2015-31016. 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 V
Wisconsin:
Appleton, City of, Calumet and Outagamie Counties	555542	April 23, 1971, Emerg; April 6, 1973, Reg; January 20, 2016, Susp	January 20, 2016	January 20, 2016
Outagamie County, Unincorporated Areas	550302	January 14, 1972, Emerg; September 30, 1977, Reg; January 20, 2016, Susp	......do	Do.
Region VI
Louisiana:
Monroe, City of, Ouachita Parish	220136	September 6, 1974, Emerg; December 18, 1979, Reg; January 20, 2016, Susp	......do	Do
Ouachita Parish, Unincorporated Areas	220135	January 29, 1974, Emerg; July 2, 1980, Reg; January 20, 2016, Susp	......do	Do
Richwood, Town of, Ouachita Parish	220378	February 9, 1978, Emerg; September 30, 1987, Reg; January 20, 2016, Susp	......do	Do
Sterlington, Town of, Ouachita Parish	220400	N/A, Emerg; June 14, 1994, Reg; January 20, 2016, Susp	......do	Do
West Monroe, City of, Ouachita Parish	220138	April 6, 1973, Emerg; December 1, 1978, Reg; January 20, 2016, Susp	......do	Do
Region VII
Missouri:
Augusta, Town of, Saint Charles County	290461	N/A, Emerg; January 31, 2001, Reg; January 20, 2016, Susp	......do	Do
Cottleville, City of, Saint Charles County	290898	N/A, Emerg; February 1, 1990, Reg; January 20, 2016, Susp	......do	Do
Dardenne Prairie, City of, Saint Charles County	290899	N/A, Emerg; March 13, 1995, Reg; January 20, 2016, Susp	......do	Do
Flint Hill, City of, Saint Charles County	290883	July 9, 1980, Emerg; November 19, 1986, Reg; January 20, 2016, Susp	......do	Do
Foristell, City of, Saint Charles and Warren Counties	290902	N/A, Emerg; February 24, 1993, Reg; January 20, 2016, Susp	......do	Do
Lake Saint Louis, City of, Saint Charles County	290868	March 20, 1978, Emerg; September 18, 1987, Reg; January 20, 2016, Susp	......do	Do
O'Fallon, City of, Saint Charles County	290316	April 17, 1975, Emerg; March 16, 1981, Reg; January 20, 2016, Susp	......do	Do
Portage Des Sioux, City of, Saint Charles County	290317	August 29, 1973, Emerg; April 1, 1977, Reg; January 20, 2016, Susp	......do	Do
Saint Charles, City of, Saint Charles County	290318	June 27, 1973, Emerg; March 22, 1974, Reg; January 20, 2016, Susp	......do	Do
Saint Paul, City of, Saint Charles County	290900	N/A, Emerg; February 13, 1998, Reg; January 20, 2016, Susp	......do	Do
Weldon Spring, City of, Saint Charles County	290901	N/A, Emerg; July 2, 1993, Reg; January 20, 2016, Susp	......do	Do
Wentzville, City of, Saint Charles County	290320	April 18, 1975, Emerg; July 28, 1978, Reg; January 20, 2016, Susp	......do	Do
West Alton, City of, Saint Charles County	290924	N/A, Emerg; July 9, 1997, Reg; January 20, 2016, Susp	......do	Do
Region VIII
Colorado:
Adams County, Unincorporated Areas	080001	January 14, 1972, Emerg; February 1, 1979, Reg; January 20, 2016, Susp	......do	Do
Arvada, City of, Adams and Jefferson Counties	085072	April 30, 1971, Emerg; June 23, 1972, Reg; January 20, 2016, Susp	......do	Do
Ault, Town of, Weld County	080179	May 28, 1975, Emerg; June 10, 1980, Reg; January 20, 2016, Susp	......do	Do
Broomfield, City and County of, Broomfield County	085073	February 18, 1972, Emerg; September 7, 1973, Reg; January 20, 2016, Susp	......do	Do
Eaton, Town of, Weld County	080180	March 3, 1975, Emerg; June 4, 1980, Reg; January 20, 2016, Susp	......do	Do
Evans, City of, Weld County	080182	July 25, 1974, Emerg; April 2, 1979, Reg; January 20, 2016, Susp	......do	Do
Firestone, Town of, Weld County	080241	October 26, 1976, Emerg; December 18, 1979, Reg; January 20, 2016, Susp	......do	Do
Fort Lupton, City of, Weld County	080183	July 23, 1974, Emerg; April 2, 1979, Reg; January 20, 2016, Susp	......do	Do
Frederick, Town of, Weld County	080244	October 18, 1976, Emerg; July 16, 1979, Reg; January 20, 2016, Susp	......do	Do
Gilcrest, Town of, Weld County	080213	September 21, 1976, Emerg; June 10, 1980, Reg; January 20, 2016, Susp	......do	Do
Greeley, City of, Weld County	080184	October 15, 1974, Emerg; July 16, 1979, Reg; January 20, 2016, Susp	......do	Do
Hudson, Town of, Weld County	080249	August 20, 1997, Emerg; N/A, Reg; January 20, 2016, Susp	......do	Do
Jefferson County, Unincorporated Areas	080087	July 5, 1973, Emerg; August 5, 1986, Reg; January 20, 2016, Susp	......do	Do
Keenesburg, Town of, Weld County	080251	September 21, 1976, Emerg; August 24, 1981, Reg; January 20, 2016, Susp	......do	Do
La Salle, Town of, Weld County	080186	July 19, 1974, Emerg; May 25, 1978, Reg; January 20, 2016, Susp	......do	Do
Milliken, Town of, Weld County	080187	July 23, 1975, Emerg; August 1, 1979, Reg; January 20, 2016, Susp	......do	Do
Northglenn, City of, Adams County	080257	January 22, 1975, Emerg; September 15, 1978, Reg; January 20, 2016, Susp	......do	Do
Nunn, Town of, Weld County	080188	August 7, 1975, Emerg; February 1, 1979, Reg; January 20, 2016, Susp	......do	Do
Pierce, Town of, Weld County	080189	July 17, 1975, Emerg; November 15, 1979, Reg; January 20, 2016, Susp	......do	Do
Platteville, Town of, Weld County	080190	May 5, 1975, Emerg; February 29, 1980, Reg; January 20, 2016, Susp	......do	Do
Severance, Town of, Weld County	080317	N/A, Emerg; March 28, 1995, Reg; January 20, 2016, Susp	......do	Do
Thornton, City of, Adams County	080007	July 31, 1975, Emerg; June 15, 1978, Reg; January 20, 2016, Susp	......do	Do
Weld County, Unincorporated Areas	080266	September 16, 1974, Emerg; March 18, 1980, Reg; January 20, 2016, Susp	......do	Do
Westminster, City of, Adams and Jefferson Counties	080008	July 13, 1973, Emerg; September 30, 1988, Reg; January 20, 2016, Susp	......do	Do
Windsor, Town of, Larimer and Weld Counties	080264	N/A, Emerg; September 27, 1991, Reg; January 20, 2016, Susp	......do	Do
* - do - = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: November 20, 2015.

Roy E. Wright,

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