81_FR_49313 81 FR 49169 - Suspension of Community Eligibility

81 FR 49169 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range49169-49171
FR Document2016-17732

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 81 Issue 144 (Wednesday, July 27, 2016)
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Rules and Regulations]
[Pages 49169-49171]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17732]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8439]


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 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.

[[Page 49170]]

    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:

----------------------------------------------------------------------------------------------------------------
                                                 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 VI
Arkansas:
    Clay County, Unincorporated        050423  September 19,      Aug. 3, 2016..........  Aug. 3, 2016.
     Areas.                                     1979, Emerg;
                                                March 1, 1990,
                                                Reg; August 3,
                                                2016, Susp.
    Corning, City of, Clay             050030  November 1, 1974,  ......do*.............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg;
                                                August 3, 2016,
                                                Susp.
    Knobel, Town of, Clay              050032  July 15, 1975,     ......do..............   Do.
     County.                                    Emerg; June 25,
                                                1976, Reg;
                                                August 3, 2016,
                                                Susp.
    McDougal, City of, Clay            050033  October 8, 1975,   ......do..............   Do.
     County.                                    Emerg; June 1,
                                                1987, Reg;
                                                August 3, 2016,
                                                Susp.
    Peach Orchard, City of,            050034  May 29, 1975,      ......do..............   Do.
     Clay County.                               Emerg; March 25,
                                                1985, Reg;
                                                August 3, 2016,
                                                Susp.
    Piggott, City of, Clay             050035  May 5, 1975,       ......do..............   Do.
     County.                                    Emerg; August 4,
                                                1987, Reg;
                                                August 3, 2016,
                                                Susp.
    Pollard, City of, Clay             050036  April 11, 1975,    ......do..............   Do.
     County.                                    Emerg; August
                                                31, 1982, Reg;
                                                August 3, 2016,
                                                Susp.
    Rector, City of, Clay              050366  March 15, 1976,    ......do..............   Do.
     County.                                    Emerg; August
                                                31, 1982, Reg;
                                                August 3, 2016,
                                                Susp.
    Saint Francis, City of,            050037  April 22, 1975,    ......do..............   Do.
     Clay County.                               Emerg; September
                                                14, 1982, Reg;
                                                August 3, 2016,
                                                Susp.
    Success, Town of, Clay             050289  December 12,       ......do..............   Do.
     County.                                    1975, Emerg;
                                                August 31, 1982,
                                                Reg; August 3,
                                                2016, Susp.
 
           Region VII
Nebraska:
    Colon, Village of, Saunders        310290  N/A, Emerg;        ......do..............   Do.
     County.                                    September 21,
                                                2010, Reg;
                                                August 3, 2016,
                                                Susp.
    Ithaca, Village of,                310198  November 12,       ......do..............   Do.
     Saunders County.                           1975, Emerg; May
                                                1, 1987, Reg;
                                                August 3, 2016,
                                                Susp.
    Mead, Village of, Saunders         310301  August 5, 1976,    ......do..............   Do.
     County.                                    Emerg; September
                                                24, 1984, Reg;
                                                August 3, 2016,
                                                Susp.
    Saunders County,                   310195  April 6, 1973,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                1, 1978, Reg;
                                                August 3, 2016,
                                                Susp.
    Wahoo, City of, Saunders           310204  August 25, 1972,   ......do..............   Do.
     County.                                    Emerg; December
                                                1, 1977, Reg;
                                                August 3, 2016,
                                                Susp.
    Weston, Village of,                310205  October 24, 1979,  ......do..............   Do.
     Saunders County.                           Emerg; July 3,
                                                1985, Reg;
                                                August 3, 2016,
                                                Susp.
 
