Suspension of Community Eligibility

Federal Register, Volume 81 Issue 52 (Thursday, March 17, 2016)

Federal Register Volume 81, Number 52 (Thursday, March 17, 2016)

Rules and Regulations

Pages 14398-14401

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2016-05986

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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-8425

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

Page 14399

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

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  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

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  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

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    Region III

    Maryland:

    Aberdeen, City of, Harford 240041 May 22, 1974, April 19, 2016........ April 19, 2016.

    County. Emerg; July 16,

    1981, Reg; April

    19, 2016, Susp.

    Bel Air, Town of, Harford 240042 January 17, 1974, ......do *............ Do.

    County. Emerg; September

    16, 1981, Reg;

    April 19, 2016,

    Susp.

    Harford County, 240040 May 5, 1972, ......do.............. Do.

    Unincorporated Areas. Emerg; March 2,

    1983, Reg; April

    19, 2016, Susp.

    Havre de Grace, City of, 240043 February 26, 1975, ......do.............. Do.

    Harford County. Emerg; March 15,

    1977, Reg; April

    19, 2016, Susp.

    Region V

    Indiana:

    Beech Grove, City of, 180158 October 29, 1971, ......do.............. Do.

    Marion County. Emerg; May 15,

    1984, Reg; April

    19, 2016, Susp.

    Indianapolis, City of, 180159 October 29, 1971, ......do.............. Do.

    Marion County. Emerg; May 15,

    1984, Reg; April

    19, 2016, Susp.

    Lawrence, City of, Marion 180160 October 29, 1971, ......do.............. Do.

    County. Emerg; May 15,

    1984, Reg; April

    19, 2016, Susp.

    Southport, City of, Marion 180161 October 29, 1971, ......do.............. Do.

    County. Emerg; May 15,

    1984, Reg; April

    19, 2016, Susp.

    Speedway, Town of, Marion 180162 October 29, 1971, ......do.............. Do.

    County. Emerg; May 15,

    1984, Reg; April

    19, 2016, Susp.

    Michigan:

    Chocolay, Charter Township 260448 October 29, 1976, ......do.............. Do.

    of, Marquette County. Emerg; May 4,

    1987, Reg; April

    19, 2016, Susp.

    Page 14400

    Ely, Township of, 260449 November 9, 1981, ......do.............. Do.

    Marquette County. Emerg; September

    1, 1988, Reg;

    April 19, 2016,

    Susp.

    Marquette, Charter 260758 April 7, 1986, ......do.............. Do.

    Township of, Marquette Emerg; December

    County. 18, 1986, Reg;

    April 19, 2016,

    Susp.

    Marquette, City of, 260716 April 13, 1987, ......do.............. Do.

    Marquette County. Emerg; September

    30, 1988, Reg;

    April 19, 2016,

    Susp.

    Powell, Township of, 260452 N/A, Emerg; May 4, ......do.............. Do.

    Marquette County. 2006, Reg; April

    19, 2016, Susp.

    Skandia, Township of, 260987 March 26, 1997, ......do.............. Do.

    Marquette County. Emerg; N/A, Reg;

    April 19, 2016,

    Susp.

    West Branch, Township of, 260993 June 11, 1997, ......do.............. Do.

    Marquette County. Emerg; N/A, Reg;

    April 19, 2016,

    Susp.

    Ohio: Akron, City of, 390523 February 18, 1975, ......do.............. Do.

    Summit County. Emerg; February

    18, 1981, Reg;

    April 19, 2016,

    Susp.

    Barberton, City of, Summit 390524 September 13, ......do.............. Do.

    County. 1974, Emerg;

    January 16, 1981,

    Reg; April 19,

    2016, Susp.

    Boston Heights, Village 390749 November 16, 1976, ......do.............. Do.

    of, Summit County. Emerg; February

    18, 1981, Reg;

    April 19, 2016,

    Susp.

    Clinton, Village of, 390525 June 9, 1975, ......do.............. Do.

