# Suspension of Community Eligibility

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URL: https://www.frixlaw.com/law-library/documents/fr%3A2016-29033

## Record

- **Collection:** Federal Register
- **Document type:** Rule
- **Published:** December 5, 2016
- **Citation:** 81 FR 87467

## Text

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.

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 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]

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.

§ 64.6
[Amended]

2. The tables published under the authority of § 64.6 are amended as follows:

State and location
Community No.

Effective date authorization/cancellation of
sale of flood insurance in community

Current effective
map date

Date certain
Federal
assistance no
longer available in SFHAs

Region III

Pennsylvania:

Annin, Township of, McKean County
421850
August 7, 1974, Emerg; August 1, 1987, Reg; December 22, 2016, Susp.
December 22, 2016
December 22, 2016.

Bradford, City of, McKean County
420665
April 15, 1974, Emerg; September 16, 1981, Reg; December 22, 2016, Susp.
......do *
Do.

Bradford, Township of, McKean County
422245
July 2, 1974, Emerg; September 16, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Ceres, Township of, McKean County
421853
August 6, 1974, Emerg; September 18, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Corydon, Township of, McKean County
422473
April 23, 1976, Emerg; March 1, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Eldred, Borough of, McKean County
420666
August 1, 1973, Emerg; September 3, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Foster, Township of, McKean County
421855
July 23, 1974, Emerg; November 18, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Hamilton, Township of, McKean County
421856
April 29, 1975, Emerg; March 1, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Hamlin, Township of, McKean County
421857
August 1, 1974, Emerg; March 1, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Lafayette, Township of, McKean County
421858
May 23, 1975, Emerg; June 30, 1976, Reg; December 22, 2016, Susp.
......do
Do.

Liberty, Township of, McKean County
420668
August 24, 1973, Emerg; September 1, 1977, Reg; December 22, 2016, Susp.
......do
Do.

Norwich, Township of, McKean County
421859
December 19, 1974, Emerg; July 1, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Otto, Township of, McKean County
421860
April 8, 1977, Emerg; June 1, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Port Allegany, Borough of, McKean County
420671
June 1, 1973, Emerg; June 15, 1979, Reg; December 22, 2016, Susp.
......do
Do.

Sergeant, Township of, McKean County
422474
August 5, 1975, Emerg; July 3, 1985, Reg; December 22, 2016, Susp.
......do
Do.

Smethport, Borough of, McKean County
420672
June 29, 1973, Emerg; April 17, 1978, Reg; December 22, 2016, Susp.
......do
Do.

Region IV

Florida:

Auburndale, City of, Polk County
120262
September 26, 1974, Emerg; May 11, 1979, Reg; December 22, 2016, Susp.
......do
Do.

Bartow, City of, Polk County
120263
June 18, 1975, Emerg; December 16, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Davenport, City of, Polk County
120410
March 1, 1976, Emerg; December 2, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Dundee, Town of, Polk County
120409
February 19, 1976, Emerg; November 19, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Fort Meade, City of, Polk County
120264
June 13, 1975, Emerg; November 5, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Frostproof, City of, Polk County
120265
May 2, 1975, Emerg; May 1, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Haines City, City of, Polk County
120266
May 28, 1975, Emerg; September 16, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Lake Alfred, City of, Polk County
120667
N/A, Emerg; September 24, 2003, Reg; December 22, 2016, Susp.
......do
Do.

Lake Hamilton, Town of, Polk County
120414
March 23, 1976, Emerg; November 5, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Lake Wales, City of, Polk County
120390
November 4, 1982, Emerg; March 16, 1988, Reg; December 22, 2016, Susp.
......do
Do.

Lakeland, City of, Polk County
120267
June 26, 1975, Emerg; September 16, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Mulberry, City of, Polk County
120268
July 19, 1974, Emerg; February 4, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Polk City, City of, Polk County
120665
N/A, Emerg; March 22, 2005, Reg; December 22, 2016, Susp.
......do
Do.

