Suspension of Community Eligibility
| Published date | 01 February 2019 |
| Citation | 84 FR 978 |
| Record Number | 2019-00699 |
| Section | Rules and Regulations |
| Court | Federal Emergency Management Agency |
Federal Register, Volume 84 Issue 22 (Friday, February 1, 2019)
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 978-979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00699]
[[Page 978]]
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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-8565]
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 document 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:
[[Page 979]]
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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 III
Maryland:
Garrett County, 240034 January 21, 1976, Feb. 1, 2019.......... Feb. 1, 2019.
Unincorporated Areas. Emerg; June 5,
1985, Reg;
February 1, 2019,
Susp.
West Virginia:
Grant County, 540038 October 22, 1975, ......do *............ Do.
Unincorporated Areas. Emerg; August 1,
1987, Reg;
February 1, 2019,
Susp.
Region VII
Iowa:
Ankeny, City of, Polk 190226 June 13, 1975, ......do.............. Do.
County. Emerg; May 16,
1983, Reg;
February 1, 2019,
Susp.
Bondurant, City of, Polk 190707 February 6, 1978, ......do.............. Do.
County. Emerg; April 2,
1990, Reg;
February 1, 2019,
Susp.
Clive, City of, Dallas and 190488 August 25, 1977, ......do.............. Do.
Polk Counties. Emerg; November
1, 1979, Reg;
February 1, 2019,
Susp.
Grimes, City of, Polk 190228 November 6, 1985, ......do.............. Do.
County. Emerg; November
6, 1985, Reg;
February 1, 2019,
Susp.
Johnston, City of, Polk 190745 June 3, 1977, ......do.............. Do.
County. Emerg; May 3,
1982, Reg;
February 1, 2019,
Susp.
Pleasant Hill, City of, 190489 October 8, 1982, ......do.............. Do.
Polk County. Emerg; October 8,
1982, Reg;
February 1, 2019,
Susp.
Polk County, 190901 September 6, 1978, ......do.............. Do.
Unincorporated Areas. Emerg; March 1,
1984, Reg;
February 1, 2019,
Susp.
Runnells, City of, Polk 190800 February 17, 2011, ......do.............. Do.
County. Emerg; N/A, Reg;
February 1, 2019,
Susp.
Urbandale, City of, Dallas 190230 June 4, 1975, ......do.............. Do.
and Polk Counties. Emerg; June 15,
1979, Reg;
February 1, 2019,
Susp.
West Des Moines, City of, 190231 July 25, 1974, ......do.............. Do.
Dallas and Polk Counties. Emerg; November
1, 1979, Reg;
February 1, 2019,
Susp.
Windsor Heights, City of, 190687 October 7, 1977, ......do.............. Do.
Polk County. Emerg; June 15,
1979, Reg;
February 1, 2019,
Susp.
Region X
Idaho:
Cascade, City of, Valley 160161 August 13, 1976, ......do.............. Do.
County. Emerg; September
15, 1989, Reg;
February 1, 2019,
Susp.
Oregon:
Gresham, City of, 410181 January 21, 1974, ......do.............. Do.
Multnomah County. Emerg; July 16,
1979, Reg;
February 1, 2019,
Susp.
Troutdale, City of, 410184 June 13, 1974, ......do.............. Do.
Multnomah County. Emerg; September
30, 1988, Reg;
February 1, 2019,
Susp.
Wood Village, City of, 410185 March 3, 1975, ......do.............. Do.
Multnomah County. Emerg; November
20, 1985, Reg;
February 1, 2019,
Susp.
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*-do- =Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: January 28, 2019.
Eric Letvin,
Deputy Assistant Administrator for Mitigation, Federal Insurance and
Mitigation Administration--FEMA Resilience, Department of Homeland
Security, Federal Emergency Management Agency.
[FR Doc. 2019-00699 Filed 1-31-19; 8:45 am]
BILLING CODE 9110-12-P
