[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Rules and Regulations]
[Pages 87467-87470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29033]


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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-8459]


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 https://www.fema.gov/national-flood-insurance-program-community-status-book.

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

[[Page 87468]]

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 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. FEMA has determined that the 
community suspension(s) included in this rule is a non-discretionary 
action and therefore the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) does not apply.
    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
 
Pennsylvania:
    Annin, Township of, McKean        421850  August 7, 1974,     December 22, 2016.....  December 22, 2016.
     County.                                   Emerg; August 1,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Bradford, City of, McKean         420665  April 15, 1974,     ......do *............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Bradford, Township of,            422245  July 2, 1974,       ......do..............   Do.
     McKean County.                            Emerg; September
                                               16, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Ceres, Township of, McKean        421853  August 6, 1974,     ......do..............   Do.
     County.                                   Emerg; September
                                               18, 1987, Reg;
                                               December 22,
                                               2016, Susp.
    Corydon, Township of,             422473  April 23, 1976,     ......do..............   Do.
     McKean County.                            Emerg; March 1,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Eldred, Borough of, McKean        420666  August 1, 1973,     ......do..............   Do.
     County.                                   Emerg; September
                                               3, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Foster, Township of,              421855  July 23, 1974,      ......do..............   Do.
     McKean County.                            Emerg; November
                                               18, 1981, Reg;
                                               December 22,
                                               2016, Susp.

[[Page 87469]]

 
    Hamilton, Township of,            421856  April 29, 1975,     ......do..............   Do.
     McKean County.                            Emerg; March 1,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Hamlin, Township of,              421857  August 1, 1974,     ......do..............   Do.
     McKean County.                            Emerg; March 1,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Lafayette, Township of,           421858  May 23, 1975,       ......do..............   Do.
     McKean County.                            Emerg; June 30,
                                               1976, Reg;
                                               December 22,
                                               2016, Susp.
    Liberty, Township of,             420668  August 24, 1973,    ......do..............   Do.
     McKean County.                            Emerg; September
                                               1, 1977, Reg;
                                               December 22,
                                               2016, Susp.
    Norwich, Township of,             421859  December 19, 1974,  ......do..............   Do.
     McKean County.                            Emerg; July 1,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Otto, Township of, McKean         421860  April 8, 1977,      ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Port Allegany, Borough of,        420671  June 1, 1973,       ......do..............   Do.
     McKean County.                            Emerg; June 15,
                                               1979, Reg;
                                               December 22,
                                               2016, Susp.
    Sergeant, Township of,            422474  August 5, 1975,     ......do..............   Do.
     McKean County.                            Emerg; July 3,
                                               1985, Reg;
                                               December 22,
                                               2016, Susp.
    Smethport, Borough of,            420672  June 29, 1973,      ......do..............   Do.
     McKean County.                            Emerg; April 17,
                                               1978, Reg;
                                               December 22,
                                               2016, Susp.
 
           Region IV
 
Florida:
    Auburndale, City of, Polk         120262  September 26,       ......do..............   Do.
     County.                                   1974, Emerg; May
                                               11, 1979, Reg;
                                               December 22,
                                               2016, Susp.
    Bartow, City of, Polk             120263  June 18, 1975,      ......do..............   Do.
     County.                                   Emerg; December
                                               16, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Davenport, City of, Polk          120410  March 1, 1976,      ......do..............   Do.
     County.                                   Emerg; December
                                               2, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Dundee, Town of, Polk             120409  February 19, 1976,  ......do..............   Do.
     County.                                   Emerg; November
                                               19, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Fort Meade, City of, Polk         120264  June 13, 1975,      ......do..............   Do.
     County.                                   Emerg; November
                                               5, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Frostproof, City of, Polk         120265  May 2, 1975,        ......do..............   Do.
     County.                                   Emerg; May 1,
                                               1980, Reg;
                                               December 22,
                                               2016, Susp.
    Haines City, City of, Polk        120266  May 28, 1975,       ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Lake Alfred, City of, Polk        120667  N/A, Emerg;         ......do..............   Do.
     County.                                   September 24,
                                               2003, Reg;
                                               December 22,
                                               2016, Susp.
    Lake Hamilton, Town of,           120414  March 23, 1976,     ......do..............   Do.
     Polk County.                              Emerg; November
                                               5, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Lake Wales, City of, Polk         120390  November 4, 1982,   ......do..............   Do.
     County.                                   Emerg; March 16,
                                               1988, Reg;
                                               December 22,
                                               2016, Susp.
    Lakeland, City of, Polk           120267  June 26, 1975,      ......do..............   Do.
     County.                                   Emerg; September
                                               16, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Mulberry, City of, Polk           120268  July 19, 1974,      ......do..............   Do.
     County.                                   Emerg; February
                                               4, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Polk City, City of, Polk          120665  N/A, Emerg; March   ......do..............   Do.
     County.                                   22, 2005, Reg;
                                               December 22,
                                               2016, Susp.
    Polk County,                      120261  September 1, 1977,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; January
                                               19, 1983, Reg;
                                               December 22,
                                               2016, Susp.
Tennessee:
    Brentwood, City of,               470205  March 23, 1973,     ......do..............   Do.
     Williamson County.                        Emerg; February
                                               1, 1978, Reg;
                                               December 22,
                                               2016, Susp.
    Cheatham County,                  470026  September 27,       ......do..............   Do.
     Unincorporated Areas.                     1974, Emerg; May
                                               19, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Dickson County,                   470046  June 18, 1982,      ......do..............   Do.
     Unincorporated Areas.                     Emerg; June 15,
                                               1984, Reg;
                                               December 22,
                                               2016, Susp.
    Fairview, City of,                470242  August 18, 1986,    ......do..............   Do.
     Williamson County.                        Emerg; September
                                               1, 1990, Reg;
                                               December 22,
                                               2016, Susp.
    Franklin, City of,                470206  September 25,       ......do..............   Do.
     Williamson County.                        1974, Emerg; July
                                               2, 1980, Reg;
                                               December 22,
                                               2016, Susp.
    Kingston Springs, Town of,        470289  June 11, 1984,      ......do..............   Do.
     Cheatham County.                          Emerg; June 11,
                                               1984, Reg;
                                               December 22,
                                               2016, Susp.
    Pegram, Town of, Cheatham         470291  April 9, 1987,      ......do..............   Do.
     County.                                   Emerg; April 9,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Williamson County,                470204  May 27, 1975,       ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1981, Reg;
                                               December 22,
                                               2016, Susp.
 
