2017-13565. 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 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 Patricia Suber, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 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. 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]

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
Maine: Alexander, Town of, Washington County	230303	March 2, 1978, Emerg; September 4, 1985, Reg; July 18, 2017, Susp	July 18, 2017	July 18, 2017
Baring Plantation, Washington County	230468	March 19, 1974, Emerg; March 15, 1982, Reg; July 18, 2017, Susp	-*do-	-do-
Brookton, Township of, Washington County	230470	March 19, 1974, Emerg; November 1, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Calais, City of, Washington County	230134	July 31, 1975, Emerg; August 3, 1994, Reg; July 18, 2017, Susp	-do-	-do-
Charlotte, Town of, Washington County	230437	May 1, 2000, Emerg; August 1, 2008, Reg; July 18, 2017, Susp	-do-	-do-
Cherryfield, Town of, Washington County	230135	July 23, 1975, Emerg; May 4, 1988, Reg; July 18, 2017, Susp	-do-	-do-
Columbia, Town of, Washington County	230307	June 24, 2010, Emerg; April 1, 2011, Reg; July 18, 2017, Susp	-do-	-do-
Danforth, Town of, Washington County	230136	April 14, 1975, Emerg; September 18, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Dennysville, Town of, Washington County	230312	July 23, 1975, Emerg; August 19, 1985, Reg; July 18, 2017, Susp	-do-	-do-
East Machias, Town of, Washington County	230313	April 8, 1983, Emerg; September 4, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Eastport, City of, Washington County	230137	June 11, 1975, Emerg; December 3, 1987, Reg; July 18, 2017, Susp	-do-	-do-
Edmunds, Township of, Washington County	230471	March 19, 1975, Emerg; August 19, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Grand Lake Stream Plantation, Washington County	230469	March 19, 1975, Emerg; August 5, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Jonesboro, Town of, Washington County	230315	February 27, 2006, Emerg; August 1, 2008, Reg; July 18, 2017, Susp	-do-	-do-
Lambert Lake, Township of, Washington County	230472	March 19, 1975, Emerg; January 17, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Machias, Town of, Washington County	230140	April 24, 1975, Emerg; November 18, 1988, Reg; July 18, 2017, Susp	-do-	-do-
Milbridge, Town of, Washington County	230142	May 14, 1975, Emerg; May 3, 1990, Reg; July 18, 2017, Susp	-do-	-do-
Pembroke, Town of, Washington County	230143	June 9, 1999, Emerg; April 1, 2009, Reg; July 18, 2017, Susp	-do-	-do-
Perry, Town of, Washington County	230319	July 30, 1975, Emerg; September 4, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Princeton, Town of, Washington County	230320	June 11, 1975, Emerg; August 19, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Robbinston, Town of, Washington County	230321	July 23, 1975, Emerg; August 19, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Roque Bluffs, Town of, Washington County	230322	July 16, 1975, Emerg; September 18, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Topsfield, Town of, Washington County	230324	June 22, 2010, Emerg; March 1, 2011, Reg; July 18, 2017, Susp	-do-	-do-
Trescott, Township of, Washington County	230473	March 19, 1975, Emerg; August 5, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Wesley, Town of, Washington County	230327	April 1, 1976, Emerg; September 18, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Whitneyville, Town of, Washington County	230329	N/A, Emerg; February 8, 2001, Reg; July 18, 2017, Susp	-do-	-do-
Region III
Pennsylvania: Belle Vernon, Borough of, Fayette County	420457	July 19, 1974, Emerg; July 16, 1981, Reg; July 18, 2017, Susp	-do-	-do-
Brownsville, Borough of, Fayette County	420458	July 9, 1975, Emerg; September 16, 1981, Reg; July 18, 2017, Susp	-do-	-do-
Bullskin, Township of, Fayette County	421622	March 23, 1976, Emerg; April 16, 1991, Reg; July 18, 2017, Susp	-do-	-do-
Connellsville, City of, Fayette County	420459	July 23, 1973, Emerg; March 1, 1978, Reg; July 18, 2017, Susp	-do-	-do-
Connellsville, Township of, Fayette County	421623	March 3, 1977, Emerg; July 16, 1991, Reg; July 18, 2017, Susp	-do-	-do-
Dunbar, Borough of, Fayette County	420461	June 20, 1974, Emerg; July 4, 1988, Reg; July 18, 2017, Susp	-do-	-do-
Fairchance, Borough of, Fayette County	420463	November 14, 1975, Emerg; April 16, 1991, Reg; July 18, 2017, Susp	-do-	-do-
Lower Tyrone, Township of, Fayette County	421630	March 16, 1977, Emerg; March 4, 1988, Reg; July 18, 2017, Susp	-do-	-do-
Markleysburg, Borough of, Fayette County	422606	January 18, 1985, Emerg; June 19, 1985, Reg; July 18, 2017, Susp	-do-	-do-
Menallen, Township of, Fayette County	421632	July 18, 1974, Emerg; April 16, 1991, Reg; July 18, 2017, Susp	-do-	-do-
Newell, Borough of, Fayette County	420465	February 20, 1975, Emerg; April 15, 1981, Reg; July 18, 2017, Susp	-do-	-do-
Ohiopyle, Borough of, Fayette County	421615	March 8, 1985, Emerg; December 1, 1986, Reg; July 18, 2017, Susp	-do-	-do-
Springhill, Township of, Fayette County	421639	June 15, 1976, Emerg; March 18, 1991, Reg; July 18, 2017, Susp	-do-	-do-
Uniontown, City of, Fayette County	420466	May 4, 1973, Emerg; May 1, 1978, Reg; July 18, 2017, Susp	-do-	-do-
Wharton, Township of, Fayette County	421642	November 19, 1975, Emerg; January 1, 1987, Reg; July 18, 2017, Susp	-do-	-do-
Region IV
South Carolina: Reevesville, Town of, Dorchester County	450218	August 11, 2006, Emerg; N/A, Reg; July 18, 2017, Susp	-do-	-do-
Summerville, Town of, Berkeley, Charleston and Dorchester Counties	450073	November 5, 1973, Emerg; June 15, 1981, Reg; July 18, 2017, Susp	-do-	-do-
Region IX
California: Mendocino County, Unincorporated Areas	060183	December 17, 1974, Emerg; June 1, 1983, Reg; July 18, 2017, Susp	-do-	-do-
Point Arena, City of, Mendocino County	060185	June 28, 1976, Emerg; August 3, 1984, Reg; July 18, 2017, Susp	-do-	-do-
-*do- = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp. —Suspension.

Dated: June 20, 2017.

Michael M. Grimm,

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