    Summit County. Emerg; July 2,

    1980, Reg; April

    19, 2016, Susp.

    Cuyahoga Falls, City of, 390526 February 27, 1975, ......do.............. Do.

    Summit County. Emerg; February

    18, 1981, Reg;

    April 19, 2016,

    Susp.

    Fairlawn, City of, Summit 390657 December 29, 1975, ......do.............. Do.

    County. Emerg; January

    16, 1981, Reg;

    April 19, 2016,

    Susp.

    Green, City of, Summit 390927 N/A, Emerg; May ......do.............. Do.

    County. 29, 2002, Reg;

    April 19, 2016,

    Susp.

    Hudson, City of, Summit 390660 May 19, 1975, ......do.............. Do.

    County. Emerg; September

    30, 1980, Reg;

    April 19, 2016,

    Susp.

    Lakemore, Village of, 390527 August 8, 1975, ......do.............. Do.

    Summit County. Emerg; May 25,

    1978, Reg; April

    19, 2016, Susp.

    Macedonia, City of, Summit 390750 November 11, 1976, ......do.............. Do.

    County. Emerg; February

    4, 1981, Reg;

    April 19, 2016,

    Susp.

    Mogadore, Village of, 390528 June 11, 1975, ......do.............. Do.

    Portage and Summit Emerg; September

    Counties. 3, 1979, Reg;

    April 19, 2016,

    Susp.

    Munroe Falls, City of, 390843 October 26, 1988, ......do.............. Do.

    Summit County. Emerg; May 16,

    1994, Reg; April

    19, 2016, Susp.

    New Franklin, City of, 390993 N/A, Emerg; ......do.............. Do.

    Summit County. November 14,

    2008, Reg; April

    19, 2016, Susp.

    Norton, City of, Summit 390529 July 2, 1975, ......do.............. Do.

    County. Emerg; January

    16, 1981, Reg;

    April 19, 2016,

    Susp.

    Peninsula, Village of, 390530 June 25, 1975, ......do.............. Do.

    Summit County. Emerg; March 2,

    1979, Reg; April

    19, 2016, Susp.

    Reminderville, Village of, 390855 July 9, 1980, ......do.............. Do.

    Summit County. Emerg; May 17,

    1990, Reg; April

    19, 2016, Susp.

    Richfield, Village of, 390083 N/A, Emerg; ......do.............. Do.

    Summit County. December 7, 2009,

    Reg; April 19,

    2016, Susp.

    Silver Lake, Village of, 390531 June 4, 1975, ......do.............. Do.

    Summit County. Emerg; March 16,

    1981, Reg; April

    19, 2016, Susp.

    Stow, City of, Summit 390532 November 12, 1973, ......do.............. Do.

    County. Emerg; July 17,

    1978, Reg; April

    19, 2016, Susp.

    Summit County, 390781 November 21, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; April 15,

    1981, Reg; April

    19, 2016, Susp.

    Tallmadge, City of, Summit 390533 June 9, 1975, ......do.............. Do.

    County. Emerg; April 15,

    1981, Reg; April

    19, 2016, Susp.

    Twinsburg, City of, Summit 390534 September 18, ......do.............. Do.

    County. 1973, Emerg;

    February 4, 1981,

    Reg; April 19,

    2016, Susp.

    Region VII

    Iowa:

    Churdan, City of, Greene 190395 December 27, 1993, ......do.............. Do.

    County. Emerg; November

    7, 2001, Reg;

    April 19, 2016,

    Susp.

    Farnhamville, City of, 190730 September 18, ......do.............. Do.

    Calhoun County. 1990, Emerg; July

    1, 1991, Reg;

    April 19, 2016,

    Susp.

    Greene County, 190869 January 27, 1994, ......do.............. Do.

    Unincorporated Areas.. Emerg; September

    1, 1996, Reg;

    April 19, 2016,

    Susp.

    Jefferson, City of, Greene 190396 December 23, 1976, ......do.............. Do.

