Suspension of Community Eligibility
Published date | 17 March 2021 |
Citation | 86 FR 14545 |
Record Number | 2021-05406 |
Section | Rules and Regulations |
Court | Federal Emergency Management Agency,Homeland Security Department |
Federal Register, Volume 86 Issue 50 (Wednesday, March 17, 2021)
[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)] [Rules and Regulations] [Pages 14545-14549] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2021-05406] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA-2021-0003; Internal Agency Docket No. FEMA-8671] 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 [[Page 14546]] 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 [verbar] 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. 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 14547]] ---------------------------------------------------------------------------------------------------------------- Effective date authorization/ Community cancellation of Current effective map Date certain federal State and location No. sale of flood date assist ance no longer insurance in available in SFHAs community ---------------------------------------------------------------------------------------------------------------- Region 3 Virginia: Greene County, 510200 April 11, 1974, March 23, 2021........ March 23, 2021. Unincorporated Areas. Emerg; September 10, 1984, Reg; March 23, 2021, Susp. Stanardsville, Town of, 510251 June 19, 1974, ......do.............. Do. Greene County. Emerg; December 26, 1978, Reg; March 23, 2021, Susp. Region 4 Kentucky: Crestwood, City of, Oldham 210027 N/A, Emerg; July ......do.............. Do. County. 27, 2006, Reg; March 23, 2021, Susp. Oldham County, 210185 March 10, 1972, ......do.............. Do. Unincorporated Areas. Emerg; August 19, 1987, Reg; March 23, 2021, Susp. Orchard Grass Hills, City 210398 N/A, Emerg; ......do.............. Do. of, Oldham County. November 28, 2007, Reg; March 23, 2021, Susp. Mississippi: Bolivar County, 280011 May 4, 1973, ......do.............. Do. Unincorporated Areas. Emerg; July 17, 1989, Reg; March 23, 2021, Susp. Isola, Town of, Humphreys 280190 January 14, 1974, ......do.............. Do. County. Emerg; July 3, 1978, Reg; March 23, 2021, Susp. Moorhead, City of, 280166 May 24, 1973, ......do.............. Do. Sunflower County. Emerg; April 17, 1978, Reg; March 23, 2021, Susp. Renova, Town of, Bolivar 280065 July 10, 2012, ......do.............. Do. County. Emerg; March 21, 2017, Reg; March 23, 2021, Susp. Sharkey County, 280152 May 14, 1973, ......do.............. Do. Unincorporated Areas. Emerg; July 17, 1986, Reg; March 23, 2021, Susp. Sunflower, Town of, 280168 May 14, 1973, ......do.............. Do. Sunflower County. Emerg; July 17, 1978, Reg; March 23, 2021, Susp. Sunflower County, 280195 May 4, 1973, ......do.............. Do. Unincorporated Areas. Emerg; September 28, 1979, Reg; March 23, 2021, Susp. Washington County, 280177 May 4, 1973, ......do.............. Do. Unincorporated Areas. Emerg; September 3, 1980, Reg; March 23, 2021, Susp. South Carolina: Beaufort, City of, 450026 November 27, 1970, ......do.............. Do. Beaufort County. Emerg; May 2, 1977, Reg; March 23, 2021, Susp. Bluffton, Town of, 450251 N/A, Emerg; August ......do.............. Do. Beaufort County. 24, 1993, Reg; March 23, 2021, Susp. Hardeeville, City of, 450113 May 27, 1975, ......do.............. Do. Beaufort and Jasper Emerg; September Counties. 1, 1987, Reg; March 23, 2021, Susp. Hilton Head Island, Town 450250 October 9, 1970, ......do.............. Do. of, Beaufort County. Emerg; September 12, 1984, Reg; March 23, 2021, Susp. Port Royal, Town of, 450028 September 10, ......do.............. Do. Beaufort County. 1971, Emerg; April 15, 1977, Reg; March 23, 2021, Susp. Yemassee, Town of, 450103 June 17, 1975, ......do.............. Do. Beaufort and Hampton Emerg; September Counties. 