Suspension of Community Eligibility

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)

Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)

Rules and Regulations

Pages 17615-17617

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

FR Doc No: 2016-07093

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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-8429

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

Page 17616

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

    Virginia:

    Albemarle County, 510006 May 9, 1973, May 16, 2016.......... May 16, 2016

    Unincorporated Areas. Emerg; December

    16, 1980, Reg;

    May 16, 2016,

    Susp.

    Hampton, City of, 515527 March 27, 1970, ......* do............ Do.

    Independent City. Emerg; January

    15, 1971, Reg;

    May 16, 2016,

    Susp.

    King and Queen County, 510082 June 20, 1974, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    5, 1990, Reg; May

    16, 2016, Susp.

    Scottsville, Town of, 510007 April 12, 1973, .....do............... Do.

    Albemarle and Fluvanna Emerg; September

    Counties. 5, 1979, Reg; May

    16, 2016, Susp.

    Region V

    Wisconsin:

    Cambria, Village of, 550057 June 11, 1975, ......do.............. Do.

    Columbia County. Emerg; September

    18, 1985, Reg;

    May 16, 2016,

    Susp.

    Columbia County, 550581 July 31, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; April 15,

    1980, Reg; May

    16, 2016, Susp.

    Columbus, City of, 550058 October 7, 1974, ......do.............. Do.

    Columbia and Dodge Emerg; December

    Counties. 1, 1981, Reg; May

    16, 2016, Susp.

    Doylestown, Village of, 550059 April 30, 1976, ......do.............. Do.

    Columbia County. Emerg; September

    18, 1985, Reg;

    May 16, 2016,

    Susp.

    Fall River, Village of, 550060 April 17, 1975, ......do.............. Do.

    Columbia County. Emerg; September

    4, 1985, Reg; May

    16, 2016, Susp.

    Lodi, City of, Columbia 550061 June 13, 1974, ......do.............. Do.

    County. Emerg; November

    15, 1984, Reg;

    May 16, 2016,

    Susp.

    Pardeeville, Village of, 550062 August 19, 1976, ......do.............. Do.

    Columbia County. Emerg; August 15,

    1983, Reg; May

    16, 2016, Susp.

    Portage, City of, Columbia 550063 June 11, 1974, ......do.............. Do.

    County. Emerg; August 15,

    1983, Reg; May

    16, 2016, Susp.

    Page 17617

    Poynette, Village of, 550064 July 29, 1975, ......do.............. Do.

    Columbia County. Emerg; September

    18, 1985, Reg;

    May 16, 2016,

    Susp.

    Wisconsin Dells, City of, 550065 July 17, 1975, ......do.............. Do.

    Adams, Columbia, Juneau Emerg; December

    and Sauk Counties. 18, 1984, Reg;

    May 16, 2016,

    Susp.

    Wyocena, Village of, 550066 May 22, 1975, ......do.............. Do.

    Columbia County. Emerg; January

    18, 1984, Reg;

    May 16, 2016,

    Susp.

    Region VIII

    Colorado:

    Crook, Town of, Logan 080311 May 6, 1977, ......do.............. Do.

    County. Emerg; February

    5, 1986, Reg; May

    16, 2016, Susp.

    Iliff, Town of, Logan 080207 March 20, 1984, ......do.............. Do.

    County. Emerg; August 4,

    1987, Reg; May

    16, 2016, Susp.

    Logan County, 080310 January 3, 1977, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    29, 1989, Reg;

    May 16, 2016,

    Susp.

    Sterling, City of, Logan 080294 August 4, 1977, ......do.............. Do.

    County. Emerg; September

    29, 1989, Reg;

    May 16, 2016,

    Susp.

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    * .....do = Ditto.

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

    Dated: March 16, 2016.

    Roy E. Wright,

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

    FR Doc. 2016-07093 Filed 3-29-16; 8:45 am

    BILLING CODE 9110-12-P

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