
[Federal Register Volume 78, Number 213 (Monday, November 4, 2013)]
[Rules and Regulations]
[Pages 65882-65884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26245]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2013-0002; Internal Agency Docket No. FEMA-8305]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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, (202) 646-2953.

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

[[Page 65883]]

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]

0
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                Effective date
                                                authorization/
                                  Community    cancellation of     Current effective map   Date certain Federal
      State and  location            No.        sale of flood              date            assistance no longer
                                                 insurance in                               available in SFHAs
                                                  community
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            Region V
 
Indiana: LaGrange County,            180125  January 18, 1990,    Nov. 20, 2013.........  Nov. 20, 2013.
 Unincorporated Areas.                        Emerg; February 1,
                                              1994, Reg;
                                              November 20, 2013,
                                              Susp.
Michigan:
    Macomb, Township of, Macomb      260445  December 16, 1977,   ......do *............   Do.
     County.                                  Emerg; February 4,
                                              1981, Reg;
                                              November 20, 2013,
                                              Susp.
    Ray, Township of, Macomb         260910  June 9, 1993,        ......do..............   Do.
     County.                                  Emerg; January 25,
                                              2006, Reg;
                                              November 20, 2013,
                                              Susp.
    Shelby, Charter Township         260126  March 9, 1973,       ......do..............   Do.
     of, Macomb County.                       Emerg; July 16,
                                              1980, Reg;
                                              November 20, 2013,
                                              Susp.
    Washington, Charter              260447  February 12, 1982,   ......do..............   Do.
     Township of, Macomb County.              Emerg; February
                                              12, 1982, Reg;
                                              November 20, 2013,
                                              Susp.
Wisconsin:
    Baraboo, City of, Sauk           550392  June 1, 1973,        ......do..............   Do.
     County.                                  Emerg; August 1,
                                              1979, Reg;
                                              November 20, 2013,
                                              Susp.
    Germantown, Village of,          550472  July 15, 1975,       ......do..............   Do.
     Washington County.                       Emerg; May 3,
                                              1982, Reg;
                                              November 20, 2013,
                                              Susp.
    Hartford, City of,               550473  April 17, 1975,      ......do..............   Do.
     Washington County.                       Emerg; December 4,
                                              1984, Reg;
                                              November 20, 2013,
                                              Susp.
    Jackson, Village of,             550530  April 2, 1975,       ......do..............   Do.
     Washington County.                       Emerg; August 17,
                                              1981, Reg;
                                              November 20, 2013,
                                              Susp.
    Kewaskum, Village of,            550474  July 7, 1975,        ......do..............   Do.
     Washington County.                       Emerg; January 6,
                                              1982, Reg;
                                              November 20, 2013,
                                              Susp.
    La Valle, Village of, Sauk       550395  March 5, 1975,       ......do..............   Do.
     County.                                  Emerg; September
                                              19, 1984, Reg;
                                              November 20, 2013,
                                              Susp.
    Newburg, Village of,             550056  N/A, Emerg;          ......do..............   Do.
     Washington County.                       November 13, 2008,
                                              Reg; November 20,
                                              2013, Susp.
    North Freedom, Village of,       550399  April 22, 1975,      ......do..............   Do.
     Sauk County.                             Emerg; September
                                              19, 1984, Reg;
                                              November 20, 2013,
                                              Susp.
    Reedsburg, City of, Sauk         550402  May 21, 1975,        ......do..............   Do.
     County.                                  Emerg; March 4,
                                              1985, Reg;
                                              November 20, 2013,
                                              Susp.
    Richfield, Village of,           550518  N/A, Emerg;          ......do..............   Do.
     Washington County.                       September 30,
                                              2008, Reg;
                                              November 20, 2013,
                                              Susp.
    Rock Springs, Village of,        550403  April 30, 1975,      ......do..............   Do.
     Sauk County.                             Emerg; September
                                              18, 1985, Reg;
                                              November 20, 2013,
                                              Susp.

[[Page 65884]]

 
    Sauk County, Unincorporated      550391  September 7, 1973,   ......do..............   Do.
     Areas.                                   Emerg; September
                                              17, 1980, Reg;
                                              November 20, 2013,
                                              Susp.
    Slinger, Village of,             550587  October 16, 1986,    ......do..............   Do.
     Washington County.                       Emerg; N/A, Reg;
                                              November 20, 2013,
                                              Susp.
    Washington County,               550471  May 28, 1975,        ......do..............   Do.
     Unincorporated Areas.                    Emerg; September
                                              1, 1983, Reg;
                                              November 20, 2013,
                                              Susp.
    West Baraboo, Village of,        550407  July 24, 1975,       ......do..............   Do.
     Sauk County.                             Emerg; September
                                              19, 1984, Reg;
                                              November 20, 2013,
                                              Susp.
    West Bend, City of,              550475  August 15, 1975,     ......do..............   Do.
     Washington County.                       Emerg; August 2,
                                              1982, Reg;
                                              November 20, 2013,
                                              Susp.
 
           Region VI
 
Texas:
    Leon County, Unincorporated      480903  November 24, 1995,   ......do..............   Do.
     Areas.                                   Emerg;
                                             N/A, Reg; November
                                              20, 2013, Susp.
    Normangee, City of, Leon         480436  October 8, 1976,     ......do..............   Do.
     County.                                  Emerg; July 6,
                                              1982, Reg;
                                              November 20, 2013,
                                              Susp.
    Oakwood, Town of, Leon           480437  October 13, 1995,    ......do..............   Do.
     County.                                  Emerg; N/A, Reg;
                                              November 20, 2013,
                                              Susp.
 
          Region VIII
 
Colorado: Denver, City and           080046  April 16, 1971,      ......do..............   Do.
 County of.                                   Emerg; April 15,
                                              1986, Reg;
                                              November 20, 2013,
                                              Susp.
 
           Region IX
 
Nevada: Lander County,               320013  June 26, 1975,       ......do..............   Do.
 Unincorporated Areas.                        Emerg; April 5,
                                              1983, Reg;
                                              November 20, 2013,
                                              Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 21, 2013
David L. Miller,
Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2013-26245 Filed 11-1-13; 8:45 am]
BILLING CODE 9110-12-P


