Suspension of Community Eligibility
Federal Register, Volume 80 Issue 236 (Wednesday, December 9, 2015)
Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)
Rules and Regulations
Pages 76391-76393
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2015-31016
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
Docket ID FEMA-2015-0001; Internal Agency Docket No. FEMA-8413
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/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.
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.
Page 76392
Sec. 64.6 Amended
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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 Current effective map Date certain Federal
State and Location No. sale of flood date assistance no longer
insurance in available in SFHAs
community
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Region V
Wisconsin:
Appleton, City of, Calumet 555542 April 23, 1971, January 20, 2016...... January 20, 2016
and Outagamie Counties. Emerg; April 6,
1973, Reg;
January 20,
2016, Susp.
Outagamie County, 550302 January 14, 1972, ......do.............. Do.
Unincorporated Areas. Emerg; September
30, 1977, Reg;
January 20,
2016, Susp.
Region VI
Louisiana:
Monroe, City of, Ouachita 220136 September 6, ......do.............. Do
Parish. 1974, Emerg;
December 18,
1979, Reg;
January 20,
2016, Susp.
Ouachita Parish, 220135 January 29, 1974, ......do.............. Do
Unincorporated Areas. Emerg; July 2,
1980, Reg;
January 20,
2016, Susp.
Richwood, Town of, Ouachita 220378 February 9, 1978, ......do.............. Do
Parish. Emerg; September
30, 1987, Reg;
January 20,
2016, Susp.
Sterlington, Town of, 220400 N/A, Emerg; June ......do.............. Do
Ouachita Parish. 14, 1994, Reg;
January 20,
2016, Susp.
West Monroe, City of, 220138 April 6, 1973, ......do.............. Do
Ouachita Parish. Emerg; December
1, 1978, Reg;
January 20,
2016, Susp.
Region VII
Missouri:
Augusta, Town of, Saint 290461 N/A, Emerg; ......do.............. Do
Charles County. January 31,
2001, Reg;
January 20,
2016, Susp.
Cottleville, City of, Saint 290898 N/A, Emerg; ......do.............. Do
Charles County. February 1,
1990, Reg;
January 20,
2016, Susp.
Dardenne Prairie, City of, 290899 N/A, Emerg; March ......do.............. Do
Saint Charles County. 13, 1995, Reg;
January 20,
2016, Susp.
Flint Hill, City of, Saint 290883 July 9, 1980, ......do.............. Do
Charles County. Emerg; November
19, 1986, Reg;
January 20,
2016, Susp.
Foristell, City of, Saint 290902 N/A, Emerg; ......do.............. Do
Charles and Warren February 24,
Counties. 1993, Reg;
January 20,
2016, Susp.
Lake Saint Louis, City of, 290868 March 20, 1978, ......do.............. Do
Saint Charles County. Emerg; September
18, 1987, Reg;
January 20,
2016, Susp.
O'Fallon, City of, Saint 290316 April 17, 1975, ......do.............. Do
Charles County. Emerg; March 16,
1981, Reg;
January 20,
2016, Susp.
Portage Des Sioux, City of, 290317 August 29, 1973, ......do.............. Do
Saint Charles County. Emerg; April 1,
1977, Reg;
January 20,
2016, Susp.
Saint Charles, City of, 290318 June 27, 1973, ......do.............. Do
Saint Charles County. Emerg; March 22,
1974, Reg;
January 20,
2016, Susp.
Saint Paul, City of, Saint 290900 N/A, Emerg; ......do.............. Do
Charles County. February 13,
1998, Reg;
January 20,
2016, Susp.
Weldon Spring, City of, 290901 N/A, Emerg; July ......do.............. Do
Saint Charles County. 2, 1993, Reg;
January 20,
2016, Susp.
Wentzville, City of, Saint 290320 April 18, 1975, ......do.............. Do
Charles County. Emerg; July 28,
1978, Reg;
January 20,
2016, Susp.
West Alton, City of, Saint 290924 N/A, Emerg; July ......do.............. Do
Charles County. 9, 1997, Reg;
January 20,
2016, Susp.
Region VIII
Colorado:
Adams County, 080001 January 14, 1972, ......do.............. Do
Unincorporated Areas. Emerg; February
1, 1979, Reg;
January 20,
2016, Susp.
