2016-00541. Suspension of Community Eligibility

AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

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, [phone].

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. 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]

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.

§ 64.6

[Amended]

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

State and location	Community No.	Effective date authorization/cancellation of sale of flood insurance in community	Current effective map date	Date certain Federal assistance no longer available in SFHAs
Region III
Pennsylvania:
Apollo, Borough of, Armstrong County	420092	January 3, 1975, Emerg; August 10, 1979, Reg; February 17, 2016, Susp	Feb. 17, 2016	Feb. 17, 2016.
Applewold, Borough of, Armstrong County	420093	March 11, 1975, Emerg; September 18, 1987, Reg; February 17, 2016, Susp	......do *	Do.
Bethel, Township of, Armstrong County	421300	August 8, 1975, Emerg; June 3, 1988, Reg; February 17, 2016, Susp	......do	Do.
Boggs, Township of, Armstrong County	421301	March 3, 1977, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Brady's Bend, Township of, Armstrong County	421302	April 22, 1976, Emerg; July 3, 1986, Reg; February 17, 2016, Susp	......do	Do.
Burrell, Township of, Armstrong County	421303	October 25, 1977, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Cadogan, Township of, Armstrong County	421304	June 15, 1976, Emerg; June 5, 1985, Reg; February 17, 2016, Susp	......do	Do.
Cowanshannock, Township of, Armstrong County	421230	May 23, 1977, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Dayton, Borough of, Armstrong County	421211	July 31, 1975, Emerg; May 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
East Franklin, Township of, Armstrong County	421305	April 22, 1975, Emerg; April 5, 1988, Reg; February 17, 2016, Susp	......do	Do.
Ford City, Borough of, Armstrong County	420094	December 3, 1974, Emerg; May 19, 1987, Reg; February 17, 2016, Susp	......do	Do.
Freeport, Borough of, Armstrong County	420095	October 25, 1974, Emerg; June 17, 1986, Reg; February 17, 2016, Susp	......do	Do.
Gilpin, Township of, Armstrong County	421306	July 25, 1975, Emerg; January 12, 2001, Reg; February 17, 2016, Susp	......do	Do.
Hovey, Township of, Armstrong County	422299	April 7, 1976, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Kiskiminetas, Township of, Armstrong County	421209	February 28, 1977, Emerg; April 5, 1988, Reg; February 17, 2016, Susp	......do	Do.
Kittanning, Borough of, Armstrong County	420096	February 5, 1975, Emerg; July 3, 1986, Reg; February 17, 2016, Susp	......do	Do.
Kittanning, Township of, Armstrong County	421307	June 18, 1984, Emerg; May 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Leechburg, Borough of, Armstrong County	420097	April 2, 1974, Emerg; May 20, 1977, Reg; February 17, 2016, Susp	......do	Do.
Madison, Township of, Armstrong County	421308	September 27, 1976, Emerg; May 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
Mahoning, Township of, Armstrong County	422633	March 3, 1977, Emerg; June 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Manor, Township of, Armstrong County	421309	July 7, 1975, Emerg; May 19, 1987, Reg; February 17, 2016, Susp	......do	Do.
Manorville, Borough of, Armstrong County	420098	April 7, 1975, Emerg; July 2, 1987, Reg; February 17, 2016, Susp	......do	Do.
North Apollo, Borough of, Armstrong County	422300	July 29, 1976, Emerg; May 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
North Buffalo, Township of, Armstrong County	421310	April 12, 1976, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Parker, City of, Armstrong County	420099	April 13, 1976, Emerg; September 30, 1987, Reg; February 17, 2016, Susp	......do	Do.
Parks, Township of, Armstrong County	421311	February 13, 1976, Emerg; April 5, 1988, Reg; February 17, 2016, Susp	......do	Do.
Perry, Township of, Armstrong County	422301	May 6, 1975, Emerg; May 4, 1988, Reg; February 17, 2016, Susp	......do	Do.
Pine, Township of, Armstrong County	421312	May 24, 1976, Emerg; February 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
Plumcreek, Township of, Armstrong County	421313	May 18, 1984, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Rayburn, Township of, Armstrong County	421314	May 10, 1976, Emerg; November 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Redbank, Township of, Armstrong County	421315	March 8, 1977, Emerg; June 1, 1986, Reg; February 17, 2016, Susp	......do	Do.
Rural Valley, Borough of, Armstrong County	422302	March 7, 1977, Emerg; May 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
