Suspension of Community Eligibility
| Published date | 29 May 2019 |
| Citation | 84 FR 24726 |
| Record Number | 2019-11166 |
| Section | Rules and Regulations |
| Court | Federal Emergency Management Agency |
Federal Register, Volume 84 Issue 103 (Wednesday, May 29, 2019)
[Federal Register Volume 84, Number 103 (Wednesday, May 29, 2019)]
[Rules and Regulations]
[Pages 24726-24729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11166]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
44 CFR Part 64
[Docket ID FEMA-2019-0003; Internal Agency Docket No. FEMA-8581]
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
[[Page 24727]]
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]
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:
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
Region II
New York:
Akron, Village of, Erie 361553 May 2, 1975, June 7, 2019.......... June 7, 2019.
County. Emerg; November
19, 1980, Reg;
June 7, 2019,
Susp.
[[Page 24728]]
Alden, Town of, Erie 360225 December 26, 1973, ......do *............ Do.
County. Emerg; June 1,
1981, Reg; June
7, 2019, Susp.
Alden, Village of, Erie 360224 August 28, 1974, ......do.............. Do.
County. Emerg; January 6,
1984, Reg; June
7, 2019, Susp.
Amherst, Town of, Erie 360226 August 9, 1974, ......do.............. Do.
County. Emerg; December
18, 1984, Reg;
June 7, 2019,
Susp.
Angola, Village of, Erie 360982 April 14, 1975, ......do.............. Do.
County. Emerg; May 18,
1979, Reg; June
7, 2019, Susp.
Blasdell, Village of, Erie 361489 December 16, 1975, ......do.............. Do.
County. Emerg; June 25,
1976, Reg; June
7, 2019, Susp.
Brant, Town of, Erie 360229 August 4, 1975, ......do.............. Do.
County. Emerg; January 6,
1984, Reg; June
7, 2019, Susp.
Buffalo, City of, Erie 360230 January 16, 1974, ......do.............. Do.
County. Emerg; November
18, 1981, Reg;
June 7, 2019,
Susp.
Cheektowaga, Town of, Erie 360231 February 4, 1972, ......do.............. Do.
County. Emerg; July 5,
1977, Reg; June
7, 2019, Susp.
Clarence, Town of, Erie 360232 April 4, 1975, ......do.............. Do.
County. Emerg; April 1,
1982, Reg; June
7, 2019, Susp.
Colden, Town of, Erie 360233 May 27, 1975, ......do.............. Do.
County. Emerg; July 2,
1979, Reg; June
7, 2019, Susp.
Collins, Town of, Erie 360234 May 26, 1972, ......do.............. Do.
County. Emerg; May 16,
1977, Reg; June
7, 2019, Susp.
Concord, Town of, Erie 360235 July 1, 1975, ......do.............. Do.
County. Emerg; February
27, 1984, Reg;
June 7, 2019,
Susp.
Depew, Village of, Erie 360236 December 24, 1974, ......do.............. Do.
County. Emerg; August 3,
1981, Reg; June
7, 2019, Susp.
East Aurora, Village of, 365335 December 23, 1971, ......do.............. Do.
Erie County. Emerg; July 20,
1973, Reg; June
7, 2019, Susp.
Elma, Town of, Erie County 360239 February 4, 1972, ......do.............. Do.
Emerg; June 1,
1977, Reg; June
7, 2019, Susp.
Evans, Town of, Erie 360240 April 21, 1972, June 7, 2019.......... June 7, 2019.
County. Emerg; September
30, 1977, Reg;
June 7, 2019,
Susp.
Gowanda, Village of, 360075 June 23, 1972, ......do.............. Do.
Cattaraugus and Erie Emerg; June 1,
Counties. 1977, Reg; June
7, 2019, Susp.
Grand Island, Town of, 360242 September 6, 1974, ......do.............. Do.
Erie County. Emerg; January
16, 1980, Reg;
June 7, 2019,
Susp.
Hamburg, Town of, Erie 360244 May 23, 1974, ......do.............. Do.
County. Emerg; November
19, 1980, Reg;
June 7, 2019,
Susp.
Hamburg, Village of, Erie 360243 February 17, 1977, ......do.............. Do.
County. Emerg; January
20, 1982, Reg;
June 7, 2019,
Susp.
Holland, Town of, Erie 360245 July 23, 1975, ......do.............. Do.
County. Emerg; May 1,
1979, Reg; June
7, 2019, Susp.
Lancaster, Town of, Erie 360249 May 16, 1974, ......do.............. Do.
County. Emerg; December
1, 1981, Reg;
June 7, 2019,
Susp.
Lancaster, Village of, 360248 May 19, 1975, ......do.............. Do.
Erie County. Emerg; July 2,
1979, Reg; June
7, 2019, Susp.
Marilla, Town of, Erie 360250 July 18, 1975, ......do.............. Do.
County. Emerg; September
29, 1978, Reg;
June 7, 2019,
Susp.
Newstead, Town of, Erie 360251 July 18, 1975, ......do.............. Do.
County. Emerg; November
19, 1980, Reg;
June 7, 2019,
Susp.
Orchard Park, Town of, 360255 August 1, 1975, ......do.............. Do.
Erie County. Emerg; March 16,
1983, Reg; June
7, 2019, Susp.
Orchard Park, Village of, 360254 July 3, 1975, ......do.............. Do.
