85 FR 119 pgs. 37019-37022 - Suspension of Community Eligibility
Type: RULEVolume: 85Number: 119Pages: 37019 - 37022
Pages: 37019, 37020, 37021Docket number: [Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8633]
FR document: [FR Doc. 2020-12661 Filed 6-18-20; 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-2020-0005; Internal Agency Docket No. FEMA-8633]
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) 674-1087.
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.
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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 assistance no longer available in SFHAs |
|---|---|---|---|---|
| Region IV | ||||
| North Carolina: | ||||
| Alliance, Town of, Pamlico County | 370404 | November 9, 1977, Emerg; August 5, 1985, Reg; June 19, 2020, Susp | June 19, 2020 | June 19, 2020. |
| Bath, Town of, Beaufort County | 370288 | N/A, Emerg; April 8, 1987, Reg; June 19, 2020, Susp | ......do?* | Do. |
| Bayboro, Town of, Pamlico County | 370183 | May 17, 1973, Emerg; December 4, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Bridgeton, Town of, Craven County | 370436 | October 19, 1973, Emerg; May 4, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Carteret County, Unincorporated Areas | 370043 | November 19, 1971, Emerg; May 15, 1980, Reg; June 19, 2020, Susp | ......do | Do. |
| Chocowinity, Town of, Beaufort County | 370289 | N/A, Emerg; June 30, 1997, Reg; June 19, 2020, Susp | ......do | Do. |
| Craven County, Unincorporated Areas | 370072 | October 19, 1973, Emerg; May 4, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Currituck County, Unincorporated Areas | 370078 | March 4, 1974, Emerg; November 1, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Emerald Isle, Town of, Carteret County | 370047 | June 29, 1973, Emerg; April 1, 1977, Reg; June 19, 2020, Susp | ......do | Do. |
| Greenville, City of, Pitt County | 370191 | January 15, 1974, Emerg; July 3, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Grimesland, Town of, Pitt County | 370535 | November 14, 2000, Emerg; January 2, 2004, Reg; June 19, 2020, Susp | ......do | Do. |
| Havelock, City of, Craven County | 370265 | June 20, 1975, Emerg; May 4, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Hyde County, Unincorporated Areas | 370133 | February 8, 1974, Emerg; February 4, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Kill Devil Hills, Town of, Dare County | 375353 | February 4, 1972, Emerg; May 4, 1973, Reg; June 19, 2020, Susp | ......do | Do. |
| Mesic, Town of, Pamlico County | 370426 | N/A, Emerg; September 4, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Minnesott Beach, Town of, Pamlico County | 370418 | N/A, Emerg; September 23, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Nags Head, Town of, Dare County | 375356 | December 17, 1971, Emerg; November 10, 1972, Reg; June 19, 2020, Susp | ......do | Do. |
| New Bern, City of, Craven County | 370074 | December 11, 1973, Emerg; June 1, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| North Topsail Beach, Town of, Onslow County | 370466 | N/A, Emerg; June 15, 1990, Reg; June 19, 2020, Susp | ......do | Do. |
| Oriental, Town of, Pamlico County | 370279 | May 17, 1973, Emerg; December 4, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Pamlico County, Unincorporated Areas | 370181 | May 17, 1973, Emerg; September 4, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| River Bend, Town of, Craven County | 370432 | August 5, 1981, Emerg; August 19, 1986, Reg; June 19, 2020, Susp | ......do | Do. |
| Southern Shores, Town of, Dare County | 370430 | April 8, 1971, Emerg; May 13, 1972, Reg; June 19, 2020, Susp | ......do | Do. |
| Stonewall, Town of, Pamlico County | 370437 | May 17, 1973, Emerg; December 4, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Swansboro, Town of, Onslow County | 370179 | April 11, 1975, Emerg; October 18, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Washington, City of, Beaufort County | 370017 | October 6, 1972, Emerg; February 2, 1977, Reg; June 19, 2020, Susp | ......do | Do. |
