Suspension of Community Eligibility
Federal Register, Volume 82 Issue 32 (Friday, February 17, 2017)
Federal Register Volume 82, Number 32 (Friday, February 17, 2017)
Rules and Regulations
Pages 10962-10964
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2017-03211
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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-8467
Suspension of Community Eligibility
AGENCY: Federal Emergency Management Agency, DHS.
ACTION: Final rule.
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SUMMARY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA's Community Status Book (CSB). The CSB is available at http://www.fema.gov/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
Page 10963
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
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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
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The tables published under the authority of Sec. 64.6 are amended as follows:
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Effective date
authorization/
Community cancellation of Date certain Federal
State and location No. sale of flood Current effective map date assistance no longer
insurance in available in SFHAs
community
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Region III
Virginia:
Leesburg, Town 510091 March 21, 1975, February 17, 2017........... February 17, 2017.
of, Loudoun Emerg; September
County. 30, 1982, Reg;
February 17,
2017, Susp.
Loudoun County, 510090 September 15, ......do*................... Do.
Unincorporated 1972, Emerg;
Areas. January 5, 1978,
Reg; February 17,
2017, Susp.
Lovettsville, 510259 N/A, Emerg; ......do.................... Do.
Town of, October 22, 2013,
Loudoun Reg; February 17,
County. 2017, Susp.
Middleburg, 510360 N/A, Emerg; July ......do.................... Do.
Town of, 31, 2001, Reg;
Loudoun February 17,
County. 2017, Susp.
Norfolk, City 510104 August 15, 1973, ......do.................... Do.
of, Emerg; August 1,
Independent 1979, Reg;
City. February 17,
2017, Susp.
Purcellville, 510231 July 30, 1976, ......do.................... Do.
Town of, Emerg; November
Loudoun 15, 1989, Reg;
County. February 17,
2017, Susp.
Round Hill, 510279 N/A, Emerg; ......do.................... Do.
Town of, January 10, 2006,
Loudoun Reg; February 17,
County. 2017, Susp.
Region V
Illinois:
Fulton, City 170690 July 2, 1975, ......do.................... Do.
of, Whiteside Emerg; July 3,
County 1985, Reg;
February 17,
2017, Susp.
Hopedale, 170791 July 8, 1975, ......do.................... Do.
Village of, Emerg; July 18,
Tazewell 1985, Reg;
County. February 17,
2017, Susp.
Marquette 170650 December 2, 1982, ......do.................... Do.
Heights, City Emerg; July 3,
of, Tazewell 1985, Reg;
County. February 17,
2017, Susp.
Morton, Village 170652 June 23, 1975, ......do.................... Do.
of, Tazewell Emerg; September
County. 2, 1988, Reg;
February 17,
2017, Susp.
North Pekin, 170653 July 22, 1975, ......do.................... Do.
Village of, Emerg; June 4,
Tazewell 1980, Reg;
County. February 17,
2017, Susp.
Pekin, City of, 170654 July 30, 1975, ......do.................... Do.
Peoria and Emerg; June 4,
Tazewell 1980, Reg;
Counties. February 17,
2017, Susp.
Washington, 170655 May 16, 1975, ......do.................... Do.
City of, Emerg; February
Tazewell 5, 1986, Reg;
County. February 17,
2017, Susp.
Whiteside 170687 March 16, 1973, ......do.................... Do.
County, Emerg; February
Unincorporated 19, 1986, Reg;
Areas. February 17,
2017, Susp.
Region VIII
Colorado: Arapahoe 080011 February 4, 1972, ......do.................... Do.
County, Emerg; August 15,
Unincorporated 1977, Reg;
Areas. February 17,
2017, Susp.
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*......do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Page 10964
Dated: February 13, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2017-03211 Filed 2-16-17; 8:45 am
BILLING CODE 9110-12-P
