Suspension of Community Eligibility

Published date29 January 2021
Citation86 FR 7509
Record Number2021-01992
SectionRules and Regulations
CourtFederal Emergency Management Agency
Federal Register, Volume 86 Issue 18 (Friday, January 29, 2021)
[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
                [Rules and Regulations]
                [Pages 7509-7512]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-01992]
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                DEPARTMENT OF HOMELAND SECURITY
                Federal Emergency Management Agency
                44 CFR Part 64
                [Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8663]
                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. Information identifying the current participation status of a
                community can be obtained from FEMA's CSB available at www.fema.gov/flood-insurance/work-with-nfip/community-status-book. Please note that
                per Revisions to Publication Requirements for Community Eligibility
                Status Information Under the National Flood Insurance Program, notices
                such as this one for scheduled suspension will no longer be published
                in the Federal Register as of June 2021 but will be available at
                National Flood Insurance Community Status and Public
                Notification[bond]FEMA.gov. Individuals without internet access will be
                able to contact their local floodplain management official and/or State
                NFIP Coordinating Office directly for assistance.
                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. Details
                regarding updated publication requirements of community eligibility
                status information under the NFIP can be found on the CSB section at
                www.fema.gov.
                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, new and
                substantially improved construction, and development in general 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 NFIP regulations, 44 CFR part 59.
                Accordingly, the communities will be suspended on the effective date
                listed in the third column. As of that date, flood insurance will no
                longer be available in the community. FEMA recognizes communities may
                adopt and submit the required documentation 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. Their current NFIP participation status can be
                verified at anytime on the CSB section at fema.gov.
                 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 published FIRM 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.
                [[Page 7510]]
                 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/ Date certain federal
                 State and location Community cancellation of sale Current effective map date assistance no longer
                 No. of flood insurance available in SFHAs
                 in community
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                 Region I
                
                New Hampshire:
                 Exeter, Town of, Rockingham County. 330130 May 12, 1975, Emerg; January 29, 2021............. January 29, 2021.
                 May 17, 1982, Reg;
                 January 29, 2021,
                 Susp.
                 Greenland, Town of, Rockingham County. 330210 May 19, 1976, Emerg; ......do..................... Do.
                 May 17, 1989, Reg;
                 January 29, 2021,
                 Susp.
                 Hampton, Town of, Rockingham County. 330132 July 25, 1974, ......do..................... Do.
                 Emerg; July 3,
                 1986, Reg; January
                 29, 2021, Susp.
                 Hampton Falls, Town of, Rockingham County. 330133 October 31, 1975, ......do..................... Do.
                 Emerg; April 15,
                 1982, Reg; January
                 29, 2021, Susp.
                 New Castle, Town of, Rockingham County. 330135 September 10, 1975, ......do..................... Do.
                 Emerg; August 5,
                 1986, Reg; January
                 29, 2021, Susp.
                 Newfields, Town of, Rockingham County. 330228 July 26, 1978, ......do..................... Do.
                 Emerg; June 5,
                 1989, Reg; January
                 29, 2021, Susp.
                 Newington, Town of, Rockingham County. 330229 N/A, Emerg; July 27, ......do..................... Do.
                 2006, Reg; January
                 29, 2021, Susp.
                 Newmarket, Town of, Rockingham County. 330136 August 26, 1975, ......do..................... Do.
                 Emerg; May 2, 1991,
                 Reg; January 29,
                 2021, Susp.
                 North Hampton, Town of, Rockingham County. 330232 November 17, 1975, ......do..................... Do.
                 Emerg; June 3,
                 1986, Reg; January
                 29, 2021, Susp.
                 Portsmouth, City of, Rockingham County. 330139 July 10, 1975, ......do..................... Do.
                 Emerg; May 17,
                 1982, Reg; January
                 29, 2021, Susp.
                 Rye, Town of, Rockingham County. 330141 September 8, 1975, ......do..................... Do.
                 Emerg; June 17,
                 1986, Reg; January
                 29, 2021, Susp.
                 Seabrook, Town of, Rockingham County. 330143 March 30, 1978, ......do..................... Do.
                 Emerg; June 17,
                 1986, Reg; January
                 29, 2021, Susp.
                 Seabrook Beach Village District, Rockingham 330854 N/A, Emerg; ......do..................... Do.
                 County. September 17, 1986,
                 Reg; January 29,
                 2021, Susp.
                 Stratham, Town of, Rockingham County. 330197 September 26, 1977, ......do..................... Do.
                 Emerg; May 17,
                 1989, Reg; January
                 29, 2021, Susp.
                 Village District of Little Boar's Head, Rockingham 330856 N/A, Emerg; June 27, ......do..................... Do.
                 County. 2017, Reg; January
                 29, 2021, Susp.
                
