| Page Range | 87467-87470 | |
| FR Document | 2016-29033 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Rules and Regulations] [Pages 87467-87470] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-29033] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8459] 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 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 [[Page 87468]] 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: ---------------------------------------------------------------------------------------------------------------- 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 III Pennsylvania: Annin, Township of, McKean 421850 August 7, 1974, December 22, 2016..... December 22, 2016. County. Emerg; August 1, 1987, Reg; December 22, 2016, Susp. Bradford, City of, McKean 420665 April 15, 1974, ......do *............ Do. County. Emerg; September 16, 1981, Reg; December 22, 2016, Susp. Bradford, Township of, 422245 July 2, 1974, ......do.............. Do. McKean County. Emerg; September 16, 1981, Reg; December 22, 2016, Susp. Ceres, Township of, McKean 421853 August 6, 1974, ......do.............. Do. County. Emerg; September 18, 1987, Reg; December 22, 2016, Susp. Corydon, Township of, 422473 April 23, 1976, ......do.............. Do. McKean County. Emerg; March 1, 1987, Reg; December 22, 2016, Susp. Eldred, Borough of, McKean 420666 August 1, 1973, ......do.............. Do. County. Emerg; September 3, 1980, Reg; December 22, 2016, Susp. Foster, Township of, 421855 July 23, 1974, ......do.............. Do. McKean County. Emerg; November 18, 1981, Reg; December 22, 2016, Susp. [[Page 87469]] Hamilton, Township of, 421856 April 29, 1975, ......do.............. Do. McKean County. Emerg; March 1, 1987, Reg; December 22, 2016, Susp. Hamlin, Township of, 421857 August 1, 1974, ......do.............. Do. McKean County. Emerg; March 1, 1987, Reg; December 22, 2016, Susp. Lafayette, Township of, 421858 May 23, 1975, ......do.............. Do. McKean County. Emerg; June 30, 1976, Reg; December 22, 2016, Susp. Liberty, Township of, 420668 August 24, 1973, ......do.............. Do. McKean County. Emerg; September 1, 1977, Reg; December 22, 2016, Susp. Norwich, Township of, 421859 December 19, 1974, ......do.............. Do. McKean County. Emerg; July 1, 1987, Reg; December 22, 2016, Susp. Otto, Township of, McKean 421860 April 8, 1977, ......do.............. Do. County. Emerg; June 1, 1987, Reg; December 22, 2016, Susp. Port Allegany, Borough of, 420671 June 1, 1973, ......do.............. Do. McKean County. Emerg; June 15, 1979, Reg; December 22, 2016, Susp. Sergeant, Township of, 422474 August 5, 1975, ......do.............. Do. McKean County. Emerg; July 3, 1985, Reg; December 22, 2016, Susp. Smethport, Borough of, 420672 June 29, 1973, ......do.............. Do. McKean County. Emerg; April 17, 1978, Reg; December 22, 2016, Susp. Region IV Florida: Auburndale, City of, Polk 120262 September 26, ......do.............. Do. County. 1974, Emerg; May 11, 1979, Reg; December 22, 2016, Susp. Bartow, City of, Polk 120263 June 18, 1975, ......do.............. Do. County. Emerg; December 16, 1980, Reg; December 22, 2016, Susp. Davenport, City of, Polk 120410 March 1, 1976, ......do.............. Do. County. Emerg; December 2, 1980, Reg; December 22, 2016, Susp. Dundee, Town of, Polk 120409 February 19, 1976, ......do.............. Do. County. Emerg; November 19, 1980, Reg; December 22, 2016, Susp. Fort Meade, City of, Polk 120264 June 13, 1975, ......do.............. Do. County. Emerg; November 5, 1980, Reg; December 22, 2016, Susp. Frostproof, City of, Polk 120265 May 2, 1975, ......do.............. Do. County. Emerg; May 1, 1980, Reg; December 22, 2016, Susp. Haines City, City of, Polk 120266 May 28, 1975, ......do.............. Do. County. Emerg; September 16, 1981, Reg; December 22, 2016, Susp. Lake Alfred, City of, Polk 120667 N/A, Emerg; ......do.............. Do. County. September 24, 2003, Reg; December 22, 2016, Susp. Lake Hamilton, Town of, 120414 March 23, 1976, ......do.............. Do. Polk County. Emerg; November 5, 1980, Reg; December 22, 2016, Susp. Lake Wales, City of, Polk 120390 November 4, 1982, ......do.............. Do. County. Emerg; March 16, 1988, Reg; December 22, 2016, Susp. Lakeland, City of, Polk 120267 June 26, 1975, ......do.............. Do. County. Emerg; September 16, 1981, Reg; December 22, 2016, Susp. Mulberry, City of, Polk 120268 July 19, 1974, ......do.............. Do. County. Emerg; February 4, 1981, Reg; December 22, 2016, Susp. Polk City, City of, Polk 120665 N/A, Emerg; March ......do.............. Do. County. 