           Region IX
California:
    American Canyon, City of,          060755  N/A, Emerg;        ......do..............   Do.
     Napa County.                               January 11,
                                                1994, Reg;
                                                August 3, 2016,
                                                Susp.
    Benicia, City of, Solano           060368  May 28, 1975,      ......do..............   Do.
     County.                                    Emerg; May 31,
                                                1977, Reg;
                                                August 3, 2016,
                                                Susp.
    Napa, City of, Napa County.        060207  July 25, 1975,     ......do..............   Do.
                                                Emerg; September
                                                5, 1979, Reg;
                                                August 3, 2016,
                                                Susp.
    Napa County, Unincorporated        060205  January 29, 1971,  ......do..............   Do.
     Areas.                                     Emerg; February
                                                1, 1980, Reg;
                                                August 3, 2016,
                                                Susp.
----------------------------------------------------------------------------------------------------------------
*......do and Do. = Ditto.
Code for reading third column: Emerg--Emergency; Reg--Regular; Susp--Suspension.



[[Page 49171]]

    Dated: July 11, 2016
Michael M Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency
[FR Doc. 2016-17732 Filed 7-26-16; 8:45 am]
 BILLING CODE 9110-12-P



                                                             Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Rules and Regulations                                          49169

                                           List of Subjects in 40 CFR Part 180                  management measures prior to the                          pursuant to the Robert T. Stafford
                                             Environmental protection,                          effective suspension date given in this                   Disaster Relief and Emergency
                                           Administrative practice and procedure,               rule, the suspension will not occur and                   Assistance Act not in connection with a
                                           Agricultural commodities, Pesticides                 a notice of this will be provided by                      flood) may be provided for construction
                                           and pests, Reporting and recordkeeping               publication in the Federal Register on a                  or acquisition of buildings in identified
                                           requirements.                                        subsequent date. Also, information                        SFHAs for communities not
                                                                                                identifying the current participation                     participating in the NFIP and identified
                                              Dated: July 14, 2016.                             status of a community can be obtained                     for more than a year on FEMA’s initial
                                           Susan Lewis,                                         from FEMA’s Community Status Book                         FIRM for the community as having
                                           Director, Registration Division, Office of           (CSB). The CSB is available at http://                    flood-prone areas (section 202(a) of the
                                           Pesticide Programs.                                  www.fema.gov/fema/csb.shtm.                               Flood Disaster Protection Act of 1973,
                                              Therefore, 40 CFR chapter I is                    DATES: The effective date of each                         42 U.S.C. 4106(a), as amended). This
                                           amended as follows:                                  community’s scheduled suspension is                       prohibition against certain types of
                                                                                                the third date (‘‘Susp.’’) listed in the                  Federal assistance becomes effective for
                                           PART 180—[AMENDED]                                   third column of the following tables.                     the communities listed on the date
                                                                                                FOR FURTHER INFORMATION CONTACT: If                       shown in the last column. The
                                           ■ 1. The authority citation for part 180
                                                                                                you want to determine whether a                           Administrator finds that notice and
                                           continues to read as follows:                                                                                  public comment procedures under 5
                                                                                                particular community was suspended
                                              Authority: 21 U.S.C. 321(q), 346a and 371.        on the suspension date or for further                     U.S.C. 553(b), are impracticable and
                                           ■ 2. In § 180.593, add alphabetically the            information, contact Patricia Suber,                      unnecessary because communities listed
                                           commodity ‘‘Soybean, seed’’ to the table Federal Insurance and Mitigation                                      in this final rule have been adequately
                                           in paragraph (a) to read as follows:                 Administration, Federal Emergency                         notified.
                                                                                                Management Agency, 500 C Street SW.,                         Each community receives 6-month,
                                           § 180.593 Etoxazole; tolerances for                  Washington, DC 20472, (202) 646–4149.                     90-day, and 30-day notification letters
                                           residues.                                                                                                      addressed to the Chief Executive Officer
                                                                                                SUPPLEMENTARY INFORMATION: The NFIP
                                              (a) * * *                                         enables property owners to purchase                       stating that the community will be
                                                                                                Federal flood insurance that is not                       suspended unless the required
                                                                                    Parts                                                                 floodplain management measures are
                                                     Commodity                                  otherwise generally available from
                                                                                 (per million)
                                                                                                private insurers. In return, communities                  met prior to the effective suspension
