80_FR_73896 80 FR 73669 - Suspension of Community Eligibility

80 FR 73669 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 80, Issue 227 (November 25, 2015)

Page Range73669-73670
FR Document2015-30045

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.

Federal Register, Volume 80 Issue 227 (Wednesday, November 25, 2015) 
[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73669-73670]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30045]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-8411]


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: 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 Patricia Suber, Federal Insurance and 
Mitigation Administration, Federal Emergency Management Agency, 500 C 
Street SW., Washington, DC 20472, (202) 646-4149.

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]

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:

[[Page 73670]]



----------------------------------------------------------------------------------------------------------------
                                                 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
----------------------------------------------------------------------------------------------------------------
           Region II
 
New York:
    Hoosick, Town of,                  361154  December 16,       January 6, 2016.......  January 6, 2016.
     Rensselaer County.                         1975, Emerg;
                                                August 1, 1987,
                                                Reg; January 6,
                                                2016, Susp.
    Hoosick Falls, Village of,         360674  December 26,       ......do..............   Do.
     Rensselaer County.                         1974, Emerg; May
                                                16, 1980, Reg;
                                                January 6, 2016,
                                                Susp.
    Pittstown, Town of,                361166  May 20, 1975,      ......do..............   Do.
     Rensselaer County.                         Emerg; February
                                                1, 1988, Reg;
                                                January 6, 2016,
                                                Susp.
    Schaghticoke, Town of,             361168  January 21, 1976,  ......do..............   Do.
     Rensselaer County.                         Emerg; July 16,
                                                1984, Reg;
                                                January 6, 2016,
                                                Susp.
    Schaghticoke, Village of,          361058  December 27,       ......do..............   Do.
     Rensselaer County.                         1979, Emerg;
                                                June 11, 1982,
                                                Reg; January 6,
                                                2016, Susp.
    Valley Falls, Village of,          361469  December 19,       ......do..............   Do.
     Rensselaer County.                         1975, Emerg;
                                                June 5, 1985,
                                                Reg; January 6,
                                                2016, Susp.
           Region VI
 
Texas:
    Austin, City of, Travis and        480624  May 9, 1975,       ......do..............   Do.
     Williamson Counties.                       Emerg; September
                                                2, 1981, Reg;
                                                January 6, 2016,
                                                Susp.
    Bastrop County,                    481193  September 12,      ......do..............   Do.
     Unincorporated Areas.                      1978, Emerg;
                                                August 19, 1991,
                                                Reg; January 6,
                                                2016, Susp.
    Mustang Ridge, City of,            481687  N/A, Emerg; June   ......do..............   Do.
     Caldwell and Travis                        15, 2000, Reg;
     Counties.                                  January 6, 2016,
                                                Susp.
    Rollingwood, City of,              481029  February 3, 1975,  ......do..............   Do.
     Travis County.                             Emerg; September
                                                29, 1978, Reg;
                                                January 6, 2016,
                                                Susp.
    Travis County,                     481026  January 29, 1976,  ......do..............   Do.
     Unincorporated Areas.                      Emerg; April 1,
                                                1982, Reg;
                                                January 6, 2016,
                                                Susp.
    West Lake Hills, City of,          481030  March 10, 1976,    ......do..............   Do.
     Travis County.                             Emerg; July 17,
                                                1978, Reg;
                                                January 6, 2016,
                                                Susp.
           Region IX
 
California:
    Palos Verdes Estates, City         060145  January 29, 1971,  ......do..............   Do.
     of, Los Angeles County.                    Emerg; September
                                                7, 1984, Reg;
                                                January 6, 2016,
                                                Susp.
    Torrance, City of, Los             060165  June 26, 1975,     ......do..............   Do.
     Angeles County.                            Emerg; December
                                                18, 1979, Reg;
                                                January 6, 2016,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspnsion.


    Dated: November 12, 2015.
Roy E. Wright
Deputy Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2015-30045 Filed 11-24-15; 8:45 am]
 BILLING CODE 9110-12-P

Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations 73669 Dated: November 16, 2015. agree to adopt and administer local floodplain management measures are Sylvia M. Burwell, floodplain management measures aimed met prior to the effective suspension Secretary, Department of Health and Human at protecting lives and new construction date. Since these notifications were Services. from future flooding. Section 1315 of made, this final rule may take effect [FR Doc. 2015–29827 Filed 11–24–15; 8:45 am] the National Flood Insurance Act of within less than 30 days. BILLING CODE 4163–18–P 1968, as amended, 42 U.S.C. 4022, National Environmental Policy Act. prohibits the sale of NFIP flood This rule is categorically excluded from insurance unless an appropriate public the requirements of 44 CFR part 10, DEPARTMENT OF HOMELAND body adopts adequate floodplain Environmental Considerations. No SECURITY management measures with effective environmental impact assessment has enforcement measures. The been prepared. Federal Emergency Management communities listed in this document no Regulatory Flexibility Act. The Agency longer meet that statutory requirement Administrator has determined that this for compliance with program rule is exempt from the requirements of 44 CFR Part 64 regulations, 44 CFR part 59. the Regulatory Flexibility Act because Accordingly, the communities will be the National Flood Insurance Act of [Docket ID FEMA–2015–0001; Internal Agency Docket No. FEMA–8411] suspended on the effective date in the 1968, as amended, Section 1315, 42 third column. As of that date, flood U.S.C. 4022, prohibits flood insurance Suspension of Community Eligibility insurance will no longer be available in coverage unless an appropriate public the community. We recognize that some body adopts adequate floodplain AGENCY: Federal Emergency of these communities may adopt and management measures with effective Management Agency, DHS. submit the required documentation of enforcement measures. The ACTION: Final rule. legally enforceable floodplain communities listed no longer comply management measures after this rule is with the statutory requirements, and SUMMARY: This rule identifies published but prior to the actual after the effective date, flood insurance communities where the sale of flood suspension date. These communities will no longer be available in the insurance has been authorized under will not be suspended and will continue communities unless remedial action the National Flood Insurance Program to be eligible for the sale of NFIP flood takes place. (NFIP) that are scheduled for insurance. A notice withdrawing the Regulatory Classification. This final suspension on the effective dates listed suspension of such communities will be rule is not a significant regulatory action within this rule because of published in the Federal Register. under the criteria of section 3(f) of noncompliance with the floodplain In addition, FEMA publishes a Flood management requirements of the Executive Order 12866 of September 30, Insurance Rate Map (FIRM) that program. If the Federal Emergency 1993, Regulatory Planning and Review, identifies the Special Flood Hazard Management Agency (FEMA) receives 58 FR 51735. Areas (SFHAs) in these communities. documentation that the community has The date of the FIRM, if one has been Executive Order 13132, Federalism. adopted the required floodplain published, is indicated in the fourth This rule involves no policies that have management measures prior to the column of the table. No direct Federal federalism implications under Executive effective suspension date given in this financial assistance (except assistance Order 13132. rule, the suspension will not occur and pursuant to the Robert T. Stafford Executive Order 12988, Civil Justice a notice of this will be provided by Disaster Relief and Emergency Reform. This rule meets the applicable publication in the Federal Register on a Assistance Act not in connection with a standards of Executive Order 12988. subsequent date. Also, information flood) may be provided for construction Paperwork Reduction Act. This rule identifying the current participation or acquisition of buildings in identified does not involve any collection of status of a community can be obtained SFHAs for communities not information for purposes of the from FEMA’s Community Status Book participating in the NFIP and identified Paperwork Reduction Act, 44 U.S.C. (CSB). The CSB is available at http:// for more than a year on FEMA’s initial 3501 et seq. www.fema.gov/fema/csb.shtm. FIRM for the community as having DATES: The effective date of each List of Subjects in 44 CFR Part 64 flood-prone areas (section 202(a) of the community’s scheduled suspension is Flood Disaster Protection Act of 1973, Flood insurance, Floodplains. the third date (‘‘Susp.’’) listed in the 42 U.S.C. 4106(a), as amended). This Accordingly, 44 CFR part 64 is third column of the following tables. prohibition against certain types of amended as follows: FOR FURTHER INFORMATION CONTACT: If Federal assistance becomes effective for you want to determine whether a the communities listed on the date PART 64—[AMENDED] particular community was suspended shown in the last column. The on the suspension date or for further Administrator finds that notice and ■ 1. The authority citation for Part 64 information, contact Patricia Suber, public comment procedures under 5 continues to read as follows: Federal Insurance and Mitigation U.S.C. 553(b), are impracticable and Authority: 42 U.S.C. 4001 et seq.; Administration, Federal Emergency unnecessary because communities listed Reorganization Plan No. 3 of 1978, 3 CFR, Management Agency, 500 C Street SW., in this final rule have been adequately 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, Washington, DC 20472, (202) 646–4149. notified. 3 CFR, 1979 Comp.; p. 376. SUPPLEMENTARY INFORMATION: The NFIP Each community receives 6-month, jstallworth on DSK7TPTVN1PROD with RULES § 64.6 [Amended] enables property owners to purchase 90-day, and 30-day notification letters Federal flood insurance that is not addressed to the Chief Executive Officer ■ 2. The tables published under the otherwise generally available from stating that the community will be authority of § 64.6 are amended as private insurers. In return, communities suspended unless the required follows: VerDate Sep<11>2014 15:12 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

