2016-05986. 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
Maryland:
Aberdeen, City of, Harford County	240041	May 22, 1974, Emerg; July 16, 1981, Reg; April 19, 2016, Susp.	April 19, 2016	April 19, 2016.
Bel Air, Town of, Harford County	240042	January 17, 1974, Emerg; September 16, 1981, Reg; April 19, 2016, Susp.	......do *	Do.
Harford County, Unincorporated Areas	240040	May 5, 1972, Emerg; March 2, 1983, Reg; April 19, 2016, Susp.	......do	Do.
Havre de Grace, City of, Harford County	240043	February 26, 1975, Emerg; March 15, 1977, Reg; April 19, 2016, Susp.	......do	Do.
Region V
Indiana:
Beech Grove, City of, Marion County	180158	October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp.	......do	Do.
Indianapolis, City of, Marion County	180159	October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp.	......do	Do.
Lawrence, City of, Marion County	180160	October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp.	......do	Do.
Southport, City of, Marion County	180161	October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp.	......do	Do.
Speedway, Town of, Marion County	180162	October 29, 1971, Emerg; May 15, 1984, Reg; April 19, 2016, Susp.	......do	Do.
Michigan:
Chocolay, Charter Township of, Marquette County	260448	October 29, 1976, Emerg; May 4, 1987, Reg; April 19, 2016, Susp.	......do	Do.
Ely, Township of, Marquette County	260449	November 9, 1981, Emerg; September 1, 1988, Reg; April 19, 2016, Susp.	......do	Do.
Marquette, Charter Township of, Marquette County	260758	April 7, 1986, Emerg; December 18, 1986, Reg; April 19, 2016, Susp.	......do	Do.
Marquette, City of, Marquette County	260716	April 13, 1987, Emerg; September 30, 1988, Reg; April 19, 2016, Susp.	......do	Do.
Powell, Township of, Marquette County	260452	N/A, Emerg; May 4, 2006, Reg; April 19, 2016, Susp.	......do	Do.
Skandia, Township of, Marquette County	260987	March 26, 1997, Emerg; N/A, Reg; April 19, 2016, Susp.	......do	Do.
West Branch, Township of, Marquette County	260993	June 11, 1997, Emerg; N/A, Reg; April 19, 2016, Susp.	......do	Do.
Ohio: Akron, City of, Summit County	390523	February 18, 1975, Emerg; February 18, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Barberton, City of, Summit County	390524	September 13, 1974, Emerg; January 16, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Boston Heights, Village of, Summit County	390749	November 16, 1976, Emerg; February 18, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Clinton, Village of, Summit County	390525	June 9, 1975, Emerg; July 2, 1980, Reg; April 19, 2016, Susp.	......do	Do.
Cuyahoga Falls, City of, Summit County	390526	February 27, 1975, Emerg; February 18, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Fairlawn, City of, Summit County	390657	December 29, 1975, Emerg; January 16, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Green, City of, Summit County	390927	N/A, Emerg; May 29, 2002, Reg; April 19, 2016, Susp.	......do	Do.
Hudson, City of, Summit County	390660	May 19, 1975, Emerg; September 30, 1980, Reg; April 19, 2016, Susp.	......do	Do.
Lakemore, Village of, Summit County	390527	August 8, 1975, Emerg; May 25, 1978, Reg; April 19, 2016, Susp.	......do	Do.
Macedonia, City of, Summit County	390750	November 11, 1976, Emerg; February 4, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Mogadore, Village of, Portage and Summit Counties	390528	June 11, 1975, Emerg; September 3, 1979, Reg; April 19, 2016, Susp.	......do	Do.
Munroe Falls, City of, Summit County	390843	October 26, 1988, Emerg; May 16, 1994, Reg; April 19, 2016, Susp.	......do	Do.
New Franklin, City of, Summit County	390993	N/A, Emerg; November 14, 2008, Reg; April 19, 2016, Susp.	......do	Do.
Norton, City of, Summit County	390529	July 2, 1975, Emerg; January 16, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Peninsula, Village of, Summit County	390530	June 25, 1975, Emerg; March 2, 1979, Reg; April 19, 2016, Susp.	......do	Do.