                                                                                                agree to adopt and administer local                       date. Since these notifications were
                                               *         *          *           *          *    floodplain management measures aimed                      made, this final rule may take effect
                                           Soybean, seed ......................            0.02 at protecting lives and new construction                  within less than 30 days.
                                                                                                from future flooding. Section 1315 of                        National Environmental Policy Act.
                                               *         *          *           *          *                                                              This rule is categorically excluded from
                                                                                                the National Flood Insurance Act of
                                                                                                1968, as amended, 42 U.S.C. 4022,                         the requirements of 44 CFR part 10,
                                           *      *     *      *        *                                                                                 Environmental Considerations. No
                                           [FR Doc. 2016–17786 Filed 7–26–16; 8:45 am]
                                                                                                prohibits the sale of NFIP flood
                                                                                                insurance unless an appropriate public                    environmental impact assessment has
                                           BILLING CODE 6560–50–P                                                                                         been prepared.
                                                                                                body adopts adequate floodplain
                                                                                                management measures with effective                           Regulatory Flexibility Act. The
                                                                                                enforcement measures. The                                 Administrator has determined that this
                                           DEPARTMENT OF HOMELAND                               communities listed in this document no                    rule is exempt from the requirements of
                                           SECURITY                                             longer meet that statutory requirement                    the Regulatory Flexibility Act because
                                                                                                for compliance with program                               the National Flood Insurance Act of
                                           Federal Emergency Management                                                                                   1968, as amended, Section 1315, 42
                                           Agency                                               regulations, 44 CFR part 59.
                                                                                                Accordingly, the communities will be                      U.S.C. 4022, prohibits flood insurance
                                                                                                suspended on the effective date in the                    coverage unless an appropriate public
                                           44 CFR Part 64                                                                                                 body adopts adequate floodplain
                                                                                                third column. As of that date, flood
                                           [Docket ID FEMA–2016–0002; Internal                  insurance will no longer be available in                  management measures with effective
                                           Agency Docket No. FEMA–8439]                         the community. We recognize that some                     enforcement measures. The
                                                                                                of these communities may adopt and                        communities listed no longer comply
                                           Suspension of Community Eligibility                  submit the required documentation of                      with the statutory requirements, and
                                           AGENCY: Federal Emergency                            legally enforceable floodplain                            after the effective date, flood insurance
                                           Management Agency, DHS.                              management measures after this rule is                    will no longer be available in the
                                           ACTION: Final rule.                                  published but prior to the actual                         communities unless remedial action
                                                                                                suspension date. These communities                        takes place.
                                           SUMMARY: This rule identifies                        will not be suspended and will continue                      Regulatory Classification. This final
                                           communities where the sale of flood                  to be eligible for the sale of NFIP flood                 rule is not a significant regulatory action
                                           insurance has been authorized under                  insurance. A notice withdrawing the                       under the criteria of section 3(f) of
                                           the National Flood Insurance Program                 suspension of such communities will be                    Executive Order 12866 of September 30,
                                           (NFIP) that are scheduled for                        published in the Federal Register.                        1993, Regulatory Planning and Review,
                                           suspension on the effective dates listed                In addition, FEMA publishes a Flood                    58 FR 51735.
                                           within this rule because of                          Insurance Rate Map (FIRM) that                               Executive Order 13132, Federalism.
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                                           noncompliance with the floodplain                    identifies the Special Flood Hazard                       This rule involves no policies that have
                                           management requirements of the                       Areas (SFHAs) in these communities.                       federalism implications under Executive
                                           program. If the Federal Emergency                    The date of the FIRM, if one has been                     Order 13132.
                                           Management Agency (FEMA) receives                    published, is indicated in the fourth                        Executive Order 12988, Civil Justice
                                           documentation that the community has                 column of the table. No direct Federal                    Reform. This rule meets the applicable
                                           adopted the required floodplain                      financial assistance (except assistance                   standards of Executive Order 12988.


