[Federal Register Volume 83, Number 2 (Wednesday, January 3, 2018)]
[Rules and Regulations]
[Pages 252-254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28429]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-8513]


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 Adrienne L. Sheldon, PE, CFM, Federal 
Insurance and Mitigation Administration, Federal Emergency Management 
Agency, 400 C Street SW, Washington, DC 20472, (202) 212-3966.

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

[[Page 253]]

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:
    Amsterdam, City of,               360440  May 19, 1975,       January 19, 2018......  January 19, 2018.
     Montgomery County.                        Emerg; July 16,
                                               1984, Reg;
                                               January 19, 2018,
                                               Susp.
    Amsterdam, Town of,               360441  July 16, 1975,      ......do*.............   Do.
     Montgomery County.                        Emerg; December
                                               1, 1987, Reg;
                                               January 19, 2018,
                                               Susp.
    Canajoharie, Town of,             360442  June 13, 1975,      ......do..............   Do.
     Montgomery County.                        Emerg; January 6,
                                               1983, Reg;
                                               January 19, 2018,
                                               Susp.
    Canajoharie, Village of,          360443  July 26, 1974,      ......do..............   Do.
     Montgomery County.                        Emerg; November
                                               3, 1982, Reg;
                                               January 19, 2018,
                                               Susp.
    Florida, Town of,                 360445  July 22, 1975,      ......do..............   Do.
     Montgomery County.                        Emerg; December
                                               1, 1987, Reg;
                                               January 19, 2018,
                                               Susp.
    Fort Johnson, Village of,         360447  July 22, 1975,      ......do..............   Do.
     Montgomery County.                        Emerg; January
                                               19, 1983, Reg;
                                               January 19, 2018,
                                               Susp.
    Fultonville, Village of,          360449  January 17, 1975,   ......do..............   Do.
     Montgomery County.                        Emerg; October
                                               15, 1982, Reg;
                                               January 19, 2018,
                                               Susp.
    Glen, Town of, Montgomery         361295  February 10, 1977,  ......do..............   Do.
     County..                                  Emerg; February
                                               19, 1986, Reg;
                                               January 19, 2018,
                                               Susp.
    Hagaman, Village of,              360450  June 18, 1975,      ......do..............   Do.
     Montgomery County.                        Emerg; March 18,
                                               1986, Reg;
                                               January 19, 2018,
                                               Susp.
    Minden, Town of,                  360451  November 10, 1975,  ......do..............   Do.
     Montgomery County.                        Emerg; January
                                               19, 1983, Reg;
                                               January 19, 2018,
                                               Susp.

[[Page 254]]

 
    Mohawk, Town of,                  360452  July 18, 1975,      ......do..............   Do.
     Montgomery County.                        Emerg; August 5,
                                               1985, Reg;
                                               January 19, 2018,
                                               Susp.
    Palatine, Town of,                361413  March 8, 1977,      ......do..............   Do.
     Montgomery County.                        Emerg; May 4,
                                               1987, Reg;
                                               January 19, 2018,
                                               Susp.
    Root, Town of, Montgomery         360455  November 3, 1975,   ......do..............   Do.
     County.                                   Emerg; April 1,
                                               1988, Reg;
                                               January 19, 2018,
                                               Susp.
    Saint Johnsville, Town of,        360456  March 9, 1977,      ......do..............   Do.
     Montgomery County.                        Emerg; March 16,
                                               1983, Reg;
                                               January 19, 2018,
                                               Susp.
    Saint Johnsville, Village         360457  October 23, 1974,   ......do..............   Do.
     of, Montgomery County.                    Emerg; February
                                               19, 1986, Reg;
                                               January 19, 2018,
                                               Susp.
 
           Region IV
 
Florida: Fanning Springs, City        120146  August 22, 1975,    ......do..............   Do.
 of, Gilchrist and Levy                        Emerg; September
 Counties.                                     5, 1984, Reg;
                                               January 19, 2018,
                                               Susp.
 
           Region VI
 
Texas:
    Dayton Lakes, City of,            481593  August 12, 1985,    January 19, 2018......  January 19, 2018.
     Liberty County.                           Emerg; November
                                               15, 1989, Reg;
                                               January 19, 2018,
                                               Susp.
    Hardin, City of, Liberty          481270  June 1, 1976,       ......do..............   Do.
     County.                                   Emerg; April 9,
                                               1985, Reg;
                                               January 19, 2018,
                                               Susp.
    Kenefick, City of, Liberty        481523  N/A, Emerg; June    ......do..............   Do.
     County.                                   20, 2008, Reg;
                                               January 19, 2018,
                                               Susp.
Region X
 
Oregon:
    Eagle Point, City of,             410093  June 5, 1974,       ......do..............   Do.
     Jackson County.                           Emerg; September
                                               30, 1980, Reg;
                                               January 19, 2018,
                                               Susp.
    Jackson County,                   415589  December 31, 1970,  ......do..............   Do.
     Unincorporated Areas.                     Emerg; April 1,
                                               1982, Reg;
                                               January 19, 2018,
                                               Susp.
    Shady Cove, City of,              410099  August 23, 1974,    ......do..............   Do.
     Jackson County.                           Emerg; September
                                               30, 1980, Reg;
                                               January 19, 2018,
                                               Susp.
Washington: Camas, City of,           530026  April 24, 1974,     ......do..............   Do.
 Clark County                                  Emerg; February
                                               18, 1981, Reg;
                                               January 19, 2018,
                                               Susp.
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* do = Ditto.
Code for reading third column: Emerg. --Emergency; Reg. --Regular; Susp. --Suspension.


    Dated: December 21, 2017.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2017-28429 Filed 1-2-18; 8:45 am]
BILLING CODE 9110-12-P


