[Federal Register Volume 81, Number 189 (Thursday, September 29, 2016)]
[Rules and Regulations]
[Pages 66829-66830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23459]


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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-9999]


Suspension of Community Eligibility

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Final rule.

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SUMMARY: This rule identifies a community where the sale of flood 
insurance has been authorized under the National Flood Insurance 
Program (NFIP) that is scheduled for suspension on the effective date 
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/national-flood-program-community-status-book.

DATES: The effective date of the 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

[[Page 66830]]

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 community listed in this document no longer meet that 
statutory requirement for compliance with program regulations, 44 CFR 
part 59. Accordingly, the community 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 this community 
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. This community 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 published a Flood Insurance Rate Map (FIRM) that 
identifies the Special Flood Hazard Areas (SFHAs) in this community. 
The date of the FIRM 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 community 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 the community listed in this final rule has been 
adequately notified. In accordance with 44 CFR 59.24(d), the community 
received a 30-day notification letter 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 per the requirements of FEMA Instruction 108-1-1 and DHS 
Instruction 023-01-001-01. 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 community listed no 
longer comply with the statutory requirements, and after the effective 
date, flood insurance will no longer be available in the community 
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]

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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]

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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 SHFAs
                                                 community
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          Region III
 
Virginia: Louisa County,             510092  March 1, 1972;    November 5, 1997........  October 31, 2016.
 Unincorporated Areas.                        Emergency; June
                                              1, 1989; Reg;
                                              October 31,
                                              2016; Susp.
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(Catalog of Federal Domestic Assistance No. 83.100, ``Flood 
Insurance.'')

    Dated: September 16, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance Mitigation 
Administration, Department of Homeland Security, Federal Emergency 
Management Agency.
[FR Doc. 2016-23459 Filed 9-28-16; 8:45 am]
 BILLING CODE 9110-12-P