                 Region III
                
                Virginia:
                [[Page 7511]]
                
                 Frederick County, Unincorporated Areas. 510063 November 5, 1973, ......do..................... Do.
                 Emerg; July 17,
                 1978, Reg; January
                 29, 2021, Susp.
                 Middletown, Town of, Frederick County. 510274 February 24, 1975, ......do..................... Do.
                 Emerg; August 3,
                 1984, Reg; January
                 29, 2021, Susp.
                 Stephens City, Town of, Frederick County. 510064 June 17, 1975, ......do..................... Do.
                 Emerg; September
                 10, 1984, Reg;
                 January 29, 2021,
                 Susp.
                 Winchester, City of, Independent City. 510173 September 6, 1974, ......do..................... Do.
                 Emerg; November 15,
                 1978, Reg; January
                 29, 2021, Susp.
                
                 Region IV
                
                Kentucky:
                 Bell County, Unincorporated Areas. 210010 March 28, 1975, ......do..................... Do.
                 Emerg; February 18,
                 1981, Reg; January
                 29, 2021, Susp.
                 Boyd County, Unincorporated Areas. 210016 December 12, 1975, ......do..................... Do.
                 Emerg; December 2,
                 1980, Reg; January
                 29, 2021, Susp.
                 Pineville, City of, Bell County. 210012 November 21, 1973, ......do..................... Do.
                 Emerg; June 1,
                 1978, Reg; January
                 29, 2021, Susp.
                South Carolina:
                 Awendaw, Town of, Charleston County. 450262 N/A, Emerg; June 28, ......do..................... Do.
                 1993, Reg; January
                 29, 2021, Susp.
                 Charleston, City of, Berkeley and Charleston 455412 October 30, 1970, ......do..................... Do.
                 Counties. Emerg; April 9,
                 1971, Reg; January
                 29, 2021, Susp.
                 Folly Beach, City of, Charleston County. 455415 September 11, 1970, ......do..................... Do.
                 Emerg; April 2,
                 1971, Reg; January
                 29, 2021, Susp.
                 Hollywood, Town of, Charleston County. 450037 February 18, 1986, ......do..................... Do.
                 Emerg; June 17,
                 1986, Reg; January
                 29, 2021, Susp.
                 Isle of Palms, City of, Charleston County. 455416 September 4, 1970, ......do..................... Do.
                 Emerg; April 2,
                 1971, Reg; January
                 29, 2021, Susp.
                 James Island, Town of, Charleston County. 450263 June 30, 1970, ......do..................... Do.
                 Emerg; July 10,
                 2017, Reg; January
                 29, 2021, Susp.
                 Kiawah Island, Town of, Charleston County. 450257 June 30, 1970, ......do..................... Do.
                 Emerg; April 23,
                 1971, Reg; January
                 29, 2021, Susp.
                 McClellanville, Town of, Charleston County. 450039 December 16, 1975, ......do..................... Do.
                 Emerg; March 16,
                 1981, Reg; January
                 29, 2021, Susp.
                 Rockville, Town of, Charleston County. 450249 N/A, Emerg; March 9, ......do..................... Do.
                 1998, Reg; January
                 29, 2021, Susp.
                 Sullivan's Island, Town of, Charleston County. 455418 September 18, 1970, ......do..................... Do.
                 Emerg; April 2,
                 1971, Reg; January
                 29, 2021, Susp.
                
                 Region V
                
                Indiana: Evansville, City of, Vanderburgh County. 180257 June 25, 1971, ......do..................... Do.
                 Emerg; October 15,
                 1981, Reg; January
                 29, 2021, Susp.
                
                 Region VI
                
                Texas:
                 Fort Bend County, Unincorporated Areas. 480228 N/A, Emerg; March ......do..................... Do.
                 19, 1987, Reg;
                 January 29, 2021,
                 Susp.
                 Fulshear, City of, Fort Bend County. 481488 April 3, 1981, ......do..................... Do.
                 Emerg; July 31,
                 1981, Reg; January
                 29, 2021, Susp.
                 Rosenberg, City of, Fort Bend County. 480232 July 21, 1975, ......do..................... Do.
                 Emerg; December 4,
                 1984, Reg; January
                 29, 2021, Susp.
                 Simonton, City of, Fort Bend County. 481564 March 4, 1980, ......do..................... Do.
                 Emerg; August 4,
                 1987, Reg; January
                 29, 2021, Susp.
                