    County. Emerg; September

    1, 1986, Reg;

    April 19, 2016,

    Susp.

    Knierim, City of, Calhoun 190339 September 21, ......do.............. Do.

    County. 1976, Emerg; May

    1, 1987, Reg;

    April 19, 2016,

    Susp.

    Lohrville, City of, 190609 November 12, 1976, ......do.............. Do.

    Calhoun County. Emerg; April 15,

    1985, Reg; April

    19, 2016, Susp.

    Page 14401

    Paton, City of, Greene 190397 May 23, 1990, ......do.............. Do.

    County. Emerg; September

    1, 1996, Reg;

    April 19, 2016,

    Susp.

    Rippey, City of, Greene 190399 November 6, 1975, ......do.............. Do.

    County. Emerg; April 15,

    1985, Reg; April

    19, 2016, Susp.

    Rockwell City, City of, 190343 December 5, 1980, ......do.............. Do.

    Calhoun County. Emerg; February

    1, 1987, Reg;

    April 19, 2016,

    Susp.

    Somers, City of, Calhoun 190344 March 11, 1994, ......do.............. Do.

    County. Emerg; September

    1, 1996, Reg;

    April 19, 2016,

    Susp.

    Region VIII

    Colorado:

    Lamar, City of, Prowers 080146 April 8, 1975, ......do.............. Do.

    County. Emerg; November

    17, 1982, Reg;

    April 19, 2016,

    Susp.

    Prowers County, 080272 June 30, 1975, ......do.............. Do.

    Unincorporated Areas.. Emerg; July 1,

    1986, Reg; April

    19, 2016, Susp.

    Wiley, Town of, Prowers 080228 August 3, 1995, ......do.............. Do.

    County. Emerg; October 6,

    2000, Reg; April

    19, 2016, Susp.

    Montana: Drummond, Town 300033 August 4, 1977, ......do.............. Do.

    of, Granite County. Emerg; July 5,

    1982, Reg; April

    19, 2016, Susp.

    Granite County, 300141 October 8, 1976, ......do.............. Do.

    Unincorporated Areas.. Emerg; July 5,

    1982, Reg; April

    19, 2016, Susp.

    Philipsburg, Town of, 300117 April 29, 1976, ......do.............. Do.

    Granite County. Emerg; July 5,

    1982, Reg; April

    19, 2016, Susp.

    North Dakota:

    Cavalier, City of, Pembina 380081 June 18, 1975, ......do.............. Do.

    County. Emerg; July 2,

    1981, Reg; April

    19, 2016, Susp.

    Cavalier, Township of, Pembina 380274 July 20, 1981, ......do.............. Do.

    County. Emerg; July 20,

    1981, Reg; April

    19, 2016, Susp.

    Drayton, City of, Pembina 380150 April 23, 1974, ......do.............. Do.

    County. Emerg; August 1,

    1980, Reg; April

    19, 2016, Susp.

    Drayton, Township of, Pembina 380276 October 6, 1982, ......do.............. Do.

    County. Emerg; May 1,

    1986, Reg; April

    19, 2016, Susp.

    Joliette, Township of, Pembina 380281 January 6, 1983, ......do.............. Do.

    County. Emerg; May 1,

    1986, Reg; April

    19, 2016, Susp.

    Pembina, City of, Pembina 385368 June 12, 1970, ......do.............. Do.

    County. Emerg; November

    2, 1977, Reg;

    April 19, 2016,

    Susp.

    Pembina County, Unincorporated 380079 May 1, 1974, ......do.............. Do.

    Areas.. Emerg; November

    19, 1987, Reg;

    April 19, 2016,

    Susp.

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    * -do- =Ditto.

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.

    Dated: March 2, 2016.

    Roy E. Wright,

    Deputy Associate Administrator, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.

    FR Doc. 2016-05986 Filed 3-16-16; 8:45 am

    BILLING CODE 9110-12-P

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