Suspension of Community Eligibility
Federal Register, Volume 81 Issue 151 (Friday, August 5, 2016)
Federal Register Volume 81, Number 151 (Friday, August 5, 2016)
Rules and Regulations
Pages 51808-51810
From the Federal Register Online via the Government Publishing Office www.gpo.gov
FR Doc No: 2016-18431
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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-8443
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: 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.
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
Page 51809
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
-
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
-
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
West Virginia:
Ceredo, Town of, Wayne 540232 September 25, September 2, 2016..... September 2, 2016.
County. 1975, Emerg; May
17, 1989, Reg;
September 2,
2016, Susp.
Fort Gay, Town of, Wayne 540202 April 29, 1975, *......do............. Do.
County. Emerg; January
3, 1979, Reg;
September 2,
2016, Susp.
Kenova, City of, Wayne 540221 April 9, 1975, ......do.............. Do.
County. Emerg; May 17,
1989, Reg;
September 2,
2016, Susp.
Wayne County, 540200 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1987, Reg;
September 2,
2016, Susp.
Region IX
California:
Adelanto, City of, San 060639 September 21, ......do.............. Do.
Bernardino County. 1979, Emerg;
April 15, 1980,
Reg; September
2, 2016, Susp.
Apple Valley, Town of, San 060752 N/A, Emerg; June ......do.............. Do.
Bernardino County. 16, 1995, Reg;
September 2,
2016, Susp.
Barstow, City of, San 060271 May 24, 1979, ......do.............. Do.
Bernardino County. Emerg; February
1, 1980, Reg;
September 2,
2016, Susp.
Colton, City of, San 060273 January 15, 1974, ......do.............. Do.
Bernardino County. Emerg; September
17, 1980, Reg;
September 2,
2016, Susp.
Page 51810
Fontana, City of, San 060274 March 19, 1971, ......do.............. Do.
Bernardino County. Emerg; June 4,
1987, Reg;
September 2,
2016, Susp.
Grand Terrace, City of, San 060737 N/A, Emerg; ......do.............. Do.
Bernardino County. January 15,
2016, Reg;
September 2,
2016, Susp.
Hesperia, City of, San 060733 N/A, Emerg; ......do.............. Do.
Bernardino County. October 19,
1989, Reg;
September 2,
2016, Susp.
Highland, City of, San 060732 N/A, Emerg; ......do.............. Do.
Bernardino County. October 19,
1989, Reg;
September 2,
2016, Susp.
Loma Linda, City of, San 065042 March 19, 1971, ......do.............. Do.
Bernardino County. Emerg; July 16,
1987, Reg;
September 2,
2016, Susp.
Needles, City of, San 060277 March 5, 1975, ......do.............. Do.
Bernardino County. Emerg; July 16,
1979, Reg;
September 2,
2016, Susp.
Ontario, City of, San 060278 June 27, 1975, ......do.............. Do.
Bernardino County. Emerg; December
2, 1980, Reg;
September 2,
2016, Susp.
Rancho Cucamonga, City of, 060671 August 7, 1978, ......do.............. Do.
San Bernardino County. Emerg; September
5, 1984, Reg;
September 2,
2016, Susp.
Redlands, City of, San 060279 April 12, 1974, ......do.............. Do.
Bernardino County. Emerg; January
3, 1979, Reg;
September 2,
2016, Susp.
Rialto, City of, San 060280 December 17, ......do.............. Do.
Bernardino County. 1973, Emerg;
February 12,
1979, Reg;
September 2,
2016, Susp.
San Bernardino, City of, 060281 December 31, ......do.............. Do.
San Bernardino County. 1970, Emerg;
July 16, 1979,
Reg; September
2, 2016, Susp.
San Bernardino County, 060270 January 29, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1978, Reg;
September 2,
2016, Susp.
Upland, City of, San 065067 December 31, ......do.............. Do.
Bernardino County. 1970, Emerg;
December 23,
1981, Reg;
September 2,
2016, Susp.
Victorville, City of, San 065068 June 11, 1971, ......do.............. Do.
Bernardino County. Emerg; September
21, 1973, Reg;
September 2,
2016, Susp.
Yucca Valley, Town of, San 060750 N/A, Emerg; March ......do.............. Do.
Bernardino County. 31, 1993, Reg;
September 2,
2016, Susp.
Region X
Washington:
Lacey, City of, Thurston 530190 May 7, 1975, ......do.............. Do.
County. Emerg; July 16,
1980, Reg;
September 2,
2016, Susp.
Olympia, City of, Thurston 530191 October 3, 1974, ......do.............. Do.
County. Emerg; February
17, 1982, Reg;
September 2,
2016, Susp.
Rainier, City of, Thurston 530260 N/A, Emerg; March ......do.............. Do.
County. 29, 1999, Reg;
September 2,
2016, Susp.
Thurston County, 530188 September 13, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
December 1,
1982, Reg;
September 2,
2016, Susp.
Tumwater, City of, Thurston 530192 December 18, ......do.............. Do.
County. 1974, Emerg;
August 1, 1980,
Reg; September
2, 2016, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 25, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration, Department of Homeland Security, Federal Emergency Management Agency.
FR Doc. 2016-18431 Filed 8-4-16; 8:45 am
BILLING CODE 9110-12-P
