2014-30545. 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 III
Maryland:
Caroline County, Unincorporated Areas	240130	June 18, 1974, Emerg; October 15, 1980, Reg; January 16, 2015, Susp.	January 16, 2015	January 16, 2015.
Denton, Town of, Caroline County	240104	September 24, 1974, Emerg; December 18, 1979, Reg; January 16, 2015, Susp.	* ......do	Do.
Federalsburg, Town of, Caroline and Dorchester Counties	240013	November 5, 1971, Emerg; March 15, 1977, Reg; January 16, 2015, Susp.	......do	Do.
Greensboro, Town of, Caroline County	240014	December 27, 1974, Emerg; November 1, 1979, Reg; January 16, 2015, Susp.	......do	Do.
Hillsboro, Town of, Caroline County	240111	February 27, 1975, Emerg; February 12, 1982, Reg; January 16, 2015, Susp.	......do	Do.
Pennsylvania:
Bellefonte, Borough of, Centre County	420257	March 30, 1973, Emerg; February 2, 1977, Reg; January 16, 2015, Susp.	......do	Do.
Benner, Township of, Centre County	421460	April 7, 1975, Emerg; June 5, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Howard, Borough of, Centre County	420263	May 13, 1975, Emerg; August 3, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Howard, Township of, Centre County	421464	February 9, 1976, Emerg; August 3, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Liberty, Township of, Centre County	421196	April 13, 1976, Emerg; June 5, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Marion, Township of, Centre County	421465	July 29, 1975, Emerg; November 2, 1984, Reg; January 16, 2015, Susp.	......do	Do.
Spring, Township of, Centre County	420269	October 13, 1972, Emerg; April 15, 1977, Reg; January 16, 2015, Susp.	......do	Do.
Virginia:
Virginia Beach, City of, Independent City	515531	September 11, 1970, Emerg; April 23, 1971, Reg; January 16, 2015, Susp.	......do	Do.
York County, Unincorporated Areas	510182	October 5, 1973, Emerg; December 16, 1988, Reg; January 16, 2015, Susp.	......do	Do.
Region V
Indiana:
Burlington, Town of, Carroll County	180318	March 21, 1977, Emerg; June 8, 1984, Reg; January 16, 2015, Susp.	......do	Do.
Carroll County, Unincorporated Areas	180019	October 28, 1975, Emerg; November 15, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Delphi, City of, Carroll County	180020	July 25, 1975, Emerg; August 1, 1995, Reg; January 16, 2015, Susp.	......do	Do.
Flora, Town of, Carroll County	180021	April 9, 1975, Emerg; November 1, 1995, Reg; January 16, 2015, Susp.	......do	Do.
Michigan:
Belding, City of, Ionia County	260096	February 10, 1976, Emerg; June 17, 1986, Reg; January 16, 2015, Susp.	......do	Do.
Danby, Township of, Ionia County	261438	November 22, 2013, Emerg; N/A, Reg; January 16, 2015, Susp.	......do	Do.
Easton, Township of, Ionia County	260727	June 28, 1982, Emerg; May 25, 1984, Reg; January 16, 2015, Susp.	......do	Do.
Ionia, City of, Ionia County	260097	April 28, 1975, Emerg; November 2, 1983, Reg; January 16, 2015, Susp.	......do	Do.
Ionia, Township of, Ionia County	260832	January 22, 1991, Emerg; May 2, 1999, Reg; January 16, 2015, Susp.	......do	Do.
Lake Odessa, Village of, Ionia County	260419	October 22, 1975, Emerg; September 29, 1986, Reg; January 16, 2015, Susp.	......do	Do.
Lyons, Village of, Ionia County	261440	October 22, 2013, Emerg; N/A, Reg; January 16, 2015, Susp.	......do	Do.
Muir, Village of, Ionia County	260916	June 20, 1994, Emerg; November 6, 1996, Reg; January 16, 2015, Susp.	......do	Do.
Portland, City of, Ionia County	260574	September 5, 1975, Emerg; May 1, 1984, Reg; January 16, 2015, Susp.	......do	Do.
