83 FR 233 pgs. 62494-62496 - Suspension of Community Eligibility

Type: RULEVolume: 83Number: 233Pages: 62494 - 62496
Docket number: [Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8557]
FR document: [FR Doc. 2018-26132 Filed 12-3-18; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version:  PDF Version
Pages: 62494, 62495, 62496

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

44 CFR Part 64

[Docket ID FEMA-2018-0002; Internal Agency Docket No. FEMA-8557]

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 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 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:


[top] 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, page 62495 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:

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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 IV
Florida: Fort Myers, City of, Lee County 125106 October 30, 1970, Emerg; April 16, 1979, Reg; December 7, 2018, Susp Dec. 7, 2018 Dec. 7, 2018.
Georgia:
Allenhurst, Town of, Liberty County 130350 May 6, 1975, Emerg; June 17, 1986, Reg; December 7, 2018, Susp ......do?* Do.
Flemington, City of, Liberty County 130124 November 27, 1974, Emerg; May 17, 1982, Reg; December 7, 2018, Susp ......do Do.
Hinesville, City of, Liberty County 130125 June 13, 1975, Emerg; September 16, 1982, Reg; December 7, 2018, Susp ......do Do.
Liberty County, Unincorporated Areas 130123 January 22, 1975, Emerg; December 1, 1983, Reg; December 7, 2018, Susp ......do Do.
Midway, City of, Liberty County 130351 July 22, 1975, Emerg; September 30, 1981, Reg; December 7, 2018, Susp ......do Do.
Riceboro, City of, Liberty County 130126 June 26, 1975, Emerg; November 4, 1981, Reg; December 7, 2018, Susp ......do Do.
Walthourville, City of, Liberty County 130459 N/A, Emerg; October 29, 2008, Reg; December 7, 2018, Susp ......do Do.
South Carolina:
Berkeley County, Unincorporated Areas 450029 October 13, 1978, Emerg; September 30, 1983, Reg; December 7, 2018, Susp ......do Do.
Goose Creek, City of, Berkeley County 450206 April 18, 1975, Emerg; February 17, 1982, Reg; December 7, 2018, Susp ......do Do.
Hanahan, City of, Berkeley County 450030 October 25, 1973, Emerg; June 15, 1981, Reg; December 7, 2018, Susp ......do Do.
Moncks Corner, Town of, Berkeley County 450031 July 1, 1975, Emerg; January 16, 1981, Reg; December 7, 2018, Susp ......do Do.
Region V
Minnesota:
Caledonia, City of, Houston County 270712 May 21, 2001, Emerg; N/A, Reg; December 7, 2018, Susp ......do Do.
Hokah, City of, Houston County 270192 November 29, 1974, Emerg; March 15, 1982, Reg; December 7, 2018, Susp December 7, 2018 December 7, 2018.
Houston, City of, Houston County 270193 November 13, 1974, Emerg; July 16, 1979, Reg; December 7, 2018, Susp ......do Do.
Houston County, Unincorporated Areas 270190 April 30, 1974, Emerg; January 6, 1982, Reg; December 7, 2018, Susp ......do Do.
La Crescent, City of, Houston and Winona Counties 275237 February 11, 1972, Emerg; July 20, 1973, Reg; December 7, 2018, Susp ......do Do.
Region VII
Iowa:
Adel, City of, Dallas County 190103 July 30, 1975, Emerg; August 4, 1987, Reg; December 7, 2018, Susp ......do Do.
Dallas Center, City of, Dallas County 190564 N/A, Emerg; February 22, 2010, Reg; December 7, 2018, Susp ......do Do.
Dallas County, Unincorporated Areas 190860 December 14, 1992, Emerg; May 1, 1994, Reg; December 7, 2018, Susp ......do Do.
Dawson, City of, Dallas County 190358 N/A, Emerg; August 12, 2011, Reg; December 7, 2018, Susp ......do Do.
De Soto, City of, Dallas County 190359 September 1, 1979, Emerg; September 27, 1985, Reg; December 7, 2018, Susp ......do Do.
Granger, City of, Dallas County 190104 October 29, 1976, Emerg; June 1, 1987, Reg; December 7, 2018, Susp ......do Do.
Perry, City of, Dallas County 190105 June 10, 1975, Emerg; September 4, 1985, Reg; December 7, 2018, Susp ......do Do.
Redfield, City of, Dallas County 190361 October 26, 1976, Emerg; September 18, 1985, Reg; December 7, 2018, Susp ......do Do.
Van Meter, City of, Dallas County 190362 N/A, Emerg; January 26, 2009, Reg; December 7, 2018, Susp ......do Do.
Waukee, City of, Dallas County 190678 N/A, Emerg; May 3, 2001, Reg; December 7, 2018, Susp ......do Do.
Region VIII
Colorado:
Colorado Springs, City of, El Paso County 080060 March 30, 1973, Emerg; December 18, 1986, Reg; December 7, 2018, Susp ......do Do.
El Paso County, Unincorporated Areas 080059 March 9, 1973, Emerg; December 18, 1986, Reg; December 7, 2018, Susp ......do Do.
Fountain, City of, El Paso County 080061 October 2, 1974, Emerg; June 5, 1985, Reg; December 7, 2018, Susp ......do Do.
Green Mountain Falls, Town of, El Paso County 080062 March 18, 1975, Emerg; June 5, 1985, Reg; December 7, 2018, Susp ......do Do.
Manitou Springs, City of, El Paso County 080063 May 29, 1975, Emerg; February 1, 1984, Reg; December 7, 2018, Susp ......do Do.
Monument, Town of, El Paso County 080064 June 10, 1975, Emerg; December 18, 1986, Reg; December 7, 2018, Susp ......do Do.
Palmer Lake, Town of, El Paso County 080065 August 16, 1973, Emerg; July 3, 1978, Reg; December 7, 2018, Susp ......do Do.
Region X
Oregon:
Bandon, City of, Coos County 410043 October 11, 1974, Emerg; August 15, 1984, Reg; December 7, 2018, Susp ......do Do.
Coos Bay, City of, Coos County 410044 August 23, 1974, Emerg; August 1, 1984, Reg; December 7, 2018, Susp ......do Do.
Coos County, Unincorporated Areas 410042 July 7, 1975, Emerg; November 15, 1984, Reg; December 7, 2018, Susp ......do Do.
Coquille, City of, Coos County 410045 April 29, 1975, Emerg; September 28, 1984, Reg; December 7, 2018, Susp ......do Do.
Lakeside, City of, Coos County 410278 June 2, 1975, Emerg; August 1, 1984, Reg; December 7, 2018, Susp ......do Do.
Myrtle Point, City of, Coos County 410047 January 30, 1975, Emerg; July 16, 1984, Reg; December 7, 2018, Susp ......do Do.
North Bend, City of, Coos County 410048 June 4, 1975, Emerg; August 1, 1984, Reg; December 7, 2018, Susp ......do Do.
Powers, City of, Coos County 410049 August 6, 1975, Emerg; June 30, 1976, Reg; December 7, 2018, Susp ......do Do.
*?......do = Ditto.
Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension.


Dated: November 16, 2018.

Eric Letvin,

Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration-FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency.

[FR Doc. 2018-26132 Filed 12-3-18; 8:45 am]

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