22, 2005, Reg; December 22, 2016, Susp. Polk County, 120261 September 1, 1977, ......do.............. Do. Unincorporated Areas. Emerg; January 19, 1983, Reg; December 22, 2016, Susp. Tennessee: Brentwood, City of, 470205 March 23, 1973, ......do.............. Do. Williamson County. Emerg; February 1, 1978, Reg; December 22, 2016, Susp. Cheatham County, 470026 September 27, ......do.............. Do. Unincorporated Areas. 1974, Emerg; May 19, 1981, Reg; December 22, 2016, Susp. Dickson County, 470046 June 18, 1982, ......do.............. Do. Unincorporated Areas. Emerg; June 15, 1984, Reg; December 22, 2016, Susp. Fairview, City of, 470242 August 18, 1986, ......do.............. Do. Williamson County. Emerg; September 1, 1990, Reg; December 22, 2016, Susp. Franklin, City of, 470206 September 25, ......do.............. Do. Williamson County. 1974, Emerg; July 2, 1980, Reg; December 22, 2016, Susp. Kingston Springs, Town of, 470289 June 11, 1984, ......do.............. Do. Cheatham County. Emerg; June 11, 1984, Reg; December 22, 2016, Susp. Pegram, Town of, Cheatham 470291 April 9, 1987, ......do.............. Do. County. Emerg; April 9, 1987, Reg; December 22, 2016, Susp. Williamson County, 470204 May 27, 1975, ......do.............. Do. Unincorporated Areas. Emerg; April 1, 1981, Reg; December 22, 2016, Susp. Region VII Kansas: Andale, City of, Sedgwick 200322 August 15, 1975, ......do.............. Do. County. Emerg; June 11, 1976, Reg; December 22, 2016, Susp. [[Page 87470]] Bel Aire, City of, 200864 February 15, 1985, ......do.............. Do. Sedgwick County. Emerg; March 15, 1987, Reg; December 22, 2016, Susp. Belle Plaine, City of, 200466 July 25, 1975, ......do.............. Do. Sumner County. Emerg; July 17, 1978, Reg; December 22, 2016, Susp. Bentley, City of, Sedgwick 200390 N/A, Emerg; August ......do.............. Do. County. 12, 2009, Reg; December 22, 2016, Susp. Cheney, City of, Sedgwick 200478 N/A, Emerg; ......do.............. Do. County. November 30, 2005, Reg; December 22, 2016, Susp. Clearwater, City of, 200482 March 29, 1976, ......do.............. Do. Sedgwick County. Emerg; August 15, 1980, Reg; December 22, 2016, Susp. Colwich, City of, Sedgwick 200484 January 14, 1976, ......do.............. Do. County. Emerg; July 11, 1978, Reg; December 22, 2016, Susp. Derby, City of, Sedgwick 200323 January 17, 1975, ......do.............. Do. County. Emerg; October 15, 1981, Reg; December 22, 2016, Susp. Garden Plain, City of, 200498 October 28, 1976, ......do.............. Do. Sedgwick County. Emerg; September 18, 1985, Reg; December 22, 2016, Susp. Kechi, City of, Sedgwick 200429 August 3, 1979, ......do.............. Do. County. Emerg; August 15, 1980, Reg; December 22, 2016, Susp. Maize, City of, Sedgwick 200520 N/A, Emerg; ......do.............. Do. County. December 24, 2002, Reg; December 22, 2016, Susp. Mount Hope, City of, 200325 August 26, 1975, ......do.............. Do. Sedgwick County. Emerg; June 27, 1978, Reg; December 22, 2016, Susp. Park City, City of, 200963 May 28, 1982, ......do.............. Do. Sedgwick County. Emerg; November 19, 1986, Reg; December 22, 2016, Susp. Valley Center, City of, 200327 May 29, 1975, ......do.............. Do. Sedgwick County. Emerg; January 14, 1977, Reg; December 22, 2016, Susp. Wichita, City of, Sedgwick 200328 March 24, 1972, ......do.............. Do. County. Emerg; May 15, 1986, Reg; December 22, 2016, Susp. Region IX Nevada: Carson City, City of, 320001 August 6, 1975, ......do.............. Do. Independent City. Emerg; March 4, 1986, Reg; December 22, 2016, Susp. ---------------------------------------------------------------------------------------------------------------- *-do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: November 21, 2016. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2016-29033 Filed 12-2-16; 8:45 am] BILLING CODE 9110-12-P
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
| 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. | |
| FR Citation | 81 FR 87467 | |
| CFR Associated | Flood Insurance and Floodplains |