Portland, Township of, Ionia County	260831	January 22, 1991, Emerg; June 16, 1992, Reg; January 16, 2015, Susp.	......do	Do.
Saranac, Village of, Ionia County	260421	September 3, 1976, Emerg; June 17, 1986, Reg; January 16, 2015, Susp.	......do	Do.
Region VII
Missouri:
Canton, City of, Lewis County	290204	March 25, 1974, Emerg; February 1, 1977, Reg; January 16, 2015, Susp.	......do	Do.
Lewis County, Unincorporated Areas	290844	June 18, 1982, Emerg; September 1, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Region VIII
Montana:
Darby, Town of, Ravalli County	300062	N/A, Emerg; November 2, 1998, Reg; January 16, 2015, Susp.	......do	Do.
Hamilton, City of, Ravalli County	300186	N/A, Emerg; November 10, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Ravalli County, Unincorporated Areas	300061	April 11, 1978, Emerg; July 19, 1982, Reg; January 16, 2015, Susp.	......do	Do.
Stevensville, City of, Ravalli County	300181	N/A, Emerg; November 16, 2012, Reg; January 16, 2015, Susp.	......do	Do.
North Dakota:
Argusville, City of, Cass County	380639	April 25, 1980, Emerg; February 19, 1986, Reg; January 16, 2015, Susp.	......do	Do.
Barnes, Township of, Cass County	380256	December 27, 1976, Emerg; September 27, 1985, Reg; January 16, 2015, Susp.	......do	Do.
Briarwood, City of, Cass County	380651	April 2, 1982, Emerg; September 27, 1985, Reg; January 16, 2015, Susp.	......do	Do.
Fargo, City of, Cass County	385364	April 10, 1970, Emerg; April 30, 1971, Reg; January 16, 2015, Susp.	......do	Do.
Frontier, City of, Cass County	380347	February 14, 2012, Emerg; N/A, Reg; January 16, 2015, Susp.	......do	Do.
Harwood, City of, Cass County	380338	April 11, 1978, Emerg; September 30, 1980, Reg; January 16, 2015, Susp.	......do	Do.
Harwood, Township of, Cass County	380259	March 23, 1978, Emerg; October 15, 1980, Reg; January 16, 2015, Susp.	......do	Do.
Horace, City of, Cass County	380022	November 28, 1975, Emerg; July 2, 1981, Reg; January 16, 2015, Susp.	......do	Do.
Mapleton, Township of, Cass County	380262	March 8, 1978, Emerg; October 1, 1986, Reg; January 16, 2015, Susp.	......do	Do.
North River, City of, Cass County	380623	March 29, 1979, Emerg; September 27, 1985, Reg; January 16, 2015, Susp.	......do	Do.
Oxbow, City of, Cass County	380681	N/A, Emerg; November 10, 1989, Reg; January 16, 2015, Susp.	......do	Do.
Pleasant, Township of, Cass County	380263	March 21, 1978, Emerg; February 3, 1982, Reg; January 16, 2015, Susp.	......do	Do.
Prairie Rose, City of, Cass County	380655	July 12, 1982, Emerg; June 29, 1985, Reg; January 16, 2015, Susp.	......do	Do.
Raymond, Township of, Cass County	380261	March 24, 1978, Emerg; October 1, 1986, Reg; January 16, 2015, Susp.	......do	Do.
Reed, Township of, Cass County	380257	December 27, 1977, Emerg; October 15, 1980, Reg; January 16, 2015, Susp.	......do	Do.
Reiles Acres, City of, Cass County	380324	March 22, 1978, Emerg; September 30, 1987, Reg; January 16, 2015, Susp.	......do	Do.
Stanley, Township of, Cass County	380258	May 7, 1976, Emerg; July 5, 1982, Reg; January 16, 2015, Susp.	......do	Do.
Warren, Township of, Cass County	380265	February 20, 1978, Emerg; May 1, 1986, Reg; January 16, 2015, Susp.	......do	Do.
West Fargo, City of, Cass County	380024	December 6, 1973, Emerg; April 17, 1978, Reg; January 16, 2015, Susp.	......do	Do.
* ......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: December 4, 2014.

David L. Miller,

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