2014-06090. 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:

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 V
Indiana:
Aurora, City of, Dearborn County	185172	January 19, 1973, Emerg; April 6, 1973, Reg; April 16, 2014, Susp.	April 16, 2014	April 16, 2014
Borden, Town of, Clark County	180464	December 17, 1990, Emerg; N/A, Reg; April 16, 2014, Susp.	......do	Do.
Charlestown, City of, Clark County	180025	October 16, 1975, Emerg; November 15, 1979, Reg; April 16, 2014, Susp.	......do	Do.
Clark County, Unincorporated Areas	180426	September 15, 1975, Emerg; September 30, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Clarksville, Town of, Clark County	180026	October 15, 1971, Emerg; August 3, 1981, Reg; April 16, 2014, Susp.	......do	Do.
Dearborn County, Unincorporated Areas	180038	April 3, 1975, Emerg; September 16, 1982, Reg; April 16, 2014, Susp.	......do	Do.
Floyd County, Unincorporated Areas	180432	December 2, 1976, Emerg; January 2, 1981, Reg; April 16, 2014, Susp.	......do	Do.
Greendale, City of, Dearborn County	180040	March 19, 1975, Emerg; September 16, 1982, Reg; April 16, 2014, Susp.	......do	Do.
Jeffersonville, City of, Clark County	180027	June 20, 1974, Emerg; August 1, 1979, Reg; April 16, 2014, Susp.	......do	Do.
Lawrenceburg, City of, Dearborn County	180041	December 27, 1974, Emerg; September 16, 1982, Reg; April 16, 2014, Susp.	......do	Do.
New Albany, City of, Floyd County	180062	October 1, 1971, Emerg; December 17, 1976, Reg; April 16, 2014, Susp.	......do	Do.
Patriot, Town of, Switzerland County	180309	May 5, 1975, Emerg; December 4, 1979, Reg; April 16, 2014, Susp.	......do	Do.
Sellersburg, Town of, Clark County	180028	August 14, 1975, Emerg; August 1, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Switzerland County, Unincorporated Areas	180251	April 1, 1975, Emerg; January 16, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Utica, Town of, Clark County	180487	February 12, 1982, Emerg; February 12, 1982, Reg; April 16, 2014, Susp.	......do	Do.
Vevay, Town of, Switzerland County	180352	April 1, 1975, Emerg; December 4, 1979, Reg; April 16, 2014, Susp.	......do	Do.
West Harrison, Town of, Dearborn County	180042	October 1, 1975, Emerg; January 17, 1985, Reg; April 16, 2014, Susp.	......do	Do.
Ohio:
Belpre, City of, Washington County	390567	April 18, 1975, Emerg; August 1, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Beverly, Village of, Washington County	390568	March 25, 1975, Emerg; August 1, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Lowell, Village of, Washington County	390569	April 9, 1975, Emerg; August 15, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Lower Salem, Village of, Washington County	390570	February 24, 1975, Emerg; November 5, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Macksburg, Village of, Washington County	390571	April 23, 1975, Emerg; August 15, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Marietta, City of, Washington County	390572	June 4, 1975, Emerg; February 18, 1981, Reg; April 16, 2014, Susp.	......do	Do.
Washington County, Unincorporated Areas	390566	December 24, 1975, Emerg; February 18, 1981, Reg; April 16, 2014, Susp.	......do	Do.
Wisconsin:
Altoona, City of, Eau Claire County	550126	January 31, 1975, Emerg; February 18, 2009, Reg; April 16, 2014, Susp.	......do	Do.
Chippewa County, Unincorporated Areas	555549	March 26, 1971, Emerg; June 22, 1973, Reg; April 16, 2014, Susp.	......do	Do.
Eau Claire, City of, Chippewa and Eau Claire Counties	550128	March 19, 1971, Emerg; June 1, 1977, Reg; April 16, 2014, Susp.	......do	Do.
Eau Claire County, Unincorporated Areas	555552	May 28, 1971, Emerg; January 12, 1973, Reg; April 16, 2014, Susp.	......do	Do.
Region VI
Texas:
Bullard, City of, Smith County	480568	June 11, 1975, Emerg; April 24, 1979, Reg; April 16, 2014, Susp.	......do	Do.
Hideaway, City of, Smith County	480200	N/A, Emerg; December 31, 2008, Reg; April 16, 2014, Susp.	......do	Do.
Lexington, Town of, Lee County	480902	N/A, Emerg; July 19, 2012, Reg; April 16, 2014, Susp.	......do	Do.
Lindale, City of, Smith County	480569	N/A, Emerg; March 6, 2009, Reg; April 16, 2014, Susp.	......do	Do.
Smith County, Unincorporated Areas	481185	January 5, 1979, Emerg; July 2, 1981, Reg; April 16, 2014, Susp.	......do	Do.
Tyler, City of, Smith County	480571	August 5, 1974, Emerg; August 1, 1980, Reg; April 16, 2014, Susp.	......do	Do.
Region VII
Iowa:
Muscatine, City of, Muscatine County	190213	January 15, 1974, Emerg; January 5, 1978, Reg; April 16, 2014, Susp.	......do	Do.
Muscatine County, Unincorporated Areas	190836	April 8, 1975, Emerg; October 17, 1986, Reg; April 16, 2014, Susp.	......do	Do.
Nebraska:
Clarkson, City of, Colfax County	310359	December 5, 1977, Emerg; December 18, 1986, Reg; April 16, 2014, Susp.	......do	Do.
Colfax County, Unincorporated Areas	310426	March 31, 1978, Emerg; February 1, 1987, Reg; April 16, 2014, Susp.	......do	Do.
Howells, Village of, Colfax County	310380	May 22, 1978, Emerg; June 2, 1981, Reg; April 16, 2014, Susp.	......do	Do.
Leigh, Village of, Colfax County	310386	August 25, 1975, Emerg; July 1, 1987, Reg; April 16, 2014, Susp.	......do	Do.
Rogers, Village of, Colfax County	315497	November 30, 1990, Emerg; September 17, 1992, Reg; April 16, 2014, Susp.	......do	Do.
Schuyler, City of, Colfax County	310046	August 30, 1974, Emerg; March 5, 1990, Reg; April 16, 2014, Susp.	......do	Do.
* do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 7, 2014.

David L. Miller,

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