South Bend, Township of, Armstrong County	421214	February 28, 1977, Emerg; June 5, 1985, Reg; February 17, 2016, Susp	......do	Do.
South Bethlehem, Borough of, Armstrong County	420100	March 9, 1977, Emerg; February 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
South Buffalo, Township of, Armstrong County	421210	April 17, 1975, Emerg; June 18, 1987, Reg; February 17, 2016, Susp	......do	Do.
Sugarcreek, Township of, Armstrong County	422303	April 19, 1976, Emerg; October 15, 1985, Reg; February 17, 2016, Susp	......do	Do.
Washington, Township of, Armstrong County	421317	February 17, 1977, Emerg; February 4, 1988, Reg; February 17, 2016, Susp	......do	Do.
Wayne, Township of, Armstrong County	421318	October 3, 1975, Emerg; June 5, 1985, Reg; February 17, 2016, Susp	......do	Do.
West Franklin, Township of, Armstrong County	422304	February 25, 1977, Emerg; May 1, 1985, Reg; February 17, 2016, Susp	......do	Do.
Region V
Illinois:
Cherry Valley, Village of, Boone and Winnebago Counties	170721	February 18, 1975, Emerg; March 16, 1981, Reg; February 17, 2016, Susp	......do	Do.
Fox Lake, Village of, Lake and McHenry Counties	170362	March 9, 1973, Emerg; September 29, 1978, Reg; February 17, 2016, Susp	......do	Do.
Grayslake, Village of, Lake County	170363	December 11, 1973, Emerg; June 4, 1980, Reg; February 17, 2016, Susp	......do	Do.
Hainesville, Village of, Lake County	171005	N/A, Emerg; May 11, 1995, Reg; February 17, 2016, Susp	......do	Do.
Hawthorn Woods, Village of, Lake County	170366	October 28, 1983, Emerg; November 2, 1983, Reg; February 17, 2016, Susp	......do	Do.
Lake Zurich, Village of, Lake County	170376	October 11, 1974, Emerg; July 5, 1983, Reg; February 17, 2016, Susp	......do	Do.
Loves Park, City of, Boone and Winnebago Counties	170722	February 23, 1973, Emerg; October 17, 1978, Reg; February 17, 2016, Susp	......do	Do.
Machesney Park, Village of, Winnebago County	171009	September 30, 1981, Emerg; September 30, 1981, Reg; February 17, 2016, Susp	......do	Do.
Mundelein, Village of, Lake County	170382	March 30, 1973, Emerg; July 2, 1981, Reg; February 17, 2016, Susp	......do	Do.
New Milford, Village of, Winnebago County	175182	N/A, Emerg; December 21, 2007, Reg; February 17, 2016, Susp	......do	Do.
Pecatonica, Village of, Winnebago County	170797	July 14, 1978, Emerg; December 1, 1981, Reg; February 17, 2016, Susp	......do	Do.
Rockford, City of, Ogle and Winnebago Counties	170723	February 9, 1973, Emerg; December 4, 1979, Reg; February 17, 2016, Susp	......do	Do.
Roscoe, Village of, Winnebago County	170724	June 11, 1974, Emerg; March 1, 1982, Reg; February 17, 2016, Susp	......do	Do.
Round Lake, Village of, Lake County	170388	September 13, 1974, Emerg; August 1, 1980, Reg; February 17, 2016, Susp	......do	Do.
Round Lake Beach, Village of, Lake County	170389	March 12, 1975, Emerg; August 1, 1980, Reg; February 17, 2016, Susp	......do	Do.
Round Lake Park, Village of, Lake County	170391	July 21, 1975, Emerg; June 4, 1980, Reg; February 17, 2016, Susp	......do	Do.
South Beloit, City of, Winnebago County	170725	March 25, 1974, Emerg; January 2, 1980, Reg; February 17, 2016, Susp	......do	Do.
Volo, Village of, Lake County	171042	N/A, Emerg; April 3, 1998, Reg; February 17, 2016, Susp	......do	Do.
Wauconda, Village of, Lake County	170396	January 13, 1975, Emerg; December 1, 1981, Reg; February 17, 2016, Susp	......do	Do.
Winnebago County, Unincorporated Areas	170720	February 16, 1973, Emerg; November 19, 1980, Reg; February 17, 2016, Susp	......do	Do.
Ohio:
Delaware, City of, Delaware County	390148	January 31, 1975, Emerg; November 2, 1983, Reg; February 17, 2016, Susp	......do	Do.
Delaware County, Unincorporated Areas	390146	February 16, 1977, Emerg; October 18, 1983, Reg; February 17, 2016, Susp	......do	Do.
Region VI
Texas:
Aransas County, Unincorporated Areas	485452	June 19, 1970, Emerg; August 6, 1971, Reg; February 17, 2016, Susp	......do	Do.
Aransas Pass, City of, Aransas, Nueces and San Patricio Counties	485453	June 19, 1970, Emerg; June 25, 1971, Reg; February 17, 2016, Susp	......do	Do.
Fulton, Town of, Aransas County	480012	February 27, 1987, Emerg; February 27, 1987, Reg; February 17, 2016, Susp	......do	Do.
Port Aransas, City of, Aransas and Nueces Counties	485498	June 19, 1970, Emerg; June 25, 1971, Reg; February 17, 2016, Susp	......do	Do.
Rockport, City of, Aransas County	485504	June 19, 1970, Emerg; July 2, 1971, Reg; February 17, 2016, Susp	......do	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: December 22, 2015.

Roy E. Wright,

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