[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)]
[Rules and Regulations]
[Pages 42241-42245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18912]


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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-8497]


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: Effective Dates: The effective date of each community's 
scheduled suspension is the third date (``Susp.'') listed in the third 
column of the following tables.

[[Page 42242]]


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]

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/
          State and location            Community No.   cancellation of sale of      Current effective  map date      Date certain Federal assistance no
                                                          flood insurance in                                               longer available in SFHAs
                                                               community
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              Region III
 
Pennsylvania:
    Avondale, Borough of, Chester              421473  August 29, 1975, Emerg;   September 29, 2017.................  September 29, 2017.
     County.                                            November 4, 1987, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Charlestown, Township of, Chester          421475  November 24, 1975,        ......*do..........................   Do.
     County.                                            Emerg; December 4,
                                                        1984, Reg; September
                                                        29, 2017, Susp.
    Coatesville, City of, Chester              420274  December 26, 1974,        ......do...........................   Do.
     County.                                            Emerg; May 17, 1982,
                                                        Reg; September 29,
                                                        2017, Susp.
    Downingtown, Borough of, Chester           420275  December 3, 1971, Emerg;  ......do...........................   Do.
     County.                                            April 15, 1977, Reg;
                                                        September 29, 2017,
                                                        Susp.

[[Page 42243]]

 
    East Brandywine, Township of,              421476  November 21, 1975,        ......do...........................   Do.
     Chester County.                                    Emerg; February 1,
                                                        1984, Reg; September
                                                        29, 2017, Susp.
    East Fallowfield, Township of,             421479  November 3, 1975, Emerg;  ......do...........................   Do.
     Chester County.                                    June 1, 1983, Reg;
                                                        September 29, 2017,
                                                        Susp.
    East Goshen, Township of, Chester          420277  January 21, 1972, Emerg;  ......do...........................   Do.
     County.                                            July 5, 1977, Reg;
                                                        September 29, 2017,
                                                        Susp.
    East Marlborough, Township of,             421480  March 28, 1975, Emerg;    ......do...........................   Do.
     Chester County.                                    July 16, 1981, Reg;
                                                        September 29, 2017,
                                                        Susp.
    East Nantmeal, Township of,                421481  April 14, 1976, Emerg;    ......do...........................   Do.
     Chester County.                                    February 1, 1984, Reg;
                                                        September 29, 2017,
                                                        Susp.
    East Nottingham, Township of,              421482  February 9, 1976, Emerg;  ......do...........................   Do.
     Chester County.                                    September 4, 1985, Reg;
                                                        September 29, 2017,
                                                        Susp.
    East Whiteland, Township of,               420279  June 16, 1972, Emerg;     ......do...........................   Do.
     Chester County.                                    June 1, 1989, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Elk, Township of, Chester County.          422286  January 14, 1975, Emerg;  ......do...........................   Do.
                                                        July 30, 1982, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Franklin, Township of, Chester             422288  July 6, 1983, Emerg;      ......do...........................   Do.
     County.                                            March 1, 1986, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Honey Brook, Township of, Chester          422290  November 10, 1975,        ......do...........................   Do.
     County.                                            Emerg; August 1, 1984,
                                                        Reg; September 29,
                                                        2017, Susp.
    Kennett Square, Borough of,                420280  April 21, 1975, Emerg;    ......do...........................   Do.
     Chester County.                                    July 16, 1981, Reg;
                                                        September 29, 2017,
                                                        Susp.
    London Britain, Township of,               422273  February 5, 1975, Emerg;  ......do...........................   Do.
     Chester County.                                    December 31, 1982, Reg;
                                                        September 29, 2017,
                                                        Susp.
    London Grove, Township of,                 422274  October 17, 1974, Emerg;  ......do...........................   Do.
     Chester County.                                    February 11, 1983, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Londonderry, Township of, Chester          421484  December 12, 1974,        ......do...........................   Do.
     County.                                            Emerg; September 24,
                                                        1984, Reg; September
                                                        29, 2017, Susp.
    Modena, Borough of, Chester                420282  October 10, 1974, Emerg;  ......do...........................   Do.
     County.                                            November 19, 1987, Reg;
                                                        September 29, 2017,
                                                        Susp.
    New London, Township of, Chester           422276  May 13, 1975, Emerg;      ......do...........................   Do.
     County.                                            November 12, 1982, Reg;
                                                        September 29, 2017,
                                                        Susp.
    North Coventry, Township of,               420283  January 26, 1973, Emerg;  ......do...........................   Do.
     Chester County.                                    August 15, 1978, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Oxford, Borough of, Chester                420284  June 17, 1975, Emerg;     ......do...........................   Do.
     County.                                            September 17, 1982,
                                                        Reg; September 29,
                                                        2017, Susp.
    Parkesburg, Borough of, Chester            422277  June 11, 1975, Emerg;     ......do...........................   Do.
     County.                                            June 1, 1983, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Penn, Township of, Chester County          421487  October 15, 1975, Emerg;  ......do...........................   Do.
                                                        December 17, 1982, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Pennsbury, Township of, Chester            420285  September 29, 1972,       ......do...........................   Do.
     County.                                            Emerg; December 28,
                                                        1976, Reg; September
                                                        29, 2017, Susp.
    Pocopson, Township of, Chester             420286  January 21, 1972, Emerg;  ......do...........................   Do.
     County.                                            April 15, 1977, Reg;
                                                        September 29, 2017,
                                                        Susp.
    South Coventry, Township of,               421490  April 29, 1975, Emerg;    ......do...........................   Do.
     Chester County.                                    July 18, 1983, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Spring City, Borough of, Chester           420289  June 4, 1975, Emerg;      ......do...........................   Do.
     County.                                            March 16, 1981, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Tredyffrin, Township of, Chester           420291  September 17, 1971,       ......do...........................   Do.
     County.                                            Emerg; April 17, 1978,
                                                        Reg; September 29,
                                                        2017, Susp.