Erie County. Emerg; September
2, 1981, Reg;
June 7, 2019,
Susp.
Tonawanda, City of, Erie 360259 August 21, 1974, ......do.............. Do.
County. Emerg; August 1,
1979, Reg; June
7, 2019, Susp.
Tonawanda, Town of, Erie 360260 July 28, 1975, ......do.............. Do.
County. Emerg; August 17,
1981, Reg; June
7, 2019, Susp.
Wales, Town of, Erie 360261 July 23, 1975, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; June
7, 2019, Susp.
West Seneca, Town of, Erie 360262 March 31, 1972, ......do.............. Do.
County. Emerg; February
2, 1977, Reg;
June 7, 2019,
Susp.
Williamsville, Village of, 360263 July 12, 1974, ......do.............. Do.
Erie County. Emerg; March 1,
1982, Reg; June
7, 2019, Susp.
Region IV
Georgia:
Aragon, City of, Polk 130152 December 19, 1973, June 7, 2019.......... June 7, 2019.
County. Emerg; September
2, 1988, Reg;
June 7, 2019,
Susp.
[[Page 24729]]
Canton, City of, Cherokee 130039 April 25, 1975, ......do.............. Do.
County. Emerg; July 15,
1988, Reg; June
7, 2019, Susp.
Cherokee County, 130424 February 9, 1976, ......do.............. Do.
Unincorporated Areas. Emerg; July 15,
1988, Reg; June
7, 2019, Susp.
Columbia County, 130059 October 2, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; May 1,
1980, Reg; June
7, 2019, Susp.
Cumming, City of, Forsyth 130236 July 23, 1975, ......do.............. Do.
County. Emerg; August 1,
1986, Reg; June
7, 2019, Susp.
Dallas, City of, Paulding 130372 December 5, 1996, ......do.............. Do.
County. Emerg; November
8, 1999, Reg;
June 7, 2019,
Susp.
Grovetown, City of, 130265 June 1, 1976, ......do.............. Do.
Columbia County. Emerg; January
28, 1977, Reg;
June 7, 2019,
Susp.
Polk County, 130256 October 7, 1974, ......do.............. Do.
Unincorporated Areas. Emerg; December
16, 1988, Reg;
June 7, 2019,
Susp.
Rockmart, City of, Polk 130154 July 3, 1975, ......do.............. Do.
County. Emerg; March 4,
1988, Reg; June
7, 2019, Susp.
Woodstock, City of, 130264 January 20, 1976, ......do.............. Do.
Cherokee County. Emerg; July 15,
1988, Reg; June
7, 2019, Susp.
Region VI
Arkansas:
Jacksonville, City of, 050180 November 26, 1973, ......do.............. Do.
Pulaski County. Emerg; September
29, 1978, Reg;
June 7, 2019,
Susp.
Little Rock, City of, 050181 March 16, 1973, ......do.............. Do.
Pulaski County. Emerg; March 4,
1980, Reg; June
7, 2019, Susp.
Oklahoma:
Enid, City of, Garfield 400062 November 2, 1973, ......do.............. Do.
County. Emerg; March 15,
1979, Reg; June
7, 2019, Susp.
Kingfisher, City of, 400082 December 23, 1971, ......do.............. Do.
Kingfisher County. Emerg; September
30, 1976, Reg;
June 7, 2019,
Susp.
Kingfisher County, 400471 January 9, 1987, ......do.............. Do.
Unincorporated Areas. Emerg; September
18, 1991, Reg;
June 7, 2019,
Susp.
Piedmont, City of, 400027 February 4, 1985, June 7, 2019.......... June 7, 2019.
Canadian and Kingfisher Emerg; February
Counties. 4, 1985, Reg;
June 7, 2019,
Susp.
Region X
Idaho:
Canyon County, 160208 June 17, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; September
28, 1984, Reg;
June 7, 2019,
Susp.
Middleton, City of, Canyon 160037 May 22, 1975, ......do.............. Do.
County. Emerg; September
3, 1980, Reg;
June 7, 2019,
Susp.
Notus, City of, Canyon 160147 October 4, 1976, ......do.............. Do.
County. Emerg; March 18,
1980, Reg; June
7, 2019, Susp.
Parma, City of, Canyon 160039 July 27, 1976, ......do.............. Do.
County. Emerg; September
30, 1980, Reg;
June 7, 2019,
Susp.
Star, City of, Ada and 160236 N/A, Emerg; ......do.............. Do.
Canyon Counties. September 6,
2002, Reg; June
7, 2019, Susp.
Washington:
Hoh Indian Tribe, Tribe 530329 April 25, 1997, ......do.............. Do.
of, Jefferson County. Emerg; N/A, Reg;
June 7, 2019,
Susp.
Jefferson County, 530069 April 2, 1975, ......do.............. Do.
Unincorporated Areas. Emerg; July 19,
1982, Reg; June
7, 2019, Susp.
Port Townsend, City of, 530070 June 11, 1975, June 7, 2019.......... June 7, 2019.
Jefferson County. Emerg; March 15,
1982, Reg; June
7, 2019, Susp.
----------------------------------------------------------------------------------------------------------------
* ......do and Do = Ditto.
Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
Dated: May 17, 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. 2019-11166 Filed 5-28-19; 8:45 am]
BILLING CODE 9110-12-P