| Washington County, Unincorporated Areas | 370247 | January 24, 1975, Emerg; August 19, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Region V | ||||
| Michigan: | ||||
| Bedford, Township of, Monroe County | 260142 | October 8, 1975, Emerg; November 4, 1981, Reg; June 19, 2020, Susp | ......do | Do. |
| Berlin, Charter Township of, Monroe County | 260143 | March 9, 1973, Emerg; November 3, 1982, Reg; June 19, 2020, Susp | ......do | Do. |
| Erie, Township of, Monroe County | 260145 | January 26, 1973, Emerg; September 1, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Estral Beach, Village of, Monroe County | 260261 | March 30, 1973, Emerg; November 2, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Frenchtown, Charter Township of, Monroe County | 260146 | January 19, 1973, Emerg; January 19, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| LaSalle, Township of, Monroe County | 260148 | February 9, 1973, Emerg; August 15, 1977, Reg; June 19, 2020, Susp | ......do | Do. |
| Luna Pier, City of, Monroe County | 260150 | January 26, 1973, Emerg; June 1, 1982, Reg; June 19, 2020, Susp | ......do | Do. |
| Monroe, Charter Township of, Monroe County | 260154 | February 2, 1973, Emerg; April 3, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Region VI | ||||
| Texas: Denton County, Unincorporated Areas | 480774 | July 22, 1975, Emerg; May 4, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Region VII | ||||
| Iowa: | ||||
| Charles City, City of, Floyd County | 190128 | March 3, 1972, Emerg; February 2, 1977, Reg; June 19, 2020, Susp | ......do | Do. |
| Floyd, City of, Floyd County | 190382 | November 10, 1999, Emerg; February 20, 2008, Reg; June 19, 2020, Susp | ......do | Do. |
| Floyd County, Unincorporated Areas | 190127 | September 18, 1996, Emerg; December 1, 1997, Reg; June 19, 2020, Susp | ......do | Do. |
| Leland, City of, Winnebago County | 190529 | October 2, 1975, Emerg; January 2, 1981, Reg; June 19, 2020, Susp | ......do | Do. |
| Nora Springs, City of, Floyd County | 190384 | April 25, 1980, Emerg; September 1, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Rockford, City of, Floyd County | 190129 | July 28, 1975, Emerg; September 1, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Rudd, City of, Floyd County | 190385 | February 29, 2000, Emerg; February 20, 2008, Reg; June 19, 2020, Susp | ......do | Do. |
| Scarville, City of, Winnebago County | 190531 | April 14, 2010, Emerg; May 1, 2011, Reg; June 19, 2020, Susp | ......do | Do. |
| Thompson, City of, Winnebago County | 190666 | July 8, 2010, Emerg; May 1, 2011, Reg; June 19, 2020, Susp | ......do | Do. |
| Winnebago County, Unincorporated Areas | 190915 | October 15, 2010, Emerg; N/A, Reg; June 19, 2020, Susp | ......do | Do. |
| Region VIII | ||||
| Utah: | ||||
| Alpine, City of, Utah County | 490228 | May 27, 1975, Emerg; February 11, 1976, Reg; June 19, 2020, Susp | ......do | Do. |
| American Fork, City of, Utah County | 490152 | April 23, 1974, Emerg; November 25, 1980, Reg; June 19, 2020, Susp | ......do | Do. |
| Bluffdale, City of, Salt Lake and Utah Counties | 490247 | April 7, 1986, Emerg; September 30, 1987, Reg; June 19, 2020, Susp | ......do | Do. |
| Genola, Town of, Utah County | 490154 | June 6, 1983, Emerg; January 30, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Lehi, City of, Utah County | 490209 | October 18, 1974, Emerg; September 14, 1979, Reg; June 19, 2020, Susp | ......do | Do. |
| Orem, City of, Utah County | 490216 | March 10, 1975, Emerg; September 24, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Payson, City of, Utah County | 490157 | December 26, 1974, Emerg; November 15, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Salem, City of, Utah County | 490160 | January 20, 1975, Emerg; July 16, 1979, Reg; June 19, 2020, Susp | ......do | Do. |
