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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.Start Printed Page 79325

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:

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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 I
Massachusetts:
Marion, Town of, Plymouth County255213October 8, 1971, Emerg; April 6, 1973, Reg; February 5, 2014, SuspFeb. 5, 2014Feb. 5, 2014.
Mattapoisett, Town of, Plymouth County255214June 18, 1971, Emerg; March 16, 1973, Reg; February 5, 2014, Susp......do  Do.
Wareham, Town of, Plymouth County255223July 10, 1970, Emerg; May 28, 1971, Reg; February 5, 2014, Susp......do  Do.
Region III
Pennsylvania:
Armstrong, Township of, Lycoming County420635March 30, 1973, Emerg; September 28, 1979, Reg; February 5, 2014, Susp......do  Do.
Duboistown, Borough of, Lycoming County420639December 22, 1972, Emerg; March 1, 1977, Reg; February 5, 2014, Susp......do  Do.
Loyalsock, Township of, Lycoming County421040February 5, 1974, Emerg; May 16, 1977, Reg; February 5, 2014, Susp......do  Do.
Montoursville, Borough of, Lycoming County420648February 9, 1973, Emerg; August 15, 1977, Reg; February 5, 2014, Susp......do  Do.
Old Lycoming, Township of, Lycoming County420652January 19, 1973, Emerg; April 15, 1977, Reg; February 5, 2014, Susp......do  Do.
South Williamsport, Borough of, Lycoming County420658January 7, 1974, Emerg; April 15, 1977, Reg; February 5, 2014, Susp......do  Do.
Susquehanna, Township of, Lycoming County420659April 19, 1973, Emerg; September 28, 1979, Reg; February 5, 2014, Susp......do  Do.
Williamsport, City of, Lycoming County420662November 24, 1972, Emerg; December 1, 1977, Reg; February 5, 2014, Susp......do  Do.
Woodward, Township of, Lycoming County420664June 4, 1973, Emerg; September 28, 1979, Reg; February 5, 2014, Susp......do  Do.
Region IV
Alabama:
Montgomery, City of, Montgomery County010174February 12, 1974, Emerg; January 20, 1982, Reg; February 5, 2014, Susp......do  Do.
Montgomery County, Unincorporated Areas010278October 22, 1975, Emerg; January 6, 1982, Reg; February 5, 2014, Susp......do  Do.
Pike Road, Town of, Montgomery County010433May 29, 2003, Emerg; August 4, 2003, Reg; February 5, 2014, Susp......do  Do.
Florida:
Jefferson County, Unincorporated Areas120331April 21, 1978, Emerg; July 16, 1991, Reg; February 5, 2014, Susp......do  Do.
Monticello, City of, Jefferson County120365April 9, 1981, Emerg; June 3, 1986, Reg; February 5, 2014, Susp......do  Do.
Region V
Indiana:
Clinton, City of, Vermillion County180259June 30, 1975, Emerg; July 1, 1987, Reg; February 5, 2014, Susp......do  Do.
Newport, Town of, Vermillion County180262March 26, 1981, Emerg; June 15, 1981, Reg; February 5, 2014, Susp......do  Do.
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Union County, Unincorporated Areas180411October 24, 1984, Emerg; April 1, 1988, Reg; February 5, 2014, Susp......do  Do.
Vermillion County, Unincorporated Areas180449December 1, 1993, Emerg; November 1, 1995, Reg; February 5, 2014, Susp......do  Do.
Michigan:
Broomfield, Township of, Isabella County260815March 22, 1989, Emerg; August 5, 1991, Reg; February 5, 2014, Susp......do  Do.
Chippewa, Township of, Isabella County260824August 14, 1989, Emerg; January 7, 1998, Reg; February 5, 2014, Susp......do  Do.
Coe, Township of, Isabella County260819April 24, 1989, Emerg; July 16, 1991, Reg; February 5, 2014, Susp......do  Do.
Deerfield, Township of, Isabella County260816March 22, 1989, Emerg; January 7, 1998, Reg; February 5, 2014, Susp......do  Do.
Denver, Township of, Isabella County260817March 22, 1989, Emerg; July 16, 1991, Reg; February 5, 2014, Susp......do  Do.
Isabella, Township of, Isabella County260820April 24, 1989, Emerg; April 16, 1991, Reg; February 5, 2014, Susp......do  Do.
Mount Pleasant, City of, Isabella County260104May 14, 1975, Emerg; August 16, 1982, Reg; February 5, 2014, Susp......do  Do.
Nottawa, Township of, Isabella County260821April 24, 1989, Emerg; May 2, 1991, Reg; February 5, 2014, Susp......do  Do.
Rolland, Township of, Isabella County260422April 24, 1989, Emerg; September 14, 1990, Reg; February 5, 2014, Susp......do  Do.
Sherman, Township of, Isabella County260822April 24, 1989, Emerg; October 16, 1991, Reg; February 5, 2014, Susp......do  Do.
Union, Charter Township of, Isabella County260812October 13, 1988, Emerg; February 15, 1991, Reg; February 5, 2014, Susp......do  Do.
Vernon, Township of, Isabella County260825September 7, 1989, Emerg; February 5, 1992, Reg; February 5, 2014, Susp......do  Do.
Wise, Township of, Isabella County260823July 18, 1989, Emerg; September 18, 1991, Reg; February 5, 2014, Susp......do  Do.
Wisconsin:
Dodge County, Unincorporated Areas550094July 18, 1973, Emerg; June 15, 1981, Reg; February 5, 2014, Susp......do  Do.
Fox Lake, City of, Dodge County550097August 1, 1975, Emerg; March 16, 1981, Reg; February 5, 2014, Susp......do  Do.
Region VII
Kansas:
Kansas City, City of, Wyandotte County200363December 10, 1974, Emerg; August 3, 1981, Reg; February 5, 2014, Susp......do  Do.
Region VIII
Colorado:
Arvada, City of, Adams and Jefferson County085072April 30, 1971, Emerg; June 23, 1972, Reg; February 5, 2014, Susp......do  Do.
Edgewater, City of, Jefferson County080089June 6, 1974, Emerg; August 15, 1989, Reg; February 5, 2014, Susp......do  Do.
Golden, City of, Jefferson County080090June 19, 1975, Emerg; May 15, 1985, Reg; February 5, 2014, Susp......do  Do.
Jefferson County, Unincorporated Areas080087July 5, 1973, Emerg; August 5, 1986, Reg; February 5, 2014, Susp......do  Do.
Lakewood, City of, Jefferson County085075April 16, 1971, Emerg; July 21, 1972, Reg; February 5, 2014, Susp......do  Do.
Morrison, Town of, Jefferson County080092September 11, 1975, Emerg; December 1, 1982, Reg; February 5, 2014, Susp......do  Do.
Westminster, City of, Adams and Jefferson County080008July 13, 1973, Emerg; September 30, 1988, Reg; February 5, 2014, Susp......do  Do.
Wheat Ridge, City of, Jefferson County085079April 16, 1971, Emerg; May 26, 1972, Reg; February 5, 2014, Susp......do  Do.
Wyoming: Fremont County, Unincorporated Areas560080July 8, 1975, Emerg; February 1, 1979, Reg; February 5, 2014, Susp......do  Do.
*-do- =Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.
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Dated: December 11, 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. 2013-31155 Filed 12-27-13; 8:45 am]

BILLING CODE 9110-12-P