84 FR 95 pgs. 22049-22051 - Suspension of Community Eligibility
Type: RULEVolume: 84Number: 95Pages: 22049 - 22051
Pages: 22049, 22050, 22051Docket number: [Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8579]
FR document: [FR Doc. 2019-10190 Filed 5-15-19; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Federal Emergency Management Agency
Official PDF Version: PDF Version
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8579]
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:
[top] 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
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:
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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 assist- ance no longer available in SFHAs |
|---|---|---|---|---|
| Region V | ||||
| Illinois: | ||||
| Beardstown, City of, Cass County | 170022 | May 9, 1975, Emerg; May 2, 1980, Reg; May 16, 2019, Susp | May 16, 2019 | May 16, 2019. |
| Cass County, Unincorporated Areas | 170810 | June 10, 1974, Emerg; November 15, 1985, Reg; May 16, 2019, Susp | ......do | Do. |
| Michigan: | ||||
| Bay, Township of, Charlevoix County | 260796 | April 8, 1987, Emerg; September 18, 1987, Reg; May 16, 2019, Susp | ......do | Do. |
| Charlevoix, City of, Charlevoix County | 260057 | December 13, 1974, Emerg; February 11, 1983, Reg; May 16, 2019, Susp | ......do | Do. |
| Charlevoix, Township of, Charlevoix County | 260790 | January 9, 1987, Emerg; September 18, 1987, Reg; May 16, 2019, Susp | ......do | Do. |
| Eveline, Township of, Charlevoix County | 260773 | September 8, 1986, Emerg; September 18, 1987, Reg; May 16, 2019, Susp | ......do | Do. |
| Marion, Township of, Charlevoix County | 260808 | September 15, 1987, Emerg; April 15, 1988, Reg; May 16, 2019, Susp | ......do | Do. |
| South Arm, Township of, Charlevoix County | 260761 | May 14, 1986, Emerg; March 18, 1987, Reg; May 16, 2019, Susp | ......do | Do. |
| Region VI | ||||
| Arkansas: | ||||
| Clarksville, City of, Johnson County | 050112 | June 26, 1975, Emerg; September 30, 1982, Reg; May 16, 2019, Susp | ......do | Do. |
| Coal Hill, City of, Johnson County | 050315 | August 6, 1975, Emerg; May 4, 1982, Reg; May 16, 2019, Susp | ......do | Do. |
| Hartman, City of, Johnson County | 050251 | November 10, 2009, Emerg; November 26, 2010, Reg; May 16, 2019, Susp | ......do | Do. |
| Johnson County, Unincorporated Areas | 050441 | June 28, 2005, Emerg; August 1, 2008, Reg; May 16, 2019, Susp | ......do | Do. |
| Oklahoma: | ||||
| Bethel Acres, Town of, Pottawatomie County | 400346 | June 16, 1989, Emerg; December 1, 1989, Reg; May 16, 2019, Susp | ......do | Do. |
| Calvin, Town of, Hughes County | 400269 | September 7, 1976, Emerg; March 1, 1987, Reg; May 16, 2019, Susp | ......do | Do. |
| Checotah, City of, McIntosh County | 400238 | August 12, 1977, Emerg; June 19, 1985, Reg; May 16, 2019, Susp | ......do | Do. |
| Citizen Potawatomi Nation, Pottawatomie County | 400553 | December 1, 2000, Emerg; September 3, 2010, Reg; May 16, 2019, Susp | ......do | Do. |
| Dustin, Town of, Hughes County | 400371 | July 9, 1976, Emerg; June 28, 1977, Reg; May 16, 2019, Susp | ......do | Do. |
| Eufaula, City of, McIntosh County | 400376 | February 14, 1977, Emerg; September 1, 1981, Reg; May 16, 2019, Susp | ......do | Do. |
| Holdenville, City of, Hughes County | 400244 | November 29, 1976, Emerg; August 15, 1978, Reg; May 16, 2019, Susp | ......do | Do. |
| Hughes County, Unincorporated Areas | 400467 | August 6, 1988, Emerg; December 1, 1989, Reg; May 16, 2019, Susp | ......do | Do. |
| Kickapoo Tribe of Oklahoma, Lincoln, Oklahoma and Pottawatomie Counties | 400563 | February 26, 2002, Emerg; August 19, 2010, Reg; May 16, 2019, Susp | ......do | Do. |
| Lincoln County, Unincorporated Areas | 400457 | September 28, 1990, Emerg; February 3, 1993, Reg; May 16, 2019, Susp | ......do | Do. |
| McIntosh County, Unincorporated Areas | 400166 | January 24, 2011, Emerg; N/A, Reg; May 16, 2019, Susp | ......do | Do. |
| McLoud, City of, Pottawatomie County | 400398 | December 27, 1977, Emerg; October 16, 1987, Reg; May 16, 2019, Susp | ......do | Do. |
| Oklahoma City, City of, Canadian, Cleveland, McClain, Oklahoma and Pottawatomie Counties | 405378 | March 19, 1971, Emerg; July 14, 1972, Reg; May 16, 2019, Susp | ......do | Do. |
| Pottawatomie County, Unincorporated Areas | 400496 | March 26, 1984, Emerg; June 1, 1988, Reg; May 16, 2019, Susp | ......do | Do. |
| Shawnee, City of, Pottawatomie County | 400178 | April 2, 1975, Emerg; July 2, 1980, Reg; May 16, 2019, Susp | ......do | Do. |
| Tecumseh, City of, Pottawatomie County | 400179 | February 10, 1975, Emerg; July 16, 1980, Reg; May 16, 2019, Susp | ......do | Do. |
| Wetumka, City of, Hughes County | 400453 | December 5, 1977, Emerg; January 3, 1986, Reg; May 16, 2019, Susp | ......do | Do. |
| *-do- = Ditto. | ||||
| Code for reading third column: Emerg.-Emergency; Reg.-Regular; Susp.-Suspension. | ||||
Dated: May 2, 2019.
Katherine B. Fox,
Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration-FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2019-10190 Filed 5-15-19; 8:45 am]
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