| Saratoga Springs, City of, Utah County | 490250 | N/A, Emerg; May 10, 1999, Reg; June 19, 2020, Susp | ......do | Do. |
| Spanish Fork, City of, Utah County | 490241 | May 4, 1983, Emerg; February 19, 1986, Reg; June 19, 2020, Susp | ......do | Do. |
| Springville, City of, Utah County | 490163 | July 25, 1974, Emerg; September 29, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Utah County, Unincorporated Areas | 495517 | November 12, 1971, Emerg; October 15, 1982, Reg; June 19, 2020, Susp | ......do | Do. |
| Region X | ||||
| Idaho: | ||||
| Ada County, Unincorporated Areas | 160001 | May 8, 1975, Emerg; December 18, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Garden City, City of, Ada County | 160004 | January 12, 1979, Emerg; May 15, 1980, Reg; June 19, 2020, Susp | ......do | Do. |
| Meridian, City of, Ada County | 160180 | N/A, Emerg; March 20, 1992, Reg; June 19, 2020, Susp | ......do | Do. |
| Washington: Bothell, City of, Snohomish County | 530075 | June 20, 1975, Emerg; June 1, 1982, Reg; June 19, 2020, Susp | ......do | Do. |
| Brier, City of, Snohomish County | 530276 | February 23, 1976, Emerg; September 24, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Bucoda, Town of, Thurston County | 530189 | February 10, 1975, Emerg; September 2, 1981, Reg; June 19, 2020, Susp | ......do | Do. |
| Darrington, Town of, Snohomish County | 530233 | September 1, 1976, Emerg; August 19, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Edmonds, City of, Snohomish County | 530163 | April 30, 1974, Emerg; August 8, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Everett, City of, Snohomish County | 530164 | December 17, 1973, Emerg; April 3, 1978, Reg; June 19, 2020, Susp | ......do | Do. |
| Gold Bar, City of, Snohomish County | 530285 | December 17, 1976, Emerg; December 1, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Index, Town of, Snohomish County | 530166 | August 27, 1975, Emerg; December 1, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Lake Stevens, City of, Snohomish County | 530291 | December 29, 1976, Emerg; April 17, 1989, Reg; June 19, 2020, Susp | ......do | Do. |
| Lynnwood, City of, Snohomish County | 530167 | May 9, 1975, Emerg; June 5, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Marysville, City of, Snohomish County | 530168 | October 16, 1974, Emerg; February 15, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Mill Creek, City of, Snohomish County | 530330 | N/A, Emerg; July 9, 1997, Reg; June 19, 2020, Susp | ......do | Do. |
| Monroe, City of, Snohomish County | 530169 | August 14, 1974, Emerg; December 1, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Mountlake Terrace, City of, Snohomish County | 530170 | March 18, 1975, Emerg; August 19, 1985, Reg; June 19, 2020, Susp | ......do | Do. |
| Mukilteo, City of, Snohomish County | 530235 | February 3, 1977, Emerg; February 19, 1986, Reg; June 19, 2020, Susp | ......do | Do. |
| Snohomish County, Unincorporated Areas | 535534 | November 27, 1970, Emerg; March 15, 1984, Reg; June 19, 2020, Susp | ......do | Do. |
| Stanwood, City of, Snohomish County | 530172 | March 6, 1975, Emerg; November 16, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Sultan, City of, Snohomish County | 530173 | May 16, 1975, Emerg; September 30, 1983, Reg; June 19, 2020, Susp | ......do | Do. |
| Tenino, City of, Thurston County | 530302 | February 18, 1975, Emerg; June 4, 1980, Reg; June 19, 2020, Susp | ......do | Do. |
| Thurston County, Unincorporated Areas | 530188 | September 13, 1974, Emerg; December 1, 1982, Reg; June 19, 2020, Susp | ......do | Do. |
| *?-do- = Ditto. | ||||
| Code for reading third column: Emerg. -Emergency; Reg. -Regular; Susp. -Suspension. | ||||
Katherine B. Fox,
Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration-FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency.
[FR Doc. 2020-12661 Filed 6-18-20; 8:45 am]
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