Suspension of Community Eligibility

Cited as:85 FR 41195
Court:Federal Emergency Management Agency
Publication Date:09 Jul 2020
Record Number:2020-14380
Federal Register, Volume 85 Issue 132 (Thursday, July 9, 2020)
[Federal Register Volume 85, Number 132 (Thursday, July 9, 2020)]
                [Rules and Regulations]
                [Pages 41195-41197]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-14380]
                =======================================================================
                -----------------------------------------------------------------------
                DEPARTMENT OF HOMELAND SECURITY
                Federal Emergency Management Agency
                44 CFR Part 64
                [Docket ID FEMA-2020-0005; Internal Agency Docket No. FEMA-8635]
                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
                [[Page 41196]]
                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 III
                
                Pennsylvania:
                 Bethel, Township of, 420967 January 23, 1974, July 8, 2020.......... July 8, 2020.
                 Lebanon County. Emerg; September
                 30, 1981, Reg;
                 July 8, 2020,
                 Susp.
                 Cleona, Borough of, 420571 March 9, 1973, ......do *............ Do.
                 Lebanon County. Emerg; April 1,
                 1977, Reg; July
                 8, 2020, Susp.
                 Cornwall, Borough of, 420968 April 17, 1973, ......do.............. Do.
                 Lebanon County. Emerg; August 5,
                 1985, Reg; July
                 8, 2020, Susp.
                 East Hanover, Township of, 421012 April 10, 1973, ......do.............. Do.
                 Lebanon County. Emerg; August 15,
                 1979, Reg; July
                 8, 2020, Susp.
                 Heidelberg, Township of, 420969 August 27, 1973, ......do.............. Do.
                 Lebanon County. Emerg; January
                 20, 1982, Reg;
                 July 8, 2020,
                 Susp.
                 Jonestown, Borough of, 420572 December 29, 1972, ......do.............. Do.
                 Lebanon County. Emerg; December
                 4, 1979, Reg;
                 July 8, 2020,
                 Susp.
                 Lebanon, City of, Lebanon 420573 January 26, 1973, ......do.............. Do.
                 County. Emerg; December
                 4, 1979, Reg;
                 July 8, 2020,
                 Susp.
                 Millcreek, Township of, 420574 August 27, 1973, ......do.............. Do.
                 Lebanon County. Emerg; November
                 18, 1983, Reg;
                 July 8, 2020,
                 Susp.
                 Mount Gretna, Borough of, 421851 June 7, 1974, ......do.............. Do.
                 Lebanon County. Emerg; November
                 30, 1978, Reg;
                 July 8, 2020,
                 Susp.
                 Myerstown, Borough of, 420575 August 27, 1973, ......do.............. Do.
                 Lebanon County. Emerg; July 5,
                 1977, Reg; July
                 8, 2020, Susp.
                 North Cornwall, Township 420576 March 16, 1973, ......do.............. Do.
                 of, Lebanon County. Emerg; January 2,
                 1981, Reg; July
                 8, 2020, Susp.
                 North Londonderry, 420577 August 29, 1973, ......do.............. Do.
                 Township of, Lebanon Emerg; September
                 County. 28, 1979, Reg;
                 July 8, 2020,
                 Susp.
                 Palmyra, Borough of, 420578 February 15, 1974, ......do.............. Do.
                 Lebanon County. Emerg; May 26,
                 1978, Reg; July
                 8, 2020, Susp.
                 South Lebanon, Township 420581 March 16, 1973, ......do.............. Do.
                 of, Lebanon County. Emerg; December
                 15, 1981, Reg;
                 July 8, 2020,
                 Susp.
                 South Londonderry, 421043 February 15, 1974, July 8, 2020.......... July 8, 2020.
                 Township of, Lebanon Emerg; March 4,
                 County. 1986, Reg; July
                 8, 2020, Susp.
                 Swatara, Township of, 420582 August 9, 1973, ......do.............. Do.
                 Lebanon County. Emerg; December
                 1, 1981, Reg;
                 July 8, 2020,
                 Susp.
                 West Cornwall, Township 420583 March 23, 1973, ......do.............. Do.
                 of, Lebanon County. Emerg; December
                 14, 1979, Reg;
                 July 8, 2020,
                 Susp.
                ----------------------------------------------------------------------------------------------------------------
                * ......do = Ditto.
                Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension.
                [[Page 41197]]
                Katherine B. Fox,
                Assistant Administrator for Mitigation, Federal Insurance and
                Mitigation Administration--FEMA Resilience,Department of Homeland
                Security, Federal Emergency Management Agency.
                [FR Doc. 2020-14380 Filed 7-8-20; 8:45 am]
                BILLING CODE 9110-12-P