Suspension of Community Eligibility

Federal Register, Volume 81 Issue 214 (Friday, November 4, 2016)

Federal Register Volume 81, Number 214 (Friday, November 4, 2016)

Rules and Regulations

Pages 76870-76874

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

FR Doc No: 2016-26679

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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-8453

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, 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 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

Page 76871

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

  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

    0

  2. The tables published under the authority of Sec. 64.6 are amended as follows:

    ----------------------------------------------------------------------------------------------------------------

    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

    ----------------------------------------------------------------------------------------------------------------

    Region I

    Massachusetts:

    Marshfield, Town of, 250273 January 14, 1972, November 4, 2016...... November 4, 2016

    Plymouth County. Emerg; October

    14, 1977, Reg;

    November 4,

    2016, Susp.

    Plymouth, Town of, Plymouth 250278 February 5, 1974, ......*do............. Do.

    County. Emerg; July 17,

    1986, Reg;

    November 4,

    2016, Susp.

    Region II

    New Jersey:

    Franklin, Township of, 340434 April 6, 1973, ......*do............. Do.

    Somerset County. Emerg; May 15,

    1980, Reg;

    November 4,

    2016, Susp.

    Hillsborough, Township of, 340436 June 18, 1974, ......*do............. Do.

    Somerset County. Emerg; March 2,

    1981, Reg;

    November 4,

    2016, Susp.

    Manville, Borough of, 340437 December 15, ......*do............. Do.

    Somerset County. 1972, Emerg;

    February 15,

    1978, Reg;

    November 4,

    2016, Susp.

    Millstone, Borough of, 340438 October 29, 1973, ......*do............. Do.

    Somerset County. Emerg; April 3,

    1978, Reg;

    November 4,

    2016, Susp.

    Montgomery, Township of, 340439 August 20, 1974, ......*do............. Do.

    Somerset County. Emerg; April 1,

    1981, Reg;

    November 4,

    2016, Susp.

    Rocky Hill, Borough of, 340443 July 15, 1975, ......*do............. Do.

    Somerset County. Emerg; December

    16, 1980, Reg;

    November 4,

    2016, Susp.

    New York:

    Baldwinsville, Village of, 360569 August 12, 1974, ......*do............. Do.

    Onondaga County. Emerg; August

    16, 1982, Reg;

    November 4,

    2016, Susp.

    Camillus, Town of, Onondaga 360570 July 23, 1975, ......*do............. Do.

    County. Emerg; June 15,

    1981, Reg;

    November 4,

    2016, Susp.

    Camillus, Village of, 360571 July 17, 1974, ......*do............. Do.

    Onondaga County. Emerg; August 3,

    1981, Reg;

    November 4,

    2016, Susp.

    Cicero, Town of, Onondaga 360572 May 23, 1974, ......*do............. Do.

    County. Emerg; April 4,

    1983, Reg;

    November 4,

    2016, Susp.

    Clay, Town of, Onondaga 360573 May 15, 1973, ......*do............. Do.

    County. Emerg; April 1,

    1980, Reg;

    November 4,

    2016, Susp.

    DeWitt, Town of, Onondaga 360973 November 8, 1973, ......*do............. Do.

    County. Emerg; March 1,

    1979, Reg;

    November 4,

    2016, Susp.

    East Syracuse, Village of, 360574 July 23, 1975, ......*do............. Do.

    Onondaga County. Emerg; August 3,

    1981, Reg;

    November 4,

    2016, Susp.

    Elbridge, Town of, Onondaga 360575 April 8, 1974, ......*do............. Do.

    County. Emerg; August

    16, 1982, Reg;

    November 4,

    2016, Susp.

    Elbridge, Village of, 360576 February 18, ......*do............. Do.

    Onondaga County. 1975, Emerg;

    August 16, 1982,

    Reg; November 4,

    2016, Susp.

    Fabius, Town of, Onondaga 360577 November 12, ......*do............. Do.