Polk County, Unincorporated Areas
120261
September 1, 1977, Emerg; January 19, 1983, Reg; December 22, 2016, Susp.
......do
Do.

Tennessee:

Brentwood, City of, Williamson County
470205
March 23, 1973, Emerg; February 1, 1978, Reg; December 22, 2016, Susp.
......do
Do.

Cheatham County, Unincorporated Areas
470026
September 27, 1974, Emerg; May 19, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Dickson County, Unincorporated Areas
470046
June 18, 1982, Emerg; June 15, 1984, Reg; December 22, 2016, Susp.
......do
Do.

Fairview, City of, Williamson County
470242
August 18, 1986, Emerg; September 1, 1990, Reg; December 22, 2016, Susp.
......do
Do.

Franklin, City of, Williamson County
470206
September 25, 1974, Emerg; July 2, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Kingston Springs, Town of, Cheatham County
470289
June 11, 1984, Emerg; June 11, 1984, Reg; December 22, 2016, Susp.
......do
Do.

Pegram, Town of, Cheatham County
470291
April 9, 1987, Emerg; April 9, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Williamson County, Unincorporated Areas
470204
May 27, 1975, Emerg; April 1, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Region VII

Kansas:

Andale, City of, Sedgwick County
200322
August 15, 1975, Emerg; June 11, 1976, Reg; December 22, 2016, Susp.
......do
Do.

Bel Aire, City of, Sedgwick County
200864
February 15, 1985, Emerg; March 15, 1987, Reg; December 22, 2016, Susp.
......do
Do.

Belle Plaine, City of, Sumner County
200466
July 25, 1975, Emerg; July 17, 1978, Reg; December 22, 2016, Susp.
......do
Do.

Bentley, City of, Sedgwick County
200390
N/A, Emerg; August 12, 2009, Reg; December 22, 2016, Susp.
......do
Do.

Cheney, City of, Sedgwick County
200478
N/A, Emerg; November 30, 2005, Reg; December 22, 2016, Susp.
......do
Do.

Clearwater, City of, Sedgwick County
200482
March 29, 1976, Emerg; August 15, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Colwich, City of, Sedgwick County
200484
January 14, 1976, Emerg; July 11, 1978, Reg; December 22, 2016, Susp.
......do
Do.

Derby, City of, Sedgwick County
200323
January 17, 1975, Emerg; October 15, 1981, Reg; December 22, 2016, Susp.
......do
Do.

Garden Plain, City of, Sedgwick County
200498
October 28, 1976, Emerg; September 18, 1985, Reg; December 22, 2016, Susp.
......do
Do.

Kechi, City of, Sedgwick County
200429
August 3, 1979, Emerg; August 15, 1980, Reg; December 22, 2016, Susp.
......do
Do.

Maize, City of, Sedgwick County
200520
N/A, Emerg; December 24, 2002, Reg; December 22, 2016, Susp.
......do
Do.

Mount Hope, City of, Sedgwick County
200325
August 26, 1975, Emerg; June 27, 1978, Reg; December 22, 2016, Susp.
......do
Do.

Park City, City of, Sedgwick County
200963
May 28, 1982, Emerg; November 19, 1986, Reg; December 22, 2016, Susp.
......do
Do.

Valley Center, City of, Sedgwick County
200327
May 29, 1975, Emerg; January 14, 1977, Reg; December 22, 2016, Susp.
......do
Do.

Wichita, City of, Sedgwick County
200328
March 24, 1972, Emerg; May 15, 1986, Reg; December 22, 2016, Susp.
......do
Do.

Region IX

Nevada: Carson City, City of, Independent City
320001
August 6, 1975, Emerg; March 4, 1986, Reg; December 22, 2016, Susp.
......do
Do.

*-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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2016-29033. Public record. Not legal advice.