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Rule

Suspension of Community Eligibility

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Information about this document as published in the Federal Register.

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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.

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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.

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SUPPLEMENTARY INFORMATION:

The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR Part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register.

In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA's initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified.

Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days.

National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR Part 10, Environmental Considerations. No environmental impact assessment has been prepared.

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.

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List of Subjects in 44 CFR Part 64

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Accordingly, 44 CFR Part 64 is amended as follows:

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PART 64—[AMENDED]

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1. The authority citation for Part 64 continues to read as follows:

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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.

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[Amended]
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2. The tables published under the authority of § 64.6 are amended as follows:

End Amendment Part
State and locationCommunity No.Effective date authorization/cancellation of sale of flood insurance in communityCurrent effective map dateDate certain federal assistance no longer available in SFHAs
Region III
Pennsylvania: Allegheny, Township of, Venango County.422529August 5, 1981, Emerg; September 10, 1984, Reg; January 16, 2014, SuspJan. 16, 2014Jan. 16, 2014.
Canal, Township of, Venango County422108May 9, 1979, Emerg; February 6, 1991, Reg; January 16, 2014, Susp......do *  Do.
Clinton, Township of, Venango County422531February 18, 1976, Emerg; September 10, 1984, Reg; January 16, 2014, Susp......do  Do.
Clintonville, Borough of, Venango County422532December 17, 1976, Emerg; September 10, 1984, Reg; January 16, 2014, Susp......do  Do.
Cooperstown, Borough of, Venango County420835July 7, 1975, Emerg; February 6, 1991, Reg; January 16, 2014, Susp......do  Do.
Cornplanter, Township of, Venango County422533July 7, 1975, Emerg; May 19, 1987, Reg; January 16, 2014, Susp......do  Do.
Emlenton, Borough of, Venango County422107July 23, 1975, Emerg; June 30, 1976, Reg; January 16, 2014, Susp......do  Do.
Franklin, City of, Venango County420836April 19, 1973, Emerg; September 29, 1978, Reg; January 16, 2014, Susp......do  Do.
French Creek, Township of, Venango County422110February 17, 1977, Emerg; May 19, 1987, Reg; January 16, 2014, Susp......do  Do.
Irwin, Township of, Venango County422534N/A, Emerg; April 29, 2009, Reg; January 16, 2014, Susp......do  Do.
Jackson, Township of, Venango County422535March 8, 1977, Emerg; August 19, 1991, Reg; January 16, 2014, Susp......do  Do.
Mineral, Township of, Venango County422536May 9, 1979, Emerg; January 1, 1987, Reg; January 16, 2014, Susp......do  Do.
Oakland, Township of, Venango County422111February 28, 1977, Emerg; February 1, 1987, Reg; January 16, 2014, Susp......do  Do.
Oil City, City of, Venango County420837August 18, 1972, Emerg; July 5, 1977, Reg; January 16, 2014, Susp......do  Do.
Oil Creek, Township of, Venango County422537March 17, 1976, Emerg. October 1, 1986, Reg; January 16, 2014, Susp......do  Do.
Pinegrove, Township of Venango County422538January 14, 1980, Emerg; September 10, 1984, Reg; January 16, 2014, Susp......do  Do.
Plum, Township of, Venango County422539March 1, 1977, Emerg; September 10, 1984, Reg; January 16, 2014, Susp......do  Do.
Polk, Borough of, Venango County420838July 10, 1975, Emerg; January 1, 1987, Reg; January 16, 2014, Susp......do  Do.
President, Township of, Venango County422112July 7, 1975, Emerg; February 6, 1991, Reg; January 16, 2014, Susp......do  Do.