    County. 1974, Emerg;

    April 30, 1986,

    Reg; November 4,

    2016, Susp.

    Fayetteville, Village of, 360578 August 22, 1974, ......*do............. Do.

    Onondaga County. Emerg; August 2,

    1982, Reg;

    November 4,

    2016, Susp.

    Geddes, Town of, Onondaga 360579 May 19, 1975, ......*do............. Do.

    County. Emerg; February

    17, 1982, Reg;

    November 4,

    2016, Susp.

    Jordan, Village of, 360580 December 3, 1974, ......*do............. Do.

    Onondaga County. Emerg; August

    16, 1982, Reg;

    November 4,

    2016, Susp.

    LaFayette, Town of, 360581 September 13, ......*do............. Do.

    Onondaga County. 1974, Emerg;

    April 3, 1985,

    Reg; November 4,

    2016, Susp.

    Liverpool, Village of, 360582 December 26, ......*do............. Do.

    Onondaga County. 1974, Emerg;

    February 4,

    1981, Reg;

    November 4,

    2016, Susp.

    Lysander, Town of, Onondaga 360583 October 15, 1974, ......*do............. Do.

    County. Emerg; January

    6, 1982, Reg;

    November 4,

    2016, Susp.

    Page 76872

    Manlius, Town of, Onondaga 360584 November 8, 1973, ......*do............. Do.

    County. Emerg; December

    15, 1982, Reg;

    November 4,

    2016, Susp.

    Manlius, Village of, 360977 January 23, 1974, ......*do............. Do.

    Onondaga County. Emerg; September

    29, 1978, Reg;

    November 4,

    2016, Susp.

    Marcellus, Town of, 360585 March 19, 1975, ......*do............. Do.

    Onondaga County. Emerg; August

    16, 1982, Reg;

    November 4,

    2016, Susp.

    Marcellus, Village of, 360586 July 25, 1974, ......*do............. Do.

    Onondaga County. Emerg; June 1,

    1982, Reg;

    November 4,

    2016, Susp.

    Minoa, Village of, Onondaga 361017 April 18, 1975, ......*do............. Do.

    County. Emerg; September

    2, 1982, Reg;

    November 4,

    2016, Susp.

    North Syracuse, Village of, 360587 September 8, ......*do............. Do.

    Onondaga County. 1975, Emerg;

    November 20,

    1985, Reg;

    November 4,

    2016, Susp.

    Onondaga, Town of, Onondaga 360588 July 25, 1974, ......*do............. Do.

    County. Emerg; January

    18, 1984, Reg;

    November 4,

    2016, Susp.

    Otisco, Town of, Onondaga 360589 June 1, 1976, ......*do............. Do.

    County. Emerg; June 3,

    1986, Reg;

    November 4,

    2016, Susp.

    Pompey, Town of, Onondaga 360590 April 20, 1973, ......*do............. Do.

    County. Emerg; January

    3, 1979, Reg;

    November 4,

    2016, Susp.

    Salina, Town of, Onondaga 360591 July 30, 1974, ......*do............. Do.

    County. Emerg; August

    16, 1982, Reg;

    November 4,

    2016, Susp.

    Skaneateles, Town of, 360592 September 19, ......*do............. Do.

    Onondaga County. 1974, Emerg;

    June 1, 1982,

    Reg; November 4,

    2016, Susp.

    Skaneateles, Village of, 360593 August 7, 1974, ......*do............. Do.

    Onondaga County. Emerg; February

    17, 1982, Reg;

    November 4,

    2016, Susp.

    Solvay, Village of, 361564 January 16, 1975, ......*do............. Do.

    Onondaga County. Emerg; January

    31, 1983, Reg;

    November 4,

    2016, Susp.

    Spafford, Town of, Onondaga 360594 August 19, 1974, ......*do............. Do.

    County. Emerg; April 30,

    1986, Reg;

    November 4,

    2016, Susp.

    Syracuse, City of, Onondaga 360595 August 2, 1974, ......*do............. Do.