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                                           49170               Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Rules and Regulations

                                             Paperwork Reduction Act. This rule                         Accordingly, 44 CFR part 64 is                      1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
                                           does not involve any collection of                         amended as follows:                                   3 CFR, 1979 Comp.; p. 376.
                                           information for purposes of the
                                                                                                      PART 64—[AMENDED]                                     § 64.6    [Amended]
                                           Paperwork Reduction Act, 44 U.S.C.
                                           3501 et seq.                                               ■ 1. The authority citation for part 64               ■ 2. The tables published under the
                                           List of Subjects in 44 CFR Part 64                         continues to read as follows:                         authority of § 64.6 are amended as
                                                                                                        Authority: 42 U.S.C. 4001 et seq.;
                                                                                                                                                            follows:
                                              Flood insurance, Floodplains.                           Reorganization Plan No. 3 of 1978, 3 CFR,

                                                                                                                                                                                                      Date certain
                                                                                                                                                                                                        Federal
                                                                                                    Community          Effective date authorization/cancellation of      Current effective
                                                            State and location                                                                                                                       assistance no
                                                                                                       No.                sale of flood insurance in community              map date                longer available
                                                                                                                                                                                                       in SFHAs

                                                          Region VI
                                           Arkansas:
                                               Clay County, Unincorporated Areas ......                    050423      September 19, 1979, Emerg; March 1,               Aug. 3, 2016 .....         Aug. 3, 2016.
                                                                                                                         1990, Reg; August 3, 2016, Susp.
                                                Corning, City of, Clay County ................             050030      November 1, 1974, Emerg; July 2, 1980,            ......do* ..............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Knobel, Town of, Clay County ..............                050032      July 15, 1975, Emerg; June 25, 1976, Reg;         ......do ...............       Do.
                                                                                                                         August 3, 2016, Susp.
                                                McDougal, City of, Clay County ............                050033      October 8, 1975, Emerg; June 1, 1987,             ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Peach Orchard, City of, Clay County ....                   050034      May 29, 1975, Emerg; March 25, 1985,              ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Piggott, City of, Clay County .................            050035      May 5, 1975, Emerg; August 4, 1987, Reg;          ......do ...............       Do.
                                                                                                                         August 3, 2016, Susp.
                                                Pollard, City of, Clay County .................            050036      April 11, 1975, Emerg; August 31, 1982,           ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Rector, City of, Clay County ..................            050366      March 15, 1976, Emerg; August 31, 1982,           ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Saint Francis, City of, Clay County .......                050037      April 22, 1975, Emerg; September 14,              ......do ...............       Do.
                                                                                                                         1982, Reg; August 3, 2016, Susp.
                                                Success, Town of, Clay County ............                 050289      December 12, 1975, Emerg; August 31,              ......do ...............       Do.
                                                                                                                         1982, Reg; August 3, 2016, Susp.
                                                           Region VII
                                           Nebraska:
                                              Colon, Village of, Saunders County ......                    310290      N/A, Emerg; September 21, 2010, Reg; Au-          ......do ...............       Do.
                                                                                                                         gust 3, 2016, Susp.
                                                Ithaca, Village of, Saunders County ......                 310198      November 12, 1975, Emerg; May 1, 1987,            ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Mead, Village of, Saunders County ......                   310301      August 5, 1976, Emerg; September 24,              ......do ...............       Do.
                                                                                                                         1984, Reg; August 3, 2016, Susp.
                                                Saunders    County,    Unincorporated                      310195      April 6, 1973, Emerg; December 1, 1978,           ......do ...............       Do.
                                                  Areas.                                                                 Reg; August 3, 2016, Susp.
                                                Wahoo, City of, Saunders County .........                  310204      August 25, 1972, Emerg; December 1,               ......do ...............       Do.
                                                                                                                         1977, Reg; August 3, 2016, Susp.
                                                Weston, Village of, Saunders County ...                    310205      October 24, 1979, Emerg; July 3, 1985,            ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                             Region IX
                                           California:
                                                American Canyon, City of, Napa Coun-                       060755      N/A, Emerg; January 11, 1994, Reg; Au-            ......do ...............       Do.
                                                  ty.                                                                    gust 3, 2016, Susp.
                                                Benicia, City of, Solano County ............               060368      May 28, 1975, Emerg; May 31, 1977, Reg;           ......do ...............       Do.
                                                                                                                         August 3, 2016, Susp.
                                                Napa, City of, Napa County ..................              060207      July 25, 1975, Emerg; September 5, 1979,          ......do ...............       Do.
                                                                                                                         Reg; August 3, 2016, Susp.
                                                Napa County, Unincorporated Areas ....                     060205      January 29, 1971, Emerg; February 1,              ......do ...............       Do.
                                                                                                                         1980, Reg; August 3, 2016, Susp.
                                              *......do and Do. = Ditto.
                                              Code for reading third column: Emerg—Emergency; Reg—Regular; Susp—Suspension.
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                                                             Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Rules and Regulations                                           49171