[[Page 42244]]

 
    Upper Oxford, Township of,                 422278  August 6, 1975, Emerg;    ......do...........................   Do.
     Chester County.                                    February 25, 1983, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Upper Uwchlan, Township of,                421491  March 10, 1976, Emerg;    ......do...........................   Do.
     Chester County.                                    August 19, 1985, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Uwchlan, Township of, Chester              421492  October 11, 1974, Emerg;  ......do...........................   Do.
     County.                                            September 30, 1980,
                                                        Reg; September 29,
                                                        2017, Susp.
    Valley, Township of, Chester               421206  May 23, 1974, Emerg;      ......do...........................   Do.
     County.                                            August 1, 1984, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Wallace, Township of, Chester              421493  February 11, 1976,        ......do...........................   Do.
     County.                                            Emerg; March 11, 1983,
                                                        Reg; September 29,
                                                        2017, Susp.
    Warwick, Township of, Chester              421494  November 28, 1975,        ......do...........................   Do.
     County.                                            Emerg; March 1, 1984,
                                                        Reg; September 29,
                                                        2017, Susp.
    West Bradford, Township of,                421495  February 10, 1975,        ......do...........................   Do.
     Chester County.                                    Emerg; July 16, 1981,
                                                        Reg; September 29,
                                                        2017, Susp.
    West Brandywine, Township of,              421496  August 6, 1975, Emerg;    ......do...........................   Do.
     Chester County.                                    September 28, 1979,
                                                        Reg; September 29,
                                                        2017, Susp.
    West Caln, Township of, Chester            421497  May 19, 1976, Emerg;      ......do...........................   Do.
     County.                                            January 17, 1985, Reg;
                                                        September 29, 2017,
                                                        Susp.
    West Marlborough, Township of,             422279  May 20, 1975, Emerg;      ......do...........................   Do.
     Chester County.                                    January 18, 1984, Reg;
                                                        September 29, 2017,
                                                        Susp.
    West Pikeland, Township of,                421151  April 10, 1974, Emerg;    ......do...........................   Do.
     Chester County.                                    June 1, 1983, Reg;
                                                        September 29, 2017,
                                                        Susp.
    West Sadsbury, Township of,                422281  March 23, 1976, Emerg;    ......do...........................   Do.
     Chester County.                                    August 5, 1985, Reg;
                                                        September 29, 2017,
                                                        Susp.
    West Vincent, Township of,                 421499  August 11, 1975, Emerg;   ......do...........................   Do.
     Chester County.                                    November 19, 1987, Reg;
                                                        September 29, 2017,
                                                        Susp.
    West Whiteland, Township of,               420295  November 5, 1971, Emerg;  ......do...........................   Do.
     Chester County.                                    May 2, 1977, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Westtown, Township of, Chester             420294  November 26, 1971,        ......do...........................   Do.
     County.                                            Emerg; June 1, 1977,
                                                        Reg; September 29,
                                                        2017, Susp.
    Willistown, Township of, Chester           422282  October 17, 1974, Emerg;  ......do...........................   Do.
     County.                                            October 15, 1981, Reg;
                                                        September 29, 2017,
                                                        Susp.
              Region IV
 
