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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:

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 Bret Gates, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4133.

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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 Start Printed Page 11894insurance 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

  • Flood insurance
  • Floodplains
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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 V
Indiana: Brooksburg, Town of, Jefferson County180105September 18, 1975, Emerg; December 1, 1983, Reg; April 2, 2015, SuspApril 2, 2015April 2, 2015
Cambridge City, Town of, Wayne County180281April 28, 1975, Emerg; October 15, 1981, Reg; April 2, 2015, Susp......do  Do.
Centerville, Town of, Wayne County180624N/A, Emerg; April 16, 2014, Reg; April 2, 2015, Susp......do  Do.
Dupont, Town of, Jefferson County180106April 19, 1993, Emerg; November 1, 1995, Reg; April 2, 2015, Susp......do  Do.
Fountain City, Town of, Wayne County180282January 2, 1981, Emerg; November 4, 1981, Reg; April 2, 2015, Susp......do  Do.
Greens Fork, Town of, Wayne County180283May 30, 1975, Emerg; November 4, 1981, Reg; April 2, 2015, Susp......do  Do.
Hagerstown, Town of, Wayne County180284January 29, 1975, Emerg; October 15, 1981, Reg; April 2, 2015, Susp......do  Do.
Hanover, Town of, Jefferson County180326April 24, 1975, Emerg; September 30, 1976, Reg; April 2, 2015, Susp......do  Do.
Jefferson County, Unincorporated Areas180104October 5, 1973, Emerg; October 1, 1992, Reg; April 2, 2015, Susp......do  Do.
Jennings County, Unincorporated Areas180108October 8, 1992, Emerg; November 1, 1995, Reg; April 2, 2015, Susp......do  Do.
Madison, City of, Jefferson County180107November 12, 1971, Emerg; September 30, 1977, Reg; April 2, 2015, Susp......do  Do.
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Milton, Town of, Wayne County180285May 20, 1975, Emerg; October 15, 1981, Reg; April 2, 2015, Susp......do  Do.
North Vernon, City of, Jennings County180109August 4, 1975, Emerg; January 3, 1985, Reg; April 2, 2015, Susp......do  Do.
Richmond, City of, Wayne County180287April 1, 1975, Emerg; August 16, 1982, Reg; April 2, 2015, Susp......do  Do.
Spring Grove, Town of, Wayne County180286July 10, 1975, Emerg; September 2, 1982, Reg; April 2, 2015, Susp......do  Do.
Vernon, Town of, Jennings County180110May 9, 1975, Emerg; October 18, 1983, Reg; April 2, 2015, Susp......do  Do.
Wayne County, Unincorporated Areas180280March 24, 1975, Emerg; September 2, 1982, Reg; April 2, 2015, Susp......do  Do.
Minnesota: Mahnomen, City of, Mahnomen County270266May 8, 1975, Emerg; September 2, 1988, Reg; April 2, 2015, Susp......do  Do.
Mahnomen County, Unincorporated Areas270671November 15, 1974, Emerg; May 15, 1985, Reg; April 2, 2015, Susp......do  Do.
Waubun, City of, Mahnomen County270772July 25, 1997, Emerg; N/A, Reg; April 2, 2015, Susp......do  Do.
Ohio: Botkins, Village of, Shelby County390504August 22, 1975, Emerg; September 29, 1978, Reg; April 2, 2015, Susp......do  Do.
Jackson Center, Village of, Shelby County390505November 13, 2008, Emerg; April 1, 2009, Reg; April 2, 2015, Susp......do  Do.
Port Jefferson, Village of, Shelby County390506May 14, 1975, Emerg; September 2, 1988, Reg; April 2, 2015, Susp......do  Do.
Russia, Village of, Shelby County390880June 3, 1981, Emerg; September 30, 1988, Reg; April 2, 2015, Susp......do  Do.
Shelby County, Unincorporated Areas390503April 3, 1979, Emerg; September 2, 1982, Reg; April 2, 2015, Susp......do  Do.
Sidney, City of, Shelby County390507December 3, 1974, Emerg; November 17, 1982, Reg; April 2, 2015, Susp......do  Do.
Region VII
Missouri: Dearborn, City of, Platte County290504August 9, 1974, Emerg; June 15, 1979, Reg; April 2, 2015, Susp......do  Do.
Edgerton, City of, Platte County290291October 7, 1974, Emerg; June 4, 1980, Reg; April 2, 2015, Susp......do  Do.
Ferrelview, Village of, Platte County290895N/A, Emerg; March 30, 2009, Reg; April 2, 2015, Susp......do  Do.
Lake Waukomis, City of, Platte County290700March 20, 1979, Emerg; April 15, 1980, Reg; April 2, 2015, Susp......do  Do.
Parkville, City of, Platte County290294July 3, 1975, Emerg; May 15, 1978, Reg; April 2, 2015, Susp......do  Do.
Platte City, City of, Platte County290295May 22, 1975, Emerg; May 15, 1978, Reg; April 2, 2015, Susp......do  Do.
Platte County, Unincorporated Areas290475March 25, 1974, Emerg; December 18, 1979, Reg; April 2, 2015, Susp......do  Do.
Riverside, City of, Platte County290296May 29, 1973, Emerg; September 30, 1977, Reg; April 2, 2015, Susp......do  Do.
Tracy, City of, Platte County290297July 25, 1974, Emerg; June 15, 1979, Reg; April 2, 2015, Susp......do  Do.
*-do- = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
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Dated: February 27, 2015.

Roy E. Wright,

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

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[FR Doc. 2015-05095 Filed 3-4-15; 8:45 am]

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