Suspension of Community Eligibility
| Published date | 01 April 2020 |
| Citation | 85 FR 18129 |
| Record Number | 2020-06495 |
| Section | Rules and Regulations |
| Court | Federal Emergency Management Agency |
Federal Register, Volume 85 Issue 63 (Wednesday, April 1, 2020)
[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Rules and Regulations]
[Pages 18129-18131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-06495]
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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-8623]
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
[[Page 18130]]
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:
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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 I
Connecticut:
North Stonington, Town of, 090101 September 15, April 3, 2020......... April 3, 2020.
New London County. 1975, Emerg;
April 3, 1985,
Reg; April 3,
2020, Susp.
Stonington, Town of, New 090106 May 28, 1975, ......do *............ Do.
London County. Emerg; September
30, 1980, Reg;
April 3, 2020,
Susp.
Voluntown, Town of, New 090143 July 17, 1975, ......do.............. Do.
London County. Emerg; June 3,
1988, Reg; April
3, 2020, Susp.
Rhode Island:
Charlestown, Town of, 445395 October 30, 1970, ......do.............. Do.
Washington County. Emerg; July 13,
1972, Reg; April
3, 2020, Susp.
Coventry, Town of, Kent 440004 November 21, 1973, ......do.............. Do.
County. Emerg; September
1, 1978, Reg;
April 3, 2020,
Susp.
Exeter, Town of, 440032 February 4, 1976, ......do.............. Do.
Washington County. Emerg; March 1,
1982, Reg; April
3, 2020, Susp.
Hopkinton, Town of, 440028 September 8, 1975, ......do.............. Do.
Washington County. Emerg; March 16,
1981, Reg; April
3, 2020, Susp.
Narragansett, Town of, 445402 September 18, ......do.............. Do.
Washington County. 1970, Emerg;
December 3, 1971,
Reg; April 3,
2020, Susp.
Narragansett Indian Tribe, 445414 N/A, Emerg; ......do.............. Do.
Tribal Nation, Washington February 14,
County. 2005, Reg; April
3, 2020, Susp.
North Kingstown, Town of, 445404 September 18, ......do.............. Do.
Washington County. 1970, Emerg; July
14, 1972, Reg;
April 3, 2020,
Susp.
Richmond, Town of, 440031 July 7, 1975, ......do.............. Do.
Washington County. Emerg; November
5, 1980, Reg;
April 3, 2020,
Susp.
South Kingstown, Town of, 445407 September 11, ......do.............. Do.
Washington County. 1970, Emerg; June
23, 1972, Reg;
April 3, 2020,
Susp.
[[Page 18131]]
West Greenwich, Town of, 440037 October 10, 1975, ......do.............. Do.
Kent County. Emerg; January 3,
1986, Reg; April
3, 2020, Susp.
Westerly, Town of, 445410 August 14, 1970, ......do.............. Do.
Washington County. Emerg; July 28,
1972, Reg; April
3, 2020, Susp.
Region II
New Jersey:
Belleville, Township of, 340177 June 28, 1973, ......do.............. Do.
Essex County. Emerg; September
28, 1979, Reg;
April 3, 2020,
Susp.
Bloomfield, Township of, 340178 May 12, 1972, ......do.............. Do.
Essex County. Emerg; August 15,
1977, Reg; April
3, 2020, Susp.
Caldwell, Borough of, 340584 April 4, 2000, ......do.............. Do.
Essex County. Emerg; June 4,
2007, Reg; April
3, 2020, Susp.
Cedar Grove, Township of, 340180 March 15, 1974, ......do.............. Do.
Essex County. Emerg; February
1, 1980, Reg;
April 3, 2020,
Susp.
East Orange, City of, 340181 July 14, 1972, ......do.............. Do.
Essex County. Emerg; February
2, 1977, Reg;
April 3, 2020,
Susp.
Essex Fells, Borough of, 340575 July 28, 1975, ......do.............. Do.
Essex County. Emerg; January 2,
1980, Reg; April
3, 2020, Susp.
Glen Ridge, Borough of, 340183 April 15, 1975, ......do.............. Do.
Essex County. Emerg; April 3,
1984, Reg; April
3, 2020, Susp.
Newark, City of, Essex 340189 November 3, 1972, ......do.............. Do.
County. Emerg; March 28,
1980, Reg; April
3, 2020, Susp.
North Caldwell, Borough 340190 May 2, 1975, ......do.............. Do.
of, Essex County. Emerg; April 3,
1985, Reg; April
3, 2020, Susp.
Nutley, Township of, Essex 340191 June 30, 1972, ......do.............. Do.
County. Emerg; April 15,
1977, Reg; April
3, 2020, Susp.
Orange Township, City of, 340192 October 2, 1973, ......do.............. Do.
Essex County. Emerg; June 15,
1984, Reg; April
3, 2020, Susp.
Roseland, Borough of, 340193 July 31, 1975, ......do.............. Do.
Essex County. Emerg; September
2, 1981, Reg;
April 3, 2020,
Susp.
Verona, Township of, Essex 340195 February 23, 1973, ......do.............. Do.
County. Emerg; February
15, 1980, Reg;
April 3, 2020,
Susp.
Region III
Maryland:
Barton, Town of, Allegany 240002 June 13, 1975, ......do.............. Do.
County. Emerg; September
28, 1979, Reg;
April 3, 2020,
Susp.
Cumberland, City of, 240003 January 23, 1974, ......do.............. Do.
Allegany County. Emerg; September
1, 1978, Reg;
April 3, 2020,
Susp.
Frostburg, City of, 240004 April 17, 1975, ......do.............. Do.
Allegany County. Emerg; December
18, 1979, Reg;
April 3, 2020,
Susp.
Lonaconing, Town of, 240005 June 19, 1975, ......do.............. Do.
Allegany County. Emerg; September
28, 1979, Reg;
April 3, 2020,
Susp.
Midland, Town of, Allegany 240006 June 2, 1975, ......do.............. Do.
County. Emerg; August 15,
1979, Reg; April
3, 2020, Susp.
Westernport, Town of, 240007 February 19, 1975, ......do.............. Do.
Allegany County. Emerg; July 16,
1979, Reg; April
3, 2020, Susp.
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*-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. 2020-06495 Filed 3-31-20; 8:45 am]
BILLING CODE 9110-12-P
