[Federal Register Volume 81, Number 60 (Tuesday, March 29, 2016)]
[Rules and Regulations]
[Pages 17395-17397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06977]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2016-0002; Internal Agency Docket No. FEMA-8427]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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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, (202) 646-4149.

SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase 
Federal flood insurance that is not

[[Page 17396]]

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]

0
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.


Sec.  64.6  [Amended]

0
2. The tables published under the authority of Sec.  64.6 are amended 
as follows:

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                                                 Effective date
                                                 authorization/
                                   Community    cancellation of    Current effective map   Date certain Federal
       State and location             No.         sale offlood             date            assistance no longer
                                                  insurance in                              available in SFHAs
                                                   community
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           Region IV
 
Alabama:
    Ariton, Town of, Dale              010411  N/A, Emerg;        May 2, 2016...........  May 2, 2016
     County.                                    January 30,
                                                2008, Reg; May
                                                2, 2016, Susp.
    Clayhatchee, Town of, Dale         010415  January 6, 1995,   ......do..............   Do.
     County.                                    Emerg; August
                                                16, 2007, Reg;
                                                May 2, 2016,
                                                Susp.
    Coffee County,                     010239  March 27, 1990,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; December
                                                5, 1990, Reg;
                                                May 2, 2016,
                                                Susp.
    Coffee Springs, Town of,           010408  N/A, Emerg;        ......do..............   Do.
     Geneva County.                             November 1,
                                                2010, Reg; May
                                                2, 2016, Susp.
    Dale County, Unincorporated        010060  September 10,      ......do..............   Do.
     Areas.                                     1975, Emerg;
                                                July 4, 1989,
                                                Reg; May 2,
                                                2016, Susp.
    Daleville, City of, Dale           010061  April 11, 1975,    ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                May 2, 2016,
                                                Susp.
    Enterprise, City of, Coffee        010045  February 21,       ......do..............   Do.
     and Dale Counties.                         1975, Emerg;
                                                July 2, 1980,
                                                Reg; May 2,
                                                2016, Susp.
    Geneva, City of, Geneva            010085  March 6, 1975,     ......do..............   Do.
     County.                                    Emerg; July 2,
                                                1980, Reg; May
                                                2, 2016, Susp.

[[Page 17397]]

 
    Geneva County,                     010258  April 17, 1990,    ......do..............   Do.
     Unincorporated Areas.                      Emerg; May 1,
                                                1995, Reg; May
                                                2, 2016, Susp.
    Hartford, City of, Geneva          010086  April 23, 1975,    ......do..............   Do.
     County.                                    Emerg; July 22,
                                                1977, Reg; May
                                                2, 2016, Susp.
    Houston County,                    010098  June 25, 1975,     ......do..............   Do.
     Unincorporated Areas.                      Emerg; September
                                                29, 1989, Reg;
                                                May 2, 2016,
                                                Susp.
    Level Plains, City of, Dale        010416  N/A, Emerg; July   ......do..............   Do.
     County.                                    17, 2003, Reg;
                                                May 2, 2016,
                                                Susp.
    Malvern, Town of, Geneva           010087  September 16,      ......do..............   Do.
     County.                                    1975, Emerg;
                                                February 24,
                                                1978, Reg; May
                                                2, 2016, Susp.
    Midland City, City of, Dale        010248  October 29, 1976,  ......do..............   Do.
     County.                                    Emerg; August 5,
                                                1986, Reg; May
                                                2, 2016, Susp.
    New Brockton, Town of,             010238  January 12, 1976,  ......do..............   Do.
     Coffee County.                             Emerg; July 22,
                                                1977, Reg; May
                                                2, 2016, Susp.
    Newton, Town of, Dale              010419  June 20, 1990,     ......do..............   Do.
     County.                                    Emerg; July 5,
                                                1993, Reg; May
                                                2, 2016, Susp.
    Ozark, City of, Dale County        010062  April 17, 1975,    ......do..............   Do.
                                                Emerg; August 5,
                                                1985, Reg; May
                                                2, 2016, Susp.
    Pinckard, Town of, Dale            010249  December 8, 1976,  ......do..............   Do.
     County.                                    Emerg; September
                                                4, 1985, Reg;
                                                May 2, 2016,
                                                Susp.
    Samson, City of, Geneva            010088  May 5, 1975,       ......do..............   Do.
     County.                                    Emerg; June 17,
                                                1977, Reg; May
                                                2, 2016, Susp.
    Slocomb, City of, Geneva           010089  May 21, 1975,      ......do..............   Do.
     County.                                    Emerg; December
                                                16, 1977, Reg;
                                                May 2, 2016,
                                                Susp.
 
           Region VI
 
New Mexico:
    Magdalena, Village of,             350076  November 15,       ......do..............   Do.
     Socorro County.                            2007, Emerg; N/
                                                A, Reg; May 2,
                                                2016, Susp.
    Socorro, City of, Socorro          350077  February 27,       ......do..............   Do.
     County.                                    1975, Emerg; May
                                                17, 1988, Reg;
                                                May 2, 2016,
                                                Susp.
    Socorro County,                    350075  N/A, Emerg;        ......do..............   Do.
     Unincorporated Areas.                      August 28, 2008,
                                                Reg; May 2,
                                                2016, Susp.
 
           Region VII
 
Iowa:
    Audubon, City of, Audubon          190011  September 4,       ......do..............   Do.
     County.                                    1974, Emerg;
                                                August 15, 1979,
                                                Reg; May 2,
                                                2016, Susp.
    Brayton, City of, Audubon          190920  June 9, 1975,      ......do..............   Do.
     County.                                    Emerg; August
                                                19, 1985, Reg;
                                                May 2, 2016,
                                                Susp.
    Exira, City of, Audubon            190013  July 25, 1975,     ......do..............   Do.
     County.                                    Emerg; September
                                                18, 1985, Reg;
                                                May 2, 2016,
                                                Susp.
    Grant, City of, Montgomery         190466  May 5, 2008,       ......do..............   Do.
     County.                                    Emerg; May 1,
                                                2011, Reg; May
                                                2, 2016, Susp.
    Gray, City of, Audubon             190318  January 10, 1997,  ......do..............   Do.
     County.                                    Emerg; September
                                                4, 2003, Reg;
                                                May 2, 2016,
                                                Susp.
    Kimballton, City of,               190014  April 8, 1975,     ......do..............   Do.
     Audubon County.                            Emerg; September
                                                1, 1986, Reg;
                                                May 2, 2016,
                                                Susp.
    Red Oak, City of,                  190210  August 22, 1974,   ......do..............   Do.
     Montgomery County.                         Emerg; August 3,
                                                1981, Reg; May
                                                2, 2016, Susp.
    Villisica, City of,                190468  October 31, 2000,  ......do..............   Do.
     Montgomery County.                         Emerg; May 1,
                                                2011, Reg; May
                                                2, 2016, Susp.
Nebraska: Gage County,                 310088  July 27, 1984,     ......do..............   Do.
 Unincorporated Areas.                          Emerg; May 1,
                                                1990, Reg; May
                                                2, 2016, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: March 16, 2016.
Roy E. Wright,
Deputy Associate Administrator, Federal Insurance and Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2016-06977 Filed 3-28-16; 8:45 am]
 BILLING CODE 9110-12-P