          Region VII
 
Kansas:
    Andale, City of, Sedgwick         200322  August 15, 1975,    ......do..............   Do.
     County.                                   Emerg; June 11,
                                               1976, Reg;
                                               December 22,
                                               2016, Susp.

[[Page 87470]]

 
    Bel Aire, City of,                200864  February 15, 1985,  ......do..............   Do.
     Sedgwick County.                          Emerg; March 15,
                                               1987, Reg;
                                               December 22,
                                               2016, Susp.
    Belle Plaine, City of,            200466  July 25, 1975,      ......do..............   Do.
     Sumner County.                            Emerg; July 17,
                                               1978, Reg;
                                               December 22,
                                               2016, Susp.
    Bentley, City of, Sedgwick        200390  N/A, Emerg; August  ......do..............   Do.
     County.                                   12, 2009, Reg;
                                               December 22,
                                               2016, Susp.
    Cheney, City of, Sedgwick         200478  N/A, Emerg;         ......do..............   Do.
     County.                                   November 30,
                                               2005, Reg;
                                               December 22,
                                               2016, Susp.
    Clearwater, City of,              200482  March 29, 1976,     ......do..............   Do.
     Sedgwick County.                          Emerg; August 15,
                                               1980, Reg;
                                               December 22,
                                               2016, Susp.
    Colwich, City of, Sedgwick        200484  January 14, 1976,   ......do..............   Do.
     County.                                   Emerg; July 11,
                                               1978, Reg;
                                               December 22,
                                               2016, Susp.
    Derby, City of, Sedgwick          200323  January 17, 1975,   ......do..............   Do.
     County.                                   Emerg; October
                                               15, 1981, Reg;
                                               December 22,
                                               2016, Susp.
    Garden Plain, City of,            200498  October 28, 1976,   ......do..............   Do.
     Sedgwick County.                          Emerg; September
                                               18, 1985, Reg;
                                               December 22,
                                               2016, Susp.
    Kechi, City of, Sedgwick          200429  August 3, 1979,     ......do..............   Do.
     County.                                   Emerg; August 15,
                                               1980, Reg;
                                               December 22,
                                               2016, Susp.
    Maize, City of, Sedgwick          200520  N/A, Emerg;         ......do..............   Do.
     County.                                   December 24,
                                               2002, Reg;
                                               December 22,
                                               2016, Susp.
    Mount Hope, City of,              200325  August 26, 1975,    ......do..............   Do.
     Sedgwick County.                          Emerg; June 27,
                                               1978, Reg;
                                               December 22,
                                               2016, Susp.
    Park City, City of,               200963  May 28, 1982,       ......do..............   Do.
     Sedgwick County.                          Emerg; November
                                               19, 1986, Reg;
                                               December 22,
                                               2016, Susp.
    Valley Center, City of,           200327  May 29, 1975,       ......do..............   Do.
     Sedgwick County.                          Emerg; January
                                               14, 1977, Reg;
                                               December 22,
                                               2016, Susp.
    Wichita, City of, Sedgwick        200328  March 24, 1972,     ......do..............   Do.
     County.                                   Emerg; May 15,
                                               1986, Reg;
                                               December 22,
                                               2016, Susp.
 
           Region IX
 
Nevada: Carson City, City of,         320001  August 6, 1975,     ......do..............   Do.
 Independent City.                             Emerg; March 4,
                                               1986, Reg;
                                               December 22,
                                               2016, Susp.
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*-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: November 21, 2016.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2016-29033 Filed 12-2-16; 8:45 am]
BILLING CODE 9110-12-P