1, 1986, Reg; March 23, 2021, Susp. Region 5 Michigan: Blaine, Township of, 260027 N/A, Emerg; ......do.............. Do. Benzie County. October 21, 2009, Reg; March 23, 2021, Susp. Frankfort, City of, Benzie 260029 October 30, 1974, ......do.............. Do. County. Emerg; March 18, 1991, Reg; March 23, 2021, Susp. Lake, Township of, Benzie 260030 July 17, 1974, ......do.............. Do. County. Emerg; June 5, 1989, Reg; March 23, 2021, Susp. Minnesota: Alvarado, City of, 270267 April 15, 1975, ......do.............. Do. Marshall County. Emerg; January 16, 1981, Reg; March 23, 2021, Susp. [[Page 14548]] Argyle, City of, Marshall 270268 April 24, 1974, ......do.............. Do. County. Emerg; December 15, 1982, Reg; March 23, 2021, Susp. Grygla, City of, Marshall 270269 May 24, 1974, ......do.............. Do. County. Emerg; September 30, 1982, Reg; March 23, 2021, Susp. Marshall County, 270638 May 15, 1974, ......do.............. Do. Unincorporated Areas. Emerg; July 18, 1983, Reg; March 23, 2021, Susp. Middle River, City of, 270270 August 22, 1983, ......do.............. Do. Marshall County. Emerg; February 1, 1984, Reg; March 23, 2021, Susp. Newfolden, City of, 270271 July 24, 1974, ......do.............. Do. Marshall County. Emerg; June 22, 1984, Reg; March 23, 2021, Susp. Oslo, City of, Marshall 270272 May 15, 1974, ......do.............. Do. County. Emerg; September 16, 1982, Reg; March 23, 2021, Susp. Stephen, City of, Marshall 270273 April 26, 1974, ......do.............. Do. County. Emerg; September 16, 1982, Reg; March 23, 2021, Susp. Warren, City of, Marshall 270274 May 15, 1974, ......do.............. Do. County. Emerg; February 18, 1981, Reg; March 23, 2021, Susp. Region 7 Iowa: Bettendorf, City of, Scott 190240 February 4, 1972, ......do.............. Do. County. Emerg; June 1, 1978, Reg; March 23, 2021, Susp. Buffalo, City of, Scott 190241 September 26, ......do.............. Do. County. 1974, Emerg; September 17, 1980, Reg; March 23, 2021, Susp. Davenport, City of, Scott 190242 July 25, 1973, ......do.............. Do. County. Emerg; March 1, 1978, Reg; March 23, 2021, Susp. Donahue, City of, Scott 190505 February 10, 1988, ......do.............. Do. County. Emerg; May 1, 1990, Reg; March 23, 2021, Susp. Eldridge, City of, Scott 190574 October 30, 1990, ......do.............. Do. County. Emerg; September 1, 1991, Reg; March 23, 2021, Susp. Le Claire, City of, Scott 190243 August 8, 1974, ......do.............. Do. County. Emerg; August 15, 1980, Reg; March 23, 2021, Susp. McCausland, City of, Scott 190771 N/A, Emerg; August ......do.............. Do. County. 7, 2012, Reg; March 23, 2021, Susp. Panorama Park, City of, 190506 N/A, Emerg; ......do.............. Do. Scott County. December 17, 1990, Reg; March 23, 2021, Susp. Princeton, City of, Scott 190244 July 30, 1974, ......do.............. Do. County. Emerg; November 1, 1979, Reg; March 23, 2021, Susp. Riverdale, City of, Scott 190245 July 7, 1975, ......do.............. Do. County. Emerg; January 5, 1978, Reg; March 23, 2021, Susp. Scott County, 190239 December 30, 1971, ......do.............. Do. Unincorporated Areas. Emerg; June 1, 1977, Reg; March 23, 2021, Susp. Walcott, City of, 190675 July 29, 1998, ......do.............. Do. Muscatine and Scott Emerg; November Counties. 7, 2001, Reg; March 23, 2021, Susp. Region 8 Utah: Coalville, City of, Summit 490135 July 24, 1975, ......do.............. Do. County. Emerg; January 30, 1984, Reg; March 23, 2021, Susp. Henefer, Town of, Summit 490136 July 23, 1975, ......do.............. Do. County. Emerg; May 20, 1980, Reg; March 23, 2021, Susp. Oakley, City of, Summit 490138 June 11, 1975, ......do.............. Do. County. Emerg; September 24, 1984, Reg; March 23, 2021, Susp. Park City, City of, Summit 490139 May 8, 1975, ......do.............. Do. County. Emerg; July 16, 1987, Reg; March 23, 2021, Susp. [[Page 14549]] Summit County, 490134 June 10, 1975, Unincorporated Areas. Emerg; July 17, 1986, Reg; March 23, 2021, Susp. Region 10 Oregon: Douglas County, 410059 December 3, 1971, ......do.............. Do. Unincorporated Areas. Emerg; December 15, 1978, Reg; March 23, 2021, Susp. Seneca, City of, Grant 410081 May 22, 1975, ......do.............. Do. County. Emerg; September 24, 1984, Reg; March 23, 2021, Susp. ---------------------------------------------------------------------------------------------------------------- * Do = Ditto. Code for reading third column: Emerg.--Emergency; Reg.--Regular; Susp.--Suspension. Eric J. Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration--FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2021-05406 Filed 3-16-21; 8:45 am] BILLING CODE 9110-12-P