Richland, Township of, Venango County422540February 24, 1977, Emerg; September 10, 1984, Reg; January 16, 2014, Susp......do  Do.
Rockland, Township of, Venango County422113March 3, 1977, Emerg; October 16, 1990, Reg; January 16, 2014, Susp......do  Do.
Rouseville, Borough of, Venango County420839July 11, 1975, Emerg; May 19, 1987, Reg; January 16, 2014, Susp......do  Do.
Sandycreek, Township of, Venango County422541June 23, 1975, Emerg; October 16, 1990, Reg; January 16, 2014, Susp......do  Do.
Scrubgrass, Township of, Venango County422542February 24, 1977, Emerg; August 5, 1991, Reg; January 16, 2014, Susp......do  Do.
Sugarcreek, Borough of, Venango County420840July 7, 1975, Emerg; May 19, 1987, Reg; January 16, 2014, Susp......do  Do.
Utica, Borough of, Venango County420841February 10, 1977, Emerg; March 4, 1991, Reg; January 16, 2014, Susp......do  Do.
Victory, Township of, Venango County422543February 17, 1977, Emerg; September 24, 1984, Reg; January 16, 2014, Susp......do  Do.
Region IV
Alabama:
Brookwood, Town of, Tuscaloosa County010431N/A, Emerg; October 21, 2008, Reg; January 16, 2014, Susp......do  Do.
Coaling, Town of, Tuscaloosa County010480N/A, Emerg; July 8, 2008, Reg; January 16, 2014, Susp......do  Do.
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Coker, Town of, Tuscaloosa County010481N/A, Emerg; August 14, 2008, Reg; January 16, 2014, Susp......do  Do.
Lake View, Town of, Jefferson and Tuscaloosa Counties010483N/A, Emerg; May 8, 2008, Reg; January 16, 2014, Susp......do  Do.
Moundville, Town of, Hale and Tuscaloosa Counties010096October 11, 1974, Emerg; July 18, 1985, Reg; January 16, 2014, Susp......do  Do.
Northport, City of, Tuscaloosa County010202June 13, 1973, Emerg; September 5, 1979, Reg; January 16, 2014, Susp......do  Do.
Tuscaloosa, City of, Tuscaloosa County010203April 5, 1973, Emerg; February 1, 1979, Reg; January 16, 2014, Susp......do  Do.
Tuscaloosa County, Unincorporated Areas010201N/A, Emerg; August 7, 2001, Reg; January 16, 2014, Susp......do  Do.
Vance, Town of, Bibb and Tuscaloosa Counties010428N/A, Emerg; June 26, 2006, Reg; January 16, 2014, Susp......do  Do.
Woodstock, Town of, Bibb and Tuscaloosa Counties015013N/A, Emerg; January 30, 2008, Reg; January 16, 2014, Susp......do  Do.
South Carolina: Bowman, Town of, Orangeburg County450161June 27, 1975, Emerg; July 16, 1980, Reg; January 16, 2014, Susp......do  Do.
Holly Hill, Town of, Orangeburg County450163August 19, 1976, Emerg; July 2, 1980, Reg; January 16, 2014, Susp......do  Do.
Norway, Town of, Orangeburg County450213November 11, 1975, Emerg; May 27, 1977, Reg; January 16, 2014, Susp......do  Do.
Orangeburg, City of, Orangeburg County450164February 28, 1975, Emerg; July 16, 1980, Reg; January 16, 2014, Susp......do  Do.
Orangeburg County, Unincorporated Areas450160November 26, 1976, Emerg; December 16, 1980, Reg; January 16, 2014, Susp......do  Do
Region V
Indiana:
Brookville, Town of, Franklin County180069March 13, 1975, Emerg; November 15, 1984, Reg; January 16, 2014, Susp......do  Do.
Cedar Grove, Town of, Franklin County180304November 22, 1975, Emerg; August 5, 1986, Reg; January 16, 2014, Susp......do  Do.
Laurel, Town of, Franklin County180306May 27, 1975, Emerg; September 1, 1988, Reg; January 16, 2014, Susp......do  Do.
Region VII
Kansas:
Miami County, Unincorporated Areas200220November 6, 1995, Emerg; December 1, 2006, Reg; January 16, 2014, Susp......do  Do.
Osawatomie, City of, Miami County200223June 13, 1974, Emerg; September 19, 1984, Reg; January 16, 2014, Susp......do  Do.
Region VIII
Wyoming:
Dayton, Town of, Sheridan County560045May 28, 1975, Emerg; August 1, 2008, Reg; January 16, 2014, Susp......do  Do.
Ranchester, Town of, Sheridan County560046May 8, 1978, Emerg; April 15, 1988, Reg; January 16, 2014, Susp......do  Do.
Sheridan, City of, Sheridan County560044November 29, 1974, Emerg; September 1, 1978, Reg; January 16, 2014, Susp......do  Do.
Sheridan County, Unincorporated Areas560047September 25, 1979, Emerg; August 1, 1986, Reg; January 16, 2014, Susp......do  Do.
* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: November 25, 2013.

David L. Miller,

Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

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[FR Doc. 2013-29658 Filed 12-11-13; 8:45 am]

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