82_FR_42413
Page Range | 42241-42245 | |
FR Document | 2017-18912 |
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)] [Rules and Regulations] [Pages 42241-42245] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18912] ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8497] 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: Effective Dates: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. [[Page 42242]] 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: -------------------------------------------------------------------------------------------------------------------------------------------------------- Effective date authorization/ State and location Community No. cancellation of sale of Current effective map date Date certain Federal assistance no flood insurance in longer available in SFHAs community -------------------------------------------------------------------------------------------------------------------------------------------------------- Region III Pennsylvania: Avondale, Borough of, Chester 421473 August 29, 1975, Emerg; September 29, 2017................. September 29, 2017. County. November 4, 1987, Reg; September 29, 2017, Susp. Charlestown, Township of, Chester 421475 November 24, 1975, ......*do.......................... Do. County. Emerg; December 4, 1984, Reg; September 29, 2017, Susp. Coatesville, City of, Chester 420274 December 26, 1974, ......do........................... Do. County. Emerg; May 17, 1982, Reg; September 29, 2017, Susp. Downingtown, Borough of, Chester 420275 December 3, 1971, Emerg; ......do........................... Do. County. April 15, 1977, Reg; September 29, 2017, Susp. [[Page 42243]] East Brandywine, Township of, 421476 November 21, 1975, ......do........................... Do. Chester County. Emerg; February 1, 1984, Reg; September 29, 2017, Susp. East Fallowfield, Township of, 421479 November 3, 1975, Emerg; ......do........................... Do. Chester County. June 1, 1983, Reg; September 29, 2017, Susp. East Goshen, Township of, Chester 420277 January 21, 1972, Emerg; ......do........................... Do. County. July 5, 1977, Reg; September 29, 2017, Susp. East Marlborough, Township of, 421480 March 28, 1975, Emerg; ......do........................... Do. Chester County. July 16, 1981, Reg; September 29, 2017, Susp. East Nantmeal, Township of, 421481 April 14, 1976, Emerg; ......do........................... Do. Chester County. February 1, 1984, Reg; September 29, 2017, Susp. East Nottingham, Township of, 421482 February 9, 1976, Emerg; ......do........................... Do. Chester County. September 4, 1985, Reg; September 29, 2017, Susp. East Whiteland, Township of, 420279 June 16, 1972, Emerg; ......do........................... Do. Chester County. June 1, 1989, Reg; September 29, 2017, Susp. Elk, Township of, Chester County. 422286 January 14, 1975, Emerg; ......do........................... Do. July 30, 1982, Reg; September 29, 2017, Susp. Franklin, Township of, Chester 422288 July 6, 1983, Emerg; ......do........................... Do. County. March 1, 1986, Reg; September 29, 2017, Susp. Honey Brook, Township of, Chester 422290 November 10, 1975, ......do........................... Do. County. Emerg; August 1, 1984, Reg; September 29, 2017, Susp. Kennett Square, Borough of, 420280 April 21, 1975, Emerg; ......do........................... Do. Chester County. July 16, 1981, Reg; September 29, 2017, Susp. London Britain, Township of, 422273 February 5, 1975, Emerg; ......do........................... Do. Chester County. December 31, 1982, Reg; September 29, 2017, Susp. London Grove, Township of, 422274 October 17, 1974, Emerg; ......do........................... Do. Chester County. February 11, 1983, Reg; September 29, 2017, Susp. Londonderry, Township of, Chester 421484 December 12, 1974, ......do........................... Do. County. Emerg; September 24, 1984, Reg; September 29, 2017, Susp. Modena, Borough of, Chester 420282 October 10, 1974, Emerg; ......do........................... Do. County. November 19, 1987, Reg; September 29, 2017, Susp. New London, Township of, Chester 422276 May 13, 1975, Emerg; ......do........................... Do. County. November 12, 1982, Reg; September 29, 2017, Susp. North Coventry, Township of, 420283 January 26, 1973, Emerg; ......do........................... Do. Chester County. August 15, 1978, Reg; September 29, 2017, Susp. Oxford, Borough of, Chester 420284 June 17, 1975, Emerg; ......do........................... Do. County. September 17, 1982, Reg; September 29, 2017, Susp. Parkesburg, Borough of, Chester 422277 June 11, 1975, Emerg; ......do........................... Do. County. June 1, 1983, Reg; September 29, 2017, Susp. Penn, Township of, Chester County 421487 October 15, 1975, Emerg; ......do........................... Do. December 17, 1982, Reg; September 29, 2017, Susp. Pennsbury, Township of, Chester 420285 September 29, 1972, ......do........................... Do. County. Emerg; December 28, 1976, Reg; September 29, 2017, Susp. Pocopson, Township of, Chester 420286 January 21, 1972, Emerg; ......do........................... Do. County. April 15, 1977, Reg; September 29, 2017, Susp. South Coventry, Township of, 421490 April 29, 1975, Emerg; ......do........................... Do. Chester County. July 18, 1983, Reg; September 29, 2017, Susp. Spring City, Borough of, Chester 420289 June 4, 1975, Emerg; ......do........................... Do. County. March 16, 1981, Reg; September 29, 2017, Susp. Tredyffrin, Township of, Chester 420291 September 17, 1971, ......do........................... Do. County. Emerg; April 17, 1978, Reg; September 29, 2017, Susp. [[Page 42244]] Upper Oxford, Township of, 422278 August 6, 1975, Emerg; ......do........................... Do. Chester County. February 25, 1983, Reg; September 29, 2017, Susp. Upper Uwchlan, Township of, 421491 March 10, 