    County. Emerg; May 3,

    1982, Reg;

    November 4,

    2016, Susp.

    Tully, Town of, Onondaga 361296 November 3, 1975, ......*do............. Do.

    County. Emerg; April 30,

    1986, Reg;

    November 4,

    2016, Susp.

    Tully, Village of, Onondaga 361552 June 27, 1975, ......*do............. Do.

    County. Emerg; January

    19, 1983, Reg;

    November 4,

    2016, Susp.

    Van Buren, Town of, 360596 March 16, 1973, ......*do............. Do.

    Onondaga County. Emerg; July 17,

    1978, Reg;

    November 4,

    2016, Susp.

    Region V

    Minnesota:

    Bloomington, City of, 275230 March 12, 1971, ......*do............. Do.

    Hennepin County. Emerg; September

    8, 1972, Reg;

    November 4,

    2016, Susp.

    Brooklyn Center, City of, 270151 July 29, 1974, ......*do............. Do.

    Hennepin County. Emerg; February

    17, 1982, Reg;

    November 4,

    2016, Susp.

    Brooklyn Park, City of, 270152 February 5, 1974, ......*do............. Do.

    Hennepin County. Emerg; May 17,

    1982, Reg;

    November 4,

    2016, Susp.

    Champlin, City of, Hennepin 270153 March 30, 1973, ......*do............. Do.

    County. Emerg; July 18,

    1977, Reg;

    November 4,

    2016, Susp.

    Corcoran, City of, Hennepin 270155 September 8, ......*do............. Do.

    County. 1975, Emerg;

    January 16,

    1981, Reg;

    November 4,

    2016, Susp.

    Crystal, City of, Hennepin 270156 May 13, 1974, ......*do............. Do.

    County. Emerg; June 1,

    1978, Reg;

    November 4,

    2016, Susp.

    Dayton, City of, Hennepin 270157 September 25, ......*do............. Do.

    and Wright Counties. 1973, Emerg;

    February 1,

    1978, Reg;

    November 4,

    2016, Susp.

    Deephaven, City of, 270158 September 4, ......*do............. Do.

    Hennepin County. 1974, Emerg;

    December 26,

    1978, Reg;

    November 4,

    2016, Susp.

    Eden Prairie, City of, 270159 May 16, 1975, ......*do............. Do.

    Hennepin County. Emerg; September

    27, 1985, Reg;

    November 4,

    2016, Susp.

    Edina, City of, Hennepin 270160 July 27, 1973, ......*do............. Do.

    County. Emerg; May 1,

    1980, Reg;

    November 4,

    2016, Susp.

    Excelsior, City of, 270161 May 20, 1974, ......*do............. Do.

    Hennepin County. Emerg; March 20,

    1981, Reg;

    November 4,

    2016, Susp.

    Golden Valley, City of, 270162 April 23, 1974, ......*do............. Do.

    Hennepin County. Emerg; February

    4, 1981, Reg;

    November 4,

    2016, Susp.

    Greenfield, City of, 270673 December 26, ......*do............. Do.

    Hennepin County. 1974, Emerg;

    April 15, 1981,

    Reg; November 4,

    2016, Susp.

    Greenwood, City of, 270164 July 25, 1975, ......*do............. Do.

    Hennepin County. Emerg; December

    26, 1978, Reg;

    November 4,

    2016, Susp.

    Hanover, City of, Hennepin 270540 October 25, 1974, ......*do............. Do.

    and Wright Counties. Emerg; May 5,

    1981, Reg;

    November 4,

    2016, Susp.

    Page 76873

    Hopkins, City of, Hennepin 270166 May 2, 1974, ......*do............. Do.

    County. Emerg; May 5,

    1981, Reg;

    November 4,

    2016, Susp.

    Independence, City of, 270167 January 28, 1975, ......*do............. Do.

    Hennepin County. Emerg; January

    6, 1983, Reg;

    November 4,

    2016, Susp.

