2015-23303. 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).

DATES:

The effective date of each community's scheduled suspension is the third date (“Susp.”) listed in the third column of the following tables.

ADDRESSES:

The CSB is available at http://www.fema.gov/​fema/​csb.shtm.

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 I
Rhode Island:
Central Falls, City of, Providence County	445394	November 6, 1970, Emerg; May 28, 1971, Reg; October 2, 2015, Susp	October 2, 2015	October 2, 2015
Coventry, Town of, Kent County	440004	November 21, 1973, Emerg; September 1, 1978, Reg; October 2, 2015, Susp	......do	Do.
Cranston, City of, Providence County	445396	September 11, 1970, Emerg; August 27, 1971, Reg; October 2, 2015, Susp	......do	Do.
Cumberland, Town of, Providence County	440016	July 15, 1975, Emerg; December 16, 1980, Reg; October 2, 2015, Susp	......do	Do.
East Greenwich, Town of, Kent County	445397	July 16, 1971, Emerg; February 9, 1973, Reg; October 2, 2015, Susp	......do	Do.
East Providence, City of, Providence County	445398	June 5, 1970, Emerg; May 18, 1973, Reg; October 2, 2015, Susp	......do	Do.
Johnston, Town of, Providence County	440018	August 1, 1975, Emerg; September 1, 1978, Reg; October 2, 2015, Susp	......do	Do.
Lincoln, Town of, Providence County	445400	May 5, 1972, Emerg; November 30, 1973, Reg; October 2, 2015, Susp	......do	Do.
North Providence, Town of, Providence County	440020	October 6, 1972, Emerg; December 15, 1977, Reg; October 2, 2015, Susp	......do	Do.
North Smithfield, Town of, Providence County	440021	May 6, 1975, Emerg; August 1, 1978, Reg; October 2, 2015, Susp	......do	Do.
Pawtucket, City of, Providence County	440022	January 15, 1971, Emerg; July 16, 1971, Reg; October 2, 2015, Susp	......do	Do.
Providence, City of, Providence County	445406	September 11, 1970, Emerg; December 11, 1970, Reg; October 2, 2015, Susp	......do	Do.
Scituate, Town of, Providence County	440024	January 13, 1975, Emerg; January 2, 1981, Reg; October 2, 2015, Susp	......do	Do.
Smithfield, Town of, Providence County	440025	December 17, 1971, Emerg; March 1, 1977, Reg; October 2, 2015, Susp	......do	Do.
Warwick, City of, Kent County	445409	June 19, 1970, Emerg; April 6, 1973, Reg; October 2, 2015, Susp	......do	Do.
West Greenwich, Town of, Kent County	440037	October 10, 1975, Emerg; January 3, 1986, Reg; October 2, 2015, Susp	......do	Do.
West Warwick, Town of, Kent County	440007	September 1, 1972, Emerg; February 1, 1978, Reg; October 2, 2015, Susp	......do	Do.
Region III
Maryland:
Carroll County Unincorporated Areas	240015	December 22, 1972, Emerg; August 1, 1978, Reg; October 2, 2015, Susp	......do	Do.
Hampstead, Town of, Carroll County	240090	November 27, 1973, Emerg; January 7, 1983, Reg; October 2, 2015, Susp	......do	Do.
Manchester, Town of, Carroll County	240107	July 27, 2006, Emerg; N/A, Reg; October 2, 2015, Susp	......do	Do.
Mount Airy, Town of, Carroll and Frederick Counties	240200	N/A, Emerg; May 27, 2014, Reg; October 2, 2015, Susp	......do	Do.
New Windsor, Town of, Carroll County	240149	August 5, 1975, Emerg; February 16, 1979, Reg; October 2, 2015, Susp	......do	Do.
Sykesville, Town of, Carroll County	240016	May 1, 1973, Emerg; September 30, 1977, Reg; October 2, 2015, Susp	......do	Do.
Union Bridge, Town of, Carroll County	240017	April 16, 1973, Emerg; August 1, 1977, Reg; October 2, 2015, Susp	......do	Do.
Westminster, City of, Carroll County	240018	June 25, 1973, Emerg; December 1, 1977, Reg; October 2, 2015, Susp	......do	Do.
Region V
Wisconsin:
Prairie du Sac, Village of, Sauk County	550401	September 29, 2000, Emerg; March 7, 2001, Reg; October 2, 2015, Susp	......do	Do.
Reedsburg, City of, Sauk County	550402	May 21, 1975, Emerg; March 4, 1985, Reg; October 2, 2015, Susp	......do	Do.
Sauk City, Village of, Sauk County	550404	May 7, 1975, Emerg; March 7, 2001, Reg; October 2, 2015, Susp	......do	Do.
Sauk County Unincorporated Areas	550391	September 7, 1973, Emerg; September 17, 1980, Reg; October 2, 2015, Susp	......do	Do.
Region VII
Nebraska:
Bloomfield, City of, Knox County	310351	N/A, Emerg; June 18, 2007, Reg; October 2, 2015, Susp	......do	Do.
Crofton, City of, Knox County	310361	July 9, 1976, Emerg; September 1, 1986, Reg; October 2, 2015, Susp	......do	Do.
Knox County Unincorporated Areas	310451	N/A, Emerg; November 14, 2005, Reg; October 2, 2015, Susp	......do	Do.
*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp—Suspnsion.

Dated: August 31, 2015.

Roy E. Wright,

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