73670 Federal Register / Vol. 80, No. 227 / Wednesday, November 25, 2015 / Rules and Regulations Date certain Federal Community Effective date authorization/cancellation of Current effective assistance State and location No. sale of flood insurance in community map date no longer available in SFHAs Region II New York: Hoosick, Town of, Rensselaer County .. 361154 December 16, 1975, Emerg; August 1, January 6, 2016 January 6, 2016. 1987, Reg; January 6, 2016, Susp. Hoosick Falls, Village of, Rensselaer 360674 December 26, 1974, Emerg; May 16, 1980, ......do ............... Do. County. Reg; January 6, 2016, Susp. Pittstown, Town of, Rensselaer County 361166 May 20, 1975, Emerg; February 1, 1988, ......do ............... Do. Reg; January 6, 2016, Susp. Schaghticoke, Town of, Rensselaer 361168 January 21, 1976, Emerg; July 16, 1984, ......do ............... Do. County. Reg; January 6, 2016, Susp. Schaghticoke, Village of, Rensselaer 361058 December 27, 1979, Emerg; June 11, 1982, ......do ............... Do. County. Reg; January 6, 2016, Susp. Valley Falls, Village of, Rensselaer 361469 December 19, 1975, Emerg; June 5, 1985, ......do ............... Do. County. Reg; January 6, 2016, Susp. Region VI Texas: Austin, City of, Travis and Williamson 480624 May 9, 1975, Emerg; September 2, 1981, ......do ............... Do. Counties. Reg; January 6, 2016, Susp. Bastrop County, Unincorporated Areas 481193 September 12, 1978, Emerg; August 19, ......do ............... Do. 1991, Reg; January 6, 2016, Susp. Mustang Ridge, City of, Caldwell and 481687 N/A, Emerg; June 15, 2000, Reg; January ......do ............... Do. Travis Counties. 6, 2016, Susp. Rollingwood, City of, Travis County ...... 481029 February 3, 1975, Emerg; September 29, ......do ............... Do. 1978, Reg; January 6, 2016, Susp. Travis County, Unincorporated Areas ... 481026 January 29, 1976, Emerg; April 1, 1982, ......do ............... Do. Reg; January 6, 2016, Susp. West Lake Hills, City of, Travis County 481030 March 10, 1976, Emerg; July 17, 1978, ......do ............... Do. Reg; January 6, 2016, Susp. Region IX California: Palos Verdes Estates, City of, Los An- 060145 January 29, 1971, Emerg; September 7, ......do ............... Do. geles County. 1984, Reg; January 6, 2016, Susp. Torrance, City of, Los Angeles County 060165 June 26, 1975, Emerg; December 18, 1979, ......do ............... Do. Reg; January 6, 2016, Susp. ......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspnsion. Dated: November 12, 2015. insurance has been authorized under FOR FURTHER INFORMATION CONTACT: If Roy E. Wright the National Flood Insurance Program you want to determine whether a Deputy Associate Administrator, Federal (NFIP) that are scheduled for particular community was suspended Insurance and Mitigation Administration, suspension on the effective dates listed on the suspension date or for further Department of Homeland Security, Federal within this rule because of information, contact Patricia Suber, Emergency Management Agency. noncompliance with the floodplain Federal Insurance and Mitigation [FR Doc. 2015–30045 Filed 11–24–15; 8:45 am] management requirements of the Administration, Federal Emergency BILLING CODE 9110–12–P program. If the Federal Emergency Management Agency, 500 C Street SW., Management Agency (FEMA) receives Washington, DC 20472, (202) 646–4149. documentation that the community has SUPPLEMENTARY INFORMATION: The NFIP DEPARTMENT OF HOMELAND adopted the required floodplain enables property owners to purchase SECURITY Federal flood insurance that is not management measures prior to the effective suspension date given in this otherwise generally available from Federal Emergency Management rule, the suspension will not occur and private insurers. In return, communities Agency a notice of this will be provided by agree to adopt and administer local publication in the Federal Register on a floodplain management measures aimed 44 CFR Part 64 at protecting lives and new construction subsequent date. Also, information [Docket ID FEMA–2015–0001; Internal identifying the current participation from future flooding. Section 1315 of Agency Docket No. FEMA–8409] status of a community can be obtained the National Flood Insurance Act of from FEMA’s Community Status Book 1968, as amended, 42 U.S.C. 4022, jstallworth on DSK7TPTVN1PROD with RULES Suspension of Community Eligibility prohibits the sale of NFIP flood (CSB). The CSB is available at http:// AGENCY: Federal Emergency www.fema.gov/fema/csb.shtm. insurance unless an appropriate public Management Agency, DHS. body adopts adequate floodplain ACTION: Final rule. DATES: The effective date of each management measures with effective community’s scheduled suspension is enforcement measures. The SUMMARY:This rule identifies the third date (‘‘Susp.’’) listed in the communities listed in this document no communities where the sale of flood third column of the following tables. longer meet that statutory requirement VerDate Sep<11>2014 15:12 Nov 24, 2015 Jkt 238001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1


Document Created: 2018-03-01 11:14:45
Document Modified: 2018-03-01 11:14:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables.
ContactIf you want to determine whether a particular community was suspended on the suspension date or for further information, contact Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-4149.
FR Citation80 FR 73669 
CFR AssociatedFlood Insurance and Floodplains
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