Suspension of Community Eligibility

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 https:// www.fema.gov/national-flood-insurance-program-community-status-book.

 
CONTENT

Federal Register, Volume 83 Issue 2 (Wednesday, January 3, 2018)

Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)

Rules and Regulations

Pages 252-254

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

FR Doc No: 2017-28429

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8513

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 https://www.fema.gov/national-flood-insurance-program-community-status-book.

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 Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.

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

Page 253

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 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 II

    New York:

    Amsterdam, City of, 360440 May 19, 1975, January 19, 2018...... January 19, 2018.

    Montgomery County. Emerg; July 16,

    1984, Reg;

    January 19, 2018,

    Susp.

    Amsterdam, Town of, 360441 July 16, 1975, ......do*............. Do.

    Montgomery County. Emerg; December

    1, 1987, Reg;

    January 19, 2018,

    Susp.

    Canajoharie, Town of, 360442 June 13, 1975, ......do.............. Do.

    Montgomery County. Emerg; January 6,

    1983, Reg;

    January 19, 2018,

    Susp.

    Canajoharie, Village of, 360443 July 26, 1974, ......do.............. Do.

    Montgomery County. Emerg; November

    3, 1982, Reg;

    January 19, 2018,

    Susp.

    Florida, Town of, 360445 July 22, 1975, ......do.............. Do.

    Montgomery County. Emerg; December

    1, 1987, Reg;

    January 19, 2018,

    Susp.

    Fort Johnson, Village of, 360447 July 22, 1975, ......do.............. Do.

    Montgomery County. Emerg; January

    19, 1983, Reg;

    January 19, 2018,

    Susp.

    Fultonville, Village of, 360449 January 17, 1975, ......do.............. Do.

    Montgomery County. Emerg; October

    15, 1982, Reg;

    January 19, 2018,

    Susp.

    Glen, Town of, Montgomery 361295 February 10, 1977, ......do.............. Do.

    County.. Emerg; February

    19, 1986, Reg;

    January 19, 2018,

    Susp.

    Hagaman, Village of, 360450 June 18, 1975, ......do.............. Do.

    Montgomery County. Emerg; March 18,

    1986, Reg;

    January 19, 2018,

    Susp.

    Minden, Town of, 360451 November 10, 1975, ......do.............. Do.

    Montgomery County. Emerg; January

    19, 1983, Reg;

    January 19, 2018,

    Susp.

    Page 254

    Mohawk, Town of, 360452 July 18, 1975, ......do.............. Do.

    Montgomery County. Emerg; August 5,

    1985, Reg;

    January 19, 2018,

    Susp.

    Palatine, Town of, 361413 March 8, 1977, ......do.............. Do.

    Montgomery County. Emerg; May 4,

    1987, Reg;

    January 19, 2018,

    Susp.

    Root, Town of, Montgomery 360455 November 3, 1975, ......do.............. Do.

    County. Emerg; April 1,

    1988, Reg;

    January 19, 2018,

    Susp.

    Saint Johnsville, Town of, 360456 March 9, 1977, ......do.............. Do.

    Montgomery County. Emerg; March 16,

    1983, Reg;

    January 19, 2018,

    Susp.

    Saint Johnsville, Village 360457 October 23, 1974, ......do.............. Do.

    of, Montgomery County. Emerg; February

    19, 1986, Reg;

    January 19, 2018,

    Susp.

    Region IV

    Florida: Fanning Springs, City 120146 August 22, 1975, ......do.............. Do.

    of, Gilchrist and Levy Emerg; September

    Counties. 5, 1984, Reg;

    January 19, 2018,

    Susp.

    Region VI

    Texas:

    Dayton Lakes, City of, 481593 August 12, 1985, January 19, 2018...... January 19, 2018.

    Liberty County. Emerg; November

    15, 1989, Reg;

    January 19, 2018,

    Susp.

    Hardin, City of, Liberty 481270 June 1, 1976, ......do.............. Do.

    County. Emerg; April 9,

    1985, Reg;

    January 19, 2018,

    Susp.

    Kenefick, City of, Liberty 481523 N/A, Emerg; June ......do.............. Do.

    County. 20, 2008, Reg;

    January 19, 2018,

    Susp.

    Region X

    Oregon:

    Eagle Point, City of, 410093 June 5, 1974, ......do.............. Do.

    Jackson County. Emerg; September

    30, 1980, Reg;

    January 19, 2018,

    Susp.

    Jackson County, 415589 December 31, 1970, ......do.............. Do.

    Unincorporated Areas. Emerg; April 1,

    1982, Reg;

    January 19, 2018,

    Susp.

    Shady Cove, City of, 410099 August 23, 1974, ......do.............. Do.

    Jackson County. Emerg; September

    30, 1980, Reg;

    January 19, 2018,

    Susp.

    Washington: Camas, City of, 530026 April 24, 1974, ......do.............. Do.

    Clark County Emerg; February

    18, 1981, Reg;

    January 19, 2018,

    Susp.

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    * do = Ditto.

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

    Dated: December 21, 2017.

    Eric Letvin,

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

    FR Doc. 2017-28429 Filed 1-2-18; 8:45 am

    BILLING CODE 9110-12-P