                                             Dated: July 11, 2016                                   private insurers. In return, communities              met prior to the effective suspension
                                           Michael M Grimm,                                         agree to adopt and administer local                   date. Since these notifications were
                                           Assistant Administrator for Mitigation,                  floodplain management measures aimed                  made, this final rule may take effect
                                           Federal Insurance and Mitigation                         at protecting lives and new construction              within less than 30 days.
                                           Administration, Department of Homeland                   from future flooding. Section 1315 of
                                           Security, Federal Emergency Management                                                                           National Environmental Policy Act.
                                                                                                    the National Flood Insurance Act of                   This rule is categorically excluded from
                                           Agency                                                   1968, as amended, 42 U.S.C. 4022,
                                           [FR Doc. 2016–17732 Filed 7–26–16; 8:45 am]
                                                                                                                                                          the requirements of 44 CFR part 10,
                                                                                                    prohibits the sale of NFIP flood
                                                                                                                                                          Environmental Considerations. No
                                           BILLING CODE 9110–12–P                                   insurance unless an appropriate public
                                                                                                                                                          environmental impact assessment has
                                                                                                    body adopts adequate floodplain
                                                                                                                                                          been prepared.
                                                                                                    management measures with effective
                                           DEPARTMENT OF HOMELAND                                   enforcement measures. The                                Regulatory Flexibility Act. The
                                           SECURITY                                                 communities listed in this document no                Administrator has determined that this
                                                                                                    longer meet that statutory requirement                rule is exempt from the requirements of
                                           Federal Emergency Management                                                                                   the Regulatory Flexibility Act because
                                                                                                    for compliance with program
                                           Agency                                                                                                         the National Flood Insurance Act of
                                                                                                    regulations, 44 CFR part 59.
                                                                                                    Accordingly, the communities will be                  1968, as amended, Section 1315, 42
                                           44 CFR Part 64                                                                                                 U.S.C. 4022, prohibits flood insurance
                                                                                                    suspended on the effective date in the
                                           [Docket ID FEMA–2016–0002; Internal                      third column. As of that date, flood                  coverage unless an appropriate public
                                           Agency Docket No. FEMA–8437]                             insurance will no longer be available in              body adopts adequate floodplain
                                                                                                    the community. We recognize that some                 management measures with effective
                                           Suspension of Community Eligibility                      of these communities may adopt and                    enforcement measures. The
                                           AGENCY:  Federal Emergency                               submit the required documentation of                  communities listed no longer comply
                                           Management Agency, DHS.                                  legally enforceable floodplain                        with the statutory requirements, and
                                                                                                    management measures after this rule is                after the effective date, flood insurance
                                           ACTION: Final rule.
                                                                                                    published but prior to the actual                     will no longer be available in the
                                           SUMMARY:    This rule identifies                         suspension date. These communities                    communities unless remedial action
                                           communities where the sale of flood                      will not be suspended and will continue               takes place.
                                           insurance has been authorized under                      to be eligible for the sale of NFIP flood               Regulatory Classification. This final
                                           the National Flood Insurance Program                     insurance. A notice withdrawing the                   rule is not a significant regulatory action
                                           (NFIP) that are scheduled for                            suspension of such communities will be                under the criteria of section 3(f) of
                                           suspension on the effective dates listed                 published in the Federal Register.
                                                                                                                                                          Executive Order 12866 of September 30,
                                           within this rule because of                                 In addition, FEMA publishes a Flood
                                                                                                                                                          1993, Regulatory Planning and Review,
                                           noncompliance with the floodplain                        Insurance Rate Map (FIRM) that