Florida:
    Daytona Beach, City of, Volusia            125099  September 11, 1970,       ......do...........................   Do.
     County.                                            Emerg; September 7,
                                                        1973, Reg; September
                                                        29, 2017, Susp.
    DeLand, City of, Volusia County..          120307  February 19, 1975,        ......do...........................   Do.
                                                        Emerg; December 22,
                                                        1980, Reg; September
                                                        29, 2017, Susp.
    New Smyrna Beach, City of,                 125132  May 14, 1971, Emerg;      ......do...........................   Do.
     Volusia County.                                    December 7, 1973, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Oak Hill, City of, Volusia County          120624  N/A, Emerg; February 21,  ......do...........................   Do.
                                                        1994, Reg; September
                                                        29, 2017, Susp.
    Orange City, City of, Volusia              120633  June 1, 1990, Emerg;      ......do...........................   Do.
     County..                                           September 2, 1994, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Ormond Beach, City of, Volusia             125136  November 20, 1970,        ......do...........................   Do.
     County.                                            Emerg; September 7,
                                                        1973, Reg; September
                                                        29, 2017, Susp.
    Ponce Inlet, Town of, Volusia              120312  May 28, 1974, Emerg;      ......do...........................   Do.
     County.                                            October 8, 1976, Reg;
                                                        September 29, 2017,
                                                        Susp.
    South Daytona, City of, Volusia            120314  June 18, 1971, Emerg;     ......do...........................   Do.
     County.                                            October 3, 1976, Reg;
                                                        September 29, 2017,
                                                        Susp.

[[Page 42245]]

 
Kentucky:
    Henderson, City of, Henderson              210109  August 7, 1973, Emerg;    ......do...........................   Do.
     County.                                            June 15, 1978, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Henderson County, Unincorporated           210286  N/A, Emerg; April 10,     ......do...........................   Do.
     Areas.                                             1991, Reg; September
                                                        29, 2017, Susp.
               Region V
 
Minnesota:
    Hallock, City of, Kittson County.          270226  July 3, 1974, Emerg;      ......do...........................   Do.
                                                        January 2, 1980, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Kennedy, City of, Kittson County.          270686  March 26, 1976, Emerg;    ......do...........................   Do.
                                                        August 5, 1986, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Kittson County, Unincorporated             270224  February 11, 1974,        ......do...........................   Do.
     Areas.                                             Emerg; February 4,
                                                        1981, Reg; September
                                                        29, 2017, Susp.
    Lancaster, City of, Kittson                270231  June 19, 1975, Emerg;     ......do...........................   Do.
     County.                                            June 22, 1984, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Saint Vincent, City of, Kittson            270232  December 17, 1974,        ......do...........................   Do.
     County.                                            Emerg; September 2,
                                                        1982, Reg; September
                                                        29, 2017, Susp.
Wisconsin:
    Black River Falls, City of,                550186  April 7, 1975, Emerg;     ......do...........................   Do.
     Jackson County.                                    February 4, 1981, Reg;
                                                        September 29, 2017,
                                                        Susp.
    Jackson County, Unincorporated             550583  September 30, 1975,       ......do...........................   Do.
     Areas.                                             Emerg; February 4,
                                                        1981, Reg; September
                                                        29, 2017, Susp.
              Region IX
 
Hawaii:
    Hawaii County, Unincorporated              155166  June 5, 1970, Emerg; May  ......do...........................   Do.
     Areas.                                             3, 1982, Reg; September
                                                        29, 2017, Susp.
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-do- = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp--Suspension.


    Dated: August 29, 2017.
Michael M. Grimm,
Assistant Administrator for Mitigation, Federal Insurance and 
Mitigation Administration, Department of Homeland Security, Federal 
Emergency Management Agency.
[FR Doc. 2017-18912 Filed 9-6-17; 8:45 am]
 BILLING CODE 9110-12-P