2016-09471. 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:
Anthony, Township of, Lycoming County.	420971	December 6, 1973, Emerg; December 1, 1986, Reg; June 2, 2016, Susp.	June 2, 2016	June 2, 2016.
Armstrong, Township of, Lycoming County.	420635	March 30, 1973, Emerg; September 28, 1979, Reg; June 2, 2016, Susp.	......do *	Do.
Brady, Township of, Lycoming County.	421169	April 30, 1974, Emerg; July 16, 1979, Reg; June 2, 2016, Susp.	......do	Do.
Brown, Township of, Lycoming County.	420636	May 11, 1973, Emerg; March 2, 1981, Reg; June 2, 2016, Susp.	......do	Do.
Cascade, Township of, Lycoming County.	421837	July 29, 1976, Emerg; December 1, 1986, Reg; June 2, 2016, Susp.	......do	Do.
Clinton, Township of, Lycoming County.	420637	April 10, 1973, Emerg; September 28, 1979, Reg; June 2, 2016, Susp.	......do	Do.
Cogan House, Township of, Lycoming County.	421838	February 5, 1981, Emerg; June 1, 1987, Reg; June 2, 2016, Susp.	......do	Do.
Cummings, Township of, Lycoming County.	420638	June 6, 1973, Emerg; September 17, 1980, Reg; June 2, 2016, Susp.	......do	Do.
DuBoistown, Borough of, Lycoming County.	420639	December 22, 1972, Emerg; March 1, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Eldred, Township of, Lycoming County.	421839	June 20, 1974, Emerg; September 17, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Fairfield, Township of, Lycoming County.	420972	September 25, 1973, Emerg; June 1, 1981, Reg; June 2, 2016, Susp.	......do	Do.
Franklin, Township of, Lycoming County.	420973	January 28, 1974, Emerg; June 1, 1987, Reg; June 2, 2016, Susp.	......do	Do.
Gamble, Township of, Lycoming County.	420974	August 1, 1973, Emerg; September 30, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Hepburn, Township of, Lycoming County.	420640	June 19, 1973, Emerg; February 17, 1982, Reg; June 2, 2016, Susp.	......do	Do.
Hughesville, Borough of, Lycoming County.	420641	January 21, 1974, Emerg; October 15, 1981, Reg; June 2, 2016, Susp.	......do	Do.
Jackson, Township of, Lycoming County.	422601	January 19, 1989, Emerg; January 1, 1991, Reg; June 2, 2016, Susp.	......do	Do.
Jersey Shore, Borough of, Lycoming County.	420642	October 27, 1972, Emerg; March 5, 1976, Reg; June 2, 2016, Susp.	......do	Do.
Jordan, Township of, Lycoming County.	422596	January 27, 1976, Emerg; December 1, 1986, Reg; June 2, 2016, Susp.	......do	Do.
Lewis, Township of, Lycoming County.	420643	June 14, 1973, Emerg; March 2, 1983, Reg; June 2, 2016, Susp.	......do	Do.
Limestone, Township of, Lycoming County.	422588	June 5, 1980, Emerg; June 1, 1987, Reg; June 2, 2016, Susp.	......do	Do.
Loyalsock, Township of, Lycoming County.	421040	February 5, 1974, Emerg; May 16, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Lycoming, Township of, Lycoming County.	420644	May 4, 1973, Emerg; September 17, 1980, Reg; June 2, 2016, Susp.	......do	Do.
McHenry, Township of, Lycoming County.	420975	September 7, 1973, Emerg; August 15, 1980, Reg; June 2, 2016, Susp.	......do	Do.
McIntyre, Township of, Lycoming County.	420645	June 6, 1973, Emerg; November 4, 1981, Reg; June 2, 2016, Susp.	......do	Do.
McNett, Township of, Lycoming County.	422597	September 26, 1975, Emerg; December 23, 1983, Reg; June 2, 2016, Susp.	......do	Do.
Mifflin, Township of, Lycoming County.	422590	September 15, 1975, Emerg; April 17, 1985, Reg; June 2, 2016, Susp.	......do	Do.
Montgomery, Borough of, Lycoming County.	420646	September 1, 1972, Emerg; June 15, 1978, Reg; June 2, 2016, Susp.	......do	Do.
Montoursville, Borough of, Lycoming County.	420648	February 9, 1973, Emerg; August 15, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Moreland, Township of, Lycoming County.	421846	June 15, 1976, Emerg; March 2, 1981, Reg; June 2, 2016, Susp.	......do	Do.
Muncy, Borough of, Lycoming County.	420649	June 30, 1972, Emerg; February 16, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Muncy, Township of, Lycoming County.	421847	May 9, 1980, Emerg; August 19, 1987, Reg; June 2, 2016, Susp.	......do	Do.
Muncy Creek, Township of, Lycoming County.	420650	August 23, 1974, Emerg; September 30, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Nippenose, Township of, Lycoming County.	420651	May 1, 1973, Emerg; April 15, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Old Lycoming, Township of, Lycoming County.	420652	January 19, 1973, Emerg; April 15, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Penn, Township of, Lycoming County.	421848	March 7, 1977, Emerg; August 15, 1990, Reg; June 2, 2016, Susp.	......do	Do.
Piatt, Township of, Lycoming County.	420653	April 10, 1973, Emerg; April 1, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Picture Rocks, Borough of, Lycoming County.	420654	March 21, 1975, Emerg; September 5, 1990, Reg; June 2, 2016, Susp.	......do	Do.
Pine, Township of, Lycoming County.	420954	October 4, 1973, Emerg; September 17, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Plunketts Creek, Township of, Lycoming County.	420655	March 2, 1973, Emerg; August 2, 1982, Reg; June 2, 2016, Susp.	......do	Do.
Porter, Township of, Lycoming County.	420656	March 9, 1973, Emerg; January 14, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Salladasburg, Borough of, Lycoming County.	420657	September 12, 1975, Emerg; January 5, 1979, Reg; June 2, 2016, Susp.	......do	Do.
Shrewsbury, Township of, Lycoming County.	421148	April 9, 1974, Emerg; December 15, 1990, Reg; June 2, 2016, Susp.	......do	Do.
South Williamsport, Borough of, Lycoming County.	420658	January 7, 1974, Emerg; April 15, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Susquehanna, Township of, Lycoming County.	420659	April 19, 1973, Emerg; September 28, 1979, Reg; June 2, 2016, Susp.	......do	Do.
Upper Fairfield, Township of, Lycoming County.	420660	May 15, 1973, Emerg; September 17, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Washington, Township of, Lycoming County.	422613	September 15, 1975, Emerg; December 1, 1986, Reg; June 2, 2016, Susp.	......do	Do.
Watson, Township of, Lycoming County.	420661	May 4, 1973, Emerg; October 15, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Williamsport, City of, Lycoming County.	420662	November 24, 1972, Emerg; December 1, 1977, Reg; June 2, 2016, Susp.	......do	Do.
Wolf, Township of, Lycoming County.	420663	March 30, 1973, Emerg; December 2, 1980, Reg; June 2, 2016, Susp.	......do	Do.
Woodward, Township of, Lycoming County.	420664	June 4, 1973, Emerg; September 28, 1979, Reg; June 2, 2016, Susp.	......do	Do.
* ......do = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Michael M. Grimm,

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