[Federal Register Volume 81, Number 151 (Friday, August 5, 2016)]
[Rules and Regulations]
[Pages 51808-51810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18431]
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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-8443]
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: Effective 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, (202) 646-4149.
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
[[Page 51809]]
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 of flood date assistance no longer
insurance in available in SFHAs
community
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Region III
West Virginia:
Ceredo, Town of, Wayne 540232 September 25, September 2, 2016..... September 2, 2016.
County. 1975, Emerg; May
17, 1989, Reg;
September 2,
2016, Susp.
Fort Gay, Town of, Wayne 540202 April 29, 1975, *......do............. Do.
County. Emerg; January
3, 1979, Reg;
September 2,
2016, Susp.
Kenova, City of, Wayne 540221 April 9, 1975, ......do.............. Do.
County. Emerg; May 17,
1989, Reg;
September 2,
2016, Susp.
Wayne County, 540200 October 31, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1987, Reg;
September 2,
2016, Susp.
Region IX
California:
Adelanto, City of, San 060639 September 21, ......do.............. Do.
Bernardino County. 1979, Emerg;
April 15, 1980,
Reg; September
2, 2016, Susp.
Apple Valley, Town of, San 060752 N/A, Emerg; June ......do.............. Do.
Bernardino County. 16, 1995, Reg;
September 2,
2016, Susp.
Barstow, City of, San 060271 May 24, 1979, ......do.............. Do.
Bernardino County. Emerg; February
1, 1980, Reg;
September 2,
2016, Susp.
Colton, City of, San 060273 January 15, 1974, ......do.............. Do.
Bernardino County. Emerg; September
17, 1980, Reg;
September 2,
2016, Susp.
[[Page 51810]]
Fontana, City of, San 060274 March 19, 1971, ......do.............. Do.
Bernardino County. Emerg; June 4,
1987, Reg;
September 2,
2016, Susp.
Grand Terrace, City of, San 060737 N/A, Emerg; ......do.............. Do.
Bernardino County. January 15,
2016, Reg;
September 2,
2016, Susp.
Hesperia, City of, San 060733 N/A, Emerg; ......do.............. Do.
Bernardino County. October 19,
1989, Reg;
September 2,
2016, Susp.
Highland, City of, San 060732 N/A, Emerg; ......do.............. Do.
Bernardino County. October 19,
1989, Reg;
September 2,
2016, Susp.
Loma Linda, City of, San 065042 March 19, 1971, ......do.............. Do.
Bernardino County. Emerg; July 16,
1987, Reg;
September 2,
2016, Susp.
Needles, City of, San 060277 March 5, 1975, ......do.............. Do.
Bernardino County. Emerg; July 16,
1979, Reg;
September 2,
2016, Susp.
Ontario, City of, San 060278 June 27, 1975, ......do.............. Do.
Bernardino County. Emerg; December
2, 1980, Reg;
September 2,
2016, Susp.
Rancho Cucamonga, City of, 060671 August 7, 1978, ......do.............. Do.
San Bernardino County. Emerg; September
5, 1984, Reg;
September 2,
2016, Susp.
Redlands, City of, San 060279 April 12, 1974, ......do.............. Do.
Bernardino County. Emerg; January
3, 1979, Reg;
September 2,
2016, Susp.
Rialto, City of, San 060280 December 17, ......do.............. Do.
Bernardino County. 1973, Emerg;
February 12,
1979, Reg;
September 2,
2016, Susp.
San Bernardino, City of, 060281 December 31, ......do.............. Do.
San Bernardino County. 1970, Emerg;
July 16, 1979,
Reg; September
2, 2016, Susp.
San Bernardino County, 060270 January 29, 1971, ......do.............. Do.
Unincorporated Areas. Emerg; September
29, 1978, Reg;
September 2,
2016, Susp.
Upland, City of, San 065067 December 31, ......do.............. Do.
Bernardino County. 1970, Emerg;
December 23,
1981, Reg;
September 2,
2016, Susp.
Victorville, City of, San 065068 June 11, 1971, ......do.............. Do.
Bernardino County. Emerg; September
21, 1973, Reg;
September 2,
2016, Susp.
Yucca Valley, Town of, San 060750 N/A, Emerg; March ......do.............. Do.
Bernardino County. 31, 1993, Reg;
September 2,
2016, Susp.
Region X
Washington:
Lacey, City of, Thurston 530190 May 7, 1975, ......do.............. Do.
County. Emerg; July 16,
1980, Reg;
September 2,
2016, Susp.
Olympia, City of, Thurston 530191 October 3, 1974, ......do.............. Do.
County. Emerg; February
17, 1982, Reg;
September 2,
2016, Susp.
Rainier, City of, Thurston 530260 N/A, Emerg; March ......do.............. Do.
County. 29, 1999, Reg;
September 2,
2016, Susp.
Thurston County, 530188 September 13, ......do.............. Do.
Unincorporated Areas. 1974, Emerg;
December 1,
1982, Reg;
September 2,
2016, Susp.
Tumwater, City of, Thurston 530192 December 18, ......do.............. Do.
County. 1974, Emerg;
August 1, 1980,
Reg; September
2, 2016, Susp.
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*do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: July 25, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration, Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2016-18431 Filed 8-4-16; 8:45 am]
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