[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Rules and Regulations]
[Pages 14828-14831]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05747]


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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-8471]


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 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

[[Page 14829]]

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 II
 
New York:
    Butternut, Town of, Otsego        361247  May 13, 1977,       March 21, 2017........  March 21, 2017
     County.                                   Emerg; October
                                               21, 1983, Reg;
                                               March 21, 2017,
                                               Susp.
    Decatur, Town of, Otsego          361417  February 4, 1976,   * ......do............   Do.
     County.                                   Emerg; June 18,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Edmeston, Town of, Otsego         361270  September 30,       ......do..............   Do.
     County.                                   1975, Emerg; June
                                               1, 1987 Reg;
                                               March 21, 2017,
                                               Susp.
    Exeter, Town of, Otsego           361418  May 13, 1977,       ......do..............   Do.
     County.                                   Emerg; November
                                               18, 1983 Reg;
                                               March 21, 2017,
                                               Susp.
    Hartwick, Town of, Otsego         361271  May 13, 1977,       ......do..............   Do.
     County.                                   Emerg; November
                                               4, 1983 Reg;
                                               March 21, 2017,
                                               Susp.
    Milford, Town of, Otsego          361274  January 16, 1976,   ......do..............   Do.
     County.                                   Emerg; May 19,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Oneonta, City of, Otsego          360667  February 2, 1973,   ......do..............   Do.
     County.                                   Emerg; September
                                               29, 1978 Reg;
                                               March 21, 2017,
                                               Susp.
    Otego, Town of, Otsego            361284  September 19,       ......do..............   Do.
     County.                                   1977, Emerg;
                                               February 4, 1987
                                               Reg; March 21,
                                               2017, Susp.
    Pittsfield, Town of,              361277  May 13, 1977,       ......do..............   Do.
     Otsego County.                            Emerg; November
                                               4, 1983 Reg;
                                               March 21, 2017,
                                               Susp.

[[Page 14830]]

 
    Springfield, Town of,             361280  May 5, 1976,        ......do..............   Do.
     Otsego County.                            Emerg; June 1,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Unadilla, Town of, Otsego         361281  January 2, 1976,    ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1987 Reg;
                                               March 21, 2017,
                                               Susp.
    Worcester, Town of, Otsego        361283  January 26, 1977,   ......do..............   Do.
     County.                                   Emerg; June 1,
                                               1988 Reg; March
                                               21, 2017, Susp.
          Region III
 