                                                                                                                                                          58 FR 51735.
                                           management requirements of the                           identifies the Special Flood Hazard
                                                                                                    Areas (SFHAs) in these communities.                     Executive Order 13132, Federalism.
                                           program. If the Federal Emergency
                                                                                                    The date of the FIRM, if one has been                 This rule involves no policies that have
                                           Management Agency (FEMA) receives
                                           documentation that the community has                     published, is indicated in the fourth                 federalism implications under Executive
                                           adopted the required floodplain                          column of the table. No direct Federal                Order 13132.
                                           management measures prior to the                         financial assistance (except assistance                 Executive Order 12988, Civil Justice
                                           effective suspension date given in this                  pursuant to the Robert T. Stafford                    Reform. This rule meets the applicable
                                           rule, the suspension will not occur and                  Disaster Relief and Emergency                         standards of Executive Order 12988.
                                           a notice of this will be provided by                     Assistance Act not in connection with a
                                                                                                    flood) may be provided for construction                 Paperwork Reduction Act. This rule
                                           publication in the Federal Register on a                                                                       does not involve any collection of
                                           subsequent date. Also, information                       or acquisition of buildings in identified
                                                                                                    SFHAs for communities not                             information for purposes of the
                                           identifying the current participation                                                                          Paperwork Reduction Act, 44 U.S.C.
                                           status of a community can be obtained                    participating in the NFIP and identified
                                                                                                    for more than a year on FEMA’s initial                3501 et seq.
                                           from FEMA’s Community Status Book
                                           (CSB). The CSB is available at http://                   FIRM for the community as having                      List of Subjects in 44 CFR Part 64
                                           www.fema.gov/fema/csb.shtm.                              flood-prone areas (section 202(a) of the
                                                                                                    Flood Disaster Protection Act of 1973,                    Flood insurance, Floodplains.
                                           DATES: The effective date of each
                                                                                                    42 U.S.C. 4106(a), as amended). This
                                           community’s scheduled suspension is                                                                              Accordingly, 44 CFR part 64 is
                                                                                                    prohibition against certain types of
                                           the third date (‘‘Susp.’’) listed in the                                                                       amended as follows:
                                                                                                    Federal assistance becomes effective for
                                           third column of the following tables.                    the communities listed on the date                    PART 64—[AMENDED]
                                           FOR FURTHER INFORMATION CONTACT: If                      shown in the last column. The
                                           you want to determine whether a                          Administrator finds that notice and
                                           particular community was suspended                                                                             ■ 1. The authority citation for part 64
                                                                                                    public comment procedures under 5
                                           on the suspension date or for further                                                                          continues to read as follows:
                                                                                                    U.S.C. 553(b), are impracticable and
                                           information, contact Patricia Suber,                     unnecessary because communities listed                  Authority: 42 U.S.C. 4001 et seq.;
                                           Federal Insurance and Mitigation                         in this final rule have been adequately               Reorganization Plan No. 3 of 1978, 3 CFR,
                                           Administration, Federal Emergency                        notified.                                             1978 Comp.; p. 329; E.O. 12127, 44 FR 19367,
ehiers on DSK5VPTVN1PROD with RULES




                                           Management Agency, 500 C Street SW.,                                                                           3 CFR, 1979 Comp.; p. 376.
                                                                                                       Each community receives 6-month,
                                           Washington, DC 20472, (202) 646–4149.                    90-day, and 30-day notification letters               § 64.6    [Amended]
                                           SUPPLEMENTARY INFORMATION: The NFIP                      addressed to the Chief Executive Officer
                                           enables property owners to purchase                      stating that the community will be                    ■ 2. The tables published under the
                                           Federal flood insurance that is not                      suspended unless the required                         authority of § 64.6 are amended as
                                           otherwise generally available from                       floodplain management measures are                    follows:


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Document Created: 2018-02-08 08:02:54
Document Modified: 2018-02-08 08:02:54
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 Citation81 FR 49169 
CFR AssociatedFlood Insurance and Floodplains

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