Arvada, City of, Adams and 085072 April 30, 1971, ......do.............. Do
Jefferson Counties. Emerg; June 23,
1972, Reg;
January 20,
2016, Susp.
Ault, Town of, Weld County. 080179 May 28, 1975, ......do.............. Do
Emerg; June 10,
1980, Reg;
January 20,
2016, Susp.
Broomfield, City and County 085073 February 18, ......do.............. Do
of, Broomfield County. 1972, Emerg;
September 7,
1973, Reg;
January 20,
2016, Susp.
Eaton, Town of, Weld County 080180 March 3, 1975, ......do.............. Do
Emerg; June 4,
1980, Reg;
January 20,
2016, Susp.
Evans, City of, Weld County 080182 July 25, 1974, ......do.............. Do
Emerg; April 2,
1979, Reg;
January 20,
2016, Susp.
Firestone, Town of, Weld 080241 October 26, 1976, ......do.............. Do
County. Emerg; December
18, 1979, Reg;
January 20,
2016, Susp.
Fort Lupton, City of, Weld 080183 July 23, 1974, ......do.............. Do
County. Emerg; April 2,
1979, Reg;
January 20,
2016, Susp.
Page 76393
Frederick, Town of, Weld 080244 October 18, 1976, ......do.............. Do
County. Emerg; July 16,
1979, Reg;
January 20,
2016, Susp.
Gilcrest, Town of, Weld 080213 September 21, ......do.............. Do
County. 1976, Emerg;
June 10, 1980,
Reg; January 20,
2016, Susp.
Greeley, City of, Weld 080184 October 15, 1974, ......do.............. Do
County. Emerg; July 16,
1979, Reg;
January 20,
2016, Susp.
Hudson, Town of, Weld 080249 August 20, 1997, ......do.............. Do
County. Emerg; N/A, Reg;
January 20,
2016, Susp.
Jefferson County, 080087 July 5, 1973, ......do.............. Do
Unincorporated Areas. Emerg; August 5,
1986, Reg;
January 20,
2016, Susp.
Keenesburg, Town of, Weld 080251 September 21, ......do.............. Do
County. 1976, Emerg;
August 24, 1981,
Reg; January 20,
2016, Susp.
La Salle, Town of, Weld 080186 July 19, 1974, ......do.............. Do
County. Emerg; May 25,
1978, Reg;
January 20,
2016, Susp.
Milliken, Town of, Weld 080187 July 23, 1975, ......do.............. Do
County. Emerg; August 1,
1979, Reg;
January 20,
2016, Susp.
Northglenn, City of, Adams 080257 January 22, 1975, ......do.............. Do
County. Emerg; September
15, 1978, Reg;
January 20,
2016, Susp.
Nunn, Town of, Weld County. 080188 August 7, 1975, ......do.............. Do
Emerg; February
1, 1979, Reg;
January 20,
2016, Susp.
Pierce, Town of, Weld 080189 July 17, 1975, ......do.............. Do
County. Emerg; November
15, 1979, Reg;
January 20,
2016, Susp.
Platteville, Town of, Weld 080190 May 5, 1975, ......do.............. Do
County. Emerg; February
29, 1980, Reg;
January 20,
2016, Susp.
Severance, Town of, Weld 080317 N/A, Emerg; March ......do.............. Do
County. 28, 1995, Reg;
January 20,
2016, Susp.
Thornton, City of, Adams 080007 July 31, 1975, ......do.............. Do
County. Emerg; June 15,
1978, Reg;
January 20,
2016, Susp.
Weld County, Unincorporated 080266 September 16, ......do.............. Do
Areas. 1974, Emerg;
March 18, 1980,
Reg; January 20,
2016, Susp.
Westminster, City of, Adams 080008 July 13, 1973, ......do.............. Do
and Jefferson Counties. Emerg; September
30, 1988, Reg;
January 20,
2016, Susp.
Windsor, Town of, Larimer 080264 N/A, Emerg; ......do.............. Do
and Weld Counties. September 27,
1991, Reg;
January 20,
2016, Susp.
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* - do - = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: November 20, 2015.
Roy E. Wright,
Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2015-31016 Filed 12-8-15; 8:45 am
BILLING CODE 9110-12-P
