Suspension of Community Eligibility

Published date17 March 2021
Citation86 FR 14545
Record Number2021-05406
SectionRules and Regulations
CourtFederal 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]
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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-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
                

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