    Long Lake, City of, 270168 May 2, 1975, ......*do............. Do.

    Hennepin County. Emerg; February

    20, 1979, Reg;

    November 4,

    2016, Susp.

    Maple Grove, City of, 270169 July 1, 1974, ......*do............. Do.

    Hennepin County. Emerg; April 17,

    1978, Reg;

    November 4,

    2016, Susp.

    Maple Plain, City of, 270170 October 24, 1975, ......*do............. Do.

    Hennepin County. Emerg; June 22,

    1984, Reg;

    November 4,

    2016, Susp.

    Medicine Lake, City of, 270690 December 21, ......*do............. Do.

    Hennepin County. 1978, Emerg;

    April 15, 1982,

    Reg; November 4,

    2016, Susp.

    Medina, City of, Hennepin 270171 July 18, 1975, ......*do............. Do.

    County. Emerg; September

    3, 1980, Reg;

    November 4,

    2016, Susp.

    Minneapolis, City of, 270172 March 23, 1973, ......*do............. Do.

    Hennepin County. Emerg; February

    18, 1981, Reg;

    November 4,

    2016, Susp.

    Minnetonka, City of, 270173 April 9, 1975, ......*do............. Do.

    Hennepin County. Emerg; May 19,

    1981, Reg;

    November 4,

    2016, Susp.

    Mound, City of, Hennepin 270176 April 16, 1974, ......*do............. Do.

    County. Emerg; September

    29, 1978, Reg;

    November 4,

    2016, Susp.

    New Hope, City of, Hennepin 270177 July 2, 1975, ......*do............. Do.

    County. Emerg; January

    2, 1981, Reg;

    November 4,

    2016, Susp.

    Plymouth, City of, Hennepin 270179 April 15, 1974, ......*do............. Do.

    County. Emerg; May 15,

    1978, Reg;

    November 4,

    2016, Susp.

    Richfield, City of, 270180 April 22, 1975, ......*do............. Do.

    Hennepin County. Emerg; August

    24, 1981, Reg;

    November 4,

    2016, Susp.

    Robbinsdale, City of, 270181 May 9, 1974, ......*do............. Do.

    Hennepin County. Emerg; August 1,

    1977, Reg;

    November 4,

    2016, Susp.

    Rockford, City of, Hennepin 270182 February 5, 1975, ......*do............. Do.

    and Wright Counties. Emerg; November

    1, 1979, Reg;

    November 4,

    2016, Susp.

    Rogers, City of, Hennepin 270775 N/A, Emerg; July ......*do............. Do.

    County. 12, 2012, Reg;

    November 4,

    2016, Susp.

    Saint Bonifacius, City of, 270183 April 22, 1976, ......*do............. Do.

    Hennepin County. Emerg; December

    26, 1978, Reg;

    November 4,

    2016, Susp.

    Saint Louis Park, City of, 270184 December 22, ......*do............. Do.

    Hennepin County. 1972, Emerg;

    June 1, 1977,

    Reg; November 4,

    2016, Susp.

    Shorewood, City of, 270185 April 8, 1975, ......*do............. Do.

    Hennepin County. Emerg; December

    4, 1979, Reg;

    November 4,

    2016, Susp.

    Spring Park, City of, 270186 July 16, 1975, ......*do............. Do.

    Hennepin County. Emerg; May 1,

    1979, Reg;

    November 4,

    2016, Susp.

    Tonka Bay, City of, 270187 January 17, 1975, ......*do............. Do.

    Hennepin County. Emerg; May 1,

    1979, Reg;

    November 4,

    2016, Susp.

    Wayzata, City of, Hennepin 270188 November 25, ......*do............. Do.

    County. 1974, Emerg;

    November 1,

    1979, Reg;

    November 4,

    2016, Susp.

    Woodland, City of, Hennepin 270189 June 11, 1975, ......*do............. Do.

    County. Emerg; August 1,

    1979, Reg;

    November 4,

    2016, Susp.

