Suspension of Community Eligibility

 
CONTENT

Federal Register, Volume 83 Issue 233 (Tuesday, December 4, 2018)

Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)

Rules and Regulations

Pages 62494-62496

From the Federal Register Online via the Government Publishing Office www.gpo.gov

FR Doc No: 2018-26132

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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.

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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 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

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  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,

    Page 62495

    1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376.

    Sec. 64.6 Amended

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  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 IV

    Florida: Fort Myers, City of, 125106 October 30, 1970, Dec. 7, 2018.......... Dec. 7, 2018.

    Lee County. Emerg; April 16,

    1979, Reg;

    December 7,

    2018, Susp.

    Georgia:

    Allenhurst, Town of, 130350 May 6, 1975, ......do *............ Do.

    Liberty County. Emerg; June 17,

    1986, Reg;

    December 7,

    2018, Susp.

    Flemington, City of, 130124 November 27, ......do.............. Do.

    Liberty County. 1974, Emerg; May

    17, 1982, Reg;

    December 7,

    2018, Susp.

    Hinesville, City of, 130125 June 13, 1975, ......do.............. Do.

    Liberty County. Emerg; September

    16, 1982, Reg;

    December 7,

    2018, Susp.

    Liberty County, 130123 January 22, 1975, ......do.............. Do.

    Unincorporated Areas. Emerg; December

    1, 1983, Reg;

    December 7,

    2018, Susp.

    Midway, City of, Liberty 130351 July 22, 1975, ......do.............. Do.

    County. Emerg; September

    30, 1981, Reg;

    December 7,

    2018, Susp.

    Riceboro, City of, Liberty 130126 June 26, 1975, ......do.............. Do.

    County. Emerg; November

    4, 1981, Reg;

    December 7,

    2018, Susp.

    Walthourville, City of, 130459 N/A, Emerg; ......do.............. Do.

    Liberty County. October 29,

    2008, Reg;

    December 7,

    2018, Susp.

    South Carolina:

    Berkeley County, 450029 October 13, 1978, ......do.............. Do.

    Unincorporated Areas. Emerg; September

    30, 1983, Reg;

    December 7,

    2018, Susp.

    Goose Creek, City of, 450206 April 18, 1975, ......do.............. Do.

    Berkeley County. Emerg; February

    17, 1982, Reg;

    December 7,

    2018, Susp.

    Hanahan, City of, Berkeley 450030 October 25, 1973, ......do.............. Do.

    County. Emerg; June 15,

    1981, Reg;

    December 7,

    2018, Susp.

    Moncks Corner, Town of, 450031 July 1, 1975, ......do.............. Do.

    Berkeley County. Emerg; January

    16, 1981, Reg;

    December 7,

    2018, Susp.

    Region V

    Minnesota:

    Caledonia, City of, Houston 270712 May 21, 2001, ......do.............. Do.

    County. Emerg; N/A, Reg;

    December 7,

    2018, Susp.

    Hokah, City of, Houston 270192 November 29, December 7, 2018...... December 7, 2018.

    County. 1974, Emerg;

    March 15, 1982,

    Reg; December 7,

    2018, Susp.

    Houston, City of, Houston 270193 November 13, ......do.............. Do.

    County. 1974, Emerg;

    July 16, 1979,

    Reg; December 7,

    2018, Susp.

    Houston County, 270190 April 30, 1974, ......do.............. Do.

    Unincorporated Areas. Emerg; January

    6, 1982, Reg;

    December 7,

    2018, Susp.

    La Crescent, City of, 275237 February 11, ......do.............. Do.

    Houston and Winona 1972, Emerg;

    Counties. July 20, 1973,

    Reg; December 7,

    2018, Susp.

    Region VII

    Iowa:

    Adel, City of, Dallas 190103 July 30, 1975, ......do.............. Do.

    County. Emerg; August 4,

    1987, Reg;

    December 7,

    2018, Susp.

    Dallas Center, City of, 190564 N/A, Emerg; ......do.............. Do.

    Dallas County. February 22,

    2010, Reg;

    December 7,

    2018, Susp.

    Dallas County, 190860 December 14, ......do.............. Do.