Reminderville, Village of, Summit County	390855	July 9, 1980, Emerg; May 17, 1990, Reg; April 19, 2016, Susp.	......do	Do.
Richfield, Village of, Summit County	390083	N/A, Emerg; December 7, 2009, Reg; April 19, 2016, Susp.	......do	Do.
Silver Lake, Village of, Summit County	390531	June 4, 1975, Emerg; March 16, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Stow, City of, Summit County	390532	November 12, 1973, Emerg; July 17, 1978, Reg; April 19, 2016, Susp.	......do	Do.
Summit County, Unincorporated Areas	390781	November 21, 1975, Emerg; April 15, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Tallmadge, City of, Summit County	390533	June 9, 1975, Emerg; April 15, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Twinsburg, City of, Summit County	390534	September 18, 1973, Emerg; February 4, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Region VII
Iowa:
Churdan, City of, Greene County	190395	December 27, 1993, Emerg; November 7, 2001, Reg; April 19, 2016, Susp.	......do	Do.
Farnhamville, City of, Calhoun County	190730	September 18, 1990, Emerg; July 1, 1991, Reg; April 19, 2016, Susp.	......do	Do.
Greene County, Unincorporated Areas.	190869	January 27, 1994, Emerg; September 1, 1996, Reg; April 19, 2016, Susp.	......do	Do.
Jefferson, City of, Greene County	190396	December 23, 1976, Emerg; September 1, 1986, Reg; April 19, 2016, Susp.	......do	Do.
Knierim, City of, Calhoun County	190339	September 21, 1976, Emerg; May 1, 1987, Reg; April 19, 2016, Susp.	......do	Do.
Lohrville, City of, Calhoun County	190609	November 12, 1976, Emerg; April 15, 1985, Reg; April 19, 2016, Susp.	......do	Do.
Paton, City of, Greene County	190397	May 23, 1990, Emerg; September 1, 1996, Reg; April 19, 2016, Susp.	......do	Do.
Rippey, City of, Greene County	190399	November 6, 1975, Emerg; April 15, 1985, Reg; April 19, 2016, Susp.	......do	Do.
Rockwell City, City of, Calhoun County	190343	December 5, 1980, Emerg; February 1, 1987, Reg; April 19, 2016, Susp.	......do	Do.
Somers, City of, Calhoun County	190344	March 11, 1994, Emerg; September 1, 1996, Reg; April 19, 2016, Susp.	......do	Do.
Region VIII
Colorado:
Lamar, City of, Prowers County	080146	April 8, 1975, Emerg; November 17, 1982, Reg; April 19, 2016, Susp.	......do	Do.
Prowers County, Unincorporated Areas.	080272	June 30, 1975, Emerg; July 1, 1986, Reg; April 19, 2016, Susp.	......do	Do.
Wiley, Town of, Prowers County	080228	August 3, 1995, Emerg; October 6, 2000, Reg; April 19, 2016, Susp.	......do	Do.
Montana: Drummond, Town of, Granite County	300033	August 4, 1977, Emerg; July 5, 1982, Reg; April 19, 2016, Susp.	......do	Do.
Granite County, Unincorporated Areas.	300141	October 8, 1976, Emerg; July 5, 1982, Reg; April 19, 2016, Susp.	......do	Do.
Philipsburg, Town of, Granite County	300117	April 29, 1976, Emerg; July 5, 1982, Reg; April 19, 2016, Susp.	......do	Do.
North Dakota:
Cavalier, City of, Pembina County	380081	June 18, 1975, Emerg; July 2, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Cavalier, Township of, Pembina County	380274	July 20, 1981, Emerg; July 20, 1981, Reg; April 19, 2016, Susp.	......do	Do.
Drayton, City of, Pembina County	380150	April 23, 1974, Emerg; August 1, 1980, Reg; April 19, 2016, Susp.	......do	Do.
Drayton, Township of, Pembina County	380276	October 6, 1982, Emerg; May 1, 1986, Reg; April 19, 2016, Susp.	......do	Do.
Joliette, Township of, Pembina County	380281	January 6, 1983, Emerg; May 1, 1986, Reg; April 19, 2016, Susp.	......do	Do.
Pembina, City of, Pembina County	385368	June 12, 1970, Emerg; November 2, 1977, Reg; April 19, 2016, Susp.	......do	Do.
Pembina County, Unincorporated Areas.	380079	May 1, 1974, Emerg; November 19, 1987, Reg; April 19, 2016, Susp.	......do	Do.
* -do- =Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.

Dated: March 2, 2016.

Roy E. Wright,

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