Pennsylvania:
    Brokenstraw, Township of,         422115  December 15, 1972,  ......do..............   Do.
     Warren County.                            Emerg; July 17,
                                               1978 Reg; March
                                               21, 2017, Susp.
    Buckingham, Township of,          420985  January 15, 1974,   ......do..............   Do.
     Bucks County.                             Emerg; March 15,
                                               1979 Reg; March
                                               21, 2017, Susp.
    Centre, Township of Berks         421056  October 4, 1977,    ......do..............   Do.
     County.                                   Emerg; December
                                               16, 1980 Reg;
                                               March 21, 2017,
                                               Susp.
    Chalfont, Borough of,             420184  February 25, 1972,  ......do..............   Do.
     Bucks County.                             Emerg; December
                                               28, 1976 Reg;
                                               March 21, 2017,
                                               Susp.
    Doylestown, Borough of,           421410  February 17, 1977,  ......do..............   Do.
     Bucks County.                             Emerg; June 1,
                                               1984 Reg; March
                                               21, 2017, Susp.
    Doylestown, Township of,          420185  December 22, 1972,  ......do..............   Do.
     Bucks County.                             Emerg; September
                                               29, 1978 Reg;
                                               March 21, 2017,
                                               Susp.
    Falls, Township of, Bucks         420188  July 21, 1972,      ......do..............   Do.
     County.                                   Emerg; September
                                               30, 1980 Reg;
                                               March 21, 2017,
                                               Susp.
    Farmington, Township of,          422120  May 18, 1977,       ......do..............   Do.
     Warren County.                            Emerg; May 15,
                                               1985 Reg; March
                                               21, 2017, Susp.
    Freehold, Township of,            422121  May 3, 1979,        ......do..............   Do.
     Warren County.                            Emerg; August 5,
                                               1985 Reg; March
                                               21, 2017, Susp.
    Heidelberg, Township of,          421069  March 7, 1977,      ......do..............   Do.
     Berks County.                             Emerg; May 3,
                                               1990 Reg; March
                                               21, 2017, Susp.
    Limestone, Township of,           422547  February 28, 1977,  ......do..............   Do.
     Warren County.                            Emerg; June 1,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Lower Heidelberg, Township        421077  July 18, 1975,      ......do..............   Do.
     of, Berks County.                         Emerg; August 16,
                                               1982 Reg; March
                                               21, 2017, Susp.
    Lower Southampton,                420192  September 15,       ......do..............   Do.
     Township of, Bucks County.                1972, Emerg;
                                               March 15, 1977
                                               Reg; March 21,
                                               2017, Susp.
    Mead, Township of, Warren         422123  October 3, 1975,    ......do..............   Do.
     County.                                   Emerg; November
                                               4, 1988 Reg;
                                               March 21, 2017,
                                               Susp.
    Middletown, Township of,          420193  October 6, 1972,    ......do..............   Do.
     Bucks County.                             Emerg; December
                                               4, 1979 Reg;
                                               March 21, 2017,
                                               Susp.
    New Britain, Borough of,          420986  December 6, 1973,   ......do..............   Do.
     Bucks County.                             Emerg; April 2,
                                               1979 Reg; March
                                               21, 2017, Susp.
    Newtown, Township of,             421084  March 16, 1976,     ......do..............   Do.
     Bucks County.                             Emerg; December
                                               18, 1979 Reg;
                                               March 21, 2017,
                                               Susp.
    North Heidelberg, Township        421086  December 23, 1976,  ......do..............   Do.
     of, Berks County.                         Emerg; March 18,
                                               1983 Reg; March
                                               21, 2017, Susp.
    Pittsfield, Township of,          422125  February 18, 1976,  ......do..............   Do.
     Warren County.                            Emerg; August 1,
                                               1987 Reg; March
                                               21, 2017, Susp.
    Sheffield, Township of,           422126  June 1, 1976,       ......do..............   Do.
     Warren County.                            Emerg; December
                                               1, 1986 Reg;
                                               March 21, 2017,
                                               Susp.
    Triumph, Township of,             422550  October 19, 1979,   ......do..............   Do.
     Warren County.                            Emerg; February
                                               15, 1985 Reg;
                                               March 21, 2017,
                                               Susp.
    Upper Bern, Township of,          421118  May 8, 1979,        ......do..............   Do.
     Berks County.                             Emerg; November
                                               5, 1982 Reg;
                                               March 21, 2017,
                                               Susp.
    Upper Makefield, Township         420207  December 3, 1971,   ......do..............   Do.
     of, Bucks County.                         Emerg; October
                                               17, 1978 Reg;
                                               March 21, 2017,
                                               Susp.
    Watson, Township of,              422551  February 28, 1977,  ......do..............   Do.
     Warren County.                            Emerg; May 1,
                                               1985 Reg; March
                                               21, 2017, Susp.
           Region IV
 
Mississippi:
    Benoit, Town of, Bolivar,         280013  April 1, 1975,      ......do..............   Do.
     Bolivar County.                           Emerg; September
                                               4, 1985, Reg;
                                               March 21, 2017,
                                               Susp.
    Bolivar County,                   280011  May 4, 1973,        ......do..............   Do.
     Unincorporated Areas..                    Emerg; July 17,
                                               1989, Reg; March
                                               21, 2017, Susp.
    Cleveland, City of,               280016  May 18, 1973,       ......do..............   Do.
     Bolivar County.                           Emerg; September
                                               1, 1978, Reg;
                                               March 21, 2017,
                                               Susp.
    Renova, Town of, Bolivar          280065  July10, 2012,       ......do..............   Do.
     County.                                   Emerg; N/A, Reg;
                                               March 21, 2017,
                                               Susp.
    Shaw City of Bolivar              280023  April 1, 1974,      ......do..............   Do.
     County.                                   Emerg; June 3,
                                               1986, Reg; March
                                               21, 2017, Susp.

[[Page 14831]]

 
    Shelby, City of, Bolivar          280024  May 4, 1973;        ......do..............   Do.
     County.                                   September 27,
                                               1985; Reg; March
                                               21, 2017, Susp.
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* ......do, Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.


    Dated: March 15, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2017-05747 Filed 3-22-17; 8:45 am]
 BILLING CODE 9110-12-P