                [[Page 7512]]
                
                 Region VII
                
                Iowa:
                 Bremer County, Unincorporated Areas. 190847 August 12, 1980, ......do..................... Do.
                 Emerg; July 16,
                 1990, Reg; January
                 29, 2021, Susp.
                 Chillicothe, City of, Wapello County. 190269 January 25, 2007, ......do..................... Do.
                 Emerg; N/A, Reg;
                 January 29, 2021,
                 Susp.
                 Denver, City of, Bremer County. 190026 May 27, 1975, Emerg; ......do..................... Do.
                 July 16, 1990, Reg;
                 January 29, 2021,
                 Susp.
                 Dunlap, City of, Harrison County. 190144 June 25, 1975, ......do..................... Do.
                 Emerg; September
                 18, 1985, Reg;
                 January 29, 2021,
                 Susp.
                 Eddyville, City of, Mahaska, Monroe and Wapello 190270 October 20, 1975, ......do..................... Do.
                 Counties. Emerg; August 1,
                 1987, Reg; January
                 29, 2021, Susp.
                 Eldon, City of, Wapello County. 190271 January 27, 1976, ......do..................... Do.
                 Emerg; May 1, 1987,
                 Reg; January 29,
                 2021, Susp.
                 Frederika, City of, Bremer County. 190027 N/A, Emerg; December ......do..................... Do.
                 7, 1990, Reg;
                 January 29, 2021,
                 Susp.
                 Harrison County, Unincorporated Areas. 190143 January 14, 1998, ......do..................... Do.
                 Emerg; August 9,
                 2000, Reg; January
                 29, 2021, Susp.
                 Janesville, City of, Bremer and Black Hawk 190023 May 28, 1982, Emerg; ......do..................... Do.
                 Counties. July 16, 1990, Reg;
                 January 29, 2021,
                 Susp.
                 Little Sioux, City of, Harrison County. 190145 September 25, 1975, ......do..................... Do.
                 Emerg; August 19,
                 1985, Reg; January
                 29, 2021, Susp.
                 Missouri Valley, City of, Harrison County. 190147 May 26, 1972, Emerg; ......do..................... Do.
                 August 1, 1977,
                 Reg; January 29,
                 2021, Susp.
                 Modale, City of, Harrison County. 190148 April 18, 2012, ......do..................... Do.
                 Emerg; April 27,
                 2012, Reg; January
                 29, 2021, Susp.
                 Mondamin, City of, Harrison County. 190149 May 22, 1975, Emerg; ......do..................... Do.
                 June 10, 1980, Reg;
                 January 29, 2021,
                 Susp.
                 Plainfield, City of, Bremer County. 190327 June 18, 1979, ......do..................... Do.
                 Emerg; March 1,
                 1986, Reg; January
                 29, 2021, Susp.
                 Sumner, City of, Bremer County. 190029 August 8, 1975, ......do..................... Do.
                 Emerg; July 16,
                 1990, Reg; January
                 29, 2021, Susp.
                 Tripoli, City of, Bremer County. 190669 N/A, Emerg; ......do..................... Do.
                 September 28, 1994,
                 Reg; January 29,
                 2021, Susp.
                 Wapello County, Unincorporated Areas. 190911 May 23, 1983, Emerg; ......do..................... Do.
                 June 1, 1987, Reg;
                 January 29, 2021,
                 Susp.
                 Waverly, City of, Bremer County. 190030 May 2, 1975, Emerg; ......do..................... Do.
                 March 2, 1981, Reg;
                 January 29, 2021,
                 Susp.
                Kansas:
                 Hutchinson, City of, Reno County. 200283 January 19, 1973, ......do..................... Do.
                 Emerg; September 5,
                 1978, Reg; January
                 29, 2021, Susp.
                 Nickerson, City of, Reno County. 200284 January 16, 1975, ......do..................... Do.
                 Emerg; January 3,
                 1979, Reg; January
                 29, 2021, Susp.
                 South Hutchinson, City of, Reno County. 200530 August 7, 1975, ......do..................... Do.
                 Emerg; September
                 28, 1990, Reg;
                 January 29, 2021,
                 Susp.
                 Willowbrook, City of, Reno County. 200285 May 1, 1975, Emerg; ......do..................... Do.
                 August 1, 1986,
                 Reg; January 29,
                 2021, Susp.
                Missouri: Wayland, City of, Clark County. 290084 September 4, 1975, ......do..................... Do.
                 Emerg; September 4,
                 1986, Reg; January
                 29, 2021, Susp.
                
                 Region IX
                
                California:
                 Ojai, City of, Ventura County. 060416 June 18, 1975, ......do..................... Do.
                 Emerg; October 17,
                 1978, Reg; January
                 29, 2021, Susp.
                 Port Hueneme, City of, Ventura County. 065051 May 14, 1971, Emerg; ......do..................... Do.
                 September 24, 1984,
                 Reg; January 29,
                 2021, Susp.
                 San Buenaventura, City of, Ventura County. 060419 November 27, 1970, ......do..................... Do.
                 Emerg; September
                 29, 1986, Reg;
                 January 29, 2021,
                 Susp.
                --------------------------------------------------------------------------------------------------------------------------------------------------------
                * 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. 2021-01992 Filed 1-28-21; 8:45 am]
                BILLING CODE 9110-12-P
                

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