    Region VI

    New Mexico:

    Albuquerque, City of, 350002 September 9, ......*do............. Do.

    Bernalillo County. 1974, Emerg;

    October 14,

    1983, Reg;

    November 4,

    2016, Susp.

    Bernalillo County 350001 August 26, 1974, ......*do............. Do.

    Unincorporated Areas. Emerg; September

    15, 1983, Reg;

    November 4,

    2016, Susp.

    Texas:

    Gregory, City of, San 480555 May 16, 1975, ......*do............. Do.

    Patricio County. Emerg; April 15,

    1981, Reg;

    November 4,

    2016, Susp.

    Mathis, City of, San 480557 June 11, 1975, ......*do............. Do.

    Patricio County. Emerg; October

    23, 1979, Reg;

    November 4,

    2016, Susp.

    San Patricio, City of, San 481556 March 15, 2012, ......*do............. Do.

    Patricio County. Emerg; April 1,

    2012, Reg;

    November 4,

    2016, Susp.

    Taft, City of, San Patricio 481506 July 11, 1995, ......*do............. Do.

    County. Emerg; N/A, Reg;

    November 4,

    2016, Susp.

    Region VII

    Iowa:

    Muscatine, City of, 190213 January 15, 1974, ......*do............. Do.

    Muscatine County. Emerg; January

    5, 1978, Reg;

    November 4,

    2016, Susp.

    Region IX

    California:

    Page 76874

    Humboldt County 060060 September 11, ......*do............. Do.

    Unincorporated Areas. 1974, Emerg;

    July 19, 1982,

    Reg; November 4,

    2016, Susp.

    Region X

    Oregon:

    Beaverton, City of, 410240 October 30, 1974, ......*do............. Do.

    Washington County. Emerg; September

    28, 1984, Reg;

    November 4,

    2016, Susp.

    Cornelius, City of, 410261 April 19, 1978, ......*do............. Do.

    Washington County. Emerg; January

    6, 1982, Reg;

    November 4,

    2016, Susp.

    Durham, City of, Washington 410263 November 7, 1979, ......*do............. Do.

    County. Emerg; January

    6, 1982, Reg;

    November 4,

    2016, Susp.

    Forest Grove, City of, 410241 June 4, 1975, ......*do............. Do.

    Washington County. Emerg; March 15,

    1982, Reg;

    November 4,

    2016, Susp.

    Gaston, City of, Washington 410242 November 24, ......*do............. Do.

    County. 1981, Emerg;

    July 5, 1982,

    Reg; November 4,

    2016, Susp.

    Hillsboro, City of, 410243 January 20, 1975, ......*do............. Do.

    Washington County. Emerg; May 17,

    1982, Reg;

    November 4,

    2016, Susp.

    King City, City of, 410269 November 14, ......*do............. Do.

    Washington County. 1974, Emerg;

    February 11,

    1976, Reg;

    November 4,

    2016, Susp.

    North Plains, City of, 410270 March 25, 1977, ......*do............. Do.

    Washington County. Emerg; April 1,

    1982, Reg;

    November 4,

    2016, Susp.

    Sherwood, City of, 410273 February 4, 1981, ......*do............. Do.

    Washington County. Emerg; January

    6, 1982, Reg;

    November 4,

    2016, Susp.

    Tualatin, City of, 410277 July 3, 1974, ......*do............. Do.

    Clackamas and Washington Emerg; February

    Counties. 17, 1982, Reg;

    November 4,

    2016, Susp.

    Washington County 410238 April 10, 1973, ......*do............. Do.

    Unincorporated Areas. Emerg; September

    30, 1982, Reg;

    November 4,

    2016, Susp.

    ----------------------------------------------------------------------------------------------------------------

    *do = Ditto.

    Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Dated: October 31, 2016.

    Eric Letvin,

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

    FR Doc. 2016-26679 Filed 11-3-16; 8:45 am

    BILLING CODE 9110-12-P

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