2016-03231. 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 I
Massachusetts:
Boston, City of, Suffolk County	250286	July 7, 1975, Emerg; April 1, 1982, Reg; March 16, 2016, Susp.	March 16, 2016	March 16, 2016
Chelsea, City of, Suffolk County	250287	May 26, 1972, Emerg; August 2, 1982, Reg; March 16, 2016, Susp.	......do *	Do.
Revere, City of, Suffolk County	250288	December 29, 1972, Emerg; October 16, 1984, Reg; March 16, 2016, Susp.	......do	Do.
Winthrop, Town of, Suffolk County	250289	November 3, 1972, Emerg; October 8, 1976, Reg; March 16, 2016, Susp.	......do	Do.
Region IV
Alabama:
Anniston, City of, Calhoun County	010020	December 10, 1974, Emerg; September 15, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Attalla, City of, Etowah County	010079	July 1, 1975, Emerg; December 1, 1981, Reg; March 16, 2016, Susp.	......do	Do.
Calhoun County, Unincorporated Areas	010013	September 22, 1975, Emerg; September 15, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Centre, City of, Cherokee County	010233	December 27, 1976, Emerg; March 14, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Cherokee County, Unincorporated Areas	010234	June 24, 1986, Emerg; June 17, 1991, Reg; March 16, 2016, Susp.	......do	Do.
Childersburg, City of, Talladega County	010197	April 23, 1975, Emerg; December 17, 1987, Reg; March 16, 2016, Susp.	......do	Do.
Etowah County, Unincorporated Areas	010077	N/A, Emerg; February 27, 1990, Reg; March 16, 2016, Susp.	......do	Do.
Gadsden, City of, Etowah County	010080	April 12, 1976, Emerg; April 4, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Glencoe, City of, Etowah County	010081	May 13, 1975, Emerg; December 1, 1981, Reg; March 16, 2016, Susp.	......do	Do.
Hobson City, Town of, Calhoun County	010021	April 16, 1975, Emerg; September 30, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Hokes Bluff, Town of, Etowah County	010254	September 1, 1976, Emerg; March 28, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Jacksonville, City of, Calhoun County	010022	December 31, 1974, Emerg; July 5, 1982, Reg; March 16, 2016, Susp.	......do	Do.
Lincoln, City of, Talladega County	010198	May 16, 1975, Emerg; July 18, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Ohatchee, Town of, Calhoun County	010232	N/A, Emerg; August 18, 2004, Reg; March 16, 2016, Susp.	......do	Do.
Oxford, City of, Calhoun and Talladega Counties	010023	April 3, 1975, Emerg; January 18, 1984, Reg; March 16, 2016, Susp.	......do	Do.
Piedmont, City of, Calhoun County	010024	June 25, 1975, Emerg; June 15, 1984, Reg; March 16, 2016, Susp.	......do	Do.
Rainbow City, City of, Etowah County	010351	September 15, 1975, Emerg; January 6, 1982, Reg; March 16, 2016, Susp.	......do	Do.
Reece City, Town of, Etowah County	010253	April 27, 1990, Emerg; February 1, 1991, Reg; March 16, 2016, Susp.	......do	Do.
Sardis City, Town of, Etowah County	010361	April 7, 1978, Emerg; January 1, 1987, Reg; March 16, 2016, Susp.	......do	Do.
Southside, City of, Etowah County	010082	August 21, 1975, Emerg; July 2, 1987, Reg; March 16, 2016, Susp.	......do	Do.
Sylacauga, City of, Talladega County	010199	February 18, 1975, Emerg; December 17, 1987, Reg; March 16, 2016, Susp.	......do	Do.
Talladega, City of, Talladega County	010200	June 27, 1974, Emerg; April 15, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Talladega County, Unincorporated Areas	010297	October 3, 1975, Emerg; July 2, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Weaver, City of, Calhoun County	010025	June 27, 1975, Emerg; September 30, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Region V
Indiana:
Gary, City of, Lake County	180132	March 17, 1975, Emerg; March 16, 1981, Reg; March 16, 2016, Susp.	......do	Do.
Griffith, Town of, Lake County	185175	February 26, 1971, Emerg; April 14, 1972, Reg; March 16, 2016, Susp.	......do	Do.
Highland, Town of, Lake County	185176	May 21, 1971, Emerg; May 19, 1972, Reg; March 16, 2016, Susp.	......do	Do.
Lake County, Unincorporated Areas	180126	July 25, 1973, Emerg; September 2, 1981, Reg; March 16, 2016, Susp.	......do	Do.
Munster, Town of, Lake County	180139	November 11, 1974, Emerg; May 16, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Schererville, Town of, Lake County	180142	March 17, 1975, Emerg; May 1, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Minnesota: Hastings, City of, Dakota and Washington Counties	270105	March 9, 1973, Emerg; July 16, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Ohio:
Holland, Village of, Lucas County	390659	March 13, 1975, Emerg; September 22, 1978, Reg; March 16, 2016, Susp.	......do	Do.
Lucas County, Unincorporated Areas	390359	March 9, 1977, Emerg; March 16, 1983, Reg; March 16, 2016, Susp.	......do	Do.
Ottawa Hills, Village of, Lucas County	390362	October 24, 1975, Emerg; June 4, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Sylvania, City of, Lucas County	390364	February 18, 1972, Emerg; July 5, 1977, Reg; March 16, 2016, Susp.	......do	Do.
Toledo, City of, Lucas County	395373	December 18, 1970, Emerg; June 4, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Region VII
Kansas: Bourbon County, Unincorporated Areas	200022	December 22, 1986, Emerg; June 1, 1988, Reg; March 16, 2016, Susp.	......do	Do.
Region VIII
Colorado:
Castle Rock, Town of, Douglas County	080050	April 22, 1975, Emerg; August 15, 1978, Reg; March 16, 2016, Susp.	......do	Do.
Douglas County, Unincorporated Areas	080049	August 28, 1974, Emerg; September 3, 1980, Reg; March 16, 2016, Susp.	......do	Do.
Larkspur, Town of, Douglas County	080309	March 27, 1987, Emerg; September 30, 1987, Reg; March 16, 2016, Susp.	......do	Do.
Lone Tree, City of, Douglas County	080319	N/A, Emerg; April 8, 2005, Reg; March 16, 2016, Susp.	......do	Do.
Parker, Town of, Douglas County	080310	March 12, 1986, Emerg; September 30, 1987, Reg; March 16, 2016, Susp.	......do	Do.
* -do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: January 15, 2016.

Roy E. Wright,

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