    Unincorporated Areas. 1992, Emerg; May

    1, 1994, Reg;

    December 7,

    2018, Susp.

    Dawson, City of, Dallas 190358 N/A, Emerg; ......do.............. Do.

    County. August 12, 2011,

    Reg; December 7,

    2018, Susp.

    De Soto, City of, Dallas 190359 September 1, ......do.............. Do.

    County. 1979, Emerg;

    September 27,

    1985, Reg;

    December 7,

    2018, Susp.

    Granger, City of, Dallas 190104 October 29, 1976, ......do.............. Do.

    County. Emerg; June 1,

    1987, Reg;

    December 7,

    2018, Susp.

    Perry, City of, Dallas 190105 June 10, 1975, ......do.............. Do.

    County. Emerg; September

    4, 1985, Reg;

    December 7,

    2018, Susp.

    Redfield, City of, Dallas 190361 October 26, 1976, ......do.............. Do.

    County. Emerg; September

    18, 1985, Reg;

    December 7,

    2018, Susp.

    Van Meter, City of, Dallas 190362 N/A, Emerg; ......do.............. Do.

    County. January 26,

    2009, Reg;

    December 7,

    2018, Susp.

    Waukee, City of, Dallas 190678 N/A, Emerg; May ......do.............. Do.

    County. 3, 2001, Reg;

    December 7,

    2018, Susp.

    Region VIII

    Colorado:

    Colorado Springs, City of, 080060 March 30, 1973, ......do.............. Do.

    El Paso County. Emerg; December

    18, 1986, Reg;

    December 7,

    2018, Susp.

    El Paso County, 080059 March 9, 1973, ......do.............. Do.

    Unincorporated Areas. Emerg; December

    18, 1986, Reg;

    December 7,

    2018, Susp.

    Fountain, City of, El Paso 080061 October 2, 1974, ......do.............. Do.

    County. Emerg; June 5,

    1985, Reg;

    December 7,

    2018, Susp.

    Green Mountain Falls, Town 080062 March 18, 1975, ......do.............. Do.

    of, El Paso County. Emerg; June 5,

    1985, Reg;

    December 7,

    2018, Susp.

    Manitou Springs, City of, 080063 May 29, 1975, ......do.............. Do.

    El Paso County. Emerg; February

    1, 1984, Reg;

    December 7,

    2018, Susp.

    Page 62496

    Monument, Town of, El Paso 080064 June 10, 1975, ......do.............. Do.

    County. Emerg; December

    18, 1986, Reg;

    December 7,

    2018, Susp.

    Palmer Lake, Town of, El 080065 August 16, 1973, ......do.............. Do.

    Paso County. Emerg; July 3,

    1978, Reg;

    December 7,

    2018, Susp.

    Region X

    Oregon:

    Bandon, City of, Coos 410043 October 11, 1974, ......do.............. Do.

    County. Emerg; August

    15, 1984, Reg;

    December 7,

    2018, Susp.

    Coos Bay, City of, Coos 410044 August 23, 1974, ......do.............. Do.

    County. Emerg; August 1,

    1984, Reg;

    December 7,

    2018, Susp.

    Coos County, Unincorporated 410042 July 7, 1975, ......do.............. Do.

    Areas. Emerg; November

    15, 1984, Reg;

    December 7,

    2018, Susp.

    Coquille, City of, Coos 410045 April 29, 1975, ......do.............. Do.

    County. Emerg; September

    28, 1984, Reg;

    December 7,

    2018, Susp.

    Lakeside, City of, Coos 410278 June 2, 1975, ......do.............. Do.

    County. Emerg; August 1,

    1984, Reg;

    December 7,

    2018, Susp.

    Myrtle Point, City of, Coos 410047 January 30, 1975, ......do.............. Do.

    County. Emerg; July 16,

    1984, Reg;

    December 7,

    2018, Susp.

    North Bend, City of, Coos 410048 June 4, 1975, ......do.............. Do.

    County. Emerg; August 1,

    1984, Reg;

    December 7,

    2018, Susp.

    Powers, City of, Coos 410049 August 6, 1975, ......do.............. Do.

    County. Emerg; June 30,

    1976, Reg;

    December 7,

    2018, Susp.

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    * ......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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