2013-31155. 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, [phone].

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.

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:

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 I
Massachusetts:
Marion, Town of, Plymouth County	255213	October 8, 1971, Emerg; April 6, 1973, Reg; February 5, 2014, Susp	Feb. 5, 2014	Feb. 5, 2014.
Mattapoisett, Town of, Plymouth County	255214	June 18, 1971, Emerg; March 16, 1973, Reg; February 5, 2014, Susp	......do	Do.
Wareham, Town of, Plymouth County	255223	July 10, 1970, Emerg; May 28, 1971, Reg; February 5, 2014, Susp	......do	Do.
Region III
Pennsylvania:
Armstrong, Township of, Lycoming County	420635	March 30, 1973, Emerg; September 28, 1979, Reg; February 5, 2014, Susp	......do	Do.
Duboistown, Borough of, Lycoming County	420639	December 22, 1972, Emerg; March 1, 1977, Reg; February 5, 2014, Susp	......do	Do.
Loyalsock, Township of, Lycoming County	421040	February 5, 1974, Emerg; May 16, 1977, Reg; February 5, 2014, Susp	......do	Do.
Montoursville, Borough of, Lycoming County	420648	February 9, 1973, Emerg; August 15, 1977, Reg; February 5, 2014, Susp	......do	Do.
Old Lycoming, Township of, Lycoming County	420652	January 19, 1973, Emerg; April 15, 1977, Reg; February 5, 2014, Susp	......do	Do.
South Williamsport, Borough of, Lycoming County	420658	January 7, 1974, Emerg; April 15, 1977, Reg; February 5, 2014, Susp	......do	Do.
Susquehanna, Township of, Lycoming County	420659	April 19, 1973, Emerg; September 28, 1979, Reg; February 5, 2014, Susp	......do	Do.
Williamsport, City of, Lycoming County	420662	November 24, 1972, Emerg; December 1, 1977, Reg; February 5, 2014, Susp	......do	Do.
Woodward, Township of, Lycoming County	420664	June 4, 1973, Emerg; September 28, 1979, Reg; February 5, 2014, Susp	......do	Do.
Region IV
Alabama:
Montgomery, City of, Montgomery County	010174	February 12, 1974, Emerg; January 20, 1982, Reg; February 5, 2014, Susp	......do	Do.
Montgomery County, Unincorporated Areas	010278	October 22, 1975, Emerg; January 6, 1982, Reg; February 5, 2014, Susp	......do	Do.
Pike Road, Town of, Montgomery County	010433	May 29, 2003, Emerg; August 4, 2003, Reg; February 5, 2014, Susp	......do	Do.
Florida:
Jefferson County, Unincorporated Areas	120331	April 21, 1978, Emerg; July 16, 1991, Reg; February 5, 2014, Susp	......do	Do.
Monticello, City of, Jefferson County	120365	April 9, 1981, Emerg; June 3, 1986, Reg; February 5, 2014, Susp	......do	Do.
Region V
Indiana:
Clinton, City of, Vermillion County	180259	June 30, 1975, Emerg; July 1, 1987, Reg; February 5, 2014, Susp	......do	Do.
Newport, Town of, Vermillion County	180262	March 26, 1981, Emerg; June 15, 1981, Reg; February 5, 2014, Susp	......do	Do.
Union County, Unincorporated Areas	180411	October 24, 1984, Emerg; April 1, 1988, Reg; February 5, 2014, Susp	......do	Do.
Vermillion County, Unincorporated Areas	180449	December 1, 1993, Emerg; November 1, 1995, Reg; February 5, 2014, Susp	......do	Do.
Michigan:
Broomfield, Township of, Isabella County	260815	March 22, 1989, Emerg; August 5, 1991, Reg; February 5, 2014, Susp	......do	Do.
Chippewa, Township of, Isabella County	260824	August 14, 1989, Emerg; January 7, 1998, Reg; February 5, 2014, Susp	......do	Do.
Coe, Township of, Isabella County	260819	April 24, 1989, Emerg; July 16, 1991, Reg; February 5, 2014, Susp	......do	Do.
Deerfield, Township of, Isabella County	260816	March 22, 1989, Emerg; January 7, 1998, Reg; February 5, 2014, Susp	......do	Do.
Denver, Township of, Isabella County	260817	March 22, 1989, Emerg; July 16, 1991, Reg; February 5, 2014, Susp	......do	Do.
Isabella, Township of, Isabella County	260820	April 24, 1989, Emerg; April 16, 1991, Reg; February 5, 2014, Susp	......do	Do.
Mount Pleasant, City of, Isabella County	260104	May 14, 1975, Emerg; August 16, 1982, Reg; February 5, 2014, Susp	......do	Do.
Nottawa, Township of, Isabella County	260821	April 24, 1989, Emerg; May 2, 1991, Reg; February 5, 2014, Susp	......do	Do.
Rolland, Township of, Isabella County	260422	April 24, 1989, Emerg; September 14, 1990, Reg; February 5, 2014, Susp	......do	Do.
Sherman, Township of, Isabella County	260822	April 24, 1989, Emerg; October 16, 1991, Reg; February 5, 2014, Susp	......do	Do.
Union, Charter Township of, Isabella County	260812	October 13, 1988, Emerg; February 15, 1991, Reg; February 5, 2014, Susp	......do	Do.
Vernon, Township of, Isabella County	260825	September 7, 1989, Emerg; February 5, 1992, Reg; February 5, 2014, Susp	......do	Do.
Wise, Township of, Isabella County	260823	July 18, 1989, Emerg; September 18, 1991, Reg; February 5, 2014, Susp	......do	Do.
Wisconsin:
Dodge County, Unincorporated Areas	550094	July 18, 1973, Emerg; June 15, 1981, Reg; February 5, 2014, Susp	......do	Do.
Fox Lake, City of, Dodge County	550097	August 1, 1975, Emerg; March 16, 1981, Reg; February 5, 2014, Susp	......do	Do.
Region VII
Kansas:
Kansas City, City of, Wyandotte County	200363	December 10, 1974, Emerg; August 3, 1981, Reg; February 5, 2014, Susp	......do	Do.
Region VIII
Colorado:
Arvada, City of, Adams and Jefferson County	085072	April 30, 1971, Emerg; June 23, 1972, Reg; February 5, 2014, Susp	......do	Do.
Edgewater, City of, Jefferson County	080089	June 6, 1974, Emerg; August 15, 1989, Reg; February 5, 2014, Susp	......do	Do.
Golden, City of, Jefferson County	080090	June 19, 1975, Emerg; May 15, 1985, Reg; February 5, 2014, Susp	......do	Do.
Jefferson County, Unincorporated Areas	080087	July 5, 1973, Emerg; August 5, 1986, Reg; February 5, 2014, Susp	......do	Do.
Lakewood, City of, Jefferson County	085075	April 16, 1971, Emerg; July 21, 1972, Reg; February 5, 2014, Susp	......do	Do.
Morrison, Town of, Jefferson County	080092	September 11, 1975, Emerg; December 1, 1982, Reg; February 5, 2014, Susp	......do	Do.
Westminster, City of, Adams and Jefferson County	080008	July 13, 1973, Emerg; September 30, 1988, Reg; February 5, 2014, Susp	......do	Do.
Wheat Ridge, City of, Jefferson County	085079	April 16, 1971, Emerg; May 26, 1972, Reg; February 5, 2014, Susp	......do	Do.
Wyoming: Fremont County, Unincorporated Areas	560080	July 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.

Dated: December 11, 2013.

David L. Miller

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