February 19, 2014, Susp. | ...do | Do. |
| Greybull, Town of, Big Horn County. | 560005 | March 16, 1978, Emerg; February 19, 1980, Reg; February 19, 2014, Susp. | ...do | Do |
| Lovell, Town of, Big Horn County. | 560073 | August 30, 1976, Emerg; October 1, 1986, Reg; February 19, 2014, Susp. | ...do | Do. |
| Manderson, Town of, Big Horn County. | 560006 | April 29, 1976, Emerg; April 16, 1979, Reg; February 19, 2014, Susp | ...do | Do. |
| Region IX | ||||
| California: Campbell, City of, Santa Clara County. | 060338 | July 25, 1974, Emerg; June 30, 1976, Reg; February 19, 2014, Susp. | ...do | Do. |
| Santa Clara County, Unincorporated Areas. | 060337 | June 18, 1979, Emerg; August 2, 1982, Reg; February 19, 2014, Susp. | ...do | Do. |
| *...do = Ditto. | ||||
| Code for reading third column: Emerg. -Emergency; Reg. -Regular; Susp. -Suspension. | ||||
[top]
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