[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]
 BILLING CODE 9110-12-P