2015-18983. 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 Bret Gates, 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:
Chester, City of, Delaware County	420404	December 10, 1971, Emerg; August 1, 1979, Reg; September 2, 2015, Susp	September 2, 2015	September 2, 2015
Chester, Township of, Delaware County	420405	December 3, 1971, Emerg; May 15, 1984, Reg; September 2, 2015, Susp	*......do	Do.
Collingdale, Borough of, Delaware County	420408	October 13, 1972, Emerg; February 2, 1977, Reg; September 2, 2015, Susp	......do	Do.
Colwyn, Borough of, Delaware County	420409	September 15, 1972, Emerg; May 2, 1977, Reg; September 2, 2015, Susp	......do	Do.
Darby, Township of, Delaware County	421603	November 8, 1974, Emerg; April 3, 1984, Reg; September 2, 2015, Susp	......do	Do.
Eddystone, Borough of, Delaware County	420413	September 15, 1972, Emerg; February 2, 1977, Reg; September 2, 2015, Susp	......do	Do.
Folcroft, Borough of, Delaware County	420415	February 2, 1973, Emerg; August 1, 1977, Reg; September 2, 2015, Susp	......do	Do.
Glenolden, Borough of, Delaware County	420416	June 30, 1972, Emerg; November 18, 1981, Reg; September 2, 2015, Susp	......do	Do.
Lower Chichester, Township of, Delaware County	421604	October 9, 1974, Emerg; September 22, 1978, Reg; September 2, 2015, Susp	......do	Do.
Marcus Hook, Borough of, Delaware County	420419	June 10, 1975, Emerg; September 16, 1981, Reg; September 2, 2015, Susp	......do	Do.
Nether Providence, Township of, Delaware County	420424	November 12, 1971, Emerg; December 1, 1978, Reg; September 2, 2015, Susp	......do	Do.
Norwood, Borough of, Delaware County	420425	August 18, 1972, Emerg; May 3, 1982, Reg; September 2, 2015, Susp	......do	Do.
Parkside, Borough of, Delaware County	420426	December 10, 1971, Emerg; July 5, 1977, Reg; September 2, 2015, Susp	......do	Do.
Prospect Park, Borough of, Delaware County	420427	September 19, 1974, Emerg; March 18, 1980, Reg; September 2, 2015, Susp	......do	Do.
Ridley, Township of, Delaware County	420429	September 8, 1972, Emerg; January 6, 1983, Reg; September 2, 2015, Susp	......do	Do.
Ridley Park, Borough of, Delaware County	420430	August 29, 1974, Emerg; January 2, 1980, Reg; September 2, 2015, Susp	......do	Do.
Sharon Hill, Borough of, Delaware County	420433	July 19, 1974, Emerg; August 15, 1979, Reg; September 2, 2015, Susp	......do	Do.
Tinicum, Township of, Delaware County	421605	February 7, 1975, Emerg; May 1, 1980, Reg; September 2, 2015, Susp	......do	Do.
Trainer, Borough of, Delaware County	420437	December 10, 1971, Emerg; September 30, 1977, Reg; September 2, 2015, Susp	......do	Do.
Upland, Borough of, Delaware County	420438	December 3, 1971, Emerg; December 10, 1976, Reg; September 2, 2015, Susp	......do	Do.
Upper Chichester, Township of, Delaware County	420439	December 17, 1971, Emerg; May 16, 1977, Reg; September 2, 2015, Susp	......do	Do.
Virginia:
King William County, Unincorporated Areas	510304	May 22, 1975, Emerg; February 6, 1991, Reg; September 2, 2015, Susp	......do	Do.
West Point, Town of, King William County	510083	April 16, 1975, Emerg; June 18, 1990, Reg; September 2, 2015, Susp	......do	Do.
Region IV
North Carolina:
Charlotte, City of, Mecklenburg County	370159	April 12, 1973, Emerg; August 15, 1978, Reg; September 2, 2015, Susp	......do	Do.
Cornelius, Town of, Mecklenburg County	370498	N/A, Emerg; September 30, 1997, Reg; September 2, 2015, Susp	......do	Do.
Huntersville, Town of, Mecklenburg County	370478	January 11, 1995, Emerg; February 4, 2004, Reg; September 2, 2015, Susp	......do	Do.
Mecklenburg County, Unincorporated Areas	370158	May 17, 1973, Emerg; June 1, 1981, Reg; September 2, 2015, Susp	......do	Do.
Pineville, Town of, Mecklenburg County	370160	May 6, 1975, Emerg; March 18, 1987, Reg; September 2, 2015, Susp	......do	Do.
Region VII
Kansas:
Bonner Springs, City of, Wyandotte County	200361	June 6, 1975, Emerg; January 3, 1979, Reg; September 2, 2015, Susp	......do	Do.
Douglas County, Unincorporated Areas	200087	May 30, 1975, Emerg; March 2, 1981, Reg; September 2, 2015, Susp	......do	Do.
Edwardsville, City of, Wyandotte County	200362	May 13, 1975, Emerg; September 29, 1978, Reg; September 2, 2015, Susp	......do	Do.
Kansas City, City of, Wyandotte County	200363	December 10, 1974, Emerg; August 3, 1981, Reg; September 2, 2015, Susp	......do	Do.
Lawrence, City of, Douglas County	200090	June 15, 1973, Emerg; March 2, 1981, Reg; September 2, 2015, Susp	......do	Do.
Wyandotte County, Unincorporated Areas	200562	March 7, 1975, Emerg; December 18, 1979, Reg; September 2, 2015, Susp	......do	Do.
Region VIII
North Dakota:
Alexander, City of, McKenzie County	380055	March 10, 1976, Emerg; September 18, 1987, Reg; September 2, 2015, Susp	......do	Do.
*......do and   Do. = Ditto.
Code for reading third column: Emerg. —Emergency; Reg. —Regular; Susp —Suspension.

Dated: July 17, 2015.

Roy E. Wright,

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