1976, Emerg; ......do........................... Do. Chester County. August 19, 1985, Reg; September 29, 2017, Susp. Uwchlan, Township of, Chester 421492 October 11, 1974, Emerg; ......do........................... Do. County. September 30, 1980, Reg; September 29, 2017, Susp. Valley, Township of, Chester 421206 May 23, 1974, Emerg; ......do........................... Do. County. August 1, 1984, Reg; September 29, 2017, Susp. Wallace, Township of, Chester 421493 February 11, 1976, ......do........................... Do. County. Emerg; March 11, 1983, Reg; September 29, 2017, Susp. Warwick, Township of, Chester 421494 November 28, 1975, ......do........................... Do. County. Emerg; March 1, 1984, Reg; September 29, 2017, Susp. West Bradford, Township of, 421495 February 10, 1975, ......do........................... Do. Chester County. Emerg; July 16, 1981, Reg; September 29, 2017, Susp. West Brandywine, Township of, 421496 August 6, 1975, Emerg; ......do........................... Do. Chester County. September 28, 1979, Reg; September 29, 2017, Susp. West Caln, Township of, Chester 421497 May 19, 1976, Emerg; ......do........................... Do. County. January 17, 1985, Reg; September 29, 2017, Susp. West Marlborough, Township of, 422279 May 20, 1975, Emerg; ......do........................... Do. Chester County. January 18, 1984, Reg; September 29, 2017, Susp. West Pikeland, Township of, 421151 April 10, 1974, Emerg; ......do........................... Do. Chester County. June 1, 1983, Reg; September 29, 2017, Susp. West Sadsbury, Township of, 422281 March 23, 1976, Emerg; ......do........................... Do. Chester County. August 5, 1985, Reg; September 29, 2017, Susp. West Vincent, Township of, 421499 August 11, 1975, Emerg; ......do........................... Do. Chester County. November 19, 1987, Reg; September 29, 2017, Susp. West Whiteland, Township of, 420295 November 5, 1971, Emerg; ......do........................... Do. Chester County. May 2, 1977, Reg; September 29, 2017, Susp. Westtown, Township of, Chester 420294 November 26, 1971, ......do........................... Do. County. Emerg; June 1, 1977, Reg; September 29, 2017, Susp. Willistown, Township of, Chester 422282 October 17, 1974, Emerg; ......do........................... Do. County. October 15, 1981, Reg; September 29, 2017, Susp. Region IV Florida: Daytona Beach, City of, Volusia 125099 September 11, 1970, ......do........................... Do. County. Emerg; September 7, 1973, Reg; September 29, 2017, Susp. DeLand, City of, Volusia County.. 120307 February 19, 1975, ......do........................... Do. Emerg; December 22, 1980, Reg; September 29, 2017, Susp. New Smyrna Beach, City of, 125132 May 14, 1971, Emerg; ......do........................... Do. Volusia County. December 7, 1973, Reg; September 29, 2017, Susp. Oak Hill, City of, Volusia County 120624 N/A, Emerg; February 21, ......do........................... Do. 1994, Reg; September 29, 2017, Susp. Orange City, City of, Volusia 120633 June 1, 1990, Emerg; ......do........................... Do. County.. September 2, 1994, Reg; September 29, 2017, Susp. Ormond Beach, City of, Volusia 125136 November 20, 1970, ......do........................... Do. County. Emerg; September 7, 1973, Reg; September 29, 2017, Susp. Ponce Inlet, Town of, Volusia 120312 May 28, 1974, Emerg; ......do........................... Do. County. October 8, 1976, Reg; September 29, 2017, Susp. South Daytona, City of, Volusia 120314 June 18, 1971, Emerg; ......do........................... Do. County. October 3, 1976, Reg; September 29, 2017, Susp. [[Page 42245]] Kentucky: Henderson, City of, Henderson 210109 August 7, 1973, Emerg; ......do........................... Do. County. June 15, 1978, Reg; September 29, 2017, Susp. Henderson County, Unincorporated 210286 N/A, Emerg; April 10, ......do........................... Do. Areas. 1991, Reg; September 29, 2017, Susp. Region V Minnesota: Hallock, City of, Kittson County. 270226 July 3, 1974, Emerg; ......do........................... Do. January 2, 1980, Reg; September 29, 2017, Susp. Kennedy, City of, Kittson County. 270686 March 26, 1976, Emerg; ......do........................... Do. August 5, 1986, Reg; September 29, 2017, Susp. Kittson County, Unincorporated 270224 February 11, 1974, ......do........................... Do. Areas. Emerg; February 4, 1981, Reg; September 29, 2017, Susp. Lancaster, City of, Kittson 270231 June 19, 1975, Emerg; ......do........................... Do. County. June 22, 1984, Reg; September 29, 2017, Susp. Saint Vincent, City of, Kittson 270232 December 17, 1974, ......do........................... Do. County. Emerg; September 2, 1982, Reg; September 29, 2017, Susp. Wisconsin: Black River Falls, City of, 550186 April 7, 1975, Emerg; ......do........................... Do. Jackson County. February 4, 1981, Reg; September 29, 2017, Susp. Jackson County, Unincorporated 550583 September 30, 1975, ......do........................... Do. Areas. Emerg; February 4, 1981, Reg; September 29, 2017, Susp. Region IX Hawaii: Hawaii County, Unincorporated 155166 June 5, 1970, Emerg; May ......do........................... Do. Areas. 3, 1982, Reg; September 29, 2017, Susp. -------------------------------------------------------------------------------------------------------------------------------------------------------- -do- = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension. Dated: August 29, 2017. Michael M. Grimm, Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2017-18912 Filed 9-6-17; 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 | Effective Dates: The effective date of each community's scheduled suspension is the third date (``Susp.'') listed in the third column of the following tables. | |
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 | 82 FR 42241 | |
CFR Associated | Flood Insurance and Floodplains |