81_FR_78269 81 FR 78054 - Suspension of Community Eligibility

81 FR 78054 - Suspension of Community Eligibility

DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency

Federal Register Volume 81, Issue 215 (November 7, 2016)

Page Range78054-78056
FR Document2016-26766

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 https://www.fema.gov/national-flood-insurance-program- community-status-book.

Federal Register, Volume 81 Issue 215 (Monday, November 7, 2016) 
[Federal Register Volume 81, Number 215 (Monday, November 7, 2016)]
[Rules and Regulations]
[Pages 78054-78056]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-26766]


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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-8455]


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

[[Page 78055]]

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 https://www.fema.gov/national-flood-insurance-program-community-status-book.

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, 400 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. FEMA has determined that the 
community suspension(s) included in this rule is a non-discretionary 
action and therefore the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) does not apply.
    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
----------------------------------------------------------------------------------------------------------------
          Region II
 
New York:
    Denning, Town of, Ulster         361439  February 13,     November 18, 2016.......  November 18, 2016.
     County.                                  1976, Emerg;
                                              May 25, 1984,
                                              Reg; November
                                              18, 2016, Susp.
    Hardenburgh, Town of,            361578  December 26,     ......do................   Do.
     Ulster County.                           1975, Emerg;
                                              July 20, 1984,
                                              Reg; November
                                              18, 2016, Susp.
    Hurley, Town of, Ulster          360857  June 20, 1975,   ......do................   Do.
     County.                                  Emerg; July 3,
                                              1985, Reg;
                                              November 18,
                                              2016, Susp.
    Marbletown, Town of,             361219  September 26,    ......do................   Do.
     Ulster County.                           1975, Emerg;
                                              October 22,
                                              1982, Reg;
                                              November 18,
                                              2016, Susp.

[[Page 78056]]

 
    Olive, Town of, Ulster           360860  July 7, 1975,    ......do................   Do.
     County.                                  Emerg;
                                              November 1,
                                              1984, Reg;
                                              November 18,
                                              2016, Susp.
    Shandaken, Town of,              360864  December 18,     ......do................   Do.
     Ulster County.                           1974, Emerg;
                                              January 17,
                                              1985, Reg;
                                              November 18,
                                              2016, Susp.
    Wawarsing, Town of,              360867  September 15,    ......do................   Do.
     Ulster County.                           1975, Emerg;
                                              September 15,
                                              1983, Reg;
                                              November 18,
                                              2016, Susp.
    Woodstock, Town of,              360868  May 28, 1975,    ......do................   Do.
     Ulster County.                           Emerg;
                                              September 27,
                                              1991, Reg;
                                              November 18,
                                              2016, Susp.
 
          Region IV
 
Tennessee:
    Franklin County,                 470344  June 12, 1991,   ......do................   Do.
     Unincorporated Areas.                    Emerg; January
                                              2, 1992, Reg;
                                              November 18,
                                              2016, Susp.
    Lincoln County,                  470104  June 3, 1991,    ......do................   Do.
     Unincorporated Areas.                    Emerg; October
                                              1, 1992, Reg;
                                              November 18,
                                              2016, Susp.
----------------------------------------------------------------------------------------------------------------
*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: October 27, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2016-26766 Filed 11-4-16; 8:45 am]
 BILLING CODE 9110-12-P

78054 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations List of Subjects in 40 CFR Part 52 Dated: September 27, 2016. Authority: 42 U.S.C. 7401 et seq. Michael Kenyon, Environmental protection, Air Acting Regional Administrator, EPA New Subpart EE—New Hampshire pollution control, Carbon monoxide, England. Incorporation by reference, ■ 2. In § 52.1520, the table in paragraph Part 52 of chapter I, title 40 of the (c) is amended by adding five entries for Intergovernmental relations, Lead, Code of Federal Regulations is amended state citation ‘‘Env-A 807’’, ‘‘Env-A Nitrogen dioxide, Ozone, Particulate as follows: 2100’’, ‘‘Env-A 2400’’, ‘‘Env-A 2700’’, matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile PART 52—APPROVAL AND and ‘‘Env-A 2800’’ in alphanumeric organic compounds. PROMULGATION OF order to read as follows: IMPLEMENTATION PLANS § 52.1520 Identification of plan. ■ 1. The authority citation for part 52 * * * * * continues to read as follows: (c) * * * EPA-APPROVED NEW HAMPSHIRE REGULATIONS State citation Title/subject State effective date EPA approval date 1 Explanations * * * * * * * Env-A 807 .................. Testing and Monitoring Proce- October 31, 2002 ...... November 7, 2016 [Insert Approve Part Env-A 807 dures. Federal Register citation]. ‘‘Testing for Opacity of Emissions.’’ * * * * * * * Env-A 2100 ................ Particulate Matter and Visible April 23, 2013 ............ November 7, 2016 [Insert Approve Chapter Env-A 2100, Emissions Standards. Federal Register citation]. except Part Env-A 2103.03 ‘‘Affirmative Defense to Penalty Action,’’ which NH DES did not submit for ap- proval. * * * * * * * Env-A 2400 ................ Ferrous and Non-Ferrous April 23, 2013 ............ November 7, 2016 [Insert Approve Chapter Env-A 2400, Foundries, Smelters, and Federal Register citation]. except PART Env-A 2405 Investment Casting Oper- ‘‘Affirmative Defenses for ations. Violations of Visible Emis- sion Standards,’’ which NH DES did not submit for ap- proval. Env-A 2700 ................ Hot Mix Asphalt Plants ........... February 16, 2013 ..... November 7, 2016 [Insert Federal Register citation]. * * * * * * * Env-A 2800 ................ Sand and Gravel Sources; October 1, 2010 ........ November 7, 2016 [Insert Non-Metallic Mineral Proc- Federal Register citation]. essing Plants; Cement and Concrete Sources. * * * * * * * 1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this col- umn for the particular provision. * * * * * DEPARTMENT OF HOMELAND SUMMARY: This rule identifies [FR Doc. 2016–26598 Filed 11–4–16; 8:45 am] SECURITY communities where the sale of flood BILLING CODE 6560–50–P insurance has been authorized under Federal Emergency Management the National Flood Insurance Program Agency (NFIP) that are scheduled for suspension on the effective dates listed 44 CFR Part 64 within this rule because of noncompliance with the floodplain [Docket ID FEMA–2016–0002; Internal management requirements of the Agency Docket No. FEMA–8455] program. If the Federal Emergency Management Agency (FEMA) receives ehiers on DSK5VPTVN1PROD with RULES Suspension of Community Eligibility documentation that the community has adopted the required floodplain AGENCY:Federal Emergency management measures prior to the Management Agency, DHS. effective suspension date given in this ACTION: Final rule. rule, the suspension will not occur and a notice of this will be provided by VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1

Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations 78055 publication in the Federal Register on a will not be suspended and will continue rule is exempt from the requirements of subsequent date. Also, information to be eligible for the sale of NFIP flood the Regulatory Flexibility Act because identifying the current participation insurance. A notice withdrawing the the National Flood Insurance Act of status of a community can be obtained suspension of such communities will be 1968, as amended, Section 1315, 42 from FEMA’s Community Status Book published in the Federal Register. U.S.C. 4022, prohibits flood insurance (CSB). The CSB is available at https:// In addition, FEMA publishes a Flood coverage unless an appropriate public www.fema.gov/national-flood- Insurance Rate Map (FIRM) that body adopts adequate floodplain insurance-program-community-status- identifies the Special Flood Hazard management measures with effective book. Areas (SFHAs) in these communities. enforcement measures. The DATES: The effective date of each The date of the FIRM, if one has been communities listed no longer comply community’s scheduled suspension is published, is indicated in the fourth with the statutory requirements, and the third date (‘‘Susp.’’) listed in the column of the table. No direct Federal after the effective date, flood insurance third column of the following tables. financial assistance (except assistance will no longer be available in the pursuant to the Robert T. Stafford communities unless remedial action FOR FURTHER INFORMATION CONTACT: If Disaster Relief and Emergency takes place. you want to determine whether a Assistance Act not in connection with a Regulatory Classification. This final particular community was suspended flood) may be provided for construction rule is not a significant regulatory action on the suspension date or for further or acquisition of buildings in identified under the criteria of section 3(f) of information, contact Patricia Suber, SFHAs for communities not Executive Order 12866 of September 30, Federal Insurance and Mitigation participating in the NFIP and identified Administration, Federal Emergency 1993, Regulatory Planning and Review, for more than a year on FEMA’s initial Management Agency, 400 C Street SW., 58 FR 51735. FIRM for the community as having Washington, DC 20472, (202) 646–4149. Executive Order 13132, Federalism. flood-prone areas (section 202(a) of the SUPPLEMENTARY INFORMATION: The NFIP Flood Disaster Protection Act of 1973, This rule involves no policies that have enables property owners to purchase 42 U.S.C. 4106(a), as amended). This federalism implications under Executive Federal flood insurance that is not prohibition against certain types of Order 13132. otherwise generally available from Federal assistance becomes effective for Executive Order 12988, Civil Justice private insurers. In return, communities the communities listed on the date Reform. This rule meets the applicable agree to adopt and administer local shown in the last column. The standards of Executive Order 12988. floodplain management measures aimed Administrator finds that notice and Paperwork Reduction Act. This rule at protecting lives and new construction public comment procedures under 5 does not involve any collection of from future flooding. Section 1315 of U.S.C. 553(b), are impracticable and information for purposes of the the National Flood Insurance Act of unnecessary because communities listed Paperwork Reduction Act, 44 U.S.C. 1968, as amended, 42 U.S.C. 4022, in this final rule have been adequately 3501 et seq. prohibits the sale of NFIP flood notified. insurance unless an appropriate public Each community receives 6-month, List of Subjects in 44 CFR Part 64 body adopts adequate floodplain 90-day, and 30-day notification letters management measures with effective Flood insurance, Floodplains. addressed to the Chief Executive Officer enforcement measures. The stating that the community will be Accordingly, 44 CFR part 64 is communities listed in this document no suspended unless the required amended as follows: longer meet that statutory requirement floodplain management measures are for compliance with program met prior to the effective suspension PART 64—[AMENDED] regulations, 44 CFR part 59. date. Since these notifications were Accordingly, the communities will be made, this final rule may take effect ■ 1. The authority citation for part 64 suspended on the effective date in the within less than 30 days. continues to read as follows: third column. As of that date, flood National Environmental Policy Act. Authority: 42 U.S.C. 4001 et seq.; insurance will no longer be available in FEMA has determined that the Reorganization Plan No. 3 of 1978, 3 CFR, the community. We recognize that some community suspension(s) included in 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, of these communities may adopt and this rule is a non-discretionary action 3 CFR, 1979 Comp.; p. 376. submit the required documentation of and therefore the National § 64.6 [Amended] legally enforceable floodplain Environmental Policy Act of 1969 (42 management measures after this rule is U.S.C. 4321 et seq.) does not apply. ■ 2. The tables published under the published but prior to the actual Regulatory Flexibility Act. The authority of § 64.6 are amended as suspension date. These communities Administrator has determined that this follows: Date certain Federal Community Effective date authorization/cancellation Current effective State and location assistance no longer No. of sale of flood insurance in community map date available in SFHAs Region II New York: Denning, Town of, Ulster County .... 361439 February 13, 1976, Emerg; May 25, November 18, 2016. November 18, 2016. 1984, Reg; November 18, 2016, Susp. ehiers on DSK5VPTVN1PROD with RULES Hardenburgh, Town of, Ulster 361578 December 26, 1975, Emerg; July 20, ......do ...................... Do. County. 1984, Reg; November 18, 2016, Susp. Hurley, Town of, Ulster County ....... 360857 June 20, 1975, Emerg; July 3, 1985, ......do ...................... Do. Reg; November 18, 2016, Susp. Marbletown, Town of, Ulster County 361219 September 26, 1975, Emerg; October ......do ...................... Do. 22, 1982, Reg; November 18, 2016, Susp. VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 E:\FR\FM\07NOR1.SGM 07NOR1

78056 Federal Register / Vol. 81, No. 215 / Monday, November 7, 2016 / Rules and Regulations Date certain Federal Community Effective date authorization/cancellation Current effective State and location assistance no longer No. of sale of flood insurance in community map date available in SFHAs Olive, Town of, Ulster County ......... 360860 July 7, 1975, Emerg; November 1, ......do ...................... Do. 1984, Reg; November 18, 2016, Susp. Shandaken, Town of, Ulster County 360864 December 18, 1974, Emerg; January ......do ...................... Do. 17, 1985, Reg; November 18, 2016, Susp. Wawarsing, Town of, Ulster County 360867 September 15, 1975, Emerg; Sep- ......do ...................... Do. tember 15, 1983, Reg; November 18, 2016, Susp. Woodstock, Town of, Ulster County 360868 May 28, 1975, Emerg; September 27, ......do ...................... Do. 1991, Reg; November 18, 2016, Susp. Region IV Tennessee: Franklin County, Unincorporated 470344 June 12, 1991, Emerg; January 2, ......do ...................... Do. Areas. 1992, Reg; November 18, 2016, Susp. Lincoln County, Unincorporated 470104 June 3, 1991, Emerg; October 1, 1992, ......do ...................... Do. Areas. Reg; November 18, 2016, Susp. *do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: October 27, 2016. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2016–26766 Filed 11–4–16; 8:45 am] BILLING CODE 9110–12–P ehiers on DSK5VPTVN1PROD with RULES VerDate Sep<11>2014 11:32 Nov 04, 2016 Jkt 241001 PO 00000 Frm 00036 Fmt 4700 Sfmt 9990 E:\FR\FM\07NOR1.SGM 07NOR1


Document Created: 2018-02-14 08:21:16
Document Modified: 2018-02-14 08:21:16
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, 400 C Street SW., Washington, DC 20472, (202) 646-4149.
FR Citation81 FR 78054 
CFR